Effective Date: 2025-08-25
Welcome to the BidACar platform. These Terms of Agreement ("Terms") govern your access to and use of the BidACar platform, services, and website (collectively, the "Platform"). By registering for, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
BidACar, LLC ("BidACar," "we," "us," or "our") is a technology platform that facilitates connections between automotive dealers. These Terms establish the legal relationship between BidACar and the dealers who use our Platform.
2.1 "Platform" refers to BidACar's technology infrastructure, website, applications, and services that facilitate connections between automotive dealers.
2.2 "Dealer" refers to any automotive dealership or business entity that registers for and uses the Platform.
2.3 "User" refers to any individual who accesses the Platform on behalf of a Dealer.
2.4 "Seller" refers to a Dealer who lists and sells vehicles through the Platform.
2.5 "Buyer" refers to a Dealer who purchases vehicles through the Platform.
2.6 "Listing" refers to a vehicle offered for sale on the Platform by a Seller.
2.7 "Transaction" refers to the sale and purchase of a vehicle between a Seller and a Buyer.
2.8 "Content" refers to all information, data, text, photographs, graphics, messages, or other materials submitted, posted, or displayed on the Platform.
BidACar is a technology platform that facilitates connections between automotive dealers. BidACar is not a party to any transaction between dealers and does not buy, sell, or take possession of any vehicles or titles. The Platform provides tools and services to facilitate dealer-to-dealer transactions, but all transactions occur directly between Dealers.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. BidACar is neither an agent of either Buyer or Seller, nor a broker, dealer, or auctioneer. BidACar has no control over and does not guarantee the quality, safety, or legality of vehicles advertised, the truth or accuracy of Listings, the ability of Sellers to sell vehicles, or the ability of Buyers to pay for vehicles.
The sales contract is exclusively between the Buyer and Seller. BidACar is not a party to this contract. All terms of sale, including but not limited to price, delivery, warranties, and condition, are negotiated directly between Buyer and Seller.
BidACar makes no representations or guarantees regarding any vehicle sold or offered for sale through the Platform. All representations regarding vehicle condition, history, and quality are made solely by the Seller. BidACar does not inspect, verify, warrant, or guarantee vehicles, vehicle condition, or Listings.
To use the Platform, you must:
BidACar may require verification of your dealership status, including but not limited to:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
A Dealer may authorize multiple Users to access its account. The Dealer is responsible for all actions taken by its authorized Users and must ensure that all Users comply with these Terms.
BidACar reserves the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms. You may terminate your account at any time by contacting BidACar, subject to the completion of any pending Transactions.
Sellers must provide accurate and complete information about vehicles listed on the Platform, including but not limited to:
The following may not be listed on the Platform:
By listing a vehicle on the Platform, Seller represents and warrants that:
BidACar reserves the right to remove any Listing at any time for any reason, including but not limited to violation of these Terms, inaccurate information, or suspected fraudulent activity.
BidACar may integrate with Dealer inventory management systems to facilitate Listings. The dealer is responsible for ensuring the accuracy of information transferred through such integrations.
Buyers are responsible for:
All bids, offers, and acceptances made through the Platform are legally binding. By placing a bid or making an offer, Buyer agrees to complete the Transaction if the bid or offer is accepted.
By bidding on or purchasing a vehicle through the Platform, Buyer represents and warrants that:
Buyers have the option to:
The Platform facilitates the following aspects of Transactions:
Unless otherwise agreed between Buyer and Seller:
Seller is responsible for providing a clear title to Buyer within 30 calendar days of Transaction completion, unless otherwise agreed between the parties.
Unless otherwise agreed between Buyer and Seller:
BidACar charges fees for the use of the Platform according to the current fee schedule, which may be updated from time to time. Fees may include:
All fees are non-refundable. Updated fees will apply to transactions initiated after the effective date of the revised schedule.
Dealers are responsible for all applicable taxes related to Transactions, including but not limited to sales tax, use tax, and income tax. BidACar does not provide tax advice and recommends that Dealers consult with tax professionals.
Buyers and Sellers must first attempt to resolve any disputes directly between themselves.
