User Agreement and Privacy Policy

Effective Date: July 22, 2024

Last Revised and Effective: July 22, 2024
I. Introduction
Please read these terms carefully.By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.
BidWizer, Inc. operates the website: https://BidWizer.com/ and its computer Platform: BidWizer’s Consumer retail platform. By using BidWizer’s online platform(s), Consumer and Dealer agree to all Terms and Conditions stated herein.
The BidWizer.com, auction up, and dealer’s bid website(s) (“Site” or “Sites”) and computer platforms and systems, including the Dealer’s Bid and Auction Up platforms Users have access to, is/are operated by BidWizer, Inc. (“BidWizer,” "we," "us," or "our"). This User Agreement and Privacy Policy governs each website, platform, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a "Service") provided by any wholly or partly owned subsidiary or affiliate of BidWizer that links to this User Agreement and Privacy Policy, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, "you" or "your"). If you apply to obtain a financial product or service from or through us, information we gather about you in connection with your application, loan, or other financial product or service is also subject to our Financial Privacy Policy.
Please read this User Agreement and Privacy Policy carefully. You can access this User Agreement and Privacy Policy any time in the footer of the Service's home page or initial screen. Your access, visitation, and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to this User Agreement and Privacy Policy. If you do not agree with the terms and conditions of this User Agreement and Privacy Policy, you may not access, visit and/or use the Service.
This User Agreement and Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the User Agreement and Privacy Policy. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to users of the Service (collectively, the "Agreement"), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations, enforce the Agreement, and/or remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement and Privacy Policy and the terms of the Financial Privacy Policy, the terms of the Financial Privacy Policy shall control. In the event of any other conflict between the terms and conditions of this User Agreement and Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Service or otherwise communicated to users of the Service, the terms of this User Agreement and Privacy Policy shall control.
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, "Content") available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, you, other users, and/or service providers.
II. Monitoring and complaints about the service and the content
A. Monitoring
We strive to provide an enjoyable online experience for our users, so we may monitor activity and Content on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. We do not make any representations, warranties, or guarantees that: (1) the Service or Content, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement.
B. What to Do if You Have a Complaint About the Service or the Content
If you have a legitimate complaint about the Service or the Content, please do the following:Copyright Complaints: If you have reason to believe that your content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination, or service that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section titled “Copyright Complaints.”
CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).
III. Registration and account/profile creation
A.
We may at times require that you register and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, or other personally identifiable information. Other information such as your age, gender, an avatar, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your "Registration Information," or other similar phrase. We may collect, use, and/or share your Registration Information as described in our Privacy Policy.
B.
You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service, please notify us as described in our Privacy Policy.
WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
C.
We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using, or other Registration Information, or otherwise change the access means or methods for portions of the Service, the Service as a whole, or certain products and/or services.
D.
You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service by use of your account/profile and/or Registration Information, except as permitted by law. You may not access and/or use anyone else's Registration Information, or access, visit, and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent, or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
E.
You are solely responsible for all access or visitation to, usage of, and/or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile, or other device on which your account/profile resides or is accessible. You acknowledge and specifically authorize that we may process transactions, including without limitation purchases and/or registration for additional merchandise, products, and/or services, including without limitation Content, that are initiated by use of your Registration Information.
F.
If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify us as described in our Privacy Policy.
IV. User-created content
A. Our Service may allow you and/or other users to create, post, store, and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and BidWizer.
You grant BidWizer a perpetual, irrevocable, nonexclusive, unrestricted, unconditional, unlimited, royalty-free, worldwide, fully paid, cost-free, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, display, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the Service does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us - regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, we do not assume any obligation of any kind to you or any third-party with respect to your User Content. As your User Content will be public, do not include any personal information (including but not limited to pictures of yourself or others) in any User Content you post.
You may not create, post, store, or share any User Content that violates this User Agreement or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such User Content as permitted by this User Agreement, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Is, in BidWizer's judgment, disrespectful, inappropriate, or may expose BidWizer, our users, or others to discomfort, harm, or liability;
May infringe the patent, trademark, trade secret, copyright, intellectual, privacy, or proprietary right of any party;
Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
Includes any incorrect or inaccurate statements or claims, or statements or claims that do not reflect your honest views and experiences;
Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
Contains any private information of you or any third parties, including addresses, phone numbers, and payment card information; or
Contain viruses, corrupted data, or other harmful, disruptive, or destructive files.
BidWizer assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although BidWizer has no obligation to screen, edit, or monitor User Content, we may edit, delete, or remove User Content at any time and for any reason, with or without notice.
B. Any California residents under the age of eighteen (18) who have registered to use our Service, and who have publicly posted content or information on our Service, can request that their posting (but not third-party posts) be removed from public view on our Service by contacting us (https://www.___________.com/help/) and making such a request, confirming that they personally posted such User Content or information and detailing where the User Content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
C. Dealers Bid Platform:
BidWizer’s Retail Portal (“Dealers Bid”) allows Consumers to buy and lease new vehicles or buy used vehicles from licensed Dealers competing for the Consumers’ business in an automated, real-time automated, competitive, computer-based reverse auction in which Dealers bid against each other for the sale or lease of a motor vehicle to retail consumers who, through the platform, have configured a motor vehicle, and electronically requested Dealers who have the motor vehicle in their inventory, or have access to the configured motor vehicle from another Dealer’s inventory, to bid against each other for the sale or lease of the vehicle. The reverse auction process typically takes minutes to complete. The Service also remotely brings together Consumers and third-party providers of products and services such as financing, automobile insurance, GAP insurance, vehicle warranties, vehicle parts and apparel.
For all such services related to Dealer’s Bid, BidWizer is not an automobile broker or dealer or a provider of any of the aforesaid third-party products and services, and does not sell, exchange, buy, or offer for sale, negotiate, and/or attempt to negotiate, a sale or exchange of any interest in any vehicle or third-party product or service listed on any of its sites, including Dealer’s Bid. BidWizer does not sell third-party products and services, and does not sell or lease vehicles directly. Accordingly, BidWizer does not guarantee or ensure any vehicles or third-party products and services, or any transaction between a User and a Dealer or a provider of third-party products and services, and does not warehouse, store, ship, or deliver any vehicles or products. BidWizer makes no representations or guarantees concerning the condition or fitness for a particular purpose of any motor vehicle sold, leased or offered for sale or lease through BidWizer’s online platform(s). Moreover, Consumer recognizes that a motor vehicle is a dangerous instrumentality and that operating a motor vehicle is inherently dangerous. BidWizer is not a party to the contract for the sale or lease. The sale or lease contract is solely between the Dealer and Consumer only.
In order to make a fully informed and educated decision prior to purchasing or leasing a motor vehicle, the Consumer may wish to gather data and information concerning the motor vehicle, which information and data is, or may be, available through public and private sources, including information provided by the Dealer on BidWizer’s online platform(s). Consumer understands that any and all information provided on BidWizer’s site(s) by a Dealer is generated, produced and posted by the Dealer only, and that BidWizer makes no representations, warranties, guarantees or assurances concerning any such information, including the accuracy of such information. Any services, guidance, and/or assistance provided by BidWizer to buyers/lessees, Dealers, and third-party providers of products and services, is solely informational and for their convenience. Guidelines offered are not requirements to buy, sell, or lease, aside from certain mandatory actions involving the use of the Dealer’s Bid platform; you will be notified of such mandatory actions related to buying, selling or leasing. While BidWizer and its employees may help facilitate various aspects of sales, purchasing, and leasing on the Dealer’s Bid platform, BidWizer fully disclaims any control, responsibility or liability for: (a) the availability, existence, quality, legality, or safety of Dealers’ vehicles or third-party providers’ products and services displayed and sold or leased through the Dealer’s Bid platform, (b) the ability of buyers/lessors, Dealers, and third-party providers of products and services, to buy, sell or lease listed vehicles and sell third-party products and services, (c) the truth or accuracy of content posted by persons and entities other than BidWizer on the Dealer’s Bid platform, (d) that a buyer/lessee, Dealer, or third-party provider of products and services will follow through with any transaction or agreement, and/or (e) that a buyer/lessee is able to pay the amount advertised or agreed upon for a configured vehicle or designated product or service.
The information on Dealer’s Bid vehicles and products and services, provided via the Service, is supplied by the Dealer, third-party providers of products and services, or other third parties – BidWizer is not responsible for the accuracy of such information, including information regarding: (a) vehicles and vehicle details, including but not limited to mileage, history, condition, ownership, photographs, videos and other imagery, and suitability for any particular purpose, (b) any products or services offered on the Dealer’s Bid platform, and (c) buyers'/lessees’, Dealers, or sellers of third-party products and services background, reliability, and honesty.
BidWizer may provide certain information or references related to vehicles and third-party products and services displayed on Dealer’s Bid; such information or references are generated by unaffiliated third parties, including but not limited to report providers or inspection service providers, and BidWizer is not responsible for and does not guarantee the accuracy of any information provided by such third parties and made available via the Service. Buyers and Sellers shall address any and all concerns, questions, issues, discrepancies, or differences with each other directly. All disputes between Consumers and Dealers utilizing BidWizer’s online platform(s) are to be resolved between the Consumers and Dealer in accordance with Dealer policies and applicable State and Federal laws. The Consumer and Dealer acknowledge and recognize that BidWizer is not a party to any transaction between Consumer and Dealer and that BidWizer provides only an online platform to initiate and facilitate the sale and leasing of motor vehicles. Vehicle prices, and prices for third-party products and services may not include certain additional costs and fees such as, but not limited to: government fees and taxes, title and registration fees, licensing and plate fees, finance charges, and emission testing charges. Such additional fees are solely and entirely the responsibility of the buyer/lessee and/or seller/lessor.
Dealer’s Bid buyers/lessees and sellers/lessors – including prospective buyers/lessees and sellers/lessors – should exercise caution and use their good sense and personal judgment when using the Service and transacting with Dealers and third-party products and services. BidWizer encourages you to act in the same conscientious manner in which you would when purchasing other goods from private parties through other listing sites or applications, or by responding to a classified ad in the newspaper.
Dealer will maintain all registrations, licenses and permits required under all applicable laws, in order for Dealer to do business as a licensed motor vehicle Dealer. Dealer shall honor all sales and/or purchases agreed to by Dealer and Consumer. Consumer shall, likewise, honor all sales and purchases Consumer makes with Dealer through any of BidWizer’s online platforms.
When using the BidWizer online platform(s) Dealer and Consumer agree to comply with the buying and/or selling process set forth on the platform(s), and neither the Dealer nor the Consumer shall circumvent the BidWizer platform(s) in any way, such as to avoid paying any charge(s) payable to BidWizer for buying, leasing, or selling a motor vehicle.Whenever a Consumer chooses to have a vehicle transported to the Consumer, the Consumer pays for the cost of such transportation, unless otherwise agreed to by the Dealer. Consumer understands that the Transportation Charge varies and depends on a number of factors, including, but not necessarily limited to, the number of miles the vehicle is transported. Consumer and Dealer further understand that BidWizer is not involved in any way in the Consumer’s decision and request to have the vehicle transported to the Consumer, and Consumer and Dealer waive any and all rights, suits, causes of action and claims of any kind, legal, equitable, or otherwise against BidWizer concerning transportation of the vehicle.
