Cars & Bids Terms of Use
Effective Date: August 14, 2026
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS, INCLUDING PRIVACY-RELATED CLAIMS ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE, APP AND THE SERVICES, AS DETAILED IN THE “DISPUTE RESOLUTION; CLASS ACTION AND JURY TRIAL WAIVER” SECTION BELOW.
Please review this page carefully. These Terms of Use (“Terms” or “Agreement”) constitute a legal contract between you and Cars and Bids, LLC (“Cars & Bids,” “Company,” “we,” “us” or “our”) and govern your access to and use of the https://carsandbids.com/ website and its subdomains (collectively, the “Website” or “Site”), our mobile application (“App”), and all portals, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”). By using the Site, App or Services, you agree to these Terms. These Terms form a contract between you and Cars & Bids, and if you are using the Site or Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual and such entity or individual will also be considered a party to these Terms.
All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site, App, or the Services. "You" refers to any user, regardless of whether he or she is a Seller, Bidder, other registered user or unregistered user, while if we use one of those specific terms, it only applies to that category of user.
Our Services are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction.
Cars & Bids connects people offering cars for sale (“Sellers”) and people looking to acquire cars (“Bidders”). Cars & Bids is a marketplace only; the contract for the sale of each car is formed directly between the Seller and the winning Bidder.
Before acquiring a car from any Seller (each, a “Seller Car”), Bidders are responsible for making their own determinations that the Seller Car is suitable. Cars & Bids is only responsible for connecting Sellers and Bidders, and can’t and won’t be responsible for making sure that any Seller Car is up to a certain standard of quality. Cars & Bids similarly can’t and won’t be responsible for ensuring that information (including credentials) any Bidder or Seller provides about himself or herself or about any Seller Car he or she is offering is accurate or up to date. Each Seller acknowledges and agrees that a winning bid creates a binding obligation to sell the Seller Car, as set forth in the Seller Representations below. Each Bidder acknowledges and agrees that if they are the winning bidder in an auction through the Services, their bid is a binding commitment to purchase the car on the Bidder and Bidder is responsible for all applicable government fees and taxes for the vehicle won through such bid. Notwithstanding the foregoing, we don’t control the actions of any Bidder or Seller, and Sellers aren’t our employees.
Cars & Bids does not directly offer the Seller Cars, nor does it supervise, direct, control, or monitor any Seller Car. Cars & Bids does not verify the quality of any Seller Car or the accuracy of any information or content, including credentials, that Bidders or Sellers provide. "Listing Content" means the text, photographs, and other material appearing in a Listing as published. Listing Content is prepared solely from information, photographs, documents, and statements supplied or confirmed by the Seller, and from the Seller's responses to our inquiries. Cars & Bids does not inspect Seller Cars, does not independently verify Seller-supplied information, and makes no representation or warranty regarding the accuracy or completeness of any Listing Content. The Seller remains solely responsible for the accuracy and completeness of all information about the Seller Car, including as reflected in Listing Content. Any editorial characterization, commentary, opinion, or emphasis contained in Listing Content is not a representation, warranty, guarantee, appraisal, valuation, certification, or endorsement of the Seller Car by Cars & Bids. Bidders remain responsible for conducting their own evaluation and due diligence as described in these Terms. Cars & Bids cannot guarantee the identity of any users with whom you interact through the Services and is not responsible for which users gain access to the Services. All Sellers and Bidders are independent and not affiliated with Cars & Bids. Please see our additional Disclaimers section below.
Cars & Bids cannot control and has no duty to take any action regarding how you may interpret or use any information or content posted through the Site, App, and Services, or what actions you may take as a result of exposure to such information or content.
General
Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Site, App and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13) years of age. We do not knowingly collect or solicit personally identifiable information from children under 13. If you are the parent of a child under 13 who has provided their personal information to us, please contact us at [email protected] so that we may delete the information.
