This User Agreement (the “User Agreement”) and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which Bid Garage offers you access to and use of our Services (the “Terms”). All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all of the terms of this User Agreement when accessing or using our Services. The entity you are contracting with is: Bid Garage, Inc. In this User Agreement, Bid Garage, Inc is referred to as "Bid Garage", “Company”, "we", or "us." Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate. Unless you opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Bid Garage is a vehicle listing, information service and auction type marketplace that brings together buyers and sellers of classic automobiles and other motor vehicles. The actual contract for sale is directly between the seller and buyer. Bid Garage is not a traditional auctioneer and acts only as a way for buyer and seller to meet and come to an agreement on the sales price regarding the purchase/sale of a vehicle. BID GARAGE IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SERVICE. BID GARAGE DOES NOT HOLD NOR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SERVICE. BID GARAGE DOES NOT TRANSFER TITLE OR LEGAL OWNERSHIP OF ITEMS OR VEHICLES FROM THE SELLER TO BUYER. BID GARAGE HOLDS NO INVENTORY, OFFERS NO GUARANTEE OF PURCHASE, SALE OR TRANSFER. BID GARAGE IS NOT AN AGENT OF ANY USER. OTHER THAN THESE TERMS, BID GARAGE IS NOT A PARTY TO ANY AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY VEHICLE PURCHASE AND SALE OR AGENCY AGREEMENT WITH ANY USER. BID GARAGE DOES NOT OFFER OTHER ANCILLARY PRODUCTS AND SERVICES SUCH AS VEHICLE FINANCING, SERVICE CONTRACTS, MECHANICAL BREAKDOWN INSURANCE, VEHICLE REGISTRATION/TITLING, AND VEHICLE TRANSFER ESCROW SERVICES. BID GARAGE ALSO DOES NOT CALL BIDS AT A LIVE AUCTION. While we may provide information regarding pricing, make, model, condition and other information, such guidance is solely informational and based on information provided by the buyer and seller (“Content”) and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, Bid Garage has no control over and does not guarantee: the existence, quality, representations of seller, safety or legality of items advertised; the truth or accuracy of users' Content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Bid Garage reserves all rights not expressly granted herein in the Service. Bid Garage may terminate this license at any time for any reason or no reason.
Your Bid Garage account provides you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Company account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Bid Garage immediately of any breach of security or unauthorized use of your account. The Company will not be liable for any losses caused by any unauthorized use of your account.
By providing your email address you consent to Bid Garage using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, special offers and newsletters. If you do not want to receive such newsletter email messages, you may unsubscribe to such messages using the link at the bottom of the email.
In connection with using or accessing the Services you will not:
If we believe you are abusing Bid Garage and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content and take technical and/or legal steps to prevent you from using our Services. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone fation to Contact You; Reor any reason at our discretion.
Bid Garage strives to provide an enjoyable online experience for our users, so we may monitor activity on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
b. What to Do if You Have a Complaint Against Another User
Remember that by using the publicly accessible portions of the Service you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that may violate the Agreement. You should understand that not all of such Content is actionable. You may not use the Service, or lodge complaints against other users, to facilitate a personal dispute. If you have a legitimate complaint about another user, please do the following:
Policy Enforcement: When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF OUR AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).
A bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller. The fees we charge the buyer for using our Services are shown in the Bid Garage site which is based on a percentage of the winning bid amount. Our buyer fees are variable and dependent on Bid Garage’s negotiations with the seller and will range between a minimum of 1% and a maximum of 4%.If you are a seller, you are responsible for any applicable sales commission at the time a vehicle is listed on the Bid Garage site or at the successful completion of your auction. The sales commission fee will range between 1% and 4% of the final sale price of your successfully completed auction and will be agreed upon by the Seller and Bid Garage before your vehicle has been accepted to list on our service. If you as a seller have your vehicle accepted to list with Bid Garage, utilize our complimentary photo service, our complimentary vehicle report service or any other services we offer to our sellers and do not proceed with your listing you will be liable for the cost of the full cost of any applicable services. If you as a seller offers or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Bid Garage, you may be liable to pay the combined seller and buyer fees applicable to that item, even if the item doesn't sell, given your usage of Bid Garage Services for the introduction to a buyer. If you are a seller, you shall not charge the buyer additional fees over and above the bid price such as “dealer fees”, “document fees”, etc. The bid price is the final price of the item to be paid to the seller. You must have a payment method on file when buying or selling through Bid Garage and pay all fees and applicable taxes associated with our Services by the date posted on the Bid Garage site. All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel. In addition, you may be subject to late fees. Bid Garage, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Bid Garage reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Bid Garage, 6858 Casitas Pass Road, Carpinteria, CA 93013. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Bid Garage account, you must contact the collection agency directly. Seller fees don't purchase exclusive rights to item exposure on Bid Garage, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services.
When listing an item:
In connection with the Services, sellers agree to provide to us a reserve amount indicating the minimum price at which the seller will agree to sell the applicable item (the “Reserve”). seller may reduce or waive the Reserve during the auction by notifying Bid Garage of the change via email. If we believe you are abusing the Service, in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove listings and take technical and/or legal steps to prevent you from using our Services. EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING LISTING AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE VIA THE SERVICE, SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE ITEM ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT SELLER’S LISTING MAY BE REMOVED SOLELY AT OUR DISCRETION. Each buyer acknowledges and agrees that (i) a winning bid submitted via the Service is binding on the buyer with respect to applicable buyer’s fees, and (ii) buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Service. Sellers are not responsible for any shipping or delivery fee. We recommend that an in-person inspection take place, however you acknowledge and agree that Bid Garage bears no risk associated with purchasing of a vehicle listed via the Service, whether or not any inspection is performed and we make no warranties and bear no risk or responsibility whatsoever with respect to any recommended third party inspection services provided to you.
