Terms of Service
Welcome to Quiet Car Bids
These Terms of Service (the "Terms") govern your access to and use of the Quiet Car Bids Services, as defined below as the "Services." Please read them carefully before using the Services. If you do not agree to all the terms of this agreement, then you may not access the platform or use any service.
Quiet Car Bids is a platform located at quietcarbids.com, hereby acting as an intermediary to facilitate the connection and communication between buyers and sellers.
By visiting our platform and/or purchasing something from us, you engage in our “service” and
agree to be bound by the following Terms. These Terms apply to all users of the Platform
(website and App), including without limitation users who are browsers, affiliates, service
providers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current platform shall also be subject to the
Terms. You can review the most current version of the Terms at any time on this page. We reserve
the right to update, change or replace any part of these Terms by posting updates and/or changes
to our website. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the platform following the posting of any changes constitutes
acceptance of those changes.
Using Quiet Car Bids - your commitments
To ensure good functioning, and in exchange for such services, we require that you commit to the following, notably when accessing and using our Platform and Services:
You must be a human. Use of the Platform by “bots” is not permitted.
You agree to these Terms and the Privacy Policy as an individual, or for your company, if You are using our Platform as a single entity.
If You have communicated your sign in to your account to a third party, or your Platform access code, voluntarily or involuntarily, you will be entirely responsible for any decisions that the third party may make on your behalf from Platform. Quiet Car Bids is not responsible for the actions of third parties, which will be deemed to be your actions. Your use of the Platform is at your sole risk. Platform is provided on an “as is” and “as available” basis, and we will not be liable for failure to deliver or transmit any information from your account, which is your sole responsibility.
Any decision you make via Platform is permanent. This means that once you have chosen to delete your content and/or to transfer it to a storage service, we cannot retrieve your content or transfer it back to the account it came from. Therefore, we invite you to carefully evaluate all the requests you make with Platform. We decline any responsibility in the event you regret any such request.
If you send us any question, comment, suggestion, enhancement, idea, and other information regarding the Platform, we will be entitled to use and disclose them without any restriction, whether commercial or not, free-of-charge.
You must use the Platform fairly, in accordance with this Agreement, applicable laws and regulations, including intellectual and industrial property laws. Platform may contain elements, materials and content copyrighted and/or protected by patent and/or intellectual property laws.
Platform, trademarks, designs, models, images, texts, photos, logos, graphic charts, software and programs, databases, sounds, videos, domain names, designs or any other element composing the application, with the exception of your accounts, are the exclusive property of Quiet Car Bids and are protected by any intellectual or industrial property right recognized by the laws in force.
Consequently, Quiet Car Bids cannot be held liable for the sole fact of the use of our services by you.
You should not use the Platform in violation of this Agreement, applicable laws and/or third party rights. If you do, we can suspend the use of the system and close your account. We can also communicate all necessary information to the competent services in charge of the repression of offenses.
Acceptable use
You shall not
(a) provide System passwords or other log-in information to any unauthorized third-party;
(b) share nonpublic System features or content with any third-party;
(c) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas; or
(d) engage in web scraping or data scraping on or related to the System, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.
If Quiet Car Bids suspects that you have violated the requirements of this section, we may suspend your access to the System without advanced notice, in addition to other remedies we may have.
Quiet Car Bids is not obligated to take any action against you or any other System user or other third party for violating this Agreement, but we are free to take any such action it sees fit.
