visitor agreement

Welcome to motobidia.com, a service of Motobidia, LLC ("Motobidia," "we" or "us"). By using this service, you agree to abide by the terms of this Visitor Agreement and Privacy Policy. These are legally binding agreements between you and Motobidia; please read both agreements carefully.

Motobidia.com is an online automotive auction site and service of direct sales of motor vehicles to consumers at discounted prices.

Motobidia respects the privacy of its users. Please take a moment to review our Privacy Policy.

We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to which you object, along with an explanation of your objection, to our Customer Support Team via email.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending an email, or by sending a notice by U.S. Mail to: Customer Support Team, Motobidia, LLC, 561 Windsor Street, Suite A205, Somerville, MA 02143.

Motobidia reserves the right to change the terms of this agreement as we see fit. By continuing to use this website following such changes, you agree to be bound by this agreement, as modified. Motobidia may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time.

Non-residents of the Commonwealth of Massachusetts will be completely responsible for all home state-specific registration charges, fees, taxes and assessments arising out of the purchase of vehicles in which you participate through motobidia.com.

Motobidia.com sales are governed by the Massachusetts Used Vehicle Warranty Law, which protects consumers who buy used vehicles from a dealer or private party in Massachusetts (M.G.L. c.90 §7N ¼).

Motobidia requires users to register if they wish to use many of the online features or to access much of the information available on the motobidia.com site. For example, registered users can access motobidia.com features to view upcoming vehicle auctions, get detailed information about them, create search agents and receive email notifications when vehicles matching their search criteria become available, and participate in vehicle auctions of their choice. Particular features of the Service may have their own purchase policies and/or terms of service; by using these features, you agree to be bound by their terms.

We hope that the information we provide on the motobidia.com site will be helpful to you; however, despite our efforts to provide useful and accurate information, errors may appear from time to time. Due to the nature of our Service, we rely on third parties for the accuracy of our content and level of detail, and as such information listed on our site is "AS IS." Motobidia is not responsible for nor does it guarantee the accuracy or reliability of any information available on motobidia.com or through any feature of motobidia.com.

Motobidia's online bidding module allows registered users to participate, on a virtual basis, in vehicle auctions held on motobidia.com. This feature lets you bid on vehicles at auctions you are restricted from physically attending. While we make every effort to ensure that this Service will be available to you throughout the auction, we cannot guarantee the uninterrupted performance of the Service we provide. In order for you to participate in motobidia.com auctions using the online bidding feature, you will need to provide Motobidia with certain information, including your name, billing and shipping address, phone number(s), and email address. If you do not wish to provide this information, you will not be able to use this feature.

In addition, in order to purchase a vehicle using the online bidding module, you will need to provide your username and password. You are solely responsible for maintaining the confidentiality of your username and password, and are responsible for all activities that occur under these credentials.

By using the online bidding module, you agree to be bound by any terms and conditions, including the purchase policies of such auction. These terms and conditions may include, but are not limited to, terms regarding payment of all amounts when due and restrictions regarding the availability of such vehicle. The additional terms and conditions and/or purchase policies will be posted or linked to on the online bidding module or available through the auction that you are virtually attending. Please read these additional terms and conditions and purchase policies.

Our online bidding module allows registered users to purchase cars online in a competitive bidding environment. These features let you view digital images of the cars for sale and to view text descriptions of the vehicles and their condition where available. Vehicle information is provided by third party sellers; before bidding on or purchasing any vehicle via motobidia.com, you should consider the fact that Motobidia is not responsible for nor does it guarantee the accuracy or reliability of any information available on motobidia.com or through any feature of motobidia.com.

Our My Account feature is a service within motobidia.com that allows members to:

  • View and edit account details
  • View and run vehicle search agents
  • Customize email notifications relating to saved search agents
  • View and edit their vehicles watch list
  • View invoices for vehicles purchased
  • Make online payments for vehicles purchased
  • Track real-time vehicle shipping status for vehicles in transit

As part of the Service, Motobidia will be sending registered users several different types of notifications via email. They will be all clearly marked as coming from motobidia.com and will contain important information and will document registered users' activity on our site. The following list contains the essential types of emails you should expect to receive from us:

  • Your New motobidia.com Account email - contains a link that will allow you to complete registration
  • Account Password Reset email - contains a link that will allow you to complete the process of resetting a forgotten password
  • Bid Confirmation email - documents your bid on motobidia.com and lists the vehicle you bid for along with the amount of your bid
  • Outbid Notification email - notifies you in the occasion you get outbid by another auction participant
  • End of Auction Notification email - notifies you that the auction you took part in has ended with or without you as the winner; it also includes information about making a security deposit
  • Payment Required/Payment Received/Shipping

Because email messages can be unexpectedly delayed or undeliverable, we cannot guarantee the delivery or timeliness of any email notifications you request. Additionally, you should add our primary email address email used for all communication with our users to your safe email list, and/or address book, and/or spam filters.