A Consumer or Dealer who avoids or attempts to avoid paying any of BidWizer’s charges, including, but not limited to, a Dealer’s leasing or selling a new or used motor vehicle, and the Consumer’s purchasing or leasing that same motor vehicle after running it through the reverse auction on any of BidWizer’s online platform, Dealer and Consumer shall be liable for and shall pay to BidWizer all charges BidWizer would have been entitled to had Consumer and Dealer consummated and completed the purchase or lease of the motor vehicle on BidWizer’s online platform(s). Dealer and Consumer shall also be liable and shall pay and all reasonable attorney’s fees and costs incurred by BidWizer in collecting any charges owed to it by Dealer and Consumer. BidWizer may, at its sole discretion, suspend or terminate Dealer’s and Consumer’s account and ability to use any of BidWizer’s online platforms. Nothing in these Terms and Conditions, including the provisions of this section shall affect BidWizer’s rights to pursue any other type of action, legal, equitable or otherwise, against Dealer and Consumer.
Dealers and third-party providers of products and services hereby represent, warrant, and confirm that:
All information submitted to BidWizer and listed on the Service is accurate, complete, true, and not misleading;
You will notify BidWizer of and remediate any inaccuracies known or discovered related to the vehicles or products and services offered through the Dealer’s Bid platform;
Your vehicles or products and services comply with all applicable laws, rules, and regulations;
You will include all material and information relevant to the vehicle or product and services;
You will treat all potential buyers and other users of the Service fairly, honestly, and honorably;
You will not publicly post or share users’ personal details, photographs, or contact information on the Service;
You are prepared to sell the vehicle or product and service at the agreed price between you and the user;
You have the proper authority to transfer title of the vehicle;
You will not charge any potential buyer or lessee for information about any vehicle listed for sale or lease, or product and service offered for sale;
You will not use the Dealer’s Bid platform to promote any other website, product, or service; and
You agree to communicate and coordinate with BidWizer, to create, rectify, improve, and/or otherwise modify your business practices and procedure pursuant to this Agreement and the terms herein.
Dealer’s Bid buyers and lessees hereby acknowledge and agree that:
Vehicles, and third-party products and services have not been inspected by BidWizer in any manner;
Vehicles, and third-party products and services are not sold with, subject to, or covered by any money back guarantee issued, endorsed, associated with, supported or backed by BidWizer;
Vehicles and products are not sold with, subject to, or covered by any type of warranty issued by BidWizer;
BidWizer does not offer or support returns, cancellations, or swaps of vehicles or products and services at any time;
You are at least 18 years of age;
You will treat all potential Dealers, third-party sellers of products and services, and other users of the Service fairly, honestly, and honorably; and
Any “certification” mentioned or noted by a Dealer or third-party provider of products and services is not certified or endorsed by BidWizer.
BIDWIZER PROVIDES THE SERVICE WITHOUT REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BIDWIZER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY PROSPECTIVE OR ACTUAL PURCHASER/LESSEE OF ANY VEHICLE OR THIRD-PARTY PRODUCT AND SERVICE, AS TO THE AVAILABILITY OF, EXISTENCE, CONDITION, SUITABILITY FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY OF INFORMATION CONCERNING, OR OWNERSHIP OF VEHICLES, OR THE AVAILABILITY OR SUITABILITY OF ANY THIRD-PARTY PRODUCT OR SERVICE. ALL VEHICLES, AND INFORMATION AND MATERIALS RELATED THERETO THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS – BIDWIZER SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NONINFRINGEMENT, EXCEPT AS PROVIDED BY LAW. BIDWIZER MAKES NO REPRESENTATIONS OR GUARANTEES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE, INCLUDING, WITHOUT LIMITATION, THAT SELLERS/LESSORS WILL RECEIVE ANY OFFERS TO SELL OR LEASE A VEHICLE, OR THAT BUYERS WILL RECEIVE ONLY LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED OR INTERESTED SELLERS AND THIRD-PARTY PROVIDERS OF PRODUCTS AND SERVICES.
You agree to fully indemnify and release BidWizer from any and all third party disputes involving third-party products and services, vehicles, listings details, data or information uploaded to the Service related to vehicles and third-party products and services, attempted or completed transactions, or any subject matter involving such vehicles, products and services, including all claims related thereto, demands associated therewith, and/or damages alleged, of every kind and nature, including actual and consequential, punitive, incidental, special, known, and unknown, arising in any way out of any interactions, transactions, and/or disputes. In no event shall any liability of BidWizer exceed the amount paid by you to us in the year preceding such loss, subject to applicable law.
Dealer grants BidWizer the right to access, store, use, and display Dealer’s Inventory Data on any and all of BidWizer’s online Platforms. Vehicle Inventory Data includes all information necessary to market, sell and lease vehicles, including, but not limited to, the vehicle identification number, make, model, year, location, trim specifications, mileage, condition, price, comments, photographs, video, and other imagery.These terms and conditions are for the benefit of BidWizer and its affiliates, successors, assigns and licensees. Dealer may not assign any of its rights under the Agreement without the prior written consent of BidWizer. Any assignment by Dealer in violation of the foregoing will be null, void and of no effect. These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of North Carolina or the United States of America, whichever shall be applicable. Concerning any claim arising from this Agreement, the exclusive jurisdiction and venue shall be in the County or Circuit Courts in Mecklenburg County, North Carolina, or the United States District Court having jurisdiction.
Dealer shall, at its own expense, indemnify, defend, and hold BidWizer and its affiliates, officers, directors, employees, legal representatives, agents, contractors, licensees, successors and assigns (the “BidWizer Indemnitees”), harmless from any and all judgments, settlements, awards, demands, claims, damages, costs, losses and/or liabilities of any kind (including reasonable legal fees and other litigation costs), in connection with any third-party claim or regulatory enforcement action alleging that Dealer has failed to honor a sale, purchase or lease agreed to by Dealer, and any claims that the Inventory Data provided by Dealer infringes or violates a third party’s intellectual property, contractual or other proprietary rights, including the rights of publicity and privacy, or violates any law or regulation. Dealer may not accept any settlement that does not provide the BidWizer Indemnitees with a complete release or that imposes liability not covered by these indemnifications or places restrictions on the BidWizer Indemnitees without BidWizer’s prior written consent. The BidWizer Indemnitees may in their sole discretion participate in the defense of any claim through their own counsel, at their own expense.
D. Auction Up Platform:
For all services related to the Auction Up platform, BidWizer is not an automobile broker or dealer and does not sell, exchange, buy, or offer for sale, negotiate, and/or attempt to negotiate, a sale or exchange of any interest in any vehicle listed on any of its sites. BidWizer does not sell vehicles directly. Accordingly, BidWizer does not guarantee or ensure any vehicles, or any transaction between a Dealer and seller, and does not warehouse, store, ship, or deliver any of these vehicles.
Any services, guidance, and/or assistance provided by BidWizer to Dealers and sellers, is solely informational and for their convenience. Guidelines offered are not requirements to buy or sell aside from certain mandatory actions involving the use of the Auction Up platform; Users will be notified of such mandatory actions related to buying and selling. While BidWizer and its employees may help facilitate various aspects of sales and purchasing on the Auction Up platform, BidWizer fully disclaims any control, responsibility or liability for: (a) the availability, existence, quality, legality, or safety of vehicles displayed, purchased and sold through the Auction Up platform, (b) the ability of buyers and sellers to buy and sell any vehicle listed for sale, (c) the truth or accuracy of content posted by persons and entities other than BidWizer on the Auction Up platform, (d) that a buyer or seller will follow through with any transaction or agreement, and/or (e) that a buyer is able to pay the amount advertised or agreed upon for a configured vehicle, or a seller actually owns a vehicle offered for sale.
The information on vehicles provided via the Service is supplied by the seller or other third parties. BidWizer is not responsible for the accuracy of such information, including information regarding: (a) vehicle and vehicle details, including but not limited to mileage, history, condition, ownership, photographs, videos and other imagery, or and suitability for any particular purpose, and (b) buyers' and sellers' background, reliability, and honesty.
BidWizer may provide certain information or references related to vehicles; such information or references are generated by unaffiliated third parties, including but not limited to report providers or inspection service providers, and BidWizer is not responsible for and does not guarantee the accuracy of any information provided by such third parties and made available via the Service. Buyers and Sellers shall address any and all concerns, questions, issues, discrepancies, or differences regarding vehicles with each other directly. Vehicle prices may not include certain additional costs and fees such as, but not limited to: government fees and taxes, title and registration fees, licensing and plate fees, finance charges, and emission testing charges. Such additional fees are solely and entirely the responsibility of the buyer and/or seller.
Buyers and sellers – including prospective buyers and sellers – are advised to exercise caution and use their good sense and personal judgment when using the Service and buying and selling vehicles from and to third parties. We encourage you to act in the same conscientious manner in which you would when selling or purchasing other goods from private parties through other listing sites or applications, or by responding to a classified ad in the newspaper.
Sellers using the Auction Up platform hereby represent, warrant, and confirm that:
All information submitted to BidWizer and listed on the Service is accurate, complete, true, and not misleading;
You are at least 18 years of age, and are not a motor vehicle dealer or broker, or acting in the capacity as an agent, owner, employee, or other representative of a motor vehicle dealer or broker;
You will notify BidWizer of and remediate any inaccuracies known or discovered related to your using the platform, including offering vehicles for sale and selling vehicles on the platform;
You will not list more than two (2) vehicles for sale simultaneously;
You will not list more than three (3) vehicles for sale annually;
You will remove or, if unable to do so yourself, contact us to remove a listing within 72 hours if a vehicle sells in another way, or if a listing otherwise becomes invalid;
Your listings will comply with all applicable laws, rules, and regulations;
You will include all material and relevant information in your content;
You will treat all potential buyers and other users of the Service fairly, honestly, and honorably;
You will not publicly post or share personal details, photographs, or contact information on the Service;
You are prepared to sell the vehicle at the price at which you agree upon a Dealer’s successfully winning the bidding for your vehicle;
You have actual possession of the vehicle(s) you are listing, and you have ownership or the proper authority to transfer title of the vehicle(s);
You will not charge any potential buyer for information about any vehicle listed for sale;
You will not use the Auction Up platform to promote any other website, product, or service; and
You agree to communicate and coordinate with BidWizer as required to create, rectify, improve, and/or otherwise modify your listing vehicles pursuant to this Agreement and the terms herein.
