Terms and Conditions
Last updated on: March 18, 2024
Welcome!
Thank you for using Salvagebid.com. By using our Website, Products, and Services, you are agreeing that you are over 18 and have the ability to consent to the Agreement and other contracts.
As a registered member with Salvagebid, Inc. ("Company") and user of the website salvagebid.com ("Website"), you agree to be bound by the following Terms and Conditions, Terms of Service, and Privacy Policy, which are all available at www.Salvagebid.com and are incorporated herein by this reference (this "Agreement"). You are entering into a binding legal contract. This Agreement sets out the terms and conditions on which the Company offers you access to and use of the Website and its products, applications, tools, and services (collectively "Services"). Please be advised that this Agreement affects your legal rights against Company and governs how claims you and Company have against each other are resolved. You should read this entire Agreement before accepting it.
Salvagebid has priced its Services based on your acceptance of this Agreement, specifically including the validity of its waivers, disclaimers, and allocation of risks as assigned, as provided in this Agreement. You agree that these waivers, disclaimers, and the allocation of risks as provided herein are essential to the basis of the bargain between you and Salvagebid, and that without such Salvagebid would not provide the Services to you at our current rates.
In addition to the terms and conditions contained herein, conditions listed on the internet, the Purchase Order Agreement and Deposit Agreement, and our vendor’s terms and conditions are hereby incorporated into this Agreement. Company reserves the right to revise or amend this Agreement at any time without prior notice to you. Company’s vendor reserves the right to revise their terms and conditions at any time. Any modifications to this Agreement are effective upon posting such new Agreement on our Website. Any modifications to Company’s vendor’s terms and conditions will be posted on their website. Your submission of a bid or other action taken utilizing your membership, our Website, or any other action or inaction related to our provision of Services following the posting constitutes your acceptance of such modification. If you object to any of the changes to this Agreement, or otherwise do not understand or agree to be bound by the changes to this, must discontinue using our Services.
By using the Website, you accept full responsibility for your login information and any bidding or purchase activity that may result from use of that login information. It is up to you to keep that login information secure. If anyone other than you uses that login information to bid on or purchase a item, you will be financially liable for all associated costs up to and including the full purchase price of the item and any applicable fees.
1. Item Condition and History Disclaimer.
ALL ITEMS ARE SOLD “AS-IS WHERE-IS”
Any items purchased from or sold through Company's Website or Services come AS-IS, WHERE- IS. No warranty of any kind is included with any item sold. Company does not guarantee the accuracy of any of the information provided online or otherwise for items sold through Company's Website or Services, and the information is only as a starting point for you required research regarding any purchase made through our services. You agree that the information provided is not intended to and does not constitute a representation or guarantee of any kind. You agree that you are not relying on this information to make a purchase. You agree that it is your sole responsibility to research items in other ways (including but not limited to VIN history checks and having a professional inspection done) before making a purchase. Keys may not be included with the item, even if they are pictured on the Website. VIN plates also may not be included, since they are not required by some jurisdictions. Parts may be missing. Company does not guarantee that items meet or can be modified to meet local emission and/or safety requirements.
It is your responsibility alone to research and inspect items before purchase. Whenever purchasing an item through Company's Website or Services, you agree that the item is sold AS-IS, WHERE IS and that all sales are final.
2. Information Accuracy Disclaimer
THE WEBSITE AND SERVICES ARE AVAILABLE ON AN "AS-IS" AND "WHERE-IS" BASIS, WITHOUT ANY GUARANTEES OF ACCURACY OR FUNCTIONALITY. NEITHER THE COMPANY NOR ANY OF OUR VENDORS WHO PROVIDE INFORMATION FOR THE WEBSITE, GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED BY THE VENDORS. COMPANY DISCLAIMS ANY CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND.
3. Membership
Memberships may be paid for by credit card, or bank wire transfer.
By becoming a Member of our service and providing credit card information to us, you authorize us to automatically annually renew your Membership at the then current Member rates, and you authorize us to apply your Security Deposit, in full, to any fees, costs, purchases, and or any other outstanding balance on your account.
All membership types other than Guest Members will receive one or more promotional codes which will allow them to perform free VIN history checks through ClearVin, LLC (ClearVin”). The code will be sent to your email when a membership is paid for. Please make sure your email address is correctly listed in your account. We are not responsible for codes emailed to the wrong address.
The number of free ClearVin Reports varies by the type of Membership. Additional ClearVin Reports can be purchased through ClearVin. Member understands that ClearVin is a third-party company to Salvagebid and that any concern a member has with ClearVin and or a ClearVin Report must be addressed with ClearVin. Salvagebid is not responsible for the delivery, accuracy, or completeness of a ClearVin Report
A. Membership Eligibility
You may register as a Member with the Company if you are at least 18 years of age and if you can form legally binding contracts under applicable law. An individual or entity may have no more than one account. Membership is not transferrable. In addition, state-specific registration requirements and applicable laws, regulations, and restrictions may further limit Member registration and item purchasing eligibility. Company reserves the right to deny membership privileges to any individual or entity, in its sole and absolute discretion. All members must keep their contact information and address current in their membership account.
B. Membership Types
In order to bid on an item, you must be a Member in good standing, provide a copy of a valid US driver’s license, state-issued ID or a passport at the time of registration, and place a Security Deposit. You are also required to maintain a minimum Security Deposit in order to submit a bid.
1. GUEST membership is a free registration that allows Buyers to purchase one (1) item (total, not per year) up to Two Thousand Five Hundred Dollars ($2,500) using Pre Bidding only at an auction facility in which Company's purchasing eligibility is not restricted by yard-specific registration requirements, applicable laws, and/or regulations.
2. STARTER membership is a $69 USD non-refundable annual registration that allows Buyer to purchase two (2) total items, each up to Five Thousand Dollars ($5,000) using Pre Bidding and Live Auction Bidding at an auction facility in which Company's purchasing eligibility is not restricted by yard-specific registration requirements, applicable laws, and/or regulations. This registration will automatically renew each year and Buyer will be charged a non-refundable $69 USD annual renewal fee unless the subscription is canceled before the next scheduled payment. Should a member wish to buy more than two (2) items, a member must upgrade to either a PREMIUM or VIP Membership. If a member has not cancelled their STARTER membership for the year, the $69 fee for that year may be applied to the purchase of a PREMIUM or VIP membership. A Starter membership comes with a code for one (1) free ClearVin Report.