In connection with your use of the Site, App and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. For instance, if you are Listing a Vehicle, you may be provided with specific terms and conditions relating to your Listing, or if you are buying a vehicle on the Site, you may be subject to additional Buyer’s terms. If you use any of our optional services or those of third parties that are offered through the Site, you will be subject to those additional terms. Please read any such supplemental policies and terms carefully before making any use of such portions of the Site, App or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site, App or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms. You may review our FAQ here.
By using the Site, App and our Services, you agree that we may communicate with you electronically regarding your use of the Site or Services and that any notices, agreements, disclosures or other communications that Cars & Bids sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at [email protected].
By providing your mobile phone number and opting in to receive text messages from Cars & Bids, you expressly consent to receive recurring automated marketing and informational text messages from us at the number you provided. Messages may be sent using an automatic telephone dialing system (“auto dialer”), automated technology, or prerecorded/artificial voice. Your consent to receive text messages is not required as a condition of purchasing any goods or services. You must be 18 or older to enroll.
Messages may include (but are not limited to): promotional offers, product updates, account or service alerts, appointment reminders, support notifications, and other information related to Cars & Bids. These messages may be sent as part of our marketing and customer communications program. Message frequency may vary. You may receive multiple messages per month depending on your interactions with us. Message and data rates may apply based on your mobile carrier’s plan. Carriers are not liable for delayed or undelivered messages. You must provide your own mobile number and promptly notify us if the number is reassigned or disconnected. Your consent to receive marketing or informational text messages is voluntary and not a condition of any transaction (including the purchase of any goods or services), and you may withdraw it at any time.
You may opt out of receiving text messages at any time by replying STOP to any message we send. After you send STOP, we will send a confirmation text and no further messages will be sent unless you opt in again. For help, reply HELP to any of our messages or contact us at [email protected].
Your participation in the SMS program is subject to our Privacy Policy, which explains how we collect, use, and share information, including your mobile number. By opting in, you acknowledge the transfer of information through networks that may not be fully secure and the involvement of wireless carriers, vendors, and service providers who assist with message delivery.
We may update or modify these SMS Terms from time to time. Any changes will be effective upon posting to our website. You shall not be liable for any failure to opt out of the SMS program following a change, reassignment, or disconnection of your mobile number. Your continued enrollment after changes are posted constitutes acceptance of the updated Terms.
The Site or App may contain links to third party websites and services that take you outside of the Company websites and the Services (“Linked Sites”), including social media platforms, payment processors, or online services operated by third parties. We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Linked Sites, including without limitation with respect to the payment and delivery of products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site or App, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.
You may not access or use, or attempt to access or use, the Site, App or the Services to take any action that could harm us or any third party, interfere with the operation of the Site, App or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:
Violating the security of the Site, App or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected.
To sign up for our mailing list or to request information, you may be required to provide certain information, including your personal or business information. Any information you submit is subject to our Privacy Policy.
You agree to provide information that is accurate, current, and complete at the time of submission. You may use the Site and any information provided to you through the Site solely for lawful purposes. You may not use the Site or our Services to engage in fraudulent, deceptive, or unlawful conduct, or in any manner that could give rise to civil and criminal liability.
To access and use portions of the Site or Services, we may require you to register for an account (“Account”) and select a password and username (“Cars & Bids User ID”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality and security of your Account, Cars & Bids User ID and password. In maintaining the confidentiality and security of your Account, you agree to:
By creating an Account, you represent that you are using your account for a lawful purpose – you may not use your Account or the Site, App or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You agree to post true and correct information, including vehicle descriptions, ownership, and other relevant listing details that a Buyer or Cars & Bids would rely upon in reviewing the listing. All materials uploaded are subject to applicable local, federal, state, and international laws.
Seller Representations Upon Account Creation or Submission
By creating an Account or submitting a vehicle listing (“Listing”), you represent and warrant that:
(a) You are the legal owner of the vehicle or have full right, power, and authority to list and sell the vehicle and intend to sell any listed vehicle.
(b) You are the copyright owner, or have the authorization of the copyright holder, of any images posted in support of your Listing.
(c) You have not included AI-generated images or used AI editing that alters or misrepresents the vehicle's condition, features, or appearance for the media provided to Cars & Bids
(d) You have read and understand the “Selling a Car” FAQ located here.