Buyers using the Auction Up platform hereby acknowledge and agree that:
vehicles have not been inspected by BidWizer in any manner;
vehicles are not sold with, subject to, or covered by any money back guarantee issued, endorsed, associated with, supported or backed by BidWizer;
vehicles are not sold with, subject to, or covered by any type of warranty issued by BidWizer;
BidWizer does not offer or support vehicle returns, cancellations, or swaps at any time;
All employees or agents of your dealership who are authorized by you to, and who, in fact, purchase vehicles on the Auction Up platform, are at least 18 years of age;
You will treat all potential sellers and other users of the Service fairly, honestly, and honorably; and
Any “certification” mentioned or noted in a listing posted by a seller, is not certified or endorsed by BidWizer.
BIDWIZER PROVIDES THE SERVICE WITHOUT REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BIDWIZER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY PROSPECTIVE OR ACTUAL PURCHASER OF ANY VEHICLE AS TO THE EXISTENCE, CONDITION, OR OWNERSHIP OF THE VEHICLES, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY LISTING ON THE SITE. ALL VEHICLES, AND INFORMATION AND MATERIALS RELATED THERETO, ON THE SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS – BIDWIZER SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NONINFRINGEMENT, EXCEPT AS PROVIDED BY LAW. BIDWIZER MAKES NO REPRESENTATIONS OR GUARANTEES TO SELLERS, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, TO SELLERS REGARDING THE SERVICE, INCLUDING, WITHOUT LIMITATION, THAT YOU WILL RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE, THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, OR RECEIVE ONLY LEGITIMATE INQUIRIES OR SOLICITATIONS.
You agree to fully indemnify and release BidWizer from any and all third party disputes involving vehicles, listings details, data or information uploaded to the Service related to vehicles, attempted or completed transactions, or any subject matter involving vehicles, including all claims related thereto, demands associated therewith, and/or damages alleged, of every kind and nature, including actual and consequential, punitive, incidental, special, known, and unknown, arising in any way out of interactions, transactions, and/or disputes. In no event shall any liability of BidWizer exceed the amount paid by you to us in the year preceding such loss, subject to applicable law.
V. Rules of usage:
A. Use of the Service by You:
1. The Service is not intended for users under the age of 16, and we do not knowingly collect personally identifiable information from users under the age of 16. Such users are expressly prohibited from registering for the Service or submitting their personal information to us, and from using portions of the Service for which registration is required.
2. You shall ensure that all equipment, hardware, software, products, and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others' access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, the Service, or any Content or User Content.
3. If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s) to utilize the device for such purposes.
4. Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any laptop, personal computer, browser, mobile device, tablet, or other device (a "Device" or "Devices") on which the Service resides or is accessible.
5. You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person, or entity, or for an end use, prohibited thereby.
6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Content that is provided by us, our licensors, vendors, and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks, and other brand identifiers, the organization, design, compilation, and "look and feel" of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark, and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors, and/or service providers.
8. BidWizer is not responsible for, nor substantiates or guarantees in any way, User Content or any other content posted by you, other users, or third parties on the Service. You are entirely and solely responsible for any and all engagement with other users or third parties on or via the Service. The information on vehicles provided in this service may be supplied by other third parties – BidWizer is not responsible for the accuracy of such information. BidWizer provides the Service and these materials without representations, guarantees, or warranties of any kind, whether express or implied.
9. Certain Content may be made available to you on or through the Service for download, installation, and/or streaming on your Device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such Content is subject to the same terms, conditions, limitations, and restrictions applicable to all Content provided by us, our licensors, vendors, other users, and/or service providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization. Certain Content on the Service may be provided by third parties and BidWizer may not have editorial control over the content. The views or opinions expressed by those third parties do not necessarily represent the views of BidWizer.
10. Vehicle listings and descriptions on the Service, whether provided by BidWizer or User Content, are for informational purposes only and BidWizer does not guarantee the accuracy of such information. BidWizer may obtain vehicle listing information, including vehicle descriptions and vehicle histories from third parties or other users, so there is a possibility that unintentional or unknown errors occur. All vehicles are subject to prior sale and may not be available in your area or to you when you are ready to purchase. You agree that any reliance on the vehicle listing and descriptions on the Service is at your own risk. All vehicle listings are subject to the Disclaimer of Warranty and Limitation of Liability in this User Agreement. BidWizer is under no obligation to finance, sell, or lease a vehicle to you. In addition, despite our best efforts, it is possible that vehicles or other items on our website may be mispriced. BidWizer makes no representations and has no obligation, responsibility, or intention to notify you of any discrepancies involving the price, condition, or other aspects of a vehicle listed by any user, third party, or other party.
B. Prohibitions on Use of the Service:
1. Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:
access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information, (except as permitted by law);
make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks, and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us, or the Service;
impersonate, imitate, or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Service or creating or sharing User Content via the Service;
authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service, by use of your account/profile and/or Registration Information (except as permitted or required by law);
falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Service, us, or our licensors, vendors, and/or service providers;
use any bots, cheats, macros, scripts, or run Maillist, Listserv, or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit, and/or use the Service, including without limitation to post, upload, transmit, send, or otherwise make available Content on or through the Service;
copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content or User Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information, Content, or User Content available on or through the Service, including by an automated or manual process or otherwise, unless an agreement is reached between you and us explicitly allowing for such activities;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content or User Content;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content or User Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us, or the Service;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content or User Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form;
access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, alter, tamper, or interfere with, the Service including without limitation any Content or User Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise;
post, upload, transmit, send, or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature; or
hyperlink to the Service without our written permission. If you wish to obtain permission to hyperlink, please contact: Attn: Legal@BidWizer.com.
2. CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR INAPPROPRIATELY UTILIZE CONTENT OR USER CONTENT, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
C. Editing, Additions, and Deletions:
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content or User Content available on or through, or downloadable from, the Service, including without limitation any Content or User Content in or related to your account/profile. This includes updates or upgrades to Content or User Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms, or Devices. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content or User Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content or User Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content or User Content may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties.
D. Procedure for Alleging Copyright Infringement (DMCA Notice):
1. We respect the intellectual property of others, and we require our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend, and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content or User Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
2. If you are a copyright owner and have reason to believe that your copyrighted work has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination, or service that contains your copyrighted work or other activity that infringes your copyright rights, you may send us a written notice that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. sec. 512 – “Limitations on liability relating to material online:
i. Your physical or electronic signature;
ii. A description of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
iii. A description of the copyrighted work that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
iv. Your address, telephone number, and if available, email address at which we may contact you;
v. A statement by you that you have a good faith belief that use of the copyrighted work in the manner complained of is not authorized by you as the copyright owner; and
vi. A statement by you that the information in your notice to us is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will only respond to DMCA notices that we receive by mail or email at the addresses below:
By Mail:
21305 Carina LaneCornelius, N.C. 28031
By Email:
jmiles@BidWizer.com
For more information call:
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
For communications on other matters, please contact us through the means described on the Service, if available (for example, in the "Contact Us" section), or, if no such means are specified, contact us as described in our Privacy Policy.
3. IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT, USER CONTENT, OR ACTIVITY IS INFRINGING VIOLATES THE DMCA AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS, OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT OR USER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.
4. Trademarks and domains
BidWizer, King of Deals, When Dealers Bid You Win, BidWizer.com, our logos, our product or service names, our slogans, and the look and feel of the Service are trademarks of BidWizer and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the BidWizer Service are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by BidWizer.
E. Indemnification:
You agree to indemnify, defend, and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors, and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, causes of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way connected with your access, visitation, and/or use of the Service, Content, User Content, unauthorized use of Content or User Content obtained on or through the Service, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service.
F. Disclaimer of Warranty and Limitation of Liability:
1. CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OR USER CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN, OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THIS AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
2. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR USER CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US, YOU, OR OTHER USERS OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED CONTENT OR USER CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
3. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR INFORMATION USERS MAY SUBMIT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME OR SUBMITTING PAYMENTS TO ANOTHER USER. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU, OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH THE SERVICE (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
4. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) IN WHICH A THIRD PARTY HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE, AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, BIDWIZER DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS, AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THESE TERMS.
5. WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US, YOU, OR BETWEEN ANOTHER USER AND YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
6. WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE, YOUR ABILITY OR INABILITY TO ACCESS, VISIT, AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE AND/OR CONTENT OR USER CONTENT AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT PAID BY YOU TO US (IF ANY) DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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."
7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE BIDWIZER FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES.
G. Termination or Suspension of the Service, Your Use of the Service, and/or the Agreement:
1. We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend, and/or restrict the Service, your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.
2. Even if the Service, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement is terminated, discontinued, suspended, or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content or User Content, and therefore copies of all information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service, may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.
H. Communications to You:
1. The communications between you and us and/or you and any other user or third party utilizing the Service usually use electronic means, whether you access, visit, or use the Service, send messages, or whether we, other users, or other third parties post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us, other users, and/or other third parties using the Service in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we, other users, and/or other third parties utilizing the Service provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all of your interactions and transactions with us, other users, and/or other third parties utilizing the Service.
2. You understand and agree that joining the Service may include receiving certain communications from us, other users, and/or third parties using the Service, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.
3. By providing your phone number, you agree to receive calls and/or texts using automated technology for marketing purposes, or servicing and informational purposes related to your account, from BidWizer and its authorized representatives. This consent is not required to purchase through BidWizer. Message and data rates may apply.
4. BidWizer does not knowingly or purposefully engage in the direct selling of customer phone number or other related short code data for the purposes of direct third-party marketing to BidWizer customers without customers’ express consent, including for the purpose of direct marketing campaigns banned by carriers, such as Debt Forgiveness, Work and Investment Opportunities, and/or other similar campaigns.
I. Mobile Participants:
You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit, and/or use the Service via your Device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content or User Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant, or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other Devices, or via all carriers and service plans, or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (ii) the Mobile Participants and their parents, subsidiaries, and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs, or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Service or your possession, access, visitation, and/or use of the Service, infringes such third party's intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement, and/or discharge of such claim.
J. Third Party Content:
The Service may contain hyperlinks to websites operated by parties other than BidWizer. BidWizer does not operate the third-party service(s) or links and is not responsible for the content or accessibility outside of the BidWizer website(s). The Service may also contain content created by third parties, such as customer reviews, where third parties may express their ideas and opinions. BidWizer and its affiliates do not endorse the accuracy or reliability of any third-party content.
K. Disputes and Jurisdiction:
1. The Service is based in the United States. It is not designed, customized, or intended for, or directed to, any other country. Those who choose to access, visit, and/or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, or guarantee that the Service, or any merchandise, products, services, and/or Content or User Content available on or through the Service, are appropriate, available, or legal in any particular geographic location.
2. In any dispute between you and us, your sole remedy is to stop using your account/profile and/or the Service. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms, and/or conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any Content or User Content available on or through the Service, or any edits, deletions, additions, or other changes thereto; or (iv) your ability or inability to access, visit, and/or use portions of the Service, or the Service as a whole, or features, functionality, and/or Content or User Content available on or through the Service.
3. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. If we have a dispute that we are unable to resolve, you and BidWizer agree to binding arbitration using the American Arbitration Association or J.A.M.S. You may send a demand for arbitration to either of the following:
American Arbitration Association (AAA)
13455 Noel Road, Suite 1750
Dallas, TX 75240www.adr.org
(972) 702-8222
J.A.M.S./Endispute
1155 F Street, NW, Suite 1150
Washington, DC 20004
www.jamsadr.com(800) 352-5267
The applicable rules of the arbitration forum you select will apply. You are giving up your right to a trial by jury or class action or similar relief. You have all other rights and remedies under applicable law. We will not object if you wish to use small claims court. An arbitration administrator and arbitrator may waive or reduce its fees for financial hardship. If you ask in writing, we may pay all administrator and arbitrator fees up to $2,500 that the administrator will not waive for any claims you assert in good faith. We will consider in good faith your request to pay all or part of any administrator or arbitrator fees over $2,500. The arbitration will occur at the closest AAA or J.A.M.S. office to where you live.
You have the right to reject this arbitration agreement, in which event neither you nor we will have the right to require arbitration of any disputes. Rejection of this arbitration agreement will not affect any other aspect of this Agreement or your interactions with the Service. In order for you to reject this arbitration agreement, we must receive a signed writing ("Rejection Notice") from you within 30 calendar days of the day you first visit BidWizer's site and receive notice of the Agreement, stating that you reject the arbitration agreement. The Rejection Notice must include your name, address, and Customer Number, and must be mailed to us at: Attn: BidWizer Legal, 417 5th Avenue, Indialantic, Florida 32903 by mail, return receipt requested. Upon receipt of your Rejection Notice, and if requested by you, we will refund your postage cost. If you reject this arbitration agreement, that will not constitute a rejection of any other arbitration agreement between you and us.
4. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate to prevent or correct violations and enforce this User Agreement and our Privacy Policy. You acknowledge and agree that we have the right hereunder to an injunction upon posting a bond deemed reasonable by a court of competent jurisdiction to stop or prevent a breach or violation of your obligations under this User Agreement.
5. You agree that, regardless of where you access, visit, and/or use the Service, all issues concerning the construction, validity, interpretation, and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, in the particular State where the Service is headquartered, without regard to any principles of conflict of laws. Any disputes that are not arbitrated or otherwise result in court action will be resolved exclusively by a state or federal court located in the U.S. State where the Service is headquartered, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of the U.S. State where the Service is headquartered, and any other laws, the conflict will be resolved in favor of the laws of such U.S. State where the Service is headquartered. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) and shall not include any indirect, punitive, incidental, and/or consequential damages.
6. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.
L. General:
1. We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service or the Service as a whole. Such additional rules will be posted in the Agreement and/or in the relevant portions of the Service, and are hereby incorporated into the Agreement by this reference if not posted herein. Your continued access, visitation, and/or use of the Service constitutes your agreement to comply with these additional rules.
2. The rules, restrictions, limitations, terms, and conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, User Content, or Content that augment or enhance the Service, including the release of updates, upgrades, new products, and/or services, shall be subject to the terms and conditions of the Agreement.
3. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing and signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default pursuant to the Agreement. No waiver shall be implied.
4. We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.
VI. Warranty, financing and insurance-related offerings
Warranty, financing, and insurance-related products offered through the Service may include links or prompts to other websites or content that are not maintained or controlled by BidWizer. Your use of any such third-party content is subject in all respects to Section V(J), above. These links are solely for your convenience, and BidWizer makes no warranties, endorsements, approvals, certifications, or representations about – including but not limited to the availability, safety, or reliability of – any such third-party content or any insurance products or services advertised or made available thereon. We recommend that you review the relevant privacy policies, terms of use, and/or user agreements associated with such third-party websites.
All quotes and estimates provided for any such products offered through the Service are non-binding, and do not commit anyone to offer warranty or insurance coverage, or financing. Any warranty or insurance coverage, or financing will be subject to the terms and conditions and coverage of the actual warranty or insurance policy, or financing issued or provided to any customer. In addition, any offer of warranty or insurance coverage, or financing will be subject to: (1) final acceptance by you and then the insurer prior to the quote expiry date; (2) you undertaking to advise the insurer of any change in the supporting information or additional information that should be supplied to make a quote current, occurring prior to the inception date of any insurance subsequently issued; (3) you having declared all material facts likely to influence a reasonable insurer in determining: (a) whether or not to accept the risk, (b) the premium, and (c) the terms, conditions, exclusions and limitations; and (4) you paying the premium.
When you purchase a warranty, insurance or financing offered on or through our website, BidWizer may receive compensation from the company that issues the warranty, the insurance policy, or the financing. As described in more detail below, this compensation may include regular and/or contingent commissions when a warranty or insurance policy is purchased or renewed, when financing is secured, and/or fees for marketing and administrative services provided by us. The compensation may vary by provider and the specific product and features purchased.
access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/pBase Commissions: We may receive a base commission in the form of a fixed percentage of the financing obtained, the warranty or insurance policy premium or a fixed amount per policy. The percentage or amount may vary depending on certain factors, such as the type of product, the risk classification, and whether the policy is new or a renewal.rofile and/or Registration Information, (except as permitted by law);
Policy Fees: We may also receive fee-based compensation from providers of these products and services for the placement of warranties, insurance policies and/or financing.
VII. Privacy policy
PRIVACY NOTICE /YOUR PRIVACY RIGHTS
If you are a California resident, Contact us for more information about your specific privacy rights.
A. Introduction
Because the internet is an open system, the transmission of information via the internet is not completely secure.BidWizer, its parent, its subsidiaries, and/or its affiliates (“us,” “we,” or “our”) collects and processes information about you as described in this Privacy Notice (“Notice”). We are committed to protecting the privacy of those with whom we interact. This Notice contains details about how we collect, use, and share personal information that we obtain from and about you when you interact with us via our website(s), email, mobile application(s), and in other online and offline interactions. Please read this Notice carefully.
Applicability: We collect information in several contexts as described below. However, this Notice does not apply to the following information:
1.
Information we collect in connection with providing individual consumers a financial product or service (or in connection with a consumer seeking such financial products or services), such as by reviewing applications for financing. Such information is subject instead to our Financial Privacy Policy.
2.
Information about our employees, contractors, agents, and job applicants. Such information is subject to a separate privacy notice that we will make available to individuals.
3.
Information we collect from individuals with whom we engage in solely business-to-business communications and transactions, such as information about the employees of our business partners and customers.
Changes: We may update this Notice from time-to-time. The current Notice will be effective when posted. Please check this Notice periodically for updates as your continued use after an update will signify your acceptance of the new policy. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Notice by posting an updated Notice on this website.
B. Sources of Personal Information
We collect information about you and how you interact with us in several ways, including:
1.
Information you provide to us directly. We collect the information you provide to us directly.
2.
Information automatically collected or inferred from your online interaction with us. We automatically collect technical information about your online interactions with us (such as IP address or other unique identifier related to you or your Device, Device location, characteristics, and capabilities, prior and current web activity, your BidWizer website activities and related click data, and browsing preferences) when you visit or interact with our Service (“Usage Information”).
3.
Information from public sources, including government entities from which public records are obtained and information you submit in public forums.
4.
Information from third parties. We receive information about you and your interactions with us from third parties, such as credit reporting entities, marketing and advertising providers, social network services, data brokers, and companies that provide or sell lists of potential purchasers.We may combine information that we receive from the various sources described in this Notice, including third party sources and public sources, and use or disclose it for the purposes identified below.
C. Types of Personal Information We Collect
The types of information that we collect about you (“Personal Information”) include:
1.
Identifiers, such as your name, alias, postal address, country of residence, unique personal identifier, online identifier, internet protocol address, email address, account name, phone number, social media identifiers (e.g., Twitter handle, Instagram name, etc.) social security number, driver’s license number, passport number, or other similar identifiers.
2.
Customer records, such as signatures.
3.
Protected Class and Demographic information, such as age, race, gender, gender identity, national origin, religion, sex, citizenship, medical condition, military or veteran status, education, or date of birth.
4.
Commercial information and preferences, including records of personal property, creditworthiness, products or services purchased, obtained, or considered, information you provide or post using the Service, or other purchasing or consuming histories or tendencies.
5.
Internet or other electronic network activity information, such as your browsing history, search history, and information regarding your interactions with us (including interacting with us online, by mobile application, and through advertisements).
6.
Geolocation information, such as approximate location based on your IP address or precise location with your express consent.
7.
Audio, electronic, visual, thermal, olfactory, or similar information, such as video recordings of our premises, call center recordings, pictures you may post or submit via the Service, or customer support chat logs.
8.
Professional, employment, or education information, such as job title, employer, business address and contact information, employment history, other professional information, or education history.
9.
Education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act.
10.
Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
D. How We Use Your Personal Information
We may use each category of your information described above in the following ways:
1.
To enable interactions between you and us or between you and other users or third parties, such as to facilitate online purchases of our products or those offered by other users or third parties using the Service; process shipping and returns; register and administer your account, provide you with and support your interactions with us, other users, and/or third parties; diagnose, repair and track service and quality issues; facilitate an order, download, return, or exchange; provide requested product information; communicate with you about your account or our data practices; install and configure changes and updates to programs and technologies related to interactions with us; authenticate those who interact with us; or to respond to your requests, complaints, and inquiries.
2.
For our own internal business purposes, such as to evaluate, audit, or improve the usage, quality, and performance of programs and technologies related to interactions with us or third parties; design new services; process and catalog your responses to surveys or questionnaires (e.g., customer satisfaction reviews); perform internal research for technological development and demonstration; conduct data analysis and testing; and maintain proper business records and other relevant records.
3.
For legal, safety, or security reasons, such as to comply with legal requirements; protect our safety, our property, or rights of those who interact with us, or others; and detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity.
4.
In a de-identified, anonymized, or aggregated format. We may convert Personal Information into a de-identified, anonymized, or aggregated format, and use such information for any legal purpose.
5.
For marketing. We may use your Personal Information to market our products or services or those of third parties, such as our business partners or other users of our Service. We may use your Personal Information to invite you to participate in marketing surveys, questionnaires, promotions, events, or contests. We may audit aspects of our ad impressions. We may use your Personal Information for short-term transient use, including for contextual ad customization. We may use your Personal Information to enhance our content and to deliver advertisements to you, including commercial emails. For more information about online marketing activity, see Section 6 below.
6.
Stripe Financial Services Company (“Stripe”): if you elect to link to Stripe during your use of the Service, we do not use Stripe to gather personal information about you. By electing to link to Stripe, you grant us and Stripe the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution solely for the purpose of your inquiring into and/or completing a transaction on any of our Sites. By electing to link to Stripe, you agree to your personal and financial information being transferred, stored, and processed by Stripe in accordance with the Stripe Privacy Policy.
7.
Provision of the Services to You: providing the Services to you from BidWizer or its partners including (i) offering of contests, as well as chat areas, forums and communities, (ii) management of your account, and (iii) customer support and relationship management.
8.