3. PREMIUM membership is a $199 USD non-refundable annual registration that allows Buyer to purchase unlimited type and number of items using Pre-Bidding and Live Auction Bidding at an auction facility in which Company’s purchasing eligibility is not restricted by yard‐specific registration requirements, applicable laws, and/or regulations. This registration will automatically renew each year and Buyer will be charged a non-refundable $199 USD annual renewal fee unless the subscription is canceled before the next scheduled payment. A Premium membership comes with a code for ten (10) free ClearVin Reports.
4. VIP membership is a $349 USD non-refundable annual registration that allows Buyer to purchase unlimited type and number of items using Pre-Bidding and Live Auction Bidding at an auction facility in which Company’s purchasing eligibility is not restricted by yard‐specific registration requirements, applicable laws, and/or regulations. This registration will automatically renew each year and Buyer will be charged a non-refundable $349 USD annual renewal fee unless the subscription is canceled before the next scheduled payment. A VIP membership comes with a code for twenty (20) free ClearVin Reports.
Members who fail to fulfill their obligations under this Agreement, and or breach this Agreement, are subject to revocation of their membership.
4. Security Deposit
Before bidding, you must place a refundable Security Deposit of $600.00 USD or 10.0% of intended maximum bid, whichever is greater ("Security Deposit"). Security Deposits can be made by credit card or bank wire transfer.
Security Deposits placed using a credit card or debit card cannot be applied to the purchase of any item.
All members including those with Starter, Premium, and VIP memberships must place a Security Deposit before bidding. By placing a Security Deposit with the Company, you agree to the terms set forth herein for when the Security Deposit can or cannot be refunded, and by what method that Deposit can be refunded.
Before the Security Deposit can be refunded, your account must meet the following conditions: no active bids, no active purchases, no outstanding offers, no balances due, no items awaiting pickup, no outstanding paperwork to be submitted, and no other potential financial liabilities. When all these conditions are met, and upon written request, Company may refund the Security Deposit at its discretion, and reserves the right to withhold the Security Deposit for any reason it sees fit.
If the Security Deposit payment was made by any other form of payment than a Credit Card, the member’s registered address is in the United States, and the Security Deposit came from the member, the member must provide their routing and account numbers in order for the Security Deposit to be refundable. Such refunds will be made by ACH transfer. If the Security Deposit payment was made by any other form of payment than a Credit Card, the member’s registered address is in the United States, and the Security Deposit came from anyone other than the member, the member must provide a voided check for the payor’s checking account, in order for the Security Deposit to be refundable. Such refunds will be made by ACH transfer. If the member who paid the Security Deposit does not have a bank account, or the third party who paid the Security Deposit on a member’s behalf does not have a “voided” check, please contact us to make other arrangements for potential Security Deposit refunds.
If the Security Deposit payment is made by any other form of payment other than a Credit Card and the member’s registered address is outside the United States, the refund will be issued by wire transfer. International wire refunds incur a Thirty Dollar ($30) processing fee.
If you make your Security Deposit by credit card, we may place a temporary “hold” in the amount of your Security Deposit, rather than charging your credit card. This “hold” appears on your credit card account as a pending transaction, but you do not actually pay us this money. Therefore, to “refund” your Security Deposit, we simply release the “hold” and the pending transaction is removed. If you request a refund of your Security Deposit, and we have removed the “hold” on your account, we do not have any control of how quickly your bank will show those funds available in your account. Depending on your bank, this may take up to one statement cycle for the pending transaction to be removed. If your Security Deposit was made via a charge to your credit card, your refund will be made to that credit card.
Please allow up to thirty (30) business days for all refund and release processing.
5. Sale Policies
After a purchase has been made, you will be invoiced by Salvagebid. Your invoice will include the amount of the winning bid, accepted offer or counter offer, or the buy it now amount, plus the Salvagebid fees which are outlined in our FAQ, the fees that the auction charges, and a documentation transfer fee, which is outlined in our FAQ.
Once a member makes their first purchase, their account will be locked until the balance due on the first invoice is paid in full. Payment in full includes all payments due including Storage Fees, if any. Once the full payment has been posted to the account, the account will unlock for further use.
Due to various state and federal regulations, not all vehicles listed on our Website are available for purchase by all members. In some cases, according to your state regulations you might not be allowed to directly purchase vehicles located in the state in which you reside. Before bidding on any vehicle, you must verify with your DMV what your limitations are regarding registration of any vehicle you wish to purchase. By bidding on a vehicle through our Services, you confirm that you have confirmed that you can buy such vehicles and have met necessary requirements with your state regulations.
A. Payment
Payments (other than the Security Deposit) shall be made via wire only Wire payments must indicate a member’s name, and the name and address of the person or business sending the wire, if the wire is sent by anyone other than the member. In the event payments are made by third parties on behalf of a member’s account, and an over occurs or amounts are due back for any reason, the appropriate funds will be returned to the third-party payor and not the member. There is a Twenty-Five ($25) USD fee charged for incoming wires. There is a Thirty ($30) USD fee charged for outgoing wires.
We do not accept credit cards for purchases. We do not deduct your Security Deposit from any payments due, unless your Security Deposit was made by wire transfer. If Company holds a Security Deposit because of a balance owed, you must submit payment via wire transfer (or other secure method determined by Company) before Security Deposit can be refunded. In the event that you refuse to pay via specified payment method or in a timely manner, any amount of the Security Deposit up to and including the full amount (even if it is greater than the balance owed) will be applied against the balance due. By applying the Security Deposit to a balance on your account we have not waived the right to pursue all legal and equitable remedies to collect the full amount due.
Florida residents purchasing an item located in Florida must pay sales tax in addition to the purchase price, documentation fees, and any other fees or costs applicable to the purchase. By using our Website, products, and Services, you agree that we are authorized to charge any credit card on file for fees, payments, and or any other amount due under this Agreement.
All sales are “as is, where is” and final.
B. Bidding
If you are interested in bidding on an item, you can set a maximum bid amount prior to the auction. This is called a Pre-bid. Salvagebid will bid on your behalf, against other bidders and the seller’s minimum sales price, if a minimum price is set, up to your maximum Pre-bid. If you win the auction and your maximum Pre-bid amount is equal to or above the seller’s minimum, you will be awarded the item. If you win the auction and your maximum Pre-bid is lower than the seller’s minimum price, your maximum bid will be submitted to the seller for approval. The seller approval process can take two (2) business days.