Other Registered User Features. Motobidia may add additional features or functionality to the site in the future. As is the case with many of the current features on the site and as may be the case with future features, you may be subject to additional terms and conditions that specifically apply to your use of those features or your purchase or use of products or services available through those features. Such additional terms and conditions will be posted or linked to on the site in the area where you access the feature. By using these services or features you agreed to be bound by any additional terms and conditions that may apply to the applicable feature.

For your convenience, motobidia.com contains links to other websites, including websites promoting automotive products and services that are not operated by Motobidia. Motobidia does not control these websites and is not responsible for the content, products or services available through these sites. The existence of links from Motobidia.com to these sites should not be construed as an endorsement of any of the content, products or services appearing on such sites or as implying an association between Motobidia and the operators of these sites. By using these third-party websites you may be agreeing to their terms or visitor agreements. You release Motobidia and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your use of these third-party sites or from your purchase or use of any third-party provided product or service.

The materials on motobidia.com are the property of Motobidia, LLC or its licensors, and are protected by U.S. copyright laws, international conventions and other copyright laws. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on motobidia.com. You may not use automated means, such as robots, screen scrapers, or spiders, to collect and/or index any information contained on motobidia.com. You may display and occasionally print a single copy of any page on the site for your own use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, or distribute copies of, materials found on this site, in any form (including electronic means), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on motobidia.com should be sent to our Team via email at info@motobidia.com or via snail mail to Motobidia, LLC 561 Windsor St, Suite A205, Somerville, MA 02143.

You are free to establish a hypertext link to the home page of the motobidia.com site, located at www.motobidia.com, as long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by motobidia.com. However, without the prior written permission of motobidia.com, you may not frame any of the content of motobidia.com, nor incorporate into another website or other service any intellectual property of motobidia.com or its licensors. Requests for permission to reproduce or distribute materials found on motobidia.com should be sent to our Team via email at info@motobidia.com or via snail mail to Motobidia, LLC 561 Windsor St, Suite A205, Somerville, MA 02143.

Motobidia.com is a registered trademark of Motobidia, LLC. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on motobidia.com without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2006 Motobidia, LLC and/or its licensors. All rights reserved.

You agree not to use motobidia.com to violate the copyright, trademark, or other intellectual property rights of any person or other entity.

IF YOU RELY ON THIS SERVICE OR ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SERVICE, INCLUDING WITHOUT LIMITATION, ANY VEHICLE AUCTION INFORMATION CONTAINED IN THE MY ACCOUNT SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL, INFORMATION, AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE.

THIS SERVICE IS PROVIDED TO YOU "AS IS." MOTOBIDIA AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE (OR ANY INFORMATION OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS SERVICE). NOR DO WE OR THEY GUARANTEE THAT THE SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL MOTOBIDIA OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, ADVERTISED OR PROMOTED ON MOTOBIDIA.COM, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MOTOBIDIA AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO MOTOBIDIA FOR USE OF THE SERVICE.

To obtain access to certain motobidia.com services and features, you will be given an opportunity to register with motobidia.com. As part of the registration process, you will select a user name in the form of your current email address and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person or entity; If Motobidia has reasonable grounds to suspect that information you provide as part of your registration is untrue, inaccurate, not current or incomplete, Motobidia has the right to suspend or terminate your account and refuse any and all current or future use of our services and features (or any portion thereof). You are solely responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account. You agree to ensure that you exit from your account at the end of each session. If you discover or suspect any unauthorized use of your password or account or any other breach of security, you agree to immediately notify Motobidia's Team at info@motobidia.com. Motobidia is not responsible for any loss or damage arising from your failure to protect or to keep confidential your password or account information.

By using the motobidia.com site and its features and services, you agree not to engage in any type of data scraping or spidering with regard to the site. You agree not to use the site or the motobidia.com service or features to gather email addresses for purposes of spamming.

We reserve the right to deny access to the motobidia.com website, or any service or feature provided via the motobidia.com website, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.

This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the Commonwealth of Massachusetts. By using this service, you consent to the exclusive jurisdiction and venue of the state and federal courts in Middlesex County, Massachusetts in all disputes arising out of or relating to this Agreement or use of this website. Motobidia may cancel or terminate your right to use any motobidia.com service or feature at any time without notice.

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