Acceptance of Terms of Use

By using www.autobid.auction website or services, you confirm your agreement with the following terms and conditions of use contained in this Terms of Use Agreement (TOU). If at any time you do not agree to be bound by any one or all of these terms, you must discontinue your use of the website and services immediately. Auto Bid Auction (“Company”) reserves the right to make changes to these terms and conditions at any time without prior notice at their discretion. It is your responsibility to periodically check for updates or revisions to the TOU. By continuing to use the website and any related services, you agree to be bound by any changes made.

OUR WEBSITE AND SERVICES MAY ONLY BE USED BY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. OUR SERVICES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR THOSE PERSONS TEMPORARILY OR INDEFINITELY SUSPENDED FROM USE OF THE SITE AND THE RELATED SERVICES. IF ANY PROVISION OF THIS AGREEMENT IS DEEMED TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK AND THE REMAINING PROVISIONS SHALL BE ENFORCED. YOU EXPRESSLY AGREE THAT THIS TOU AND ALL INCORPORATED AGREEMENTS MAY BE AUTOMATICALLY ASSIGNED BY COMPANY AND ITS AFFILIATES.

General Use Restrictions

Company retains full rights, but assumes no obligation, to edit, move, or delete any content included in the website, including any listings or postings. You will not have the right to reproduce, copy, display, alter, or enhance any information or material present on the website in any manner without specific and written authorisation. You are not permitted to reproduce any material from Company’s website in any form on any other website. You have no title, right or trademark to any materials related to the website and you agree not to mirror or copy the website in any manner without the express advanced permission of the Company. Company reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that its operators deems inappropriate.

Membership and Registration Obligations

In order to use the website or any related services, you must agree to the following conditions:

A. Provide true, accurate, current, and complete information about yourself when registering for the site and in any other interactions in dealing with the website, including the purchasing process;

B. Provide authentication/verification of identity through copies of government issued documents when requested by Company; and

C. Maintain and update all registration information so that it is accurate, true, current, and complete at all times.

If Company determines that you have provided any information that is untrue, inaccurate, incomplete or not current, or if Company has reasonable grounds to suspect the validity or accuracy of any information you provide, Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the website or any related service. Company reserves the right to deny membership privileges to any individual, in its sole and absolute discretion. You acknowledge and agree that Company has the right to discontinue providing their website and related services or any portion thereof at any time for any reason without prior notification. You confirm that the termination of your access to the website or related services under any condition of this TOU may occur without any notification. Company retains the right to immediately deactivate or delete your account along with any and all related information and content and bar any further access to such content or the website at their sole discretion. Once you complete the registration process, you are responsible for maintaining the confidentiality of your user ID and password, and are fully responsible for all activities that occur in connection with your account. You hereby agree that you will immediately notify Company at any time that you are aware of unauthorised use of your account or any breach of security concerning your account, the website, or other related services. You also agree to exit from your account at the end of each session to avoid possible unauthorised access. Company will not be held liable for any loss or damage that may arise from your failure to comply with these TOU.

Disclaimer of Warranties

You use this website at your own risk. Company provides this site on an “AS-IS” and “WHERE-IS” basis. Although Company makes an effort to provide accurate and helpful information, we make no guarantee or warranty, express or implied, about the contents of this website or any related services. This website may contain errors or inaccuracies. Company cannot guarantee the timeliness or accuracy of the pictures and descriptions of the items and goods that are presented on our website. It is your responsibility to investigate and confirm all related information, including price, before completing a purchase. Company makes no guarantee or representation that any product purchased or related service will meet your expectations or requirements. COMPANY IS NOT RESPONSIBLE FOR ANY LOSSES YOU MAY INCUR THROUGH THE USE OF OUR SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AND MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM OR CONNECTED TO THE WEBSITE OR SERVICES PROVIDED.

Third Party Content

Any links or advertisements connected to third party websites are provided for your convenience and are to be used at your own risk. Company does not guarantee the content of such third parties in any way and takes no responsibility for any content thereof. By agreeing to the TOU, you confirm that you will not involve Company in any legal or financial proceedings that may result from your use of websites, products or promotions of any such third parties. Any statements, opinions, claims, advice, offers, or any other information or content made available by third parties are those of the respective author(s) or distributor(s) and not of Company. Company has no control over such websites and resources and cannot guarantee their availability or services.

Vehicle Condition and History Disclaimer

Company makes no representations or guarantees about the condition of any vehicles featured on their website. ALL VEHICLES ARE SOLD ON AN "AS-IS WHERE-IS" BASIS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. Company reserves the right to disclaim the accuracy or completeness of vehicle information provided to buyers. All given information is provided for convenience only and should be investigated and confirmed by the buyer before making a purchase. You should not rely solely on the information presented on the website when making a purchasing decision.