C. Bid Rejection and Placement.
The Company reserves the right to reject or void bids for any reason, in the Company's sole and absolute discretion. While the Company does its best to place all bid requests provided by you, there is no guarantee that all bids will be placed. You agree to indemnify, defend, and hold the Company harmless for any and all liability arising out of bids that are rejected, voided, or not placed.
D. Sale Cancellation.
The Company may postpone a sale, cancel a sale, or withdraw a item from a sale with or without notice. Company will neither have liability nor obligation to you as a result of any item withdrawal, sale cancellation, or postponement.
E. Item and Ownership Document Release.
Buyer understands and agrees that items may not be driven from the auction lot. This is against the auction's regulations. Buyers may arrange their own transportation or arrange transportation for the item through Salvagebid's recommended transportation company, EasyHaul.com, LLC.
Company reserves the right not to release any item or item ownership document for any reason. All ownership documents will be mailed from auction facility to Company, and then Company will cause the ownership document to be reassigned to you. You must submit a signed bill of sale and a valid copy of a government issued ID before ownership documents will be reassigned to you.
F. Bids and Buy It Now.
Once a bid or a Buy It Now has been submitted, it cannot be retracted, deleted, or canceled.
G. Failure to timely pay all amounts due
In the event the item purchased item is not paid for within seven (7) business days from the date of the sale, you agree that Company may, in its sole and absolute discretion, cancel the sale, relist the item for sale. If this occurs, you agree to pay Company the Relist Fee, in addition to any other amounts owed. The Relist Fee is the sum of two fees, the Auction Fee and the Company’s Transaction Fee. The Auction Fee is the greater of $1,000.00 USD or 15.0% of the sale price. The Company’s Transaction Fee is the greater of $299 or 10% of the sale price. Relist fee must be paid by wire transfer only. In the event that you fail to pay the Relist Fee by wire transfer within the time specified, this Relist Fee will be taken from your Security Deposit paid in advance to Company. Even if your Security Deposit is utilized for the Relist Fee, if you do not pay the Relist Fee by wire transfer within the time specified, you are still responsible for the balance of the Relist Fee, plus any collection costs, including court costs and reasonable Attorney's Fees, as defined by this Agreement. You agree that failure to pay all outstanding balances due on your account may result in your account being referred to a third party for collections purposes, with the addition of a One Hundred Dollar ($100) collections fee to the original amount owed plus any other collection costs, including court costs and reasonable Attorneys Fees. You agree to verify Relist Fees and relist dates prior to bidding on items. If you cause excessive items to be relisted, you are subject to suspension or revocation of your bidding privileges.
H. Failure to timely remove the item purchased from the auction item
If the item is paid for and or not timely transported from the auction within seven (7) days of the sale date, Company reserves the right to consider the item abandoned, to take over ownership, resell it, and to bill you for an amount up to and including the full purchase price of the item plus any amount of storage fees or resale fees as Company sees fit.
I. Loss Risk.
When you bid on or process a purchase through Company's Website or Services, you take full responsibility for any losses that may result from the purchase. You acknowledge that the auction facility is acting as the bailee of your item until the item leaves the auction facility premises. You agree that Company and the auction facility are not responsible for any damages or losses that take place while the item is at the auction facility premises. Company and auction facility shall not be responsible for any losses that take place after the item has left the auction facility premises. All purchases are “as is, where is.” If there is an issue regarding an item sold, it must be addressed to us prior to the item leaving the auction location. Once an item is removed from the auction location, Company is not liable for any claims of damage or loss of any kind or nature whatsoever.
J. Registration Laws Disclaimer.
We do not guarantee that any item purchased can be legally registered in any state or country. We do not guarantee that the item item will include proper registration paperwork, even if the item item is listed as including paperwork. Because of differences in state laws and regulations, even if the item can be registered, your state or country may register the item with a different type of title. For example, a title listed as “clean” or “clear” in one state may be registered in another state as “damaged”, “salvage”, or other type of title. It is the Member’s obligation to research the history of the title and title registration regulations and laws, prior to purchase. Member accepts all risks associated with changes in the item title and registration rules between states and countries, even those that may negatively impact the value or usability of the item.
Information provided regarding the item’s registration, title, and paperwork status is based only on the information provided by the auction facility and is not guaranteed to be accurate or complete. By using our services, you acknowledge your understanding of this and accept full responsibility for researching items before bidding.
The documentation fee and timeline vary depending on the state and type of title. Certain types of ownership documents must be processed through the DMV. Member accepts the possibility of delay, without recourse. California residents cannot register an item in California if it has a non-repairable title. Due to the nature of this type of transaction, it may take four to seven weeks, or more, to get registration papers, if any, to you.
K. Use of Affiliated Dealers and Brokers
You expressly authorize Company to engage one or more affiliated dealer and or dismantler as needed to facilitate your purchase of any item through Company's Website or Services, and you expressly agree to release and hold harmless any affiliated dealer or broker from any claims, disputes, or causes of action of any kind.
L. Compliance
Members are required to timely register vehicle purchase from Company. Members shall comply with all applicable laws related to the use of Company’s services. Member shall indemnify, defend and hold Company, its Directors, officers, employees, representatives, contractors, agents, vendors subsidiaries, affiliates, and the vehicle providers (collectively “Company Indemnified parties”) harmless from an against any claim, damages, obligations, expense (including Attorney Fees) liabilities, fines, judgements, or losses, arising out of or related to the Member’s failure or alleged failure to comply with any applicable law and or regulation, and or the terms of this Agreement.
In the event that Member fails to comply or is alleged to fail to comply with any applicable law and or regulation, and or with the terms of this Agreement, including but not limited to Member’s failure to make prompt payments of all amount due, Member’s failure to take timely possession of any purchase, Member’s failure to respond promptly to all communication from Company, Member is liable to Company for all related expenses, debts, time incurred, costs, fees, etc. due to Member’s failure or alleged failure, including but not limited to Attorney Fees.
M. Separate Rules Governing International Sales in Which EasyHaul.com Facilitates Transportation
Ownership of the automobile on which you have successfully bid does not transfer until arrival of your item at the international port of delivery. You are responsible for the transfer of ownership of your item (including without limitation registration in your name, if applicable) and hereby release us from and agree to defend and indemnify us against any related liability, damages and losses. Please review our general release and indemnity provisions in these Member Terms and Conditions for more information.