(e) You shall not omit or misrepresent any material fact about the Seller Car. All information you provide about the Vehicle — including its condition, history, and any known or reasonably discoverable defects, damage, or mechanical issues — is complete and accurate.
(f) You will closely review the listing draft prepared by Cars & Bids for accuracy and completeness. By approving a Listing, you confirm that all Seller Information in the Listing as approved is accurate and complete and omits no material fact about the Seller Car, and adopt the Listing as your own statement concerning the Seller Car. Cars & Bids may correct typographical or formatting errors in an approved Listing, and may add or correct information to reflect facts of which it becomes aware.
(g) A winning bid creates a binding obligation on you to sell the Seller Car to the winning Bidder at the winning bid amount and on the other terms of the auction, and to deliver good and marketable title, free of undisclosed liens or encumbrances. You will take all steps reasonably necessary to complete the sale promptly. You and the winning Bidder may – but are not obligated to – mutually agree in writing to modified terms; no such modification reduces, refunds, or offsets any fee already due or paid to Cars & Bids.
(h) You will keep your Seller Car listed exclusively on Cars & Bids for the duration of the auction. A Seller Car may not be listed on any other auction platform, dealership, listing service, or publication while actively listed on the Site, App, or otherwise on the Services.
(i) You will not withdraw a Seller Car from auction before the auction closes.
(j) You understand that we may archive the Listing in the future and you may be unable to remove images or comments on closed Listings.
(k) You remain responsible for the inclusion of potentially identifying information regarding the location of a vehicle in your Listing (e.g., street address, road or street signs, landmarks, or geolocation information) or individuals (people, children) that are depicted in photos or other submissions in support of a Listing. Any such information may be blurred or obscured by you prior to posting, if desired, but Cars & Bids accepts no responsibility for the failure to do so.
Buyer Representations Upon Account Creation or Registering to Bid
By creating an Account or registering to Bid on a vehicle, you represent and warrant that:
(a) You are of the age of majority in your jurisdiction and are legally able to enter into a contract to purchase the intended vehicle.
(b) You have authority to submit the credit card or other payment option to support your Bid.
(c) You have read and understand the “Buying a Car” FAQ located here.
(d) You will conduct your own evaluation and reasonable due diligence of any Seller Car before bidding.
(e) You will honor all winning Bids (winning Bids are binding on the winning Bidder).
(f) You understand that Buyer’s Fees to Cars & Bids are non-refundable.
(g) You will pay all applicable government fees and taxes.
(h) You understand that we may archive the Listing in the future and you may be unable to remove images or comments associated with your Bid on closed Listings.
We may, in our sole discretion, terminate your Account (or any part thereof), modify or remove Listings or Bids if they do not comply with these Terms, or pursue a claim against you for monetary damages (including but not limited to reputational harm to Cars & Bids, and where the violation involves failure to complete a sale after a winning bid or material misrepresentation, damages equal to the lost Buyer’s Fee), if you violate any of the terms of this Agreement. Cars & Bids will not be liable to you or any third party for any termination of your access to the Site or your Listings or Bids for cause or for suspected or actual abuse of these Terms. If your status as a user of this Site, App or Services is terminated, you will (i) stop using the Site, App, and Services, (ii) stop using any information obtained from the Site, App and Services, and (iii) destroy all copies of your Account information, password and any information obtained from this Site.
Registration and General Fees
Registration to use the Site is free. Certain features of the Site, App, or Services may require payment of fees. If you use any paid features, you agree to the fee terms set forth in this section, as amended from time to time, and any other disclosure provided at the time of the feature’s offer. Cars & Bids reserves the right to introduce fees for currently free features with advance notice. If you wish to continue using a feature after fees are introduced, you must pay all applicable fees. Please review the applicable fee schedule that is provided or linked in your transaction or elsewhere on this Site.
All fees and applicable taxes must be paid by the applicable due date and are non-refundable. Payments are processed through Stripe. By using the Services, you agree to Stripe's terms of service, available at https://stripe.com/legal, including any fees associated with payment processing.