Offering and Improving the Services: operating and managing the Services for you; providing personalized content to you; communicating and interacting with you via the Services; identifying issues with the Services and planning improvements to or creating new Services; and notifying you of changes to any of our Services.
9.
Identification: using information from third parties to verify information about you in order to provide the Services (e.g. verify your mailing address to send you requested products or services.
10.
Research: analyzing, benchmarking and conducting research based on User Information and your interactions with the Services.
11.
Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) regarding content and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
12.
Advertising: providing advertising based on your interests and interactions with the Services and Channels, including using User Information to serve you advertisements on the Services and Channels, as well as licensing segments of User Information to third parties.
13.
Audience Engagement: identification and development of audience engagement, advertising and promotional strategies on various platforms and channels, both within the Service and on Channels.
14.
User Engagement and Purchases: tracking purchase traffic and activity across the Service and on Channels, including review of your browsing history (if available); provision of analytics and measurement of cost of traffic against money being made.
15.
Commerce Offerings: using cookies to track your browsing history and the amount of money spent at a particular third party merchant’s site to offer coupons and other offers that are relevant to your shopping experience.
16.
Lead Generation: producing customer lead generation to third party businesses to improve a business’ target marketing campaigns and services through different strategies, including generating leads through email newsletter marketing to drive you to content on the site, whereupon your contact information will be shared with our customer.
17.
Marketing to Customers: We may market to current and prospective customers and their employees who have indicated an interest in doing business with, or have previously conducted business with, Everyday Health in order to further generate and promote our business.  Such efforts include sending marketing emails or conducting phone calls to drive the purchase of advertising, marketing our lead generation, job boards, and other business services offered by Everyday Health.
18.
IT Administration: administration of Everyday Health’s information technology systems; network and device administration; network and device security; implementing data security and information systems policies; compliance audits in relation to internal policies; identification and mitigation of fraudulent activity; and compliance with legal requirements.
19.
Security: electronic security measures (including monitoring of login records and access details) to help mitigate the risk of and provide the ability to identify and rectify a security incident.
20.
Financial Management: general business and financial management purposes, including: economic, financial and administrative management; planning and reporting; personnel development; sales; accounting; finance; corporate audit; and compliance with legal requirements
21.
Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.
22.
Legal Proceedings: establishing, exercising and defending legal rights.
23.
Legal Compliance: Subject to applicable law, we reserve the right to release information concerning any user of Services when we have grounds to believe that the user is in violation of our Terms of Use or other published guidelines or has engaged in (or we have grounds to believe is engaging in) any illegal activity that threatens harm to you, violence, or abuse, and to release information in response to court and governmental orders, other requests from government entities, civil subpoenas, discovery requests and otherwise as required by law or regulatory obligations. We also may release information about users when we believe in good faith that such release is in the interest of protecting the rights, property, safety, or security of Everyday Health, any of our users, or the public, or to respond to an emergency.
24.
Direct Marketing: We may process your User information to contact you with information regarding services that may be of interest to you. You may unsubscribe for free at any time. We may Process your User Information to contact you via email, telephone, direct mail, or other methods of communication to provide you with information regarding the Services that may be of interest to you. We may send information to you regarding the Services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.
25.
For any other purposes for which you provide consent.
E. With Whom We Share Your Personal Information
We may share your Personal Information with the categories of recipients described below:
1.
Affiliates and subsidiaries: We may share your Personal Information within the BidWizer group of companies, which includes parents, corporate affiliates, subsidiaries, business units, and other companies that share common ownership for the purposes described above.
2.
Service providers: We may share your Personal Information with service providers working on our behalf in order to facilitate our interactions with you or request or support our relationship with you, such as hosting service providers, IT providers, operating systems and platforms, internet service providers, analytics companies, and marketing providers (e.g., we may share your email address with our outbound email marketing provider). We may contract with other companies to provide certain services, including identity verification, email distribution, market research, promotions management, and payment processing. We take reasonable efforts to provide these companies with only the information they need to perform services on our behalf.
3.
Third parties necessary to complete a transaction or request. We may disclose information to third parties to provide you with services or benefits you may request, such as shipping vendors and consumer credit reporting companies. We may also share information with third parties at your direction, such as if you direct us to send or receive information from third parties using Plaid, or if you interact with other users of the Service.We may collect or obtain your Personal Information from third parties who provide it to us. This may include offline channels such as through telephone or direct mail efforts; from customers, vendors, suppliers, third parties, commercially available or publicly-available sources (e.g., data brokers, data aggregators, public databases, etc.); third party affiliate network operators; referral sources; and social network sites or services (e.g., Facebook, Twitter, LinkedIn, etc.).  If you use a third party connection or log-in (e.g., Facebook Connect, Twitter, or Google+) to access the Services, create a membership or profile on any part of the Services, access our content or forward our content to another person, platform or service, we may also receive your username or email address for those third party services or other information available about you or collected from you on those services.Please note that BidWizer is not responsible for the information you volunteer about yourself in the discussions in certain public areas of the Services, such as forums, blogs, wikis, chat rooms, private messages, message boards or other publicly accessible interaction, or information that you choose to make public in your member profile or other areas of the Services that allow users to upload or post content. We discourage users from posting such Personal Information in this fashion. You can change your publicly available information at any time via your profile page. To request removal of your Personal Information from these areas, please see Section K in this Privacy Policy for further details. In some cases, we may not be able to remove your Personal Information, in which case we will let you know we are unable to do so and why.This Privacy Policy does not cover the practices of third parties, including those that may disclose information to BidWizer.
4.
Business partners: We may also provide your Personal Information or provide access to your Personal Information to our business partners who may use it for their own purposes, such as supplemental product providers, including those who offer vehicle accessories, insurance, etc., social network services, and lead generators.
5.
For legal, security, and safety purposes: We may share your Personal Information with third parties such as law enforcement or other government agencies to comply with law or legal requirements, such as subpoena; to enforce or apply our User Agreement and other agreements; and to protect or assert our legal rights and protect our property or the safety of our users or third parties.
6.
In connection with a corporate transaction: We may transfer any information we have about you in connection with a change in corporate control, including but not limited to a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of BidWizer or as part of a corporate reorganization or stock sale.We may also de-identity, anonymize, or aggregate Personal Information to share with third parties for any purpose.
F. How We Use Cookies and Automatic Data Collection Tools
We may also collect information, which may include Personal Information, via cookies, web beacons ("tracking pixels"), embedded scripts, location-identifying technologies, device recognition technologies, in-app tracking methods, device and activity monitoring, or other manual, passive, or automatic tracking technologies, programs, or platforms (“Tracking Technologies”). The types of information we collect include but are not limited to Usage Information, your Internet Service Provider, IP address/Internet address from which you accessed our website(s) and/or other unique identifier(s) related to you or your Device, Device location, Device characteristics and operating system/settings, the date and time you access our website(s) and/or take certain actions on our website(s), recordings of your interactions with our websites and other digital properties, the pages you accessed while visiting our website(s) and related click behavior (such as products or offerings viewed and/or purchased), previously visited websites, and preferences.
Cookies, Similar Technologies and Online Behavioral Advertising
A cookie is a small text file that is stored on a user’s Device. We may place cookies on your Device(s), which may last only during a single session or may be persistent over multiple sessions over time. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service and may enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and, as a result, some features and functionalities of the Service may not work. To identify certain types of local shared objects on your Device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.htThe Service may associate some or all of these types of cookies with your Devices.
We and our partners (including but not limited to e-commerce partners, affiliates, and analytics providers) also may use technologies such as pixel tags, e-tags, IP addresses, Local Shared Objects, Local Storage, Flash cookies and HTML5 to analyze trends; administer the Services; collect and store information such as user settings, anonymous browser identifiers and video viewing history; supplement our server logs and other methods of traffic and response measurement; track users’ location and movements around the Services; gather demographic information about our user base; and to improve our understanding of traffic on the Services, visitor behavior, and responses to promotional campaigns. We may receive reports based on the use of these technologies by these third party companies on an individual and aggregated basis. For example, we may connect information about your IP address to known corporate or User Information and use the associated information related to aggregate content preferences to assist in our efforts to market services to you or the originating corporation(s). Various browsers may offer their own management tools for removing Local Storage.
BidWizer and/or certain third parties may collect information about you for online behavioral advertising (“OBA”) purposes in order for you to receive relevant interest-based advertising on the Services and on other websites, platforms and media channels. OBA is also referred to as interest-based advertising.BidWizer displays ads on both the Services and on the Channels. We may use Online Data as well as other User Information to send you OBA. For example, if you read an article about a particular subject on the Services, we may use cookies from a vendor to later serve you an advertisement for a particular product or service related to the viewed article. These third party vendors may connect information about pages you visit on the Services with information about pages you visit on other Channels and show you advertising based on this combined information. These advertisements may appear when you are visiting a different section of the Services or on another Channel. Likewise, third party vendors may serve you advertisements when you visit the Services based on your interaction with the Services and other Channels.
Online Data is aggregated with the Other Information and data we collect as described in this Privacy Policy and/or similar data collected by partners to create groups of users and certain general-interest categories or segments that we have inferred based on (a) demographic or interest data and GeoIP Data, (b) the pages you view and links you click when viewing an email or using the Services and those of our partners, and/or (c) the search terms you enter when using certain search services. We use this information to get a more accurate picture of audience interests in order to serve ads we believe are more relevant to your interests. We store page views, clicks and search terms used for ad personalization targeting separately from your Personal Information.
Web Beacons ("Tracking Pixels")
Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
Embedded Scripts
An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server, or from a third party with which we work, and is active only while you are connected to the Service and deleted or deactivated thereafter.
Location-Identifying Technologies
GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate you (sometimes precisely), or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features on the Service, your Device location may be tracked by us and third parties. Certain Service features may access and use information about your Device location (such as based on IP address or GPS, as applicable), or your account information, to suggest certain content, products, or services that may be available to you. Our Service content may be personalized based on various information we may have about you to try to provide you with more location-relevant content.
Device Recognition Technologies
We may use device recognition technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”).
In-App Tracking Methods
There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs,” or may use “SDKs,” to associate app user activity to a particular app and to track user activity across apps and/or devices. SDKs are blocks of code that may be installed in our mobile application by third party companies with which we work. SDKs help us understand how you interact with our mobile application and collect certain information about the Device and network you use to access our application, such as the advertising identifier associated with your Device and information about how you interact with our application.
Device and Activity Monitoring
Technologies that monitor, and may record, your interactions with the Service, including without limitation, keystrokes, and/or collect and analyze information from your Device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes such as identification, security, fraud prevention, troubleshooting, tracking, and/or improving the Service and customizing or optimizing your experience on the Service.
We use these Tracking Technologies to remember user preferences, maximize the performance of our website(s) and Service, provide you with offers that may be of interest to you, measure the effectiveness of our email and other advertising campaigns, and to personalize online content. These Tracking Technologies may be used to track you across Devices and websites over time for purposes such as to associate different Devices to you and deliver relevant ads and/or other content to you on the Service and certain other online services.
