iBidMotors Agreement

Please read carefully all the terms and conditions of this agreement. No buyer or seller will be permitted to use the iBidMotors site unless it accepts the terms of this agreement. You hereby certify that you are an authorized representative of the buyer or seller referenced in your iBidMotors Registration. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors.  By clicking the “Create Account" or "Register" button you accept the terms and conditions of this agreement.

As a user (Participant) of iBidMotors, whether as a seller or buyer of a vehicle, you agree to the following terms and conditions:

1.iBidMotors may change the terms of this agreement from time to time. By continuing to use the iBidMotors site you agree to be bound by this agreement, as modified. iBidMotors may change, restrict access to, suspend, or discontinue the  website, or any portion of the website, at any time. iBidMotors reserves the right to deny use of the iBidMotors website to anyone who does not comply with the requirements set forth in this agreement or who otherwise uses the iBidMotors website in a manner iBidMotors considers inappropriate.

2.  How iBidMotors Works

iBidMotors is a virtual, vehicle marketplace, where car dealers, wholesale buyers and wholesale sellers and consumers can efficiently buy and sell vehicles. Sellers – car dealers, commercial consignors, wholesalers, brokers – list vehicles for sale through iBidMotors. Each listing includes a vehicle identification number and a complete and accurate description, seller disclosure(s) regarding vehicle condition, and a sale price or starting bid with a reserve price. Sellers may offer vehicles for sale in fixed price, Buy it Now, Deal or No Deal Auction and auction-style formats.

3.  Registration and Access

To obtain access to the services and features of the iBidMotors website, each dealer or consumer will first need to register with iBidMotors and will need to have Auction Password issued by iBidMotors.  As part of the registration process, each representative will select a user name and a password will be assigned by iBidMotors. If iBidMotors has reasonable grounds to suspect that information a representative provides as part of his registration is untrue, inaccurate, not current or incomplete, iBidMotors has the right to suspend or terminate the representative’s account and refuse any and all current or future use of the iBidMotors website (or any portion thereof). Participant and its representatives are responsible for maintaining the confidentiality of passwords and account numbers, and Participant is responsible for all activities that occur under its account and the accounts of its representatives. If Participant suspects any unauthorized use of its account or any of its representatives’ accounts or any other breach of security, Participant will immediately notify iBidMotors Customer Support Manager. iBidMotors is not responsible for any loss or damage arising from Participant’s failure, or the failure of Participant’s representatives, to protect or to keep password or account information confidential.

4.  Conducting Transactions

Information about a particular vehicle listed on iBidMotors is supplied by the seller of the vehicle, not by iBidMotors, and iBidMotors does not make any representations or warranties with respect to the accuracy or completeness of such information or the condition of any vehicles. Responsibility for the information contained in vehicle listings lies with each seller.

Although iBidMotors cannot monitor all the listings posted to the iBidMotors website, iBidMotors reserves the right (but assumes no obligation) to delete, or edit any listings, ads or other postings that iBidMotors considers unacceptable or inappropriate, whether for legal or other reasons. By using the iBidMotors website (for itself and on behalf of each of its representatives) agrees not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to use the iBidMotors website. iBidMotors will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to iBidMotors. However, iBidMotors may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce this agreement, or to protect the rights, property or safety of visitors to the iBidMotors website, iBidMotors advertisers, the public or iBidMotors.

4 A. Fees and Services

Joining iBidMotors and bidding on listed items is free. We do charge fees for listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our fee schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes retaining collection agencies and legal counsel, and for accounts over 90 days past due.

5.  Additional Terms and Conditions for Sellers

When Participant offers a vehicle for sale through iBidMotors, Participant must be prepared to sell that vehicle at the price at which, and the terms on which, Participant has listed it. Participant must have the ability to transfer title of the actual vehicle listed.

Participant agrees that iBidMotors may reject any vehicle listing in iBidMotors discretion. Participant also agrees that positioning of listings is at iBidMotors discretion. 