If direct resolution is unsuccessful, disputes regarding vehicle condition, representations, or other Transaction-related issues may be subject to arbitration according to the BidACar Arbitration Policy, which is incorporated into these Terms by reference.
BidACar's role in dispute resolution is limited to:
BidACar is not responsible for:
The Platform, including all content, features, and functionality, is owned by BidACar and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Platform without BidACar's prior written consent.
BidACar grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for the purpose of facilitating dealer-to-dealer vehicle transactions in accordance with these Terms.
By submitting Content to the Platform, you grant BidACar a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display such Content in connection with providing and promoting the Platform.
Any feedback, suggestions, ideas, or other information you provide to BidACar regarding the Platform may be used by BidACar without restriction or compensation.
Your use of the Platform is subject to the BidACar Privacy Policy, which is incorporated into these Terms by reference.
BidACar collects and uses data in accordance with its Privacy Policy. This may include:
BidACar implements reasonable security measures to protect data, but cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.
The Platform may integrate with third-party services. Your use of such services is subject to the terms and privacy policies of those third parties.
You may not:
You may not:
You may not use the Platform to identify potential buyers or sellers and then complete transactions outside the Platform to avoid fees. You will be charged full fees and forfeit your membership to the Bidacar portal.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BIDACAR DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BIDACAR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY VEHICLE LISTED OR SOLD THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE VEHICLE'S CONDITION, HISTORY, TITLE STATUS, OR VALUE. ALL VEHICLES ARE SOLD "AS IS" AND "WITH ALL FAULTS" BY THE SELLER, NOT BY BIDACAR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDACAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDACAR'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO BIDACAR IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless BidACar and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
BidACar reserves the right to modify these Terms at any time. We will provide notice of significant changes through the Platform or by sending an email to the address associated with your account.
Modifications will become effective 30 days after they are posted, unless otherwise specified. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms.
You may terminate your account at any time by contacting BidACar, subject to the completion of any pending Transactions.
BidACar may terminate or suspend your account and access to the Platform at any time for any reason, including but not limited to violation of these Terms, without prior notice or liability.
Upon termination:
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.
Any dispute arising from these Terms or your use of the Platform shall be resolved by binding arbitration in accordance with the Revised Code of Washington Chapter 7.04A. The arbitration shall take place in King County, Washington.
YOU AND BIDACAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
BidACar's failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.
You may not assign these Terms or any rights or obligations hereunder without BidACar's prior written consent. BidACar may assign these Terms without restriction.
These Terms, together with the Arbitration Policy and Privacy Policy, constitute the entire agreement between you and BidACar regarding your use of the Platform.
Questions or comments about these Terms should be directed to:
BidACar, LLC
721 4th Ave
Box 2633
Kirkland, WA 98033
425-522-4628
By registering for, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
Effective Date: 2025-08-25
BidACar is committed to providing a technology-driven inventory management platform that facilitates efficient dealer-to-dealer vehicle transactions. This Arbitration Policy outlines the guidelines and procedures for resolving disputes between dealers regarding vehicles transacted through our platform. By registering with BidACar and using our services, all dealers agree to abide by this Arbitration Policy.
BidACar is a technology platform that facilitates connections between automotive dealers. BidACar is not a party to any transaction between dealers and does not buy, sell, or take possession of any vehicles or titles. The Platform provides tools and services to facilitate dealer-to-dealer transactions, but all transactions occur directly between dealers.
2.1 Platform: BidACar and its technology infrastructure that facilitates connections between automotive dealers.
2.2 Seller: The dealer listing and selling a vehicle through the BidACar platform.
2.3 Buyer: The dealer purchasing a vehicle through the BidACar platform.
2.4 Transaction: The sale and purchase of a vehicle between a Seller and a Buyer.
2.5 Arbitration: The formal process for resolving disputes between Buyers and Sellers regarding vehicle condition, representations, or other transaction-related issues.
2.6 Frontline Vehicle: A vehicle that meets industry standards for retail-ready condition as defined by the Seller.
BidACar is a technology platform that facilitates connections between automotive dealers. BidACar is not a party to any transaction between dealers and does not buy, sell, or take possession of any vehicles or titles.