One or more keys are not guaranteed to come with the purchased vehicle, even if they are shown in online images or mentioned in the description. Company will comply with laws regarding VIN plates, but cannot guarantee original VIN plates will be included or that any VIN plate will be included in the sale of a vehicle where it is not required by law or regulation. Company cannot guarantee that purchased vehicles will meet your local emissions and safety requirements or that the vehicle can be modified to meet such requirements. It is the sole responsibility of the buyer to ensure that vehicles purchased can be registered in different states or countries and Company makes no guarantee thereof. The buyer takes full responsibility for complying with their local legislation and laws regarding vehicle ownership.

VEHICLE EXPORTS/IMPORTS, SHIPPING

Purchased vehicles may be picked up from the designated Auction facility upon full and complete payment for the vehicle, which includes payment of all applicable fees, to Auto Bid Auction.

It is mandatory that all vehicles be transported from Auction facilities by a licensed and insured transportation company. This requirement is in accordance with our non-driving affidavit. Under no circumstances are you allowed to drive any vehicle from the Auction facility or at any time thereafter prior to the registration of the vehicle and its successful completion of state-mandated inspections. This applies to all vehicles sold through Auto Bid Auction, regardless of the driving condition and title status of the vehicle.

Should you desire to have your vehicle shipped to you, you may place with us either an overseas or domestic shipping order pursuant to which we will act as your shipping agent and will select and engage a shipping carrier on your behalf and otherwise arrange for transportation, storage, and delivery of the vehicle. As a shipping agent we disclaim all liability for any and all loss, damage, expense or delay to the vehicle, including in the event that a vehicle to be shipped overseas is seized by the U.S. Customs and Border Protection (“CBP”). You acknowledge that the circumstances under which CBP has the authority to seize a shipping container, and the contents therein, include, but are not limited to, the following: where documents pertaining to the shipment are missing; where documents pertaining to the shipment contain incorrect information; and pursuant to a spontaneous inspection of the shipment container.

All shipping costs and other related fees must be pre-paid by the member who requests the shipment. Such fees may include but are not limited to applicable taxes, loading fees, storage costs, export documentation, and key service. In the event that the amount of any such fee is not known until after the shipment has been made, you acknowledge that you will be responsible for reimbursing us for any and all taxes, costs, and expenses we incur in making the shipment. You agree and acknowledge that while we use our best efforts to pick up from Auction facilities any vehicle for which shipping has been requested within the number of days allowed by the Auction facility where the vehicle is located so as to avoid storage fees, we are not always able to do so. Thus, you agree and acknowledge that in the event we are unable to pick up your vehicle within the pickup period, you may also incur a non-refundable daily storage fee at the applicable rate charged by the Auction facility.

You agree and acknowledge that shipping costs expressed on our Website are for general informational purposes only and are not binding shipping estimates or quotes. To obtain a shipping quote, please contact us directly.

Shipping Disclaimer

Vehicles shall be shipped FOB. Therefore, you acknowledge and agree that while we will use all reasonable measures to deliver the vehicle to you in the same condition in which it was picked up from the Auction facility and by the estimated shipping date not withstanding the foregoing, we shall not be held liable for any and all liability with respect to key loss, vehicle damage, vehicle or part theft, or shipment delays once the vehicle has been placed with the carrier.  It is the responsibility of the transporter to load the vehicle onto the transportation medium (delivery vehicle, tow truck, tow bed, etc.) and to safely and securely transport the vehicle to its agreed upon destination. Auto Bid Auction and its subsidiaries are not responsible for any damages caused from loading, transportation, and unloading of any vehicles. You unconditionally and irrevocably release and waive Auto Bid. Auction from any and all obligations, damages, losses, liabilities, judgments, expenses (including attorneys fees and costs), arising out of or related to claims for the transportation of the vehicle, whether caused by Auto Bid Auction’s own negligence or otherwise.

Indemnity

You hereby agree to indemnify and hold Company and all their associates harmless from any claim or demand made by third parties arising out of or due to any content or information you present, post, transmit, or otherwise make available on the website or that may result from any violation you make of the TOU or any connection you have to the Company.

Limitation of Liability

PER THIS TOU, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF PROFITS, DATA, USE, OR GOODWILL; (II) IN ACCESS OR LIMITED ACCESS TO THE WEBSITE OR SERVICES; (III) UNAUTHORIZED ALTERATIONS OR ACCESS TO SUBMITTED INFORMATION OR CONTENT; (IV) STATEMENTS, CONTENT, OR CONDUCT OF THIRD PARTY SITES, ADVERTISEMENTS, OR OFFERS; OR (V) ANY OTHER MATTER RELATED TO THE COMPANY, INCLUDING OUR WEBSITE AND SERVICES.

YOU AGREE THAT THE LIABILITY OF COMPANY AND OUR ASSOCIATES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE WEBSITE AND SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO THE COMPANY FOR USE OF THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT BE APPLICABLE.