Seller/Listing Fees
To list your car on Cars & Bids, you will pay Cars & Bids a Listing fee consistent with the fee structure shown upon submission. If you require additional services, such as professional photography, payment processing, shipping services, or other Seller services, we may require payment of a fee based on the Services selected. Please see our Selling a Car section for more information and FAQ. Some Sellers may be provided the option to complete the transaction by using a third party, SafePay, powered by KeySavvy – more information on SafePay is here. For any SafePay transactions, the KeySavvy Terms of Use apply.
Buyer Fees
If you are the winning Bidder for a car listed on Site, App or the Services, you will pay Cars & Bids a connection fee (a “Buyer’s Fee”) consistent with the fee structure displayed with each bid. Additional information regarding the minimum and maximum Buyer’s Fee will be provided. All Buyer’s Fees are non-refundable. Please see our Buyer Questions or our Buying A Car section for more information and FAQ.
If you place a bid on Site, App or the Services, we will place a hold on your credit card in an amount equal to the Buyer’s Fee. We will remove all such holds – except the hold on the winning Bidder’s credit card – after the auction is completed. The hold on the winning Bidder’s credit card will be charged as payment for the Buyer’s Fee immediately after the auction listing ends. Some Buyers may be provided the option to complete the transaction by using a third party, SafePay, powered by KeySavvy – more information on SafePay is here. For any SafePay transactions, the KeySavvy Terms of Use apply.
Cancellation Fees
Buyer’s fees are non-refundable.
In the event of Seller cancellations or failure to abide by the Seller Representations in a manner that results in the sale not completing, we reserve the right to charge a cancellation fee, equal to the Buyer’s Fee at the set reserve or, if there is no reserve, at the buyer’s fee at fair market value.
Seller Payments
Within ninety (90) days after the end of an auction, Seller must provide Cars & Bids with information we reasonably require in order to process any payments to Seller under the Services (including, without limitation, PayPal or bank account information and a current IRS Form W-9). If Seller fails to comply with the foregoing, Cars & Bids shall not be liable for, and Seller waives, any and all payment obligations then owed by Cars & Bids to Seller.
Additional Information
Please visit our “What Is Cars & Bids”, our FAQ, and “Sell a Car” pages for more information about our reserve sales and other product features.
Where an auction closes without a bid meeting the reserve, Cars & Bids may — but is not obligated to — present the Seller Car to one or more other Bidders or facilitate a renegotiated transaction (a "Post-Auction Sale"). A Post-Auction Sale is a new offer requiring the affirmative acceptance of both the Seller and the prospective buyer; neither party is obligated to accept. Upon acceptance: (i) the accepting buyer owes a Buyer's Fee calculated on the Post-Auction Sale price under the then-current fee schedule, and (ii) the binding obligations in these Terms apply to the Post-Auction Sale as if it were a winning bid.
For seven (7) days after an auction closes, we request that you abide by the exclusivity obligation in Seller Representations subsection (g) while Cars & Bids pursues a Post-Auction Sale, unless Cars & Bids notifies you earlier that it is not doing so.
Non-Performance
If a winning Bidder fails to complete the purchase, the Seller's obligation with respect to that Bidder is discharged.
We will not charge a Seller cancellation fee on account of a Bidder's non-performance unless we reasonably determine that the Seller contributed to it — for example, by misrepresenting the Seller Car, failing to deliver good and marketable title, or failing to cooperate in good faith. If both parties contributed, we may charge all or part of the fee.
Following a winning Bidder's non-performance, Cars & Bids may — but is not obligated to — present the Seller Car to one or more other Bidders or facilitate a renegotiated transaction (a "Post-Auction Sale"). A Post-Auction Sale is a new offer requiring the affirmative acceptance of both the Seller and the prospective buyer; neither party is obligated to accept. Upon acceptance: (i) the accepting buyer owes a Buyer's Fee calculated on the Post-Auction Sale price under the then-current fee schedule, and (ii) the binding obligations in these Terms apply to the Post-Auction Sale as if it were a winning bid. Buyer's Fees previously charged to a non-performing Bidder if applicable remain non-refundable and are not credited against fees owed on a Post-Auction Sale.