Code of Conduct
The User acknowledges and agrees that:
The User is responsible for his or her published content’s compliance with the requirements of the current law of the USA, including without limitation CAN-SPAM Act, including the personal copyright intangible and tangible rights and other intellectual rights of third parties, and/or encroaches on their property;
Quiet Car Bids has the right (but not the obligation) to deny, at its discretion, the User’s ability to post and/or distribute the content made available through the Service;
Users must solely evaluate all risks associated with the use of content, including an evaluation of the reliability, completeness, or usefulness of this content;
Users are solely liable to third parties for his or her actions related to the use of the Service, including when such actions result in a violation of the rights and legitimate interests of third parties, as well as for compliance with current law when using the Service;
It is prohibited to publish and/or distribute content that:
is illegal, malicious, and/or slanderous;
constitute unsolicited commercial email or unsolicited bulk or spam email;
offends morality or exploits influence resulting from fear or superstition;
exploits the trust of a party and his or her lack of experience or knowledge;
demonstrates (or promotes) violence and cruelty, criminal and/or terrorist actions,
disfigured bodies, injuries, death, diseases, unaesthetic and disgusting images;
violates intellectual property rights;
promotes hatred and/or discrimination against people by race, ethnic, sexual orientation, religious, social views and beliefs, eye color, age, property status, national or social origin, etc.;
Contains insults to any person or organization, denigrates, denounces or derides another person, his or her activity, name (company), goods or services, trademarks;
contains elements (or promotes) pornography, child erotica, adult content in content for family viewing, or advertises marriage services;
may lead to exploitation or pose a threat to minors;
advertises high-risk investments or impossible ‘get-rich-quick’ schemes;
promotes illegal activities;
explains the procedure for manufacturing, consuming, or otherwise using narcotic substances or their analogs, as well as explosives or other weapons;
advertises prescription or digital narcotic drugs, online pharmacies;
contains malware, phishing, or spam;
misleads or contains inaccurate or deceptive information, false promises or fraud;
offers products or services that predict the future;
contains opinions and positions (endorsements) of celebrities without their consent, and/or depicts, uses, or otherwise mentions any individual (as a private person or as an official) or his or her property without the consent of such individual;
contains obscenities (including “F-words”) and/or hate speech;
creates a fake sense of urgency in the text or image that calls the visitor to action;
contains fake consumer reviews and/or their imitation;
Company may reconsider abovementioned prohibitions on a case-by-case basis subject to User’s request and only if there are no express prohibitions by a competent government agency and all legally established conditions are met;
Quiet Car Bids reserves the right to deny, at its discretion, the User to publish and/or distribute the content and/or delete such content available through the Service without providing any justification.
Your data
"Your Data" means any data and content stored or transmitted via the Services by or on behalf of you. This includes messages you send, files you upload, comments on files, and anything else you enter or upload into Quiet Car Bids.
You are solely responsible for your conduct, the content of your Data and your communications with others while using the Services. For example, it's your responsibility to ensure that you have all rights and permissions needed to comply with the Agreement and to avoid infringement or violation of any rights of others.
You acknowledge that Quiet Car Bids has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services.
Nothing in the Agreement will restrict Quiet Car Bids from collecting, using and analyzing general information and data from its customers (including you) in an aggregated manner for purposes of improving and enhancing the quality and nature of Services, or to market or publish general information and statistics, provided that Quiet Car Bids does not specifically identify You or disclose publicly any personally identifiable information in the course of collecting, using, analyzing, marketing or publishing that information or data. Additional information about what we do with Your Data and how we collect and use other information relating to You and Your use of the Services is explained in our Privacy Policy.
Quiet Car Bids will implement appropriate technical and organizational measures designed to protect Your Data in accordance with “Applicable Data Protection Laws”, which mean the relevant data protection and data privacy laws, rules and regulations to which the Customer Personal Data are subject. “Applicable Data Protections Law(s)” shall include, but not be limited to, the California Consumer Privacy Act of 2018 (“CCPA”), and the General Data Protection Regulation (EU 2016/679) (the “GDPR”). To the extent that Quiet Car Bids may process Your Data on your behalf that includes personal data (as defined by Applicable Data Protection Laws) pursuant to the Agreement, each Party will comply with the obligations set forth in this Data Processing Agreement, which is incorporated by reference into these Terms.
Seller acknowledgment
If you or any other user submits a vehicle or other product or service to sell on the Platform, and we accept such vehicle, product or service, then you, or such other user, are considered a “Seller” on the Platform. You are responsible in all respects for the user content and any other information related to any vehicle, product or service you decide to sell. You are also fully responsible in all respects for consummating the transaction with the applicable Buyer in accordance with the Agreement.
In the event a user accesses or uses our services to sell a vehicle or other product or service as a “seller,” any such user hereby acknowledges and agrees that following publication and for the period that such seller’s listing is made available on or through the platform, such seller may not list, post or otherwise make available the applicable vehicle or other product or service on any other auction, dealership, or listing service. Furthermore, each seller hereby acknowledges and agrees that at any time following publication, the Seller’s listing may be removed by quiet car bids (in our sole discretion).
Buyer acknowledgment
Each Buyer acknowledges and agrees that (i) the Buyer fees associated with each bid submitted via Platform are binding and thus due and payable to Quiet Car Bids in accordance with the Agreement, and (ii) Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via Platform. If you decide to bid on a vehicle that has been listed by a Seller on the Platform, you acknowledge and agree that your bid constitutes the first non-binding step in expressing your interest to a Seller in the listed vehicle and does not in and of itself create a formal contract between you as the Buyer and such Seller. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a formal contract. This contracting is outside of the scope of this Agreement and the Quiet Car Bids, neither of which binds the parties to each other. Buyer’s responsibility for any shipping or delivery fees shall be set forth in the formal agreement between the applicable Seller and Buyer.