The Item Abandonment and Storage Fee charge that is incurred if buyers do not promptly remove an item from the auction facility does not apply where the purchase and shipping through EasyHaul.com are paid for in full within forty-eight (48) hours of the end of the auction. You do assume responsibility for picking up the item from the international port of delivery.
The “Sale Date” for any item you purchase is the date on which you take possession of the item at the international port of delivery. The “Sales Date” is not be the date on which your item is picked up by the transporter for delivery to you but instead, the date of arrival of the automobile at the International port of delivery.
Once your item arrives at the international port of delivery, you accept the item “AS IS” and “WHERE IS” and “WITH ALL FAULTS.” Please review our general release and indemnity provisions in this Agreement for more information.
Transportation of the item by ocean is subject to the provisions of the Carriage of Goods by Sea Act of the United States, 46 U.S.C. sections 1300-1315 (hereafter, "COGSA"), and all limitations of damages set forth therein.
6. Copyrighted Material
All material on the Website is copyrighted material of the Company and its partners. By using Salvagebid.com, you agree not to copy or reproduce any of the materials on the Website. The materials on the Website may not be displayed or reproduced on any other site. You also agree not to mirror the Website or any of its materials, or to frame them for any reason without express permission.
7. Disclaimers
A. General Vehicle Condition and History Disclaimer
All items sold are "AS-IS" and "WHERE IS" and "WITH ALL FAULTS"
You agree that items sold via our Services are sold without any warranty, express or implied, including but not limited to any warranty of fitness for a particular purpose or warranty of merchantability.
You agree that items sold via our Services are not represented as being in road-worthy condition or mechanically sound.
You agree that items sold via our Services may have latent, hidden, or undisclosed damage or other conditions that are not immediately apparent or discoverable.
You agree that items sold via our Services may not be fit for use as a means of transportation, may not comply with local, state, or federal emissions standards, and may require substantial repairs at your expense.
You agree that it is your sole responsibility to ascertain, confirm, research, inspect, and/or investigate any vehicle and all related Vehicle Information (as defined in Section 7 B (Vehicle Information Disclaimer)) before placing any bid or purchasing any vehicle using our Services.
B. Information Disclaimer
Vehicle Information is provided as a starting point for your research and professional inspection of the item. We do not verify the listing information, which is provided by the auction. We do not represent that the information provided is accurate or complete.
"Vehicle Information" means any and all information related to a vehicle or other item listed on our Website, whether provided in written, oral, or digital form, including: year, make, model, body style, color, drive type, engine type, cylinders, fuel type, condition, damage amount, damage type, primary damage, secondary damage, mileage, odometer, odometer descriptions, runs and drives status, vehicle identification number ("VIN") or serial number, title or ownership document type, title or ownership document state, title or ownership document history, estimated retail value, actual cash value, repair estimate, estimated repair cost, repair history, total loss history, airbag deployment, keys, and any and all other information (including images) listed on any item listing page.
The items listed on our Website are not owned by us. All of the information we receive about a vehicle comes from the auction, who does not guarantee the accuracy or completeness of any information provided. This information is not reviewed or confirmed by Salvagebid. Neither Salvagebid nor our vendors inspect any vehicles. Please be advised that the Vehicle Information may contain inaccuracies, errors, and omissions. We expressly disclaim all representations, warranties, or guarantees regarding the accuracy or completeness of any and all items listing information. Information is provided as a starting point for your research regarding the history, title, condition, and other information about the vehicle. We strongly encourage you to inspect, or retain someone to inspect on your behalf, any vehicle prior to placing any bid or agreeing to purchase any vehicle.
You agree not to rely on any listing information in deciding whether or how much to bid on a vehicle.
Any information or advice obtained through our Services, including from our Website and our phone, email, and chat support services, is for informational purposes only. Our Buyer Service Center is available to assist you and answer your questions, but they are not mechanics, experts, or otherwise trained or qualified professionals in any vehicle-related field. They have not viewed the vehicle in person, nor do they have the ability to do so. As we do not have any information regarding the vehicle, other than what has been provided to us but which is unverified, if you have questions regarding the status, title, condition, or other element regarding the vehicle, you should inspect the vehicle, have the vehicle professionally inspected and or consult with an appropriately-trained and qualified professional before placing any bid or making any purchase.
You agree not to rely on any information, guidance, or advice obtained from Salvagebid, our Website, or any auction’s website, in deciding whether or how much to bid on a vehicle.
C. VIN Disclaimer
Certain jurisdictions permit vehicles to be sold with missing VIN plates. We do not represent that vehicles sold via our Services are equipped with any or all VIN plates.
D. Emissions Laws and Standards Disclaimer
Vehicles purchased via our Services are not represented, warrantied, or guaranteed to meet, or are able to be modified, altered, or repaired to meet local emissions or safety laws and requirements. Vehicles purchased via our Services are not represented, warrantied, or guaranteed to have a catalytic converter.
E. Keys Disclaimer
Vehicles purchased via our Services are not represented, warrantied, or guaranteed to have keys or that keys will be available for any vehicle purchased using our Services, regardless of whether the auction listing indicated the vehicle comes with keys, keys are present in images, or keys were present in the vehicle prior to the time of purchase.
F. Title and Registration Laws Disclaimer
Due to variations in applicable laws and regulations, a vehicle listed with a "clean" or "clear" or other similar title or ownership document type may have a salvage history. Regardless of whether the title or ownership document type is listed as "clean" or "clear" or does not otherwise indicate a salvage history on the auction listing, the title or ownership document may become a salvage, reconstructed, or an otherwise branded title or ownership document upon registration in your state or any other jurisdiction. (For example, a vehicle legally purchased by you with a clean title in State A may be required to be sold on a salvage title if you transport and register or resell the vehicle in State B.)
Additionally, due to variations in applicable laws and regulations, you may receive a title or ownership document which is different than the title or ownership document that is listed on the lot listing page. Processing times for titles or ownership documents may take 5-7 weeks and result in additional fees.
Buyers of vehicles titled as “Certificates of Destruction,” “Non-Repairable Vehicle Certificates,” “Junk Certificates,” or a title with other brands that indicate the vehicle cannot be retitled, or that the vehicle has no resale value except as a source of parts or scrap, will only receive Purchase Agreement Documents for the parts or scrap purchase and not a physical title. Buyers wishing to export such a vehicle must contact our Buyer Services Center with their intention to export prior to sale. In order to export a vehicle with such a title, there is an additional processing fee, and the processing time is generally two to six weeks.
