User Agreement

This User Agreement, the Privacy Notice, and all policies posted on our sites set out the terms on which Auction Simplified offers you access to and use of our sites, services, applications and tools (collectively "Services").  All policies and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.

The entity you are contracting with is Auction Simplified LLC, 4300 Seneca Street #732 West Seneca, NY 14224  if you reside in the United States. At this time Auction Simplified is not operating in any other countries.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

About Auction Simplified

Auction Simplified and its product Auction Simplified is a marketplace that allows users to offer, sell and buy motor vehicles in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Auction Simplified is not a traditional auctioneer.  

While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Auction Simplified has no control over and does not guarantee the existence, quality, safety or legality of vehicles advertised; the truth or accuracy of users' content or listings; the ability of sellers to list a  vehicle; the ability of buyers to pay for a vehicles; or that a buyer or seller will actually complete a transaction or return the vehicle.

Policy Enforcement

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

Fees

The fees we charge for using our Services are listed on our Standard Fees page. We may change our fees from time to time by posting the changes on the Auction Simplified and Auction Simplified site 14 days in advance, but no advance notice is required for temporary promotions. Selling dealer collects the fees at time of vehicle delivery. Selling dealers will be billed monthly for the fees on completed transaction and prompt payment to Auction Simplified, LLC is required to continue using the Auction Simplified Platform.

Using Auction Simplified

In connection with using or accessing the Services you will not:

• breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;

• use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

• fail to pay for vehicles purchased by you, unless you have a valid reason as set out in an Auction Simplified policy, for example, the seller has materially changed the motor vehicle’s description after you bid, a clear typographical error is made, or you cannot contact the seller;

• fail to deliver motor vehicles sold by you, unless you have a valid reason as set out in an Auction Simplified policy, for example, the buyer fails to follow the posted terms or you cannot contact the buyer;

• manipulate the price of any item or interfere with any other user's listings;

• post false, inaccurate, misleading, defamatory, or libelous content;

• take any action that may undermine the feedback or ratings systems (see about our Feedback policies);

• transfer your Auction Simplified account (including Feedback) and user ID to another party 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 Auction Simplified, or the interests or property of users;

• use any robot, spider, scraper or other automated means to access our Services for any purpose;

• interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

• reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Auction Simplified, or that comes from the Services and belongs to another Auction Simplified user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Auction Simplified and/or any other party holding the right to license such use;

• commercialize any Auction Simplified application or any information or software associated with such application;

• harvest or otherwise collect information about users without their consent; or

• circumvent any technical measures we use to provide the Services.

If we discover or believe that you are abusing Auction Simplified Services in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

Auction listing or Buy Me Now Listing Conditions

• When listing an motor vehicle, you agree to comply with rules for listing and Selling Practices policy and that:

• You are responsible for the accuracy and content of the listing and motor vehicle offered.

• Auction Simplified can't guarantee exact listing durations.

• Content that violates any of Auction Simplified's policies may be deleted at Auction Simplified's discretion.

We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

• buyer's location, search query, browsing site, and history;

• the motor vehicle’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

• seller's history, seller ratings, sellers feedback, and defect rate; and

• number of listings matching the buyer's query.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. Auction Simplified's Duplicate Listing Policy may also affect whether your listing appears in search results.

Purchase Conditions

• When buying an motor vehicle through Auction Simplified, you agree to the rules for buyers and that:

• You are responsible for reading the full listing before making a bid or commitment to buy.

• You enter into a legally binding contract to purchase a motor vehicle when you commit to buy a motor vehicle or if you have the winning bid (or your bid is otherwise accepted).

• A bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's motor vehicle.

• We do not transfer legal ownership of motor vehicles from the seller to the buyer.

Content

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

We may offer vehicle data including stock images, descriptions and motor vehicle specifications that are provided by third-parties (including users). You may use catalog content solely in connection with your Auction Simplified listings. That permission is subject to modification or revocation at any time at Auction Simplified's sole discretion.

While we try to offer reliable data, we cannot promise that the vehicle data will always be accurate and up-to-date, and you agree that you will not hold our vehicle data providers or Auction Simplified responsible for inaccuracies in the vehicle data. The vehicle data may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the vehicle data or create any derivative works based on vehicle data content (other than by including them in your listings).

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. Auction Simplified's Verified Rights Owner (VeRO) program works to ensure that listed vehicles do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our us support@dealersimplified.com and we will investigate.

Authorization to Contact You

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the Auction Simplified corporate family and/or our affiliates, for their use. Members of the Auction Simplified corporate family and/or our affiliates will only contact you using auto dialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services.

You agree to receive calls,  from Auction Simplified at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our User Privacy Notice, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

• To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law

• To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My Auction Simplified.

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using auto dialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

Disclaimer of Warranties; Limitation of Liability Auction Simplified

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Auction Simplified's applications may not occur in real time. Such functionality is subject to delays beyond Auction Simplified's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

• your use of or your inability to use our Services;

• pricing, or other guidance provided by Auction Simplified;

• delays or disruptions in our Services;

• viruses or other malicious software obtained by accessing, or linking to, our Services;

• glitches, bugs, errors, or inaccuracies of any kind in our Services;

• your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

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 fee on Auction Simplified

Governing Law; Venue:

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York applicable to agreements made and to be performed in such state. Each party hereby consents and agrees that the state or federal courts located in the county of Erie, state of New York shall have exclusive jurisdiction to hear and determine any and all claims or disputes between or among the parties pertaining to this Agreement or to any matter arising out of or relating to this Agreement; provided, however, that nothing in this Agreement shall be deemed or operate to preclude Auction Simplified, LLC from bringing suit or taking other legal action in any other jurisdiction, or to enforce a judgment or other court order in favor of Auction Simplified, LLC. Each party expressly submits and consents in advance to such jurisdiction in any action or suit commenced in any such court, and each party hereby waives any objection that such party may have based upon lack of personal jurisdiction, improper venue or forum non conveniens and hereby consents to the granting of such legal or equitable relief as is deemed appropriate by such court. Each party hereby waives personal service of the summons, complaint and other process issued in any such action or suit and agrees that service of such summons, complaints and other process may be made by overnight courier or delivery service addressed to such party at the address set forth above for completed upon such party’s actual receipt thereof.