We do not inspect any vehicles or any other goods that a Seller lists on the Platform. You acknowledge and agree that Quiet Car Bids bears no risk associated with purchasing a vehicle from a Seller listed via Platform.
Bidding for a vehicle
As a Buyer you agree in regard to each bid submitted for an auction lot:
Your bid is a legally binding obligation on you, that if your bid is successful and achieves any reserve required by the Seller (unless the reserve is waived by the Seller), you must pay our fees; and you are making an irrevocable offer to purchase that auction lot and you must pay to the Seller the final amount of your highest bid; and you cannot withdraw your bid;
It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a sale contract for an auction lot;
If you as the successful Buyer fail to complete the purchase of the auction lot (including failing to pay to the Seller the final amount of your highest bid within the timeframe agreed with the Seller) for any reason other than the default of the Seller, you will be obliged to pay the fees to Quiet Car Bids;
If your bid is successful, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, you will pay to the Seller the final amount of your highest bid within 7 working days of the auction ending unless otherwise agreed with the Seller. If you do not make payment in full to the Seller within the 7 working days, or within the timeframe agreed with the Seller, subject to satisfying the legal prerequisites, the Seller may have a statutory right to rescind the sales contract whereby you will lose the right to purchase the auction lot and the fees paid and payable to Quiet Car Bids will not be refundable.
Quiet Car Bids may at its discretion remove any bid made by a Buyer bidding for an auction lot if:
You have not provided us with a valid payment method for our fees, either because we could not pre-authorize your payment card, or for any other reason;
You have made a clear typographical error;
We believe the Seller is bidding for the relevant auction lot, or we believe you are bidding on behalf of the Seller; or
You did not pass one or more of the background checks undertaken by us or Stripe (acting on our behalf) we have made on you.
You warrant that the funds you use for your purchase of an auction lot, and the payment of our fees, have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist financing.
IP Rights
Information and content accessible through the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share any information or content unless you have the right to do so. You, not Quiet Car Bids, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services, or use the Services to spam others.
You acknowledge that, as between you and Quiet Car Bids, Quiet Car Bids owns and retains all rights, title and interest in the Intellectual Property Rights in the Services. You own and retain all rights, title, and interest in the Intellectual Property Rights in Your Data. “Intellectual Property Rights” means: (i) copyrights and other rights associated with works of authorship; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models, and other industrial property rights, and all improvements thereto; and (v) all registrations, applications, renewals, extensions, continuations, divisions, or reissues now or in the future.
You, and not Quiet Car Bids, are responsible for maintaining and protecting all of Your Data. Quiet Car Bids will not be liable for any loss or corruption of Your Data, or for any costs or expenses associated with backing up or restoring any of Your Data.
If any information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.
The Services are subject to the trade laws and regulations of the United States and other countries, including the Export Administration Regulations (EAR, 15 CFR Part 730 et seq.) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC, 31 CFR Part 500).
You will not import, export, re-export, transfer or otherwise use the Services in violation of these laws and regulations, including by engaging in any unauthorized dealing involving (i) a U.S. embargoed country (currently Cuba, Iran, North Korea, Sudan and Syria), (ii) a party included on any restricted person list, such as the OFAC Specially Designated National List, or the Commerce Department’s Denied Persons List or Entity List, or (iii) the design, development, manufacture, or production of nuclear, missile, or chemical or biological weapons. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
You will not engage in an activity that would cause Quiet Car Bids to be in violation of these laws and regulations, and will indemnify Quiet Car Bids for any fines, penalties or other liabilities incurred by Quiet Car Bids for your failure to comply with this provision.
Suspension of service
If Quiet Car Bids determines in its sole discretion that you or any of your authorized users have violated any element of these Terms of Service, you or your Authorized Users’ access may be immediately suspended or terminated, up to and including the termination of the Agreement by Quiet Car Bids, with or without notice. Quiet Car Bids shall not be liable for any damages of any nature suffered by any user, or any third party, resulting in whole or in part from Quiet Car Bids’ exercise of its rights under these Terms of Service.
Payment and fees
(a) Payment of Fees.
You agree to pay any applicable fees (including any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees and Seller listing fees set forth on our platform in connection with bids or for any purchases you make of any products, features and/or services (“Purchases”) listed on the platform, including, without limitation, any applicable sales, uses or similar taxes or charges.
Payments made by you to Quiet Car Bids shall be facilitated through Stripe, Inc. All information that you provide in connection with a Purchase (including any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees and Seller listing fees) must be accurate, complete, and current. You agree to pay all charges incurred by any users of your credit card, debit card, or other payment method used in connection with a Purchase on the Platform at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes, if any, relating to any Purchase.