Registration laws vary by state and are subject to change. Vehicles purchased via our Services are not represented, warrantied, or guaranteed to be able to be legally registered in any state or other jurisdiction. Nor is there are representation, warranty, or guarantee that you will receive the specific title or ownership document that is listed on the lot listing page. It is your sole responsibility to determine whether you will be able to register the vehicle or receive a "clean" or "clear" title in your state or any other jurisdiction prior to placing any bid or purchasing any vehicle using our Services, and you accept all risks associated with variations in vehicle title and registration laws and regulations between states and other jurisdictions that may prevent you from titling or registering your vehicle or may negatively impact the marketability of your vehicle purchased using our Services.
G. Paperwork Processing Disclaimer
We are not liable or responsible for defects, errors, or omissions (a) related to any paperwork not processed by us, (b) made by any governmental agency or entity, or (c) made by the title processing clerk. We are not liable or responsible for titles or ownership documents lost in the mail. Duplicate title or ownership document requests may result in delays and additional processing fees.
H. NMVTIS Reporting Disclaimer
Vehicles available for purchase using our Services may have been reported to the National Motor Vehicle Title Information System ("NMVTIS"), and transaction data related to vehicles purchased using our Services may be reported to NMVTIS. You accept all risks associated with purchasing vehicles using our Services resulting from the reporting of the vehicle or the purchase transaction data to NMVTIS by us or others. Please be advised that you may be subject to NMVTIS reporting requirements if you purchase a vehicle using our Services. For more information on the NMVTIS, please visit www.vehiclehistory.gov.
8. Limitation of Damages, Release of Liability, and Indemnification
Any release, disclaimer, indemnification, or limitation stated elsewhere in this Agreement is in addition to this Section and is part of the basis of the bargain between you and Salvagebid and shall apply to all Claims (as defined in Section 9 (Dispute Resolution)), even if Salvagebid has been advised of the possibility of any such liability or damage and even if these remedies fail their essential purpose. Some states or jurisdictions do not allow the types of limitations in this section, so they may not apply to you.
A. Limitation of Damages
You agree that, to the extent permitted by applicable law, neither Salvagebid nor affiliates or vendors shall, under any circumstances, have any liability whatsoever to you or any third-party (whether jointly, severally, or individually) for any damages or losses of any kind (known or unknown, foreseen or unforeseen, direct or indirect) arising out of or in any way related to any disclaimer provided in this agreement (including Section 7 (Disclaimers)) or on Salvagebid's Website.
You agree that, to the extent permitted by applicable law, neither Salvagebid nor their affiliates or vendors shall, under any circumstances, have any liability whatsoever to you or any third-party (whether jointly, severally, or individually) for any (a) indirect, incidental, special, consequential, or punitive damages, (b) loss of use, data, opportunity, goodwill, reputation, profit, or revenue, or (c) costs or expenses (including Attorney Fees), for any Claim (as defined in Section 9 (Dispute Resolution)) not amounting to a willful or intentional wrong. Regardless of the previous paragraphs, you agree that, to the extent permitted by applicable law, if Salvagebid or their affiliates or vendors are found liable in any Claim (as defined in Section 9 (Dispute Resolution)), Salvagebid’s and their affiliates and vendors total liability to you or to any third-party (whether jointly, severally, or individually) shall not exceed the amount of any fees (excluding any auction fees, the purchase price of any vehicle, or any other fees charged by any third-party) paid by you to Salvagebid related to the transaction or vehicle giving rise to the liability. If no such fees were paid by you to Salvagebid, their affiliates or vendors, their total liability to you or any third-party (whether jointly, severally, or individually) for any Claim (as defined in Section 9 (Dispute Resolution) shall not exceed Five Hundred Dollars ($500).
B. Liability to, and general release of Salvagebid.
You agree that you will be liable to Salvagebid or any of our affiliated dealers for your breach of any provision on this Agreement.
You unconditionally release Salvagebid or any of our affiliated dealers from any loss, claim, or damages, related to any of the following:
* Your failure to keep your contact and address information current in our account records.
* Any bids, purchases, or payments made via your account with us.
* Our termination or suspension of your membership.
* Your cancellation of your membership.
* Any action or non-action taken by us or an affiliated dealer.
* Our decision regarding the use of any portion of your Security Deposit to pay an amount due to us.
* Any rejection or cancellation of any bid or sale.
* Any postponement, cancellation, or withdrawal of an item for sale.
* The acceptance or rejection of any bid for any “On Approval” or “On Minimum Bid” item.
* Your failure or refusal to know type and amount of fees and charges related to the use our services.
* Your failure to timely pay for any item purchased.
* Your failure to timely remove the item from the auction.
* Our refusal to release ownership documents to you if any amount is outstanding on your account.
* Your failure to provide accurate information in your Member account.
* Your failure to timely register the item and or your failure to timely transfer ownership of the item into your name.
* Our refusal to issue you a refund.
* Our decision that a vehicle has been abandoned, as provided in this Agreement.
* Your failure to inspect any vehicle prior to bidding.
* Your failure to research the history of the vehicle, including its ownership documents.
* Any damage to or loss of your vehicle due to the auction, acts of negligence or vandalism, force majeure, or any other event which occurs after the end of the auction but before transport of the vehicle from its auction location.
* Your failure to comply with this Agreement or any applicable laws or regulations.
* Your failure to comply with all auction rules and regulations.
* Your vehicle after it is picked up from the auction.
* Your use of any third party service providers, even when recommended by Salvagebid.
* Any bodily injury, property damage, or other occurrence which occurs where the item is located, on the auction premises, or at Salvagebid’s location, whether caused in whole or party by our negligence or the negligence of our vendor(s) or affiliates. It is specifically understood that this release shall be interpreted as releasing Salvagebid, our affiliates, and our vendors for their own sole and or partial negligence.