Cars & Bids is continuously improving the Site, App, and Services. Cars & Bids reserves the right to change, improve, add, modify, remove, or update the features and functionality of the Services, or how the Services are provided, at any time in its sole discretion. Cars & Bids may also suspend or discontinue any part of the Services or restrict access to all or part of the Services at any time, without notice.
From time to time, Cars & Bids may decide to modify, add, or delete portions of these Terms and will post those changes here. If Cars & Bids does so, your continued use of the Site, App or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site or App.
We offer a loyalty program called the Referral Program that offers special benefits to customers who choose to sign up and participate. Participation in our Referral Program is voluntary and requires your prior opt in consent, which you may revoke at any time.
Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Cars & Bids should be submitted securely, via a secure file transfer protocol (FTPS) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.
Unless specifically requested, Cars & Bids does not wish to receive confidential, proprietary, or trade secret information through the Site, App, or Services.
User Content and Responsibility
Anything you post, upload, share, store, submit, or otherwise provide through the Site, App, or Services, (including in our Cars & Bids Community forum), including information, photographs, graphics, audiovisual media, comments, reviews, and other material — is your "User Content." Some User Content may be viewable by other users. You are solely responsible for all User Content you contribute, and you represent and warrant that each item of User Content is: (i) accurate, complete, and up-to-date; (ii) compliant with all applicable laws, rules, and regulations; (iii) owned entirely by you and free of any third-party rights that would prevent you from granting Cars & Bids the rights set forth in these Terms; and (iv) not confidential, proprietary, or trade secret information belonging to any third party. You shall not use a false identity, email address, or otherwise mislead Cars & Bids or any third parties as to the origin of your User Content.
By submitting User Content, you grant Cars & Bids a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative and collective works from, distribute, perform, display, and sublicense (through multiple levels) your User Content in any media now known or hereafter invented, including for commercial purposes. This license includes the right to use your name, username, or profile in connection with any User Content you submit, including comments and reviews.
In addition to the rights applicable to any User Content, when you post comments or reviews in the Forum, on the Site or App, or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content.
Prohibited User Content
You agree not to provide User Content that:
Cars & Bids does not control the User Content, we do not guarantee the truthfulness, integrity, suitability, or quality of the User Content, and we do not endorse such User Content. We are not obligated to use your User Content and may delete, modify, reuse, move or remove any User Content at any time. We do not guarantee any confidentiality with respect to any User Content. Under no circumstances will Cars & Bids be liable in any way for User Content submitted by you or any third party.
The Site, App and Services contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site or App, Cars & Bids or its third-party licensors own all Content on this Site or App including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site or App are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Cars & Bids.
Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site or App unless and until Cars & Bids gives you notice that you must discontinue linking to the Site or App. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the Company name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Site or App. The use of Content from the Site or App on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Cars & Bids prior written approval.
For permission to use Content from the Site or App or from marketing material authored and distributed by Cars & Bids, you must request written permission in advance and provide full attribution. Permission should be requested by contacting [email protected].
Cars & Bids respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Cars & Bids will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Cars & Bids will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Cars & Bids Copyright Agent the following information:
DMCA Notice of Alleged Infringement (“Notice”)
Copyright Agent
Cars and Bids, LLC
4075 Park Blvd
Basement Garage
San Diego, CA 92103
While Cars & Bids consider all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
You agree to defend, indemnify, and hold harmless Cars & Bids, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site, App or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable), use of the Site or App, or any other use of the Site, App or the Services using your computer, mobile device, or account credentials. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Cars & Bids DOES NOT DIRECTLY OFFER ANY SELLER CARS. Cars & Bids EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SELLER CARS, INCLUDING ANY WARRANTY OR CONDITION OF QUALITY OR FITNESS, OR COMPLIANCE WITH ANY APPLICABLE LAW, REGULATION, OR CODE. Cars & Bids DOES NOT SUPERVISE, DIRECT, CONTROL, OR MONITOR ANY SELLER CAR, OR ANY TRANSACTION BETWEEN A BIDDER AND SELLER, NOR DOES CARS & BIDS INSPECT, AUTHENTICATE, OR CERTIFY ANY SELLER CAR, NOTWITHSTANDING THAT CARS & BIDS MAY PREPARE OR CURATE LISTING CONTENT.