Bid Garage may (in its sole discretion) offer to pay Seller a separate amount to make up the difference between the Reserve and the highest bid (the “Make Whole Amount”); provided, that if Bid Garage provides such Make Whole Amount to Seller in connection with the foregoing, Seller hereby agrees to return to Bid Garage the Make Whole Amount if following such payment, such Seller’s vehicle is not sold to such highest bidder within 30 days. SELLER ACKNOWLEDGES AND AGREES THAT THE OFFERING OR PROVISION OF SUCH MAKE WHOLE AMOUNT BY BID GARAGE TO SELLER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE BID GARAGE A PARTY TO SALE OF THE SELLER’S APPLICABLE VEHICLE OR OTHER TRANSACTION BETWEEN THE SELLER AND THE BUYER.
When buying an item, you agree that:
When providing Content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that Content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Bid Garage, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that Content in connection with our, those assignees', and those sublicensees' use of that Content in connection with our provision, expansion, and promotion of the Services. You represent and warrant that, for all such Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such Content is accurate. You represent and warrant that use of any such Content (including derivative works) by us, our users, or others in contract with us, and in compliance with this agreement, does not and will not infringe any Intellectual Property Rights of any third party. Bid Garage takes no responsibility and assumes no liability for any Content provided by you or any third party. Bid Garage cannot promise that the Content provided through the Services will always be available, accurate, complete, and up-to-date. Bid Garage does not guarantee the truthfulness, accuracy or reliability of any seller Content or endorse any opinions expressed by you or anyone else. By a submission of the seller Content both the buyer and seller fully and unconditionally release and forever discharge Bid Garage and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between seller and buyer or one or more users or any other person or entity, or (ii) the use by us or you of the seller Content, including, without limitation, any and all claims that use of the seller Content pursuant to this agreement violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Bid Garage has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any seller Content. Bid Garage acts as a passive conduit for seller Content and has no obligation to screen or monitor seller Content. If we become aware of any seller Content that allegedly may not conform to this agreement, Bid Garage may investigate the allegation and determine in its sole discretion whether to take action. Bid Garage has no liability or responsibility to users for performance or nonperformance of such activities. You agree that Bid Garage is not responsible for examining or warranting the listings or Content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. The name " Bid Garage " and other Bid Garage marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Bid Garage in the U.S. and other countries. They may not be used without the express written prior permission of Bid Garage.
Except for Seller Content, the Service and all materials therein or transferred thereby (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Bid Garage Content. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited.
“Bid Garage”, our logo, and any other product or service name or slogan displayed on our Service are trademarks of Bid Garage, Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Bid Garage” or any other name, trademark or product or service name of Bid Garage, Inc without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bid Garage, Inc and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
You may choose or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bid Garage under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bid Garage does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.
Bid Garage may contact you at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Bid Garage may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Bid Garage or its agents for quality control and training purposes, or for its own protection.
If Bid Garage provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you for. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Bid Garage’s applications may not occur in real time. Such functionality is subject to delays beyond Bid Garage’s control. YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BID GARAGE, INC, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WHILE WE TRY TO MAKE SURE THAT ALL PRICES POSTED ON THE SERVICE ARE COMMUNICATED ACCURATELY, WE CANNOT BE RESPONSIBLE FOR THE TYPOGRAPHICAL AND OTHER ERRORS THAT MAY APPEAR ON THE SERVICE. IF THERE IS INCORRECT INFORMATION GIVEN ABOUT A VEHICLE PRICE, AVAILABILITY, DESCRIPTION, CONDITION OR MILEAGE DUE TO A TYPOGRAPHICAL ERROR, WE ARE NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION; BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES LISTED AT AN INCORRECT PRICE. THE SERVICE MAY BECOME INACCESSIBLE OR IT MAY NOT FUNCTION PROPERLY WITH YOUR WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. WE CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FROM SERVICE CONTENT, OPERATION, OR USE OF THIS SERVICE. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Bid Garage’s Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A
SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BID GARAGE HAVE AGAINST EACH OTHER ARE
RESOLVED. You and Bid Garage, Inc agree that any claim or dispute at
law or equity that has arisen, or may arise, between you and Bid Garage, Inc (including
any claim or dispute between you and a third-party agent of Bid Garage) that relates in
any way to or arises out of this or previous versions of this User Agreement, your use
of or access to the Services, the actions of Bid Garage, Inc or its agents, or any
products or services sold or purchased through the Services, will be resolved in
accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Bid Garage, except as otherwise stated in this User Agreement.
B. Agreement to Arbitrate
You and Bid Garage each agree that any and all disputes or claims that have arisen, or may arise, between you and Bid Garage, Inc (including any disputes or claims between you and a third-party agent of Bid Garage, Inc) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of Bid Garage, Inc or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
YOU AND BID GARAGE, INC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND BID GARAGE, INC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Bid Garage, Inc’s right to appeal the court's decision. All other claims will be arbitrated.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.bidgarage.com . Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. We may amend this User Agreement at any time by posting the amended terms on www.bidgarage.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Bid Garage, Inc representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment. The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Bid Garage Service. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Bid Garage, Inc, and supersede all prior understandings and agreements of the parties. The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Bid Garage cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, (Bid Garage, Inc)
Address: 6858 Casitas Pass Road, Carpinteria, CA 93013
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Bid Garage, Inc and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Bid Garage, Inc may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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