C. General Indemnification of Salvagebid, their affiliates, and vendors
Members irrevocably and unconditionally waive and release their rights (if any) to recover from Salvagebid, our affiliates and vendors, including the their directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates of Salvagebid, our affiliates, and vendors (“Salvagebid Indemnities”) any and all damages, losses, liabilities, costs, expenses, or claims, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to bodily injury, property damage, Member’s noncompliance or alleged noncompliance with law or regulations, and or Member’s violation of this Agreement or any other agreement between the parties. Members agree to indemnify, defend, and hold Salvagebid Indemnitees harmless from any and all damages, losses, liabilities, costs or expenses (including Attorney Fees) arising from claims made by the Member or related to: 1) bodily injury or property damage related to the provision of the services contemplated here in and or any vehicles sold via our Services 2) the Member’s failure to comply with applicable laws or regulations, 3) the Member’s sale or transfer of vehicles to third parties, 4) claims made against Salvagebid Indemnitees by the third parties related to Member, 5) Member’s noncompliance with any portion of this Agreement, including the nonpayment for Services, including but not limited to all Storage Fees, Late Fees, Relist Fees, and all other related costs, fees, and charges; and or those damages, losses, liabilities, costs or expenses (including Attorney Fees) incurred in enforcing and or defending the provisions of this Agreement, including but not limited to expenses related to investigation; any and all attorney, expert, and or collection fees, costs, disbursements or other expenses and interest which may be imposed in connection therewith, as provided in this Agreement.
To the maximum extent permitted by law, you, hereby agree to indemnify Salvagebid Indemnities against any and all Losses arising out of, resulting from, or related to any claim brought by a third-party related to your membership with us and or to any transaction(s) with you, including but not limited to the items listed in Section 8 C (Liability to, and General Release of, Salvagebid) (collectively "Third-Party Claim"). Your indemnification obligations shall be subject to the following limitations:
(1) Notice. If a Salvagebid Indemnity seeks indemnification for a Third-Party Claim, we shall give you written notice promptly after we become aware of the facts giving rise to such claim for indemnification (an “Indemnified Claim”), and in any event within 90 days, specifying in reasonable detail the factual basis of the Indemnified Claim and stating the amount of the damages (or if not known, a good faith estimate of the amount of damages).
(2) Control. In the event of receipt of notice of a Third-Party Claim, you shall have the right to control and defend such Third-Party Claim, provided such control and defense fully protects the interests of Salvagebid, our affiliates and vendors, in our sole subject determination. Should you decline to control and defend the Third-Party Claim or should we determine that your control and defense does not fully protect the interest of Salvagebid Indemnities, we shall have the right, at any time, to control and defend the Third-Party Claim in such manner as we may deem appropriate. The controlling party shall select counsel, contractors, experts, and consultants of recognized standing and competence reasonably acceptable to the other party, shall take reasonable steps necessary in the investigation, defense or settlement thereof, and shall diligently and promptly pursue the resolution thereof. All parties shall cooperate fully with the party conducting the defense of any Third-Party Claim.
(3) Settlement. The party controlling the defense of any Third-Party Claim shall be authorized to consent to a settlement of, or the entry of any judgment arising from, any Third-Party Claims subject to the following provisions. If you are controlling the litigation, you may not enter into a settlement or consent to an entry of judgment with respect to any Third-Party Claim without Salvagebid’s express written consent, not to be unreasonably withheld, conditioned, or delayed. If we are controlling the litigation, we may not enter into a settlement or consent to an entry of judgment with respect to any Third-Party Claim without your express written consent, not to be unreasonably withheld, conditioned, or delayed.
It shall not be considered unreasonable for Salvagebid to withhold consent if you have not reimbursed Salvagebid, and our affiliates and vendors for their Losses or made arrangements to do so which are acceptable to Salvagebid. It shall not be unreasonable for Salvagebid to withhold consent if the proposed settlement or entry of judgment could negatively impact Salvagebid’s professional reputation. Regardless of who assumes control and defense of the global Third-Party Claim, Salvagebid reserves the right to directly settle or otherwise resolve any claim against Salvagebid.
D. Waiver of California Civil Code § 1542
If you are a California resident, you hereby waive California Civil Code § 1542, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
E. Limitation of Liability
REGARDLESS OF PREVIOUS PARAGRAPHS, IF COMPANY IS FOUND TO BE LIABLE IN ANY CLAIM, DISPUTE, OR CAUSE OF ACTION RELATED TO YOUR PURCHASE OF AN ITEM OR YOUR USE OF COMPANY'S WEBSITE OR SERVICES, COMPANY'S LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE AND RELATED FEES FOR ANY ITEM(S) IN DISPUTE; AND IF COMPANY IS FOUND TO BE LIABLE IN ANY CLAIM, DISPUTE. OF CAUSE OF ACTION RELATED TO ANY OTHER FEES AND/OR CHARGES UNDER THIS AGREEMENT OR AS A RESULT OF YOUR USE OF COMPANY'S WEBSITE OR SERVICES, COMPANY'S LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE AMOUNT OF THE FEES AND/OR CHARGES IN DISPUTE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE PURCHASE, SALE, DISTRIBUTION, USE OF (OR INABILITY TO USE) ANY ITEM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT OUR VENDORS ARE NOT PARTIES TO ANY AGREEMENT FOR ANY PURCHASE AND YOU RELEASE THEM FROM ANY AND ALL LIABLITY RELATED IN ANY WAY TO AN ITEM PURCHASED THROUGH US OR YOUR USE OF OUR SERVICES.
9. Dispute Resolution
A. Limitations Period
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM, DISPUTE, OR CAUSE OF ACTION AGAINST THE COMPANY, OR OUR AFFILIATES OR VENDORS RELATED TO YOUR TRANSACTION WITH THE COMPANY, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH SUCH CLAIM AROSE OR BE FOREVER BARRED. AN ACTION IS ONLY PROPERLY COMMENCED BY FOLLOWING THE DISPUTE RESOLUTION PROCEEDURES CONTAINED IN THIS SECTION 9 OF THE AGREEMENT, INCLUDING THAT THE ONLY PROPER WAY TO INITIATE AN ACTION IS BY FILING A STATEMENT OF CLAIM WITH ARBITRATION SERVICES OF PORTLAND AS PROVIDED IN SECTION 9F.
B. Choice of Law
The laws of the State of Oregon shall govern any and all Claims related to to the use of Salvagebid’s services, any purchase from Salvagebid or an affiliate, and any action between the Parties or anyone claiming through one of the parties to this Agreement. You agree that only the laws of the State of Oregon shall apply, notwithstanding any conflict of law principals and without regard to your state or county of residence, domicile, origin, or where you accessed the Website or Services.