Additionally, we may permit third parties to place Tracking Technologies on our website(s) to allow these third parties to directly collect Personal Information from you. These third parties may also use Tracking Technologies to serve you advertisements tailored to interests you have shown by browsing on this website and other sites, applications, destinations, and services you have visited, and for other lawful business purposes. These third parties may offer or use Tracking Technologies or session replay tools, including but not limited to tools involving digital experience analytics and related platforms, to allow us to do things such as, but not limited to: track and evaluate user experiences and preferences, maximize the performance of our website(s) and Service, and measure the effectiveness of, troubleshoot, and/or improve our online/web-based content and offerings. In doing so, these third parties may collect your Personal Information, including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, Device identifier) and geographic location of your Device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The information provided in this Notice does not apply to the Tracking Technologies or similar tools or practices of third parties; you should review such third parties’ websites and applicable terms of use and/or privacy policies or notices for information specific to relevant third-party practices.
To provide you with more relevant and interesting experiences, we may work with third party companies to display ads or customize the content on this website and on other digital properties and websites. For example:
We use Google Analytics to analyze traffic to our Web site(s) in order to help us understand our customers' and visitors' needs and to continually improve our site for them. The data they collect on our behalf may include, but is not limited to, search engine referral, affiliate referrals, traffic driven by banner ads or other online promotions, how visitors navigate around the site, and the most popular pages. We also collect certain technical information, such as the browser version and operating system. We reserve the right to use, transfer, sell, and share data about our users for any lawful business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients, and customers. For more information related to our use of Google Analytics, please visit www.google.com/policies/privacy/partners/.
We use Facebook Pixel and/or related Facebook business tools that may allow third parties, including Facebook, to use cookies, web beacons, and other storage technologies to collect or receive information from our website(s), app(s), and/or elsewhere on the Internet and use that information to provide measurement services and target ads. In addition, we may serve ads on other online services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our data bases and the data bases of the other online services. For instance, we may use such ad services offered by Facebook or Twitter and other third-party services. We are not responsible for these third-party services, including without limitation their security of the data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad, or go to your account settings, and find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.
These companies may use cookies and similar tracking technologies as described in this Notice to gather information about your visits to our website(s), as well as your visits elsewhere on the Internet. These companies use this information to provide you with more relevant advertising tailored to your interest based on your browsing of the Service and elsewhere on the Internet, sometimes known as “interest-based advertising” and “online behavioral advertising (“Interest-based Advertising”) which may include sending you an ad on another online service after you have left the Service (i.e., “retargeting”).
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/ and http://www.aboutads.info/appchoices for information on the DAA’s opt-out programs. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). For more information about the NAI including how consumers can opt-out from receiving interest-based advertising from some or all of NAI's members, please visit http://www.networkadvertising.org/choices. Opting out of Interest-based Advertising will not opt you out of all advertising, but rather only Interest-based Advertising from us or our agents or representatives. Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser, or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
You may be able to refuse or delete cookies. If you refuse or delete cookies, some of our website(s) functionality may be impaired. If you change Devices or browsers, or use multiple Devices or browsers, and delete your cookies, you may need to repeat this process for each Device or browser. Please refer to your browser’s Help instructions to learn more about how to manage cookies and the use of other tracking technologies.
We may disclose your User information to: legal and regulatory authorities, our external advisors, parties who process User information on our behalf (“Processors”), any party as necessary in connection with legal proceedings, any party as necessary for investigating, detecting, or preventing criminal offenses; any purchaser of our business; and any third-party providers of advertising, plugins or content used on the Services.
We may disclose your User Information to other entities within the Company group, for legitimate business purposes (including operating the Services, and providing services to you), in accordance with applicable law. In addition, we may disclose your User Information to:
legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
outside professional advisors (such as accountants, auditors, or lawyers), subject to binding contractual obligations of confidentiality;
third party Processors (such as analytic providers; data centers; etc.), located anywhere in the world, subject to the requirements noted below in this Section 9;
any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defense of legal rights;
any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offenses that threaten harm to you, violence, or abuse, or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security;
any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation);
any relevant third party provider, where our Services use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, information about your activities on the Services and Channels to provide you targeted advertising based upon your interests may be shared with the relevant third party provider. If you click or tap on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria;
any sponsors of contests, competitions, sweepstakes and prize draws, or content offerings, the registration data for such events is to be used by us as part of User Information, and may be shared with the sponsor and others, subject to this Policy and the sponsor’s privacy policy.  We may also share your information with third party vendors involved in the administration of such events. For contests, competitions, sweepstakes and prize draws, please read the official rules or terms and conditions carefully before you submit your information; and
to third parties whose practices are not covered by this Privacy Policy (e.g., third party providers of goods and services, marketing and advertising companies and agencies, content publishers and retailers).  Under applicable law, we may share Other Information with other parties who already possess your Personal Information in order to enhance their records about you or enhance their ability to provide products and services.For some of our Services, we may make some information, such as the name of our users, their mailing address, phone number, email address—and in certain circumstances their employer’s name, company size and other industry data—available on a rental or other basis (e.g., sale) to third party providers of goods and services, for example, when such information is provided in connection with certain content available on our websites.  Depending on where you reside, when you register for certain Services, we may share the Personal Information you provide with certain advertisers and sponsors.Some of the Services may include websites that BidWizer operates on behalf of third parties (“Licensors”).  Where applicable, we may share some or all of your Personal Information with the Licensor; however, this privacy policy does not cover the user of your Personal Information by a Licensor.  The privacy practices of Everyday Health's Licensors may differ from this policy and we encourage you to contact those third parties directly if you have questions regarding their use of your Personal Information.  When you use a co-branded service (a service operated with a partner of Everyday Health), or register or otherwise provide information on a co-branded site, where applicable, we may pass the collected information back to that partner, which may include third party service providers whose services are embedded into and/or appear within the Services. With respect to surveys and quizzes, in the event that responses are publicly disclosed, users will be notified at the time they take the survey or quiz. Otherwise we will disclose only aggregate information regarding its users’ responses in surveys or quizzes to other participants in the survey. Where surveys or quizzes allow users to submit written comments, and where Everyday Health advises users of the possibility of such disclosure at the time they take the survey or quiz, Everyday Health reserves the right to disclose any information provided by users, provided that no User Information identifying a specific user is disclosed.BidWizer and some of our advertisers may use third party advertising service companies to serve advertisements, for OBA or otherwise, and perform related services when you interact with the Services. Often, these third party advertising companies employ cookies and other technologies to measure the effectiveness of website, app and email advertisements and to create a record of interaction with our content that they use in conjunction with their advertising which appears on other sites or applications, or for reporting website traffic, app use, statistics, advertisement data and/or other activities on the Services. We also engage third party providers to assist with the segmentation of this data.We may also sell or transfer Online Data to certain third parties such as advertisers who will use this data to serve ads that they believe are relevant to your interests, and who agree to maintain the confidentiality of this information. Some of these third parties may combine the Online Data with their own data about you to form a more detailed picture.We may engage third party providers to assist with the collection, storage and segmentation of Online Data and the providers are required to maintain the confidentiality of this information. These third party providers may collect User Information from our Services for their own purposes, such as to monitor fraud around the web.We may also engage third parties for the purpose of recognizing our users and delivering interest-based content and advertisements to them. We may share your User Information with our partners such as your name, postal address, email, or other identifier. Our partners may also: (i) collect information directly from your device, such as your IP address, device ID, advertising ID, and information about your browser or operating system; (ii) combine User Information about you received from Everyday Health with information about you from other sites or services; and (iii) place or recognize a unique cookie on your browser.If we engage a third-party Processor to Process your User Information, the Processor will be subject to binding contractual obligations to: (i) only Process the User Information in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the User Information; together with any additional requirements under applicable law.The Services contain links to other sites or partners whose information practices may be different from ours. You should consult the privacy policy of these third parties to learn how your privacy is protected.
G. Security and Retention
We maintain reasonable security procedures and technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, disclosure, alteration, or use. However, because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers, networks, or databases, and by using our Service you agree to assume all risk in connection with the information sent to us or collected by us when you access, visit, and/or use our Service, including without limitation your personally identifiable information, Personal Information, or other Registration Information, and we are not responsible for any loss of such information, or the consequences thereof.
We implement appropriate technical and organizational security measures to protect your User information. Please ensure that any personal information that you send to us is sent securely.
In certain instances we may use Secure Sockets Layer encryption and/or transfer certain User Information in a non-human readable format to provide protection. However, we cannot guarantee there will not be a breach, and we are not responsible for any breach of security or for the actions of any third parties.
H. Children’s Privacy
Interactions with us are intended for individuals 16 years of age and older. Our interactions are not directed at, marketed to, nor intended for, children under 16 years of age. We do not knowingly collect any information, including Personal Information, from children under 16 years of age. If you believe that we have inadvertently collected Personal Information from a child under the age of 16, please contact us at the address below and we will use reasonable efforts to delete the child’s information from our databases.
I. External Links
When interacting with us you may encounter links to external sites or other online services, including those embedded in third party advertisements or sponsor information, that we do not control. We are not responsible for the privacy practices and data collection policies for such third-party services. You should consult the privacy statements of those third-party services for details.
When interacting with us you may encounter links to external sites or other online services, including those embedded in third party advertisements or sponsor information, that we do not control. We are not responsible for the privacy practices and data collection policies for such third-party services. You should consult the privacy statements of those third-party services for details.
J. User Agreement
The User Agreement for interactions with us are incorporated by reference into this Notice.
K. Contact Info/Your Choices
If you have questions regarding this Notice, and to request please contact us at:
Email:
jmiles@BidWizer.com
Mail:
21305 Carina LaneCornelius, N.C. 28031
Note: Only inquiries involving this Privacy Notice or BidWizer’s collection, use, and/or management of your personal information should be sent to this email and/or mailing address. No other communication will be accepted or addressed.
If you've registered on any part of the Service, please use the mechanism or contact information on the Service that allows you to change or update your member preferences or information, if available, to keep all such data accurate and up to date. If no such mechanism or contact information is available on the Service, contact us as described above with your changes.
To opt-out of receiving promotional email messages from us, please click on the "Unsubscribe" link contained at the bottom of each email or by contacting us using the information above.
L. Your California Privacy Rights
This section applies to certain California residents and supplements (but does not replace) the Notice above. This section does not apply to the following information:
Information about individuals who are not California residents.
Information we collect in connection with providing individual consumers with a financial product or service (or in connection with a consumer seeking such financial products or services), such as by reviewing applications for financing. Such information is subject instead to our Financial Privacy Policy.
Information about our own employees, contractors, agents, and job applicants. Such information is subject to a separate privacy notice that we will make available to individuals.
Information we collect from individuals with whom we engage in solely business-to-business communications and transactions, including due diligence transactions, such as information about the employees of our business clients.
