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User Terms and Conditions – LetDealersBid.com User Agreement

Below is the User Agreement between you (“the User”) and LetDealersBid.com Inc (hereinafter "LetDealersBid" or " LetDealersBid.com" or “we”) regarding the use of LetdealersBid.com website (also referred to as “our website” or “LDB”) in this User Terms and Conditions Agreement (also referred to as “this agreement” or “this User agreement”)

Introduction:

Welcome to LetDealersBid.com; a website that lets you buy or sell automobiles through our version of Reverse Auction System based on automobile bids requests and offers. By using LetDealersBid.com website you agree to all terms and conditions listed below with or without explicitly checking “I agree to LetdealersBid.com User Terms & Conditions” checkbox found on many pages throughout our website.

This Agreement goes in effect on May 15, 2010 which is the time when our website goes live and applies to all existing and new users

Scope:

All visitors agree to these terms and conditions when using or visiting any control or webpage belonging to LetDealersBid.com domain without or without “Using this website means you accept its terms” hyperlink appearing at the bottom of the page or anywhere on the control.

All registered users (buyers or sellers) agree to all the terms and conditions written in this user agreement or in a webpage or document linked to this agreement when opening a buyer or seller/dealership account including LetDealersBid.com’s Privacy Policy.

Using LetDealersBid.com Website

When using LetDealersBid.com website you agree that you will not:
  • violate any state or government laws, social and moral values, third party rights, or terms and conditions set by this user agreement
  • use our website, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our websites, services, or tools by our staff or a law enforcement agency
  • fail to deliver payments when you are expected to make a payment
  • fail to deliver vehicle(s) you offered for sale to any buyer through our website unless buyer failed to pay for the vehicle or violated certain terms and conditions of this user agreement
  • manipulate the price of any item or interfere with what other sellers are offering to our buyers
  • circumvent or manipulate our fee structure, billing process, or fees owed to LetDealersBid.com
  • post false, inaccurate, misleading, defamatory, or libelous information or content about you, your business, and/or vehicle(s) you have or are planning to buy or sell using LetDealersBid.com website
  • take any action that may undermine the Feedback or ratings systems
  • transfer or grant access of your LetDealersBid.com account and/or user ID without our consent
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes
  • distribute viruses or any other technologies that may harm LetDealersBid.com, or the interests or property of LetDealersBid.com Inc or our website users
  • copy, modify, or distribute rights or content from LetDealersBid.com website or LetDealersBid.com's copyrights and trademarks
  • collect any information from our website about LetdealersBid.com Inc, LetdealersBid.com website, our website users, automobiles related data/information, contact information of buyers or sellers including their name and email addresses , that has a personal or business interest other than buying or selling automobiles through Letdealersbid.com website
By using LetDealersBid.com website, as a seller you agree:
  • To hold the vehicle for 24 Hrs at least after LetDealersBid.com has sent a confirmation email to you confirming a potential buyer has accepted your bid or offer (24 Hrs window is to make sure buyer has plenty of time to make an initial $500 deposit to LetDealersBid.com Inc showing commitment to buy the vehicle from you)
  • That the buyer’s contact information is revealed to (selected) seller only and after buyer has accepted a bid/offer from seller
  • To hold the vehicle for 2 weeks at least after LetDealersBid.com sends you an email confirming initial deposit has been made by the buyer
  • Not to charge buyer additional amount if an out of the gate price was given to the buyer; buyers should be able to pay whatever you quoted as out of the gate price and drive vehicle home
  • To pay LetDealersBid.com Inc a service charge according to the policies set under “Fees and Services” section of this agreement
Using LetDealersBid.com website, as a buyer you agree:
  • and understand that there are several types of dealership charges and such charges vary from dealership to dealership. It may or may not be possible for a seller to list all charges at the time of submitting a bid/offer without getting additional information from the buyer. It is your job to work with dealership and have all charges mentioned on the bid/offer you receive/accept.
  • to work with dealership first to resolve any possible dispute that might occur before getting LetDealersBid.com Inc involved and will accept LetdealersBid.com Inc’s decision as fair and final
  • and understand that sellers are under no obligation to sell a vehicle to someone else if you fail to make an initial deposit within 24 Hrs after accepting a bid/offer
  • and understand that the seller will be given a 5 star rating if you accept a bid but fail to make desired initial deposit within 24 Hrs of accepting bid/offer
  • and understand that the seller will be given a 5 star rating on your behalf by LetDealersBid.com Inc if you fail to leave a feedback within 30 days after making initial deposit
  • and understand that you will be given a 4-Star rating every time you accept a bid/offer but fail to make desired initial deposit within 24 Hrs after accepting bid/offer

Abusing LetDealersBid.com

LetDealersBid.com Inc and buyers and sellers must work together to properly operate LetdealersBid.com website making it a healthy and productive environment for all. We urge all users to report any problems, offensive content, and policy violations to us immediately using “Contact Us” accessible through top menu bar on almost all pages of our website.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our websites and/or content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the websites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies or business interests. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long period of time, or to modify or discontinue LetDealersBid.com websites, services, or tools any time without notifying our website users

Buyer and Seller Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by LetDealersBid.com are rewarding and hassle free.

