Terms of Service
Last Updated: April 17, 2024
1. Introduction
Welcome to Cardaddy LLC ("Cardaddy," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, mobile application, and automotive auction services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.
If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Account Registration
To access certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.
4. Auction Services
4.1 Listing Vehicles
When listing a vehicle for auction, you represent and warrant that:
- You have the legal right to sell the vehicle
- The vehicle information provided is accurate and complete
- You will fulfill your obligations as a seller if your vehicle is sold
4.2 Bidding on Vehicles
When bidding on a vehicle, you represent and warrant that:
- You intend to complete the purchase if you are the winning bidder
- You have the financial means to complete the purchase
- You will not engage in bid manipulation or other fraudulent bidding practices
4.3 Fees and Payments
Our fee structure is outlined on our Pricing page. By using our Services, you agree to pay all applicable fees. All fees are non-refundable unless otherwise specified.
For sellers, we may collect a listing fee, a successful sale fee, or both. For buyers, we may collect a buyer's premium or other fees as specified at the time of purchase.
5. User Conduct
You agree not to use our Services to:
- Violate any applicable law or regulation
- Infringe the rights of any third party, including intellectual property rights
- Engage in fraudulent, deceptive, or misleading practices
- Harass, threaten, or intimidate other users
- Interfere with the proper functioning of our Services
- Attempt to gain unauthorized access to our systems or user accounts
6. Intellectual Property
Our Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by Cardaddy or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as incidental to normal use of the Services.
7. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CARDADDY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
9. Indemnification
You agree to defend, indemnify, and hold harmless Cardaddy, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
10. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, in each case located in the City of Cadillac and County of Wexford. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes.
12. Termination
We may terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Cardaddy LLC
Email: legal@cardaddy.com
Phone: (844) 771-0023
Address: Cadillac MI, 49601