California Residents. In accordance with the California Online Privacy Protection Act, we may collect Personal Information about your online activities when you use the Services. California Civil Code Section 1798.83, permits our users who are California residents to periodically request and obtain certain information about any Personal Information disclosed to third parties for direct marketing purposes. If you are a California resident and wish to make such a request or if you wish for us to refrain from gathering your Personal Information, please submit your request in writing to the contact details set out in Section 17 below.
Pursuant to the California Consumer Privacy Act of 2018, below is a summary of the personal information we collect from consumers, the parties with whom we may have shared personal information for business purposes in the previous twelve (12) months, and the parties to whom we may have sold personal information in the previous 12 months. We do not knowingly sell the personal information of minors under 16 years of age.
Categories of Personal Information We Collect
Categories of Third Parties with Whom We Disclose Personal Information for a Business Purpose
Categories of Third Parties with Whom We Sell Personal Information
Identifiers, such as real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc.
Third party social network services
Our parents, subsidiaries, and affiliates
Marketing and advertising partners or providers
Public or law enforcement officials, as well as private parties involved in other legal process
Consumer credit reporting companies
Companies or other users to whom your data is shared at your direction
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Entities involved in a corporate transaction
Third party social network services
Data analytics providers
Consumer credit reporting companies
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Companies that create or receive sales leads
Personal information subject to the California Customer Records Act, such as signatures.
Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc.
Third party social network services
Our parents, subsidiaries, and affiliates
Marketing and advertising partners or providers
Public or law enforcement officials, as well as private parties involved in other legal process
Consumer credit reporting companies
Companies or other users to whom your data is shared at your direction
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Entities involved in a corporate transaction
Third party social network services
Data analytics providers
Consumer credit reporting companies
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Companies that create or receive sales leads
Characteristics of protected classifications under California or Federal Law, such as age, sex (including gender, gender identity, gender expression), citizenship, religion or creed, marital status, medical condition, pregnancy or childbirth, veteran or military status.
Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc.
Third party social network services
Our parents, subsidiaries, and affiliates
Marketing and advertising partners or providers
Public or law enforcement officials, as well as private parties involved in other legal process
Consumer credit reporting companies
Companies or other users to whom your data is shared at your direction
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Entities involved in a corporate transaction
Third party social network services
Data analytics providers
Consumer credit reporting companies
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Companies that create or receive sales leads
Commercial information, including records of personal property, product or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies.
Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc.
Third party social network services
Our parents, subsidiaries, and affiliates
Marketing and advertising partners or providers
Public or law enforcement officials, as well as private parties involved in other legal process
Consumer credit reporting companies
Companies or other users to whom your data is shared at your direction
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Entities involved in a corporate transaction
Third party social network services
Data analytics providers
Consumer credit reporting companies
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Companies that create or receive sales leads
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application or advertisement.
Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc.
Third party social network services
Our parents, subsidiaries, and affiliates
Marketing and advertising partners or providers
Public or law enforcement officials, as well as private parties involved in other legal process
Consumer credit reporting companies
Companies or other users to whom your data is shared at your direction
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Entities involved in a corporate transaction
Third party social network services
Data analytics providers
Consumer credit reporting companies
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Companies that create or receive sales leads
Geolocation data, such as approximate location of a Device or equipment based on geographical coordinates and measurements, including on company issued devices, company-controlled phones, etc.
Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc.
Third party social network services
Our parents, subsidiaries, and affiliates
Marketing and advertising partners or providers
Public or law enforcement officials, as well as private parties involved in other legal process
Consumer credit reporting companies
Companies or other users to whom your data is shared at your direction
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Entities involved in a corporate transaction
Third party social network services
Data analytics providers
Consumer credit reporting companies
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Companies that create or receive sales leads
Audio, electronic, visual, thermal, olfactory, or similar information such as CCTV footage, call recordings, web activity recordings, etc.
Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc.
Third party social network services
Our parents, subsidiaries, and affiliates
Marketing and advertising partners or providers
Public or law enforcement officials, as well as private parties involved in other legal process
Consumer credit reporting companies
Companies or other users to whom your data is shared at your direction
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Entities involved in a corporate transaction
Third party social network services
Data analytics providers
Consumer credit reporting companies
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Companies that create or receive sales leads
Professional, employment, or education information, such as job title, employer, business address and contact information, employment history, other professional information, or education history.
Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc.
Third party social network services
Our parents, subsidiaries, and affiliates
Marketing and advertising partners or providers
Public or law enforcement officials, as well as private parties involved in other legal process
Consumer credit reporting companies
Companies or other users to whom your data is shared at your direction
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Entities involved in a corporate transaction
Third party social network services
Data analytics providers
Consumer credit reporting companies
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Companies that create or receive sales leads
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc.
Third party social network services
Our parents, subsidiaries, and affiliates
Marketing and advertising partners or providers
Public or law enforcement officials, as well as private parties involved in other legal process
Consumer credit reporting companies
Companies or other users to whom your data is shared at your direction
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Entities involved in a corporate transaction
Third party social network services
Data analytics providers
Consumer credit reporting companies
Supplemental product providers, such as those who offer vehicle accessories, insurance, etc.
Companies that create or receive sales leads
Collection of the categories of personal information identified above may occur through one or more of the following sources:
From you, when you engage in certain activities such as: registering and/or setting up an account/profile to access BidWizer.com, BidWizer’s mobile application, or related BidWizer platforms and/or Service(s), and navigating and/or utilizing BidWizer’s website(s), mobile, and/or related Service(s), including by submitting User Content.
From third party social networking service(s) that you may have accessed, visited, and/or used that may be integrated with or linked to the Service(s).
From lead generation partners or sources.
From identity verification partners.
From entities that sell or share your personal information, including entities registered in California as data brokers.
From service providers who gather personal information from you or external parties who possess and/or process your personal information, once you grant the requisite right, power, and/or authority to those service providers to act on your behalf and gather and/or provide such data to us.
Through Local Device Storage (placing and/or storing code or other types of information and/or devices (e.g., "cookies") on your Device(s)) or Tracking Technologies (web beacons, web bugs, clear gifs, and similar technologies), as described in detail in Section B and F of this Notice.
The business and/or or commercial purpose(s) for which we collect the data identified above may include one or more of the following:
Auditing, such as auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
Debugging, such as debugging to identify and repair errors that impair existing intended functionality;
The occurrence of mergers and acquisitions, including in the event BidWizer undergoes a corporate reorganization such as a merger, acquisition, sale of part or all of its business, or other related event, in which data may be collected, used, or shared for the purpose of negotiating or completing such transactions;
Performing or improving services, such as maintaining or servicing accounts, providing customer service, facilitating communications between users, providing consumers with requested or personalized content, communicating with you about new features, products, or services, processing or fulfilling orders and transactions, tailoring the services that we offer to your needs; verifying your information, processing payments, providing financing, providing analytic services, or providing similar services on behalf of BidWizer;
Quality assurance, including undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by BidWizer, and to improve, upgrade, or enhance the Service or a device that is owned, manufactured, manufactured for, or controlled by BidWizer;
Security, such as detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and/or prosecuting those responsible for that activity;Short-term, transient use;
To communicate, advertise, and/or market BidWizer’s goods, products, and/or services, to show you content and sponsored messaging, to engage in interest-based advertising, to gauge the effectiveness of marketing campaigns, and/or for other marketing or advertising purposes;
To comply with legal or compliance requirements, such as compliance training, investigating and responding to legal claims, responding to law enforcement requests, or as otherwise required by law;
To conduct internal research, including undertaking internal research for technological development and/or demonstration and analyzing trends;
To help diagnose problems with our servers, to gather broad demographic information, track users' movements around the Service, and/or to otherwise administer the Service; and/or
To track geographic location, usage patterns, broad demographic information, and/or the movements of individual users.
Your Rights
California residents may exercise the following rights, subject to legal limitations and applicable secure sockets layer exceptions, via our Privacy Portal at https://privacyportal.BidWizer.com/ or by calling 800-920-6912.
Right to Know. You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, and the categories of third parties with whom we have shared or sold your personal information (“Categories Report”). You may also request information about the specific pieces of personal information we have collected about you (“Specific Pieces Report”).
Right to Delete. You have the right to request that we delete personal information that we have collected from you.
Right to Opt Out. You have the right to opt out of the sale of your personal information.In accordance with applicable law, we will not discriminate against you for exercising these rights.
Verification: In order to exercise your rights, we may need to obtain information to locate you in our records, verify that you are a California resident, and/or verify your identity depending on the nature of the request. If you are submitting a request on behalf of a household, we may need to verify each member of the household in the manner set forth in this section.
Please be aware there might be circumstances where we will not honor you request, as permitted under the CCPA. For example, if we are not able to verify your identity and/or that you are a California resident, we may not honor your access, deletion, or opt-out request. We will send a verification email that you must respond to in order for us to proceed with a Right to Delete or Right to Know request as part of the verification process. Additionally, we may not delete your personal information if an exception under the CCPA applies to your deletion request.
For a Specific Pieces Report, we may request data such as your name, email address, home address, and date of birth to verify your identity, along with a signed declaration, under penalty of perjury, that you are who you say you are. We may also request data such as the last four digits of your Social Security Number if you use BidWizer’s financing services.
For a Categories Report, we may request data such as your name, email address, and home address to verify your identity.
For a Right to Delete request, we may request data such as your name, email address, home address, and date of birth to verify your identity, along with a signed declaration, under penalty of perjury, that you are who you say you are. We may also request the last four digits of your Social Security Number if you use BidWizer’s financing services.
The verification information you provide must match the information currently associated with your BidWizer.com account. We may request alternative information under certain circumstances and will inform you if such information is needed in the verification process.
Authorized Agents: Authorized agents may exercise rights on behalf of consumers, but we reserve the right to also verify the consumer directly as described above. Authorized agents must use the Privacy Portal and upload documentation demonstrating the agent has authority to exercise rights on the consumer’s behalf. At a minimum, we will require evidence of the agent’s identity, proof of registration with the California Secretary of State, and at least one of the following evidencing proof of your legal authority to act on the behalf of the individual consumer:
Written authorization signed by the Consumer; or
Certified copy of a Power of Attorney granted under Probate Code.
Timing: We will process a Request to Opt Out within 15 business days. We will respond to Requests to Delete and Requests to Know within 45 calendar days, unless we need more time (in which case we will notify you), and may take up to 90 calendar days in total to respond to your request(s).
California Shine the Light: If you are a California resident, you may opt out of the sale or sharing your Personal Information with third parties for the third parties’ direct marketing purposes. Please contact us at privacyportal@BidWizer.com if you would like to do so.
TOTAL REQUESTS*
Request Type
Number of Requests
Total Delete Requests Received
Delete requests denied
Delete requests complied with in whole
Delete requests complied with in part
Median number of days to substantively respond
to Delete requests
Total Right to Know Requests Received
Right to know requests denied
Right to know requests complied with in whole
Right to know requests complied with in part
Median number of days to substantively respond
to Right to Know requests
Total Opt Out Requests Received
Opt out requests denied
Opt out requests complied with in whole
Median number of days to substantively respond
to opt out requests
Total Requests Received
*Metrics disclosed represents requests received from all individuals including California consumers.
