AutoBidMaster Website Terms of Service
Welcome! Thanks for using autobidmaster.com. By using our website, products, and services, you accept and agree to our terms and conditions, so please take some time to read and review the Website Terms of Service below. If you have any questions, please contact us.
Please be advised that these Terms affect your legal rights and contain provisions that govern how claims you and AutoBidMaster have against each other are resolved (see Section 10 (Dispute Resolution)). You should read this entire agreement carefully before accepting it. If you object to anything in these Terms, or otherwise do not understand or agree to be bound by these Terms, do not use AutoBidMaster's Website. If you use AutoBidMaster's Website in any way, you agree to and are bound by these Terms. You may print a copy of these Terms by using the print button or feature in the browser. AutoBidMaster suggests retaining a copy for future reference.
AutoBidMaster may change these Terms at any time. AutoBidMaster will provide you with notice of such changes, and it is your responsibility to review any changes to these Terms. If you object to any of the changes to these Terms, or otherwise do not understand or agree to any of the changes to these Terms, do not use AutoBidMaster's Services. By continuing to access or use AutoBidMaster's Services following notice of any change to these Terms, you agree to and are bound by these Terms as changed.
2. Your Responsibilities and Rights
During the term of these Terms, AutoBidMaster grants you a limited, non-exclusive, non-transferable license to access the Website for your personal and non-commercial use in accordance with these Terms. AutoBidMaster may terminate this license without notice at any time for any reason.
2.2. Intellectual Property Rights
The design, trademarks, service marks, and logos of the Website ("Marks") are owned by or licensed to AutoBidMaster and subject to copyright and other intellectual property rights under United States, foreign laws, and international conventions. AutoBidMaster reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution of any of the Website other than expressly permitted.
2.3. Your Conduct
Except as otherwise specifically provided herein, you may not engage in any of the following prohibited activities: (a) reproducing pictures, descriptions, quote calculator, range and mileage estimator, or other aspects of the Website on any other site; (b) "framing" or "mirroring" of the Website or any material contained on or accessible from the Website on any other server or Internet-based device without the advanced written authorization of AutoBidMaster; (c) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated "scraping"; (d) using any automated system, including without limitation "robots," "spiders," "offline readers," etc. to access the Website; (e) transmitting spam, chain letters, or other unsolicited email; (f) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website; (g) taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on Website infrastructure; (h) uploading invalid data, viruses, worms, or other software agents through the Website; (i) collecting or harvesting any personally identifiable information, including account names, from the Website; (j) using the Website for any commercial solicitation purposes; (k) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (l) interfering with the proper working of the Website; (m) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (n) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
2.4. Your Access
You must be at least 18 years old to access or use the Website. By accessing or using the Website in any way, you represent that you are at least 18 years of age.
2.5. Your Use
You agree that (a) your use of the Website will be in strict compliance with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside), and (b) your use of the Website will not infringe or misappropriate the intellectual property rights of any third-party.
2.6. Your Member Account
If you complete the registration process, you will receive an email from us with the login credentials associated with your account with AutoBidMaster ("Member Account"). You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your Member Account. You agree to (a) immediately notify AutoBidMaster of any unauthorized use of your login credentials or Member Account or any other breach of security and (b) ensure that you exit from your Member Account at the end of each session. AutoBidMaster cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3. Intellectual Property Rights
3.1. No Transfer
These Terms do not transfer from us to you or to any third-party any rights in or to any of our intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with AutoBidMaster. AutoBidMaster, the AutoBidMaster and autobidmaster.com logos, and all other trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of AutoBidMaster. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third-parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third-party trademarks.
3.2. Copyright Policy
AutoBidMaster respects the intellectual property rights of others and expects you to do the same. AutoBidMaster will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to AutoBidMaster. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the Digital Millennium Copyright Act: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) your contact information, including your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
4. Third-Party Content
Through the Website, you will have the ability to access and/or use content, material, including computer software, provided by or made available through the third-party websites and services ("Third-Party Content"). AutoBidMaster cannot guarantee that such Third-Party Content will be free of material you may find objectionable or otherwise inappropriate. By operating the Website, AutoBidMaster does not represent or imply that AutoBidMaster endorses any Third-Party Content or believes such Third-Party Content to be accurate, useful, or non-harmful. Your access to and use of any Third-Party Content is at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AutoBidMaster disclaims any and all responsibility or liability for any harm resulting from your use of the Third-Party Content.
5. General Disclaimer of Warranties
The Website is provided "AS IS" without any warranties of any kind. To the fullest extent permissible under applicable law, AutoBidMaster expressly disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. You expressly acknowledge and agree that: (a) AutoBidMaster makes no warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the Website will be accurate, reliable, complete, or current (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations, and (v) any errors in the Website will be corrected; (b) any material downloaded or otherwise obtained through the use of the Website is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (c) no advice or information, whether oral or written, obtained by you from AutoBidMaster, or through or from the Website, shall create any warranty not expressly stated in these Terms; and (d) AutoBidMaster is not responsible for incorrect or inaccurate entry of information, human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any telephone network, computer equipment, software, or any combination thereof, or inability to access the Website.