C. Notice of Dispute Form
If either party has a question or a concern that they’ve not been able to get resolved based on reviewing the Website, and this Agreement, they should contact the other to attempt to resolve the issue. To discuss matters with us, please contact our Buyer Services Center via email, text, or phone. If after communicating with the other party, if a party still believes they have a Claim, before taking any action against the other party (such as filing in small claims court, filing arbitration, etc.) the initiating party must send a Notice of Dispute to the other party. A Notice of Dispute is a notice to the other party, sent on this form via Certified Mail. If you do not send us the Notice of Dispute form via Certified Mail, it is not considered to be a Notice of Dispute. All information called for in the Notice of Dispute must be included, as well as any other documents that go to support the nature of your Claim. If we intend to pursue a Claim against you, we will send you a Notice of Dispute at the address listed in your profile. It is your responsibility to keep your address current.
If the issues in the Notice of Dispute are not resolved within thirty (30) days after the date that the Notice is received via Certified Mail, or if a written denial or rejection of the Claims is received by the complaining party prior to the expiration of the thirty (30) day period, either party may initiate arbitration as provided in Section 9F of this Agreement.
D. Agreement to Arbitrate
You and Salvagebid agree that all Claims shall be resolved exclusively though final and binding arbitration, rather that in any court. You and Salvagebid each waive any right to a jury trial under this Agreement. Each party agrees that neither party may file any legal action (including any action in small claims), other than as otherwise provided herein. In the event that a party files such action, the filing is a breach of this Agreement. In the event that either party files any action in violation of this Agreement, no applicable statute of limitations period(s) will be tolled by the filing. In the event that either party files any action in violation of this Agreement, they agree to pay all costs and Attorney Fees (as defined by this Agreement in Section 11) related to the Company’s efforts to get such action dismissed or transferred, specifically to include all attorney time spent in preparation for any small claims’ actions. You consent to service of process by certified or registered mail at the last address provided by you to the Company as listed in the Company’s records.
E. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND SALVAGEBID AGREE THAT EACH MAY BRING ANY CLAIM AGAINST THE OTHER OR DEALERS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SALVAGEBID AGREE OTHERWISE IN WRITING, NO JUDGE OR ARBITRATOR MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER SALVAGEBID MEMBERS.
F. Arbitration Procedures
Arbitration is an alternative dispute resolution method. Instead of a judge as the ultimate decision maker, arbitration uses an arbitrator or a panel of arbitrators, depending on the amount at issue in the case, to decide cases. The arbitrator or arbitration panel has the exclusive authority to resolve any dispute arising out of or in any way relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate (or any portion thereof), or of this Agreement (or any portion thereof), including any claim that all or any portion of the Agreement to Arbitrate or this Agreement is unenforceable.
The arbitrator shall not be bound by rulings in prior arbitrations involving different Salvagebid members but is bound by rulings in prior arbitrations involving the same Salvagebid member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The arbitration of all Claims shall be conducted and governed by the Arbitration Services of Portland ("ASP") under its rules and procedures except as provided below. All arbitration rules and procedures are modified as follows:
1. The arbitration hearing shall take place no later than 120 days after arbitration is initiated.
2. Where no party’s claim exceeds $10,000 (exclusive of interest, Attorney Fees, and arbitration costs), the dispute shall be resolved by submission of documents unless the arbitrator determines that an oral hearing is necessary. If an oral hearing is necessary, it will be held in Portland, Oregon. Within 14 days after appointment of the arbitrator, the arbitrator shall schedule a preliminary case management teleconference to establish fair and equitable procedures for the submission and review of documents. The final date for submissions (including any response and replies, if permitted) shall be no later than 120 days after arbitration is initiated.
3. Except where no party’s claim exceeds $10,000 (exclusive of interest, Attorney Fees, and arbitration costs), each party (or each party’s representative if such party is an entity or organization) must appear in-person at the arbitration hearing.
4. Discovery of documents and other tangible things shall be limited to those documents and other tangible things which each party intends to rely on during the arbitration.
5. Documents presumed admissible shall include this Agreement, the applicable sale documents (including the Invoice, Bill of Sale, Statement of Facts, Damage Disclosure Statement, and Power of Attorney), and all emails sent to one party from the other party.
6. It shall not be a requirement for a document to be presumed admissible that the party offering a document has made available, after request, to all other parties all other related documents from the same author or maker.
7. Legal issues (which may be resolved without the need for reliance on factual issues) shall be resolved via summary disposition by the arbitrator prior to the arbitration hearing.
8. At least two business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator shall resolve disputes concerning the exchange of exhibits.
9. Unless applicable law provides otherwise, the arbitration may proceed in the absence of any party who fails to appear at the arbitration hearing or fails to submit documents in a dispute to be resolved by the submission of documents. An award may be made solely on the default of a party for failure to appear.
10. If the total and combined relief requested is $100,000 or more (exclusive of interest, Attorney Fees, and arbitration costs), a party may appeal purely legal errors and manifestly erroneous factual findings.
The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over any arbitration. Rather, ASP rules, as applicable, shall determine the number of arbitrators that may preside over any given arbitration conducted under this Agreement to Arbitrate.
The form for initiating any arbitration proceeding is available on ASP’s website. In addition to filing this form with the arbitration company, you must send, by certified mail, a copy of the completed form to Salvagebid at the following address to initiate arbitration proceedings:
Salvagebid Buyer Services Center
Attn: Legal Department
Re: Arbitration Claim
700 N. Hayden Island Dr.#274
Portland, OR 97217
Settlement discussions or offers are not admissible to the arbitrator.
G. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by arbitration company’s rules, unless otherwise stated in this Agreement to Arbitrate.
H. Severability
With the exception of any of the provisions in Section 9E (Prohibition of Class and Representative Actions and Non-Individualized Relief) of this Agreement to Arbitrate, if an arbitrator or court decides that any portion of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 9E (Prohibition of Class and Representative Actions and Non-Individualized Relief) of this Agreement to Arbitrate is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of this Agreement (including all other provisions of Section 9 Dispute Resolution) shall continue to apply.
If an arbitrator or court decides that the requirement set forth in Section 9F (Arbitration Procedures) that any arbitration under this Agreement to Arbitration be held as provided above is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply and any arbitration shall instead be held remotely when possible, or as otherwise in accordance with the arbitration company’s rules and policies. Salvagebid may attend by telephone, unless the arbitrator requires otherwise.