YOUR USE OF THE SITE, APP, AND SERVICES IS AT YOUR OWN RISK. THE SITE, APP, SERVICES, AND ALL CONTENT PROVIDED BY CARS & BIDS ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. Cars & Bids DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, APP, OR SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS, OR CURRENCY OF ANY INFORMATION OR CONTENT; (5) WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE Cars & Bids PARTIES OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. Cars & Bids DOES NOT WARRANT THAT THE SITE, APP, OR SERVICES WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, OR ERROR-FREE, OR THAT THE SITE, APP, OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS DO NOT APPLY TO YOU, ALL REMAINING EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL CARS & BIDS (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR APP) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE, APP OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF CARS & BIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CARS & BIDS’ AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE APP, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO CARS & BIDS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CARS & BIDS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARS & BIDS DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE OR APP, YOUR SOLE REMEDY IS TO STOP USING THE SITE OR APP.
You hereby release the Cars & Bids from all liability related to your acquisition or non-acquisition of any content or information through the Site, the App, and Services. All information and content accessed through the Services is accessed at your own risk.
If you have a dispute with (i) us, (ii) another user of the Site, App or the Services, or (iii) a third party in connection with the Site, App or the Services, you release Cars & Bids (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) 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.
You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
If there is a dispute between users of this site or Services, or between users and any third party, you agree that Cars & Bids is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Cars & Bids, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, APP OR SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You may terminate your account at any time by contacting us at [email protected] or by discontinuing your use of the Site, App, and Services. Please refer to our Privacy Policy to understand how we treat your information following termination.
Cars & Bids reserves the right, in its sole discretion, to restrict, suspend, or terminate your account or access to all or any part of the Site, App, or Services at any time, for any reason, without prior notice or liability, including for breach of these Terms. Cars & Bids has the sole right to determine whether you are in violation of these Terms. For example, a Bidder who believes a Seller is in breach of these Terms does not have the right to enforce these Terms against that Seller directly. Cars & Bids also reserves the right to cease providing the Site, App, or Services entirely at any time.
Please note that terminating your account may result in destruction of any content and data associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that by their nature should survive termination of these Terms will do so, including without limitation: any payment or indemnification obligations, limitations on liability, intellectual property and ownership terms, and any dispute resolution provisions including the arbitration agreement.
If any provision of these Terms (including the dispute resolution provision) is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.
These Terms will be governed by the Federal Arbitration Act, applicable federal laws and the laws of the State of California, as applicable, without regard to any conflict of laws principles. By using the Site or App, you waive any claims that may arise under the laws of other countries or territories.
ARBITRATION NOTICE: These Terms require binding individual arbitration of certain disputes, including privacy-related claims arising from your access to or use of this Site, and waive the right to participate in class actions or jury trials. You may opt out of this arbitration agreement by providing written notice to Cars & Bids within thirty (30) days of your first acceptance of these Terms. Your opt-out notice must be sent to [email protected] and must include your name, contact information, account information and a clear statement that you wish to opt out of arbitration.
With respect to any and all disputes arising out of or in connection with the Site, Services, or these Terms (including, without limitation, claims arising from or relating to website tracking technologies, analytics tools, pixels, session replay, cookies, communications, or data collection practices), Cars & Bids and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. You must provide a written demand and identify the dispute and the resolution you are seeking. If you and Cars & Bids do not resolve any dispute by informal negotiation within 60 days of your written notice, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in San Diego, California. Participation in mediation is a condition precedent to arbitration; however, failure to complete mediation shall not waive either party’s right to arbitrate.