Participant agrees that iBidMotors owns all rights (including, without limitation, copyright rights) in the iBidMotors website and in any information collected by iBidMotors or its vendors and/or licensees relating to users of the iBidMotors website (including, without limitation, any personally identifiable transaction data and “clickstream” data).

Participant represents and warrants that it has all rights necessary to make available its vehicle listings information to iBidMotors and its licensees, and that iBidMotors access, distribution, and use of the vehicle listings information as contemplated by this agreement will not violate any applicable law, rule or regulation and will not infringe any rights of any third party, including, but not limited to, any contractual rights, copyright, trademark, patent, or trade secret rights or any right of privacy or publicity. Participant will indemnify and hold iBidMotors and its employees, and its licensees, resellers and their affiliated entities, and their employees, harmless against any and all expenses and losses of any kind (including reasonable attorneys’ fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties, and/or resulting from any mistake or inaccuracy in vehicle listings information made available by Participant (or on Participant’s behalf), and/or arising out of iBidMotors use of vehicle listings information made available by (or on behalf of) Participant. By submitting material to iBidMotors, Participant is permanently granting iBidMotors all rights to the material, including the right to modify the material, to display and distribute the material and otherwise use it commercially, and to maintain the material in an archive.

Participant represents and warrants that (i) it is the true and lawful owner of each vehicle listed on iBidMotors on Participant’s behalf, (ii) that the same is free from all liens and encumbrances, (iii) that Participant has the good right and full power to sell and transfer title to the same, and (iv) that Participant will warrant and defend the same against the lawful claims and demands of all persons whomsoever.

6.  Additional Terms and Conditions for Buyers

Participant understands and agrees that it may not retract any bids to purchase a vehicle via iBidMotors without iBidMotors express written permission. The submission of a bid for a vehicle by (or on behalf of) Participant automatically becomes a legally binding contract to purchase the vehicle from the seller at the price and on the terms bid by (or on behalf of) Participant.

Participant may use iBidMotors maximum (proxy) bidding feature to automatically bid on vehicles listed on iBidMotors. iBidMotors proxy bidding feature enables Participant to submit a maximum bid amount for a specific vehicle and authorizes iBidMotors to bid on the vehicle on Participant’s behalf.

Participant represents and warrants that it has all rights necessary to purchase the vehicles for which it submits bids within the iBidMotors marketplace, and that these purchases, as contemplated by this Marketplace Participation Agreement will not violate any applicable law, rule or regulation.  Participant will indemnify and hold iBidMotors and its employees, and its licensees and their affiliated entities, and their employees, harmless against any and all expenses and losses of any kind (including reasonable attorneys’ fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties.

7.  Links to Other Sites

iBidMotors may make available a variety of links to other vendors’ websites where Participant can obtain vehicle related products and services, including facilitation services. iBidMotors cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. iBidMotors is not responsible for the products or services these vendors provide. Participant releases iBidMotors and its affiliates from any damages that Participant may incur, and agrees not to assert any claims against them, arising from Participant’s purchase or use of third party supplied products and services.

8. Ownership and Permissions

The materials on the iBidMotors website are the property of iBidMotors or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, neither Participant nor its representatives may distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the iBidMotors website. Neither Participant nor its representatives may use automated means, such as robots, screen scrapers, or spiders, to collect and/or index any information contained on the iBidMotors website. Participant may display and occasionally print a single copy of any page on the site for its own use, but neither Participant nor its representatives may otherwise reproduce any material appearing on the iBidMotors website without iBidMotors prior written consent. Neither Participant nor its representatives may store any significant portion of, nor distribute copies of, materials found on the iBidMotors website, in any form (including electronic form), without prior written permission from iBidMotors. 