We encourage buyers and sellers to work together and resolve any issues that might pop-up involving buying or selling of automobiles before contacting LetDealersBid.com support. Buyers and sellers agree to follow processes set forth by LetDealersBid.com for buying and selling of automobiles. LetDealersBid.com is a service provider not involved in actual buying or selling of the automobiles and does not offer any protection to buyers or sellers against any loss or damage. It is like any other marketplace or a print publication bringing buyers and sellers together in a hope it will help buyers and sellers deal with each other with honesty and respect. It is buyer’s own decision to buy from a seller he/she found on LetDealersBid.com website, and it is a seller’s own decision to sell automobile to a buyer they found on LetDealersBid.com website.

LetDealersBid.com does believe our buying and selling process, if followed, will not cause any trouble to a buyer or a seller but in rare cases if a dispute does occur we urge buyers and sellers, both, to contact us immediately with all the details using Contact Us form to let us try to resolve the issue using any means we feel are appropriate to resolve such issues within the limits set forth by this user agreement and/or our corporate policies. Disputes without proper history of communication through our website cannot be resolved by LetDealersBid.com so we urge buyers and sellers to use our website to communicate with other party.

Fees and Services

Joining LetDealersBid.com as buyer or seller, requesting bids/offers as buyer and submitting bids/offers as sellers is all free! However buyer can make a payment to LetDealersBid.com at the time of submitting a bid request to push sellers bid low in order to get a reward through our Dealerships Reward Program (more details on this program are available under “Offers & Rewards” menu).

Out services are absolutely free for buyers (unless they decide to contribute some money towards dealership rewards program) but sellers are charged a transaction fee as soon as some buyer makes an initial deposit for a commitment to buy a vehicle. Transaction fee is 1% of the total bid/offer accepted by the buyer.
  • If buyer’s initial deposit is less than the transaction fee (i.e. sellers owes some money to LetDealersBid.com), sellers will be sent a bill electronically (via email) at the end of the month, and sellers agree to pay in full within 30 days after such email is sent
  • If buyer’s initial deposit is more than the transaction fee (LetDealersBid.com Inc owes seller some money), seller agrees to get their money back after buyer has left a feedback. If buyer fails to leave a feedback and it has been 30 days since accepting a bid/offer, seller has the right to ask for payment. Sellers can do so after logging in to their account and visiting Feedback section. LetDealersBid.com will release remaining funds and give seller a 5-star rating on buyer’s behalf
Content

For the convenience of buyers and sellers, we offer catalogs of stock images, descriptions, and product specifications that are provided by third parties including LetDealersBid.com contract workers and users. You can use this content solely in connection with your buying or selling experience through LetDealersBid.com.

While we try to offer reliable data and information, we cannot promise content is always accurate and up-to-date, and you agree not to hold our content providers or us responsible for inaccuracies in content. It is your choice to use our content and you continue to be fully responsible for the use of such content. Our content might include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included with the catalogs or create any derivative works based on catalog content

Limitation of Liability

You will not hold LetDealersBid.com Inc responsible for other users' content, actions, or inactions, or vehicles offered for sale. You understand and acknowledge that we are not an auctioneer but a venue to allow anyone to offer for sale or buy an automobile at anytime and from anywhere. We are not involved in actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety, or legality of items requested, advertised, offered for sale, sold, or ability of the buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our websites, services, or tools, and operation of our websites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our websites, services, and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) total fees (as described under Fees and Services section above) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100
 
Release
If you have a dispute with one or more users, you release us and our officers, directors, agents, subsidiaries, joint ventures, and employees from all 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
 
Access and Interference
Information on the websites is updated in real-time and is proprietary or licensed to LetDealersBid.com by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the websites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of LetDealersBid.com and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the websites, services, or tools, or any activities conducted on or with the websites, services, or tools; or
Privacy

We do not sell or rent our user’s personal information to third parties and use your information only as described in our Privacy Policy (link page footer). If you have any objections please do not use our services

Indemnity
You will indemnify and hold us and our officers, directors, agents, subsidiaries, joint ventures, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement

Notices
Except as explicitly stated otherwise, legal notices shall be sent to (in the case of LetDealersBid.com) or to the email address you provide to LetDealersBid.com during registration process (in your case). Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given five days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and LetDealersBid.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and LetDealersBid.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  • Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against LetDealersBid.com must be resolved exclusively by a state or federal court located in Bexar County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Bexar County, Texas for the purpose of litigating all such claims or disputes.
  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims - All claims you bring against LetDealersBid.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, LetDealersBid.com may recover attorneys' fees and costs up to $10,000 provided that LetDealersBid.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General

We may amend this Agreement at any time. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you via email. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes


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