Terms and conditions:
This is the PowerBidding.com website (“website” or “site”) owned by Powerbidding, LLC (“Company,” “Powerbidding”, “we,” or “us”). This page explains the terms by which you may use the Company Site and our online and/or mobile services, and software provided on or in connection with the service (collectively, the “Service”), including by (i) submitting bids for the purchase of vehicles posted for auction by the Company as a “Buyer” and (ii) submitting a vehicle description and any other related information in connection with the listing of a vehicle for sale on the Company Site as a “Seller.” By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (these “Terms”), to the collection and use of your information as set forth in the Bring a Trailer Privacy Policy (link), each of which are hereby incorporated by reference. These Terms apply to all Buyers, Sellers, visitors, users, and others who register for or otherwise access the Service (“Users”).
Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference. This User Agreement does not apply to websites, apps, destinations, or other offerings that we do not own or control, even if they are linked to from the Service.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- Use of Our Service
- Eligibility
- Company Service
- Company Accounts
- Service Rules
- Accessing the Website and Account Security
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
- Seller Content
- Bidding and Auction
- Our Proprietary Rights
- Payment Terms
- Fees. Certain aspects of the Service require fees paid to the Company, including with respect to the initial deposit made by Buyers in connection with a bid, certain Buyer’s fees, and Seller listing fees. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Company may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. The prices listed by Sellers on Powerbidding exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. All amounts listed on the website are in U.S. dollars.
- No Refunds. You may cancel your Company account at any time; however, there are no refunds for or in connection with cancellation; provided, that Seller’s fees may be refundable solely prior to a Seller’s listing being assembled. In the event that Company suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund, including in any content or data associated with your account or for anything else.
- Payment Information; Taxes. All payments made by you to the Company shall be facilitated through Stripe, Inc. or Paypal, Powerbidding’s third party payment processing services. Stripe’s terms of service can be found at https://stripe.com/us/terms, Paypal’s terms can be found at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full?locale.x=en_US . All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Privacy
- Security
- Copyright Complaints
- Third-Party Links and Information
- Indemnity
- No Warranty
- Limitation of Liability
- Governing Law, Arbitration, and Class Action/Jury Trial Waiver
- Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Kansas. These Terms shall be governed by the internal substantive laws of the State of Kansas, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Johnson County, Kansas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Johnson County, Kansas is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
- Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Company. For any dispute with Company, you agree to first contact us at [email protected]m and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Johnson County, Kansas, unless you and Company agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees pursuant to and in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses; provided, that if you are an individual, you may apply for and successfully obtain a fee waiver from JAMS; and you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
- Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- General
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Text Notification. As a part of the Service, at your election Company may send you text notification messages. BY SIGNING UP FOR THE SERVICE AS A BUYER OR A SELLER, YOU HEREBY AGREE AND CONSENT TO RECEIVE TEXT MESSAGES FROM US AND YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY AUTHORITY AND CONSENTS TO RECEIVE SUCH TEXT MESSAGES. To permanently cease receiving text messages from us, text #STOP to .
- Notification Procedures and Changes to these Terms. Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
- Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
- No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Expiration of Claims. Any claim or cause of action you may have with respect to Company or the Service must be commenced within six (6) months after the claim or cause of action arose.
- Contact. Please contact us at [email protected] with any questions regarding these Terms.