6. General Release and Waiver of Liability
You acknowledge and agree that your access to and use of the Website is at your own risk. In consideration for providing you with access to the Website, you hereby absolutely and unconditionally release and waive from any and all claims, demands, or causes of action of any kind, nature, or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which you had, now have, or claim to have against us for or by reason of any act, omission, matter, cause, or thing whatsoever arising out of or in any way related to your access to or use of the Website, whether such claims, demands, and causes of action are matured or unmatured, known or unknown, liquidated, fixed or contingent, or direct or indirect.
7. General Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall AutoBidMaster be liable for: (a) any direct, special, indirect, or consequential damages, or (b) any other damages of any kind, including without limitation loss of use, loss of profits or loss of data, whether in an action in contract, tort (including without limitation negligence) or otherwise, arising out of or in any way connected with your use of or inability to use the Website, including without limitation any damages caused by or resulting from reliance by you on any information obtained from Website (including without limitation Third-Party Content), or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance of the Website.
To the maximum extent permitted by applicable law, you agree to defend and indemnify AutoBidMaster against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including without limitation interest which may be imposed in connection therewith), expenses of investigation, reasonable fees, costs and disbursements of attorneys, counsel, and other experts (at trial and on any appeal), and cost to AutoBidMaster of any funds expended arising out of, resulting from, or related to any claim brought by a third-party arising from or relating to your access to or use of the Website.
9. Local Laws
AutoBidMaster controls and operates this Website from its headquarters in the state of Oregon, USA, and makes no representation that the Website is appropriate, applicable, or will be available for use in other locations. Except as otherwise specifically provided herein, all marketing or promotional materials on this Website are solely directed to persons and entities located in the United States. If you use this Website from outside the United States, you are entirely responsible for compliance with applicable laws, including but not limited to the export and import regulations.
10. Dispute Resolution
You and AutoBidMaster agree that any claim or cause of action arising out of or in any way related to these Terms, your relationship with AutoBidMaster, your use of (or inability to use) AutoBidMaster's Website, or your use of the Website will be resolved in accordance with the provisions set forth in Section 9 of the AutoBidMaster Member Terms and Conditions. Please read this section carefully. This section affects your rights and will have a substantial impact on how any Claim you may have against AutoBidMaster is resolved.
11. General Provisions
Any rights and obligations which arise from these Terms shall survive its termination.
11.2. References to Parties
Any reference in these Terms to any inpidual or entity (including you and AutoBidMaster) shall include a reference to its respective directors, officers, shareholders, members, employees, representatives, agents, subsidiaries, partners, affiliates, and assigns.
11.3. Construction and Interpretation
The captions used in these Terms are provided for convenience only and will not affect the meaning or interpretation of any provision of these Terms. All references in these Terms to "section" or "sections" without additional identification refer to the section or sections of these Terms. The singular shall include the plural, and the plural the singular, and the masculine and neuter shall each include the masculine, feminine, and neuter, as the context requires. Whenever the words "include" or "including" are used in these Terms, they will be deemed to be followed by the words "without limitation."
11.4. Time is of the Essence
Time is of the essence with respect to all dates and time periods set forth or referred to in these Terms.
You agree that we may provide notices to you in the following ways: (a) a banner or other notice on our Website, or (b) an email sent to an address you provided, or (c) through other means including mobile number, telephone, or mail. It is your responsibility to keep your account information updated via your My Account page (if applicable).
We may offer translated versions of our Website or these Terms. Any such translations are offered solely for convenience. You should not rely on any translated version of our Website or these Terms. If any questions arise concerning the accuracy or completeness of any translated version of our Website or these Terms, please refer to the English version, which is the official and authoritative version.
11.7. No Third-Party Beneficiaries
You understand and agree that, except as otherwise expressly stated in these Terms, these Terms create no third-party beneficiary rights.
11.8. No Joint Venture
You acknowledge and agree that no independent contractor, partnership, joint venture, employer-employee, principal-agent, or franchiser-franchisee relationship is intended or created by these Terms or your use of AutoBidMaster's Website. As such, you shall not have, or hold out to any third-party as having any authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on AutoBidMaster, except as provided herein or authorized in writing by AutoBidMaster.
AutoBidMaster's failure to enforce a provision of these Terms is not a waiver of its right to do so later. No waiver shall be binding on any party unless signed by the waiving party.
If any provision (or portion thereof) of these Terms is found by an arbitrator or a court of competent jurisdiction to be unenforceable, such provision (or portion thereof) will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If an arbitrator or a court finds the modified provision to be unenforceable, the enforceability of the remaining provisions of these Terms will not be affected in any way.
11.11. Entire Agreement
Except as otherwise specifically provided herein, these Terms constitute the entire agreement between you and AutoBidMaster with respect to your use of the Website and replace and supersede any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms. There have been no representations, warranties, or promises outside of these Terms.
11.12. Contacting AutoBidMaster
You may contact AutoBidMaster in any of the following ways:
+1 (503) 298-4300
6807 NE 79th Court, Suite B
Portland, OR 97218