Prices listed for vehicles or any other products such as memorabilia listed by Sellers on the Platform are set by the Sellers and Quiet Car Bids is not responsible for setting or negotiating any prices or related fees. Listed prices set by the Sellers on the Platform may exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law. A Seller may add any or all of the foregoing or any other taxes and fees to the listed price when calculating the final sale price to charge a Buyer.
(b) No Refunds.
All Purchases made from a Seller using our service are between the applicable Buyer and Seller; for that reason, in the event you seek a refund related to a Purchase or have any questions, you must directly contact the applicable Seller.
Prohibited activities / termination
By using our application, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
Cheats
Do not lie, hack, cheat, scam, or mislead other users.
Do not harass, abuse, or commit misconduct against users.
Do not use methods that are not expressly authorized by the company to influence and/or promote any errors in the system.
Bots
Shall mean the use of any code and/or software that is not expressly authorized by the company to allow automatic control of the system or any other functions of the platform.
Hacks
Access or modify the platform software in any way that is not expressly authorized by the company; and/or any code and/or software that is not expressly authorized by us that can be used to change platform and/or any of its components or functions.
Automated systems
Do not use automated systems that could hack or mod the system. This includes data mining tools, robots, and other extraction tools used in most cryptocurrency mining.
Data Mining
Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform; provided, however, that Company, at its sole and absolute discretion, allows the use of certain third-party user interfaces.
Duplicated Items
Create, utilize or transact in any item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.
Unauthorized Connections
Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by the Company.
Share
Allow another party/person/entity access to your account information, or otherwise share your account.
Transfers
Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.
Copyright complaints
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to support@quietcarbids.com.
To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
• 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.
Termination of the service
Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and the smart contract (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site, the app and the smart contract or delete your account without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Errors, inaccuracies and omissions
Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
Account security
You are responsible for keeping the password that you use to access the Services secure and you agree not to provide your password to any third party. You are responsible for all activity using your account, whether authorized by you. Accordingly, you should notify Quiet Car Bids immediately of any unauthorized use of your account. You acknowledge that if you wish to protect your data when you are transmitting it to Quiet Car Bids, other than via the Quiet Car Bids Services, it is your responsibility to use a secure encrypted connection to do so.
Eligibility
Our services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the services or provide information to us.
By accessing or using the services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the services.
Warranties
Quiet Car Bids warrants that: (i) it will perform the Services under the good commercial practices; (ii) it will provide the Services in a professional manner, consistent with recognized industry security standards; (iii) it will comply with all applicable law, and be duly licensed and otherwise authorized to provide the Services; and (iv) it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.
Customer warrants that it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.
With the exception of those express warranties made in this section, to the maximum extent permitted by law, Quiet Car Bids disclaims all warranties whether express, implied or statutory.
Indemnification
Except to the extent prohibited by applicable law, you are responsible for your use of the Service, and you will defend and indemnify Quiet Car Bids and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Quiet Car Bids Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (i) your unauthorized use of, or misuse of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Limitation of Liability
To the fullest extent permitted by law, in no event will quiet car bids, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether quiet car bids has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. The aggregate liability of quiet car bids to you, any affiliate or any third party for all claims relating to the services or connected with the agreement, regardless of the damage’s theory, will not exceed $200 (two hundred dollars). The limitation of liability provided in this paragraph will apply in the aggregate to you and your affiliates and shall not be cumulative. The parties acknowledge and agree that the purpose of this paragraph is to provide for the allocation of risk and limit potential liability given the fees paid, which would have been substantially higher if we were to assume any further liability than provided for herein.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you. In those jurisdictions, Quiet Car Bids’ liability will be limited to the greatest extent permitted by law.
In addition, Quiet Car Bids and its authorized personnel may require access to Your Data or account for the purposes of assisting you with any step of your account setup or any other troubleshooting, including obtaining email connectivity. Neither Quiet Car Bids nor any of its employees will be liable in cases where this access exposes us to your private data, including prospect info and email metadata and content. By using Quiet Car Bids, you agree to permit Quiet Car Bids representatives these permissions only when circumstances necessitate it. We reserve the right to assist in these ways when needed and will keep information confidential as per our Privacy Policy.
Modifications
We may revise these Terms from time to time and the most current version will always be posted on our platform. We will notify you of any change (for example, via email to the email address associated with your account or by a notification when you sign in or by some other method). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, simply don't use the Services after the change is effective, in which case the change will not apply to you.
Miscellaneous
- Governing Law: This Agreement will be governed by the laws of Florida, without giving effect to the principles of conflict of law.
Contact information
Questions about this agreement should be sent to us at
info@quietcarbids.com