If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in San Diego, California. The arbitration may be conducted in person or remotely. The seat of arbitration shall be San Diego, California, regardless of whether the hearing is conducted remotely. Each party shall bear its own costs and expenses associated with arbitration, including attorneys’ fees and arbitration fees. Payment of all filing, administration and arbitrator fees will be governed by the applicable rules of the arbitration provider and applicable law. To the extent required by law, Cars & Bids will pay those fees necessary to ensure that arbitration is accessible to consumers. The arbitrator shall have authority to award fees and costs as permitted by applicable law. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and Cars & Bids understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Judgment on the arbitrator’s award may be entered, and the award may be enforced, in any state or federal court located in San Diego, California having jurisdiction.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Cars & Bids will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. If the class action waiver is found to be unenforceable as to a particular claim, then that claim shall be severed and proceed in court, and the remaining claims shall be arbitrated on an individual basis.
Administrative Coordination of Related Individual Arbitrations. Notwithstanding the class-action waiver above, if multiple individual arbitration demands are filed that involve materially similar or overlapping facts or legal issues and are submitted by the same counsel or coordinated counsel, either party may request that JAMS or the arbitrator implement administrative coordination procedures to promote efficiency. Such procedures may include: (1) assignment of related matters to the same arbitrator; (2) coordinated or consolidated scheduling, discovery, or motion practice; (3) joint resolution of common issues of law or fact; and (4) any other procedures permitted under California law and the JAMS Rules that reduce duplication while preserving the individual nature of each claim.
Bellwether Process. If ten (10) or more similar arbitration demands are filed by the same counsel or coordinated counsel, the arbitrator may direct that a reasonable number of individual cases proceed first as bellwether matters, with the remaining cases stayed pending those outcomes and any associated filing or administrative fees deferred until the stay is lifted.
These procedures are solely for administrative efficiency and do not authorize class, collective, representative, or aggregated proceedings; each claim must remain an individual arbitration.
No arbitration may be conducted as a class, collective, representative, or aggregated proceeding, and no arbitration will be combined with another for purposes of adjudicating the merits of multiple claims together without the prior written consent of all parties. For clarity, this does not restrict the administrative coordination procedures described above.
To the extent permitted by law, any claim or dispute under this agreement must be filed within one (1) year in an arbitration proceeding, regardless of any statute or law to the contrary. The limitation period shall be tolled during any required informal negotiation or mediation process. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
You agree that Cars & Bids is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Cars & Bids understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in San Diego, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Cars & Bids may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms.
Nothing in this Agreement constitutes a partnership or joint venture between you and Cars & Bids.
Cars & Bids’ 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.
These Terms set forth the entire understanding and agreement between you and Cars & Bids with respect to the subject matter hereof.
The following sections survive any termination or expiration of this Agreement: Connecting Car Sellers and Bidders in a Marketplace; Privacy Policy; Additional Terms and Conditions; Consent to Electronic Communications; Mobile Messaging and SMS Terms; Prohibited Conduct; Account Creation and Use; Fees and Payments; Changes to the Site, App, Services or Terms; Submitted Materials; Intellectual Property; Indemnification; Disclaimers; Limitation of Liabilities; Release; Statute of Limitations; Severability; Applicable Law; Dispute Resolution; Class Action and Jury Trial Waiver; and General. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.
We are committed to making the website’s content accessible for all. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us at [email protected] with “Website Access” in the subject line and provide a description of the feature you feel is not fully accessible or give us a suggestion for improvement. We take all such feedback seriously and will consider it as we evaluate ways to accommodate all our customers.
Under California Civil Code Section 1789.3, California users of the Cars & Bids services are entitled to the following specific consumer rights notice:
The name, address, and telephone number of the provider of the service is listed below in our Contact Us section. We do not charge you for the use of our website. If you have a question or complaint regarding our Services, please contact us directly using the information below.
If we fail to resolve your complaint, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Cars & Bids may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Cars & Bids agree there are no third-party beneficiaries intended under these Terms.
If you have questions about these Terms or the Services, you may contact us as follows:
Cars and Bids, LLC
4075 Park Blvd
Basement Garage
San Diego, CA 92103
Email: [email protected]
Phone: (619) 568-2277