Participant may establish a hypertext link to the iBidMotors website so long as the link does not state or imply any endorsement or sponsorship of Participant by iBidMotors or any of its affiliates. However, without the prior written permission of iBidMotors, neither Participant nor its representatives may frame any of the content of the iBidMotors website or incorporate into another website or other service any intellectual property of iBidMotors or its licensors. Requests for permission to frame iBidMotors content may be sent iBidMotors Customer Support Manager, either by email. 

iBidMotors logo are trademarks of iBidMotorsLLC.  The names of other products and services referred to on the iBidMotors website may be the trademarks of their respective owners. Neither Participant nor its representatives may not use any trademark or service mark appearing on the iBidMotors website without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2007-2008 iBidMotors. and/or its licensors. All rights reserved.

By using the iBidMotors website Participant agrees (for itself and on behalf of its representatives) not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to use the iBidMotors website. iBidMotors will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to iBidMotors. However, iBidMotors may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce this agreement, or to protect the rights, property or safety of visitors to the iBidMotors website, iBidMotors advertisers, the public or iBidMotorsLLC.

Participant grants its express consent to receive advertising offers and other information via direct mail, telephone, email, and facsimile transmissions from iBidMotors. Participant agrees that such offers and information may be directed to the postal and email addresses, telephone number(s) and facsimile number(s) provided or used by Participant. Participant may terminate its consent only by providing a written notice, executed by an authorized representative of Participant, to iBidMotors Customer Support Manager. The written notice must expressly state that Participant is revoking its consent to receive advertising offers and other information from iBidMotors. Participant represents and warrants that it owns or leases the facsimile equipment that will be used to receive fax messages at the facsimile number(s) that Participant provides or uses.

9. Disclaimer of Warranties, Limitation of Liability, and Indemnification

if participant relies on iBidMotors or any information, product or service available through iBidMotors, participant does so at its own risk. participant understands that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted via iBidMotors. the services provided by iBidMotors and the iBidMotors website are provided to participant “as is.” iBidMotors and its parents, affiliates, resellers, agents and licensors, cannot and do not warrant the accuracy, completeness, currentness, non infringement, merchantability or fitness for a particular purpose of the information available through iBidMotors (or any information, goods or services that are referred to, advertised or promoted on, or sold through the iBidMotors website). nor does iBidMotors or its parents, affiliates, agents or licensors guarantee that the iBidMotors website will be error free, or continuously available, or that the iBidMotors website will be free of viruses or other harmful components.

Under no circumstances will iBidMotors or its parents, affiliates, agents or licensors, Resellers be liable to participant or anyone else for any damages other than direct damages, arising out of participants use of the iBidMotors website or any product or service linked to from or advertised or promoted on the iBidMotors website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if iBidMotors or its parents, affiliates, agents or licensors are advised beforehand of the possibility of such damages. participant agrees that the liability of iBidMotors and its parents, affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to the iBidMotors website and/or iBidMotors services will not exceed the amount participant paid, if any, for the use of the iBidMotors website, or for the provision of such services, out of which such liability allegedly arises. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to participant. participant agrees to indemnify and hold harmless iBidMotors, its parents, affiliates, employees, owners, representatives, and licensees against any and all claims, of whatever nature, that arise out of any listing participant places through the iBidMotors website and any and all claims with respect to participant’s consent to receive advertising offers and other information via direct mail, telephone, email, and facsimile transmissions from iBidMotors.

10. Miscellaneous

Neither Participant nor its representatives may use the services provided by iBidMotors to send unsolicited bulk and/or commercial messages (“spamming”). Participant may not use information concerning other users of the iBidMotors website, or the vehicles they have listed or searched for on the iBidMotors website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle. Participant understands and agrees that from time to time the dealer may sell a car that is still on the auction with bids. The dealer will do their best to work with the current high bidder to find another car that is similar in price.

This agreement has been made in, and will be construed in accordance with the laws of, the State of New Jersey. By using the iBidMotors website, Participant consents to the exclusive jurisdiction and venue of the state and federal courts in Mercer County New Jersey in all disputes arising out of or relating to this agreement or use of the iBidMotors website.