I. Opt-Out Procedure
YOU MAY CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING SALVAGEBID A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NOT LATER THAN 30 DAYS AFTER THE DATE ON WHICH YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME, AND YOU MUST MAIL THE OPT-OUT NOTICE VIA CERTIFIED OR REGISTERED MAIL, RETURN-RECEIPT REQUESTED, TO:
Salvagebid Buyer Services Center
Attn: Legal Department
Re: Opt-Out Notice
700 N Hayden Island Drive,
Suite 274, Portland, OR 97217
For your convenience, the Opt-Out Notice form that you must complete and send via Certified or Registered Mail to Opt-Out of the Agreement to Arbitrate is available here. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state, and zip code), and Member Account login information and email address associated with your Member Account to which the Opt-Out Notice applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can Opt-Out of the Agreement to Arbitrate. If you Opt-Out of the Agreement to Arbitrate, all other parts of this Agreement (including all other provisions of Section 9 (Dispute Resolution)) will continue to apply to you. If you Opt-Out of this Agreement to Arbitrate, this has no effect on any previous, other, or future arbitration agreements that you may have with Salvagebid.
J. Judicial Forum for Claims
In the event that the Agreement to Arbitrate under Section 9D (Agreement to Arbitrate) is found not to apply to you or to any particular Claim, either as a result of your decision to Opt-Out of the Agreement to Arbitrate, by mutual written agreement, or as a result of any decision by any arbitrator or court, you agree that all Claims related to Your use of the Services, our Website and or any transaction between us must be resolved exclusively by the state or federal courts (not to include small claims court) for Multnomah County, Oregon. You consent to venue and personal jurisdiction of such courts for the purposes of litigating all such Claims.
To the extent permitted by applicable law, you voluntarily and expressly agree to waive (and/or not exercise your rights under) any statute or law that provides you with the ability to revoke or otherwise invalidate this mandatory forum selection clause (or any portion thereof).
It is agreed that nothing under this section shall prohibit any party from enforcing or otherwise seeking to collect on any judgment in any jurisdiction permitted by applicable law.
K. Service of Process
You expressly agree to accept service of process by Certified or Registered mailing of a copy of the summons and complaint to the address listed in your Member Account on the date such mailing is sent. It is your responsibility to keep your account information updated via your My Account page.
L. Off-Sets
Salvagebid has the right to offset any amount owed to you, if either are owed amounts from you or you are in violation of this Agreement.
10. Your Privacy
Your privacy is important to us. Please review our Privacy Policy for information about how we collect, use, disclose, retain, and protect your personal information.
11. Attorney Fees
Each party shall bear its own costs, expenses, and Attorney Fees incurred in connection with any cause or action, except when we are proceeding against a member for violation of Sections 8 and 9, when related to our efforts to collect amounts due from you under this Agreement, when it is provided for under the arbitration company’s rules, and or when it is provided for by applicable law. Any reference in this Agreement to Attorney Fees shall specifically include an award to Salvagebid for time incurred by Salvagebid’s in-house attorney(s), at a rate no less than Three Hundred Fifty Dollars ($350) per hour. Other than as specifically provided herein, there is no general right to an award of costs and expenses (including Attorney Fees), even if such party is the “prevailing party.”
12. General Provisions
A. References to Parties
Any reference in this Agreement to any individual or entity (including you, Salvagebid, or our vendors) shall include a reference to its respective directors, officers, shareholders, members, employees, representatives, agents, subsidiaries, partners, affiliates, and assigns.
B. Captions
The captions used in this Agreement are provided for convenience only and will not affect the meaning or interpretation of any provision of this Agreement. All references in this Agreement to “section” or “sections” without additional identification refer to the section or sections of this Agreement. The singular shall include the plural, and the plural the singular, and the masculine and neuter shall each include the masculine, feminine, and neuter, as the context requires. Whenever the words “include” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation.”
C. Time is of the Essence
Time is of the essence with respect to all dates and time periods set forth or referred to in this Agreement.
D. Notices
You agree that we may provide notices to you in the following ways: (a) a banner or other notice on our Website, or (b) an email sent to an address you provided, or (c) through other means including mobile number, telephone, or mail. It is your responsibility to keep your account information updated via your My Account page.
E. Translations
We may offer translated versions of our Websites, Services, or this Agreement. Any such translations are offered solely for convenience. You should not rely on any translated version of our Websites, Services, or this Agreement. If any questions arise concerning the accuracy or completeness of any translated version of our Website, Services, or this Agreement, please refer to the English version, which is the official and authoritative version.
F. Third-Party Beneficiaries
You understand and agree that, except as otherwise expressly stated in this Agreement, our vendors are the only Third-Party Beneficiaries of this Agreement.
G. No Joint Venture
You acknowledge and agree that no independent contractor, partnership, joint venture, employer-employee, principal-agent, or franchiser-franchisee relationship is intended or created by this Agreement or your use of Membership Services or Services.
H. Waiver
The failure to strictly or timely enforce any provision of or exercise any right under this Agreement is not a waiver of our ability or right to do so later or of our ability or right to enforce any other provision of or exercise any right under this Agreement. Any waiver must be in writing and signed by the waiving party.
I. Severability
Except as otherwise expressly stated in this Agreement, if any provision (or portion thereof) of this Agreement is found by a court or arbitrator of competent jurisdiction to be unenforceable, illegal, null, void, or against public policy, such provision (or portion thereof) will be modified so as to render it enforceable and effective to the maximum extent possible in order to affect the intention of the provision and this Agreement. If a court or arbitrator finds the modified provision to be unenforceable, illegal, null, void, or against public policy, the enforceability of the remaining provisions of this Agreement and this Agreement in general will not affected in any way.
J. Survival
Any provision of this Agreement which imposes an obligation after termination, cancellation, or expiration of your Member Account or this Agreement will survive the termination, cancellation, or expiration of this Agreement.
K. Integration
This Agreement constitutes the entire agreement between you and Salvagebid with respect to its subject matter, other than Purchase Agreement Documents, when signed, and replaces and supersedes any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of this Agreement. There have been no representations, warranties, or promises outside of this Agreement.
13. Contacting Salvagebid
You may contact us at:
Salvagebid, Inc.
+1 (360) 347-1300 (phone)
Email: Support@Salvagebid.com