If you don't agree to the terms contained in this User Agreement and Privacy Notice, you must immediately exit the Service.
Services
BidWizer includes a vehicle listing and information service that brings together buyers, sellers, lessors and lesees of new and used motor vehicles, and offers a secure private vehicle sales platform through which buyers, sellers, lessors and lesees of new and used motor vehicles can conduct vehicle sales and leasing transactions. The information on vehicles provided through these services and on the Site is supplied by the seller, including motor vehicle dealers, or other third parties; BidWizer is not responsible for the accuracy of such information. BidWizer provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. BidWizer is not a party to any transaction between vehicle buyers and sellers that occurs through the Site or that originates from information found on the Site. Vehicle prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
You may pay a fee for access to certain BidWizer services. For instance, one such fee is one hundred fifty dollars ($150.00) that the Seller is charged by BidWizer for the sale of a used motor vehicle by Seller, which sale is originated, conducted or closed through the use of BidWizer’s Site. All such fees are nonrefundable. We may change these fees at any time in our sole discretion. You shall be solely responsible for the payment of any taxes applicable to its payment for and/or use of such services, other than taxes on BidWizer’s income. Your obligation to pay the fees is unconditional and not dependent on level of promotion, number of ad impressions or exposures, sales, leads, or inspection outcomes. Following payment, you will receive such Platform services for the period of time specified at the time of purchase unless your listing is removed by you for any reason or by BidWizer due to an issue with your listing.FOR ALL PLATFORM-RELATED SERVICES, BIDWIZER IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. BidWizer does not hold or possess title for any vehicle listed for sale on our Site and BidWizer is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site.
Information about a particular vehicle is supplied by the seller, not by BidWizer, and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. BidWizer is not responsible for incorrect information given by buyers or sellers, including (i) information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles, and (ii) information about the identity, reliability or suitability of a buyer or seller. Vehicle History reports are provided for informational purposes only from an unaffiliated third-party vehicle report provider, and BidWizer is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper or any other private sales transaction.
BIDWIZER MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE “AS IS”. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. BIDWIZER DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. BIDWIZER DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.
Dealer Use of Restricted Services
If you are a car dealer listing vehicles using BidWizer’s Restricted listing services, you and your dealership’s access to and use of the Restricted services is subject to the Dealer Services Agreement.
Digital Millennium Copyright Act Compliance
BidWizer complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
1.
A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BidWizer to locate the material;
4.
Information reasonably sufficient to permit BidWizer to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5.
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6.
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of copyright infringement claims may be reached as follows:
BidWizer, Inc.
21305 Carina Lane
Cornelius, N.C. 28031
VIII. Terms & conditions of credit union members’ use of bidwizer platform(s)
By accessing or using this website, any of its pages and/or any of the services referenced herein, you accept and agree to be bound by the Terms of Service set forth below.
1. Arbitration agreement and waiver of right to bring collective action
You, BidWizer, Inc. (“BidWizer”) and Nova Federal Credit Union (“Nova”) agree to final and binding arbitration of all Claims (as defined in the Arbitration Agreement) before the American Arbitration Association pursuant to the written Arbitration Agreement (the “Arbitration Agreement”). PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT. THE AGREEMENT TO ARBITRATE ALL CLAIMS IS A CONDITION OF YOUR USE OF THE BIDWIZER WEBSITE AND/OR ANY OF THE SERVICES REFERENCED HEREIN.
2. Choice of law
Except as otherwise expressly provided in the BidWizer Arbitration Agreement (which applies the Federal Arbitration Act), the relationship between you, BidWizer and Nova are governed by the laws of the State of North Carolina without regard to its conflict/choice of law provisions.
3. Acceptance of terms
BidWizer, Inc. (“BidWizer,” “we,” “us,” or “our”), on behalf of Nova and its members, provides users with an online automotive information and car buying platform (Services). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services.
Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This website is controlled and operated on behalf of Nova by BidWizer from its offices within the United States. BidWizer makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
4. User conduct
You are authorized by BidWizer to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without BidWizer’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.
You agree not to modify the Services or use modified versions of the Services (except if modified by BidWizer), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by BidWizer on behalf of Nova and its members for use in accessing the Services.
5. Privacy
BidWizer is committed to respecting your privacy and protecting your personally identifiable information. Upon your request, BidWizer shares the information you enter on this website with participating dealers in order to provide you with the information you requested, and with other service providers that may be associated with the Services. BidWizer account data and certain other information about you and that you enter and/or we collect through your use of this website are subject to the BidWizer Privacy Policy. You understand that through your use of the Services, including this website, you consent to the collection and use (as set forth in the BidWizer Privacy Policy) of this information. Please review our Privacy Policy for further information on our data collection and use practices.
6. Services
All information provided on this website is for the purpose of information and facilitating your new or used vehicle purchase only. Information displayed through the Services related to any virtual vehicle you may configure, such as dealer cost, factory invoice, market average, or MSRP, either reflects or is based on available data relevant to your virtual vehicle and does not reflect the price at which a dealer may sell an actual vehicle consistent with your preferences. Any incentive offer that you may receive from vehicle manufacturers through your use of the Services is provided directly to you via the BidWizer website by that vehicle manufacturer, with no direct input from BidWizer. The terms and conditions of these incentive offers are determined by the applicable vehicle manufacturer, and not by BidWizer.
Neither the accuracy of information provided on this website, nor the availability, quality, or safety of vehicles, or any financing of or insurance relevant to those vehicles, is guaranteed or controlled by BidWizer.  BidWizer assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, financing, insurance and the like are not the responsibility of BidWizer and should be directed to the dealer or appropriate third-party vendor. For example, vehicle history reports and certain vehicle condition information has been provided by third-party vendors and providers, and BidWizer is not responsible for any errors, discrepancies, or mistakes in reports or information from that unaffiliated third party. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase of a vehicle or of other products or services. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to consumersupport@BidWizer.com.
By using the Services, you acknowledge and agree that participating dealers may not have in their inventory a vehicle that exactly matches any virtual vehicle you may have configured on the website, and certain models or configurations may not be available. Your dealer will confirm vehicle availability through BidWizer’s reverse auction process, including available options and colors, from actual inventory. Each dealer sets and controls its own pricing.
For the avoidance of doubt, BidWizer is solely a platform to allow you to search and potentially purchase a new or used vehicle from a participating dealer. BidWizer is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. BidWizer receives a fee from the participating dealers or third-party service providers in connection with the Software Services.
7. No commercial use of services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
8. Right to deny access and to modify the services
BidWizer reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. BidWizer also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that BidWizer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
9. Indemnification
You will indemnify, defend and hold harmless NOVA Credit Union, BidWizer and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “BidWizer Entities”) from all claims, whether actual or alleged (collectively, “Indemnified Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Indemnified Claim against a BidWizer Entity, subject to such BidWizer Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Indemnified Claims against a BidWizer Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a BidWizer Entity without its prior express written consent. BidWizer indemnifies and holds harmless, NOVA Credit Union, from any and all claims, suits, and other actions from its members arising from such members’ use of the Services.
10. Disclaimer of warranties
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, BIDWIZER DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIDWIZER OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. NEITHER BIDWIZER NOR NOVA IS RESPONSIBLE FOR MAKING REPAIRS TO ANY VEHICLE. IF YOU HAVE COMPLAINTS OR CONCERNS ABOUT DEFECTS OR REPAIRS, PLEASE CONTACT THE DEALER OR MANUFACTURER DIRECTLY.
11. Limitation of liability; waiver
IN NO EVENT SHALL THE BIDWIZER ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE BIDWIZER ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
12. Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Notice
BidWizer may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that BidWizer will have no liability associated with or arising from your failure to maintain and supply BidWizer with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
14. Trademark information and intellectual property
You agree that all of BidWizer’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of BidWizer, and that you will not display or use any of the foregoing without BidWizer's prior written approval in each instance.
You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of BidWizer. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
15. Copyright or intellectual property complaints
BidWizer respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
a description of where the material that you claim is infringing is located on our website;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:
Copyright Agent
BidWizer, Inc.
P.O. Box 77048
Charlotte, NC 28271
16. General information
These Terms of Service may be amended from time to time without notice in BidWizer’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and BidWizer and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and BidWizer with respect to the Services. You agree that no agency relationship is created between you and BidWizer as a result of these Terms of Service or your access to and/or use of the Services. The failure of BidWizer to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms of Service to ConsumerSupport@BidWizer.com Questions regarding these Terms of Service should be sent to Legal@bidwizer.com
17. Motor vehicle trade-in
Trade service
Through BidWizer’s Trade-In service, upon truthfully providing the requisite information on the website regarding your trade-in vehicle, you will receive a “cash value” for your trade-in vehicle based upon the specific information you provide. By accessing this service, you agree to truthfully answer all questions presented on the BidWizer website regarding the condition of your trade-in vehicle. This “cash value” is generated based on the information you provide, therefore if the information is not accurate or correct, the trade-in value may be adjusted, and your trade-in may be subject to a difference in trade-in value, and you may be responsible for the difference. Neither BidWizer nor Nova endorse or stand liable for the stated “cash value” of your trade-in vehicle.
With regard to your trade-in, you must disclose:
a.
If the motor vehicle is or previously was a NON-USA vehicle
b.
Frame/unibody damage
c.
Body damage
d.
Engine noise
e.
TMU- True Mileage Unknown
f.
Title Issues/brands
g.
Drivetrain issues
h.
Flood Damage
i.
Whether your trade-in was the subject of a Lemon Law claim
Pre-owned Vehicle Return Policy
a.
If the condition of a pre-owned vehicle purchased by a consumer is materially different from the condition of the vehicle as represented by the Dealer, or, if when the member took delivery of the vehicle, there existed a condition that materially and detrimentally affected the operation of the vehicle, the consumer may be able to return the vehicle. In order to do so, the member must contact BidWizer at 800-920-6912 (Monday-Saturday 8 am-10 pm ET), or via email at support@BidWizer.com, within seven (7) days of the member’s receipt of the vehicle. The member cannot have driven the vehicle more than two hundred (200) miles from the date of its delivery. BidWizer goes to great lengths to prevent unwinding any deals made through its Platform(s). Therefore, any time there is a request to return a pre-owned vehicle, BidWizer will gather information concerning the issue from Dealer and consumer and act as an intermediary in resolving the matter to the satisfaction of both Dealer and consumer.
b.
BidWizer makes no representations or guarantees on any vehicle sold, leased or offered for sale or lease by either Dealer or Consumer. BidWizer is not a party to the contract for the sale or lease by Dealer, or purchase of a motor vehicle by Dealer.
F&I Products
F&I products include Vehicle Service Contract (VSC), tire and wheel insurance, and key fob insurance. You may purchase these products through Bidwizer’s Platform.
Last updated on and effective as of July 25, 2024
BidWizer, Inc.
21305 Carina Lane
Cornelius, NC 28031
Telephone: (800) 920-6912
Email: consumersupport@BidWizer.com