BidACar makes no representations or guarantees on any vehicle sold or offered for sale through the platform. All representations regarding vehicle condition, history, and quality are made solely by the Seller.
The sales contract is exclusively between the Buyer and Seller. BidACar is not a party to this contract.
BidACar provides technology services to process transactions between dealers, but this does not constitute involvement in the transaction itself.
Sellers are solely responsible for all representations made about vehicles listed on the platform, including but not limited to:
Sellers must disclose all known material facts about the vehicle, including:
Sellers are responsible for inspecting vehicles prior to listing and accurately representing their condition.
Sellers must maintain and provide upon request all documentation supporting their vehicle representations.
Sellers are responsible for delivering clear title to the Buyer within the timeframe specified in the transaction.
Buyers are responsible for conducting appropriate due diligence before purchasing a vehicle, including:
Buyers have the option to:
Buyers must notify Sellers of any potential arbitration claims within the timeframes specified in this policy.
Buyers must provide documentation supporting any arbitration claim, including inspection reports, photographs, and repair estimates.
The following issues may be subject to arbitration between Buyer and Seller:
The following issues are not eligible for arbitration:
To qualify for arbitration, the estimated repair cost for the undisclosed issue must exceed $700 for vehicles sold for more than $10,000, or $1,000 for vehicles sold for less than $10,000. Vehicles with over 100k miles must be inspected. If buyer refuses inspection only Frame and driveline will be garenteteed.
For vehicles inspected in person by the Buyer prior to purchase, arbitration claims must be submitted within 2 business days of the sale.
For vehicles purchased online without physical inspection by the Buyer, arbitration claims must be submitted within 7 calendar days of the Buyer receiving the vehicle.
Arbitration for title issues must be initiated within 30 calendar days of the sale.
For issues that could not reasonably be discovered within the standard timeframes (e.g., title brands, odometer discrepancies), arbitration claims must be submitted within 7 calendar days of discovery, but no later than 90 days from the date of sale.
The arbitration period begins when the Buyer receives the vehicle, not when the transaction is completed.
Buyers must first attempt to resolve the dispute directly with the Seller before initiating formal arbitration.
If direct resolution is unsuccessful, the Buyer may initiate arbitration by:
The Seller will be notified of the arbitration claim and must respond within 3 business days with:
All arbitration claims must be supported by:
If the Buyer and Seller cannot reach agreement, either party may request BidACar to provide optional mediation services.
If mediation is requested:
In cases where the facts are disputed, BidACar may suggest an independent inspection by a mutually agreed-upon third party. The cost of this inspection will initially be paid by the requesting party and ultimately assigned according to the outcome.
If the parties cannot reach agreement through mediation, they may:
Depending on the nature and severity of the issue, potential resolutions may include:
If a transaction is unwound due to a valid arbitration claim, the Seller is responsible for reasonable transportation costs incurred by the Buyer.
For valid arbitration claims resulting in repairs:
The following maximum adjustments apply to specific issues:
BidACar's role in arbitration is limited to:
BidACar is not responsible for:
BidACar may, at its sole discretion, offer optional mediation services to facilitate resolution between dealers. Any mediation provided by BidACar does not constitute acceptance of liability or responsibility for the dispute outcome.
BidACar reserves the right to:
BidACar maintains records of arbitration claims and outcomes to identify patterns.
Sellers' arbitration history may affect their platform rating and visibility.
Sellers with excessive valid arbitration claims may face:
Buyers who submit excessive frivolous arbitration claims may face:
BidACar reserves the right to modify this Arbitration Policy at any time.
Dealers will be notified of policy changes via email and platform announcements.
Policy changes will take effect 30 days after notification unless otherwise specified.
The Arbitration Policy in effect at the time of vehicle listing will govern any subsequent transaction of that vehicle.
By using the BidACar platform, all dealers acknowledge that they have read, understood, and agree to abide by this Arbitration Policy. Dealers recognize that BidACar is a technology platform facilitating dealer-to-dealer transactions and not a party to any vehicle sale or purchase.