Message & Data Rates: Message and data rates may apply to each SMS message sent or received. Contact your wireless provider for details on fees and charges.

Opt-Out: To stop receiving SMS messages from Bidbus, reply with the word "STOP" to our number. We will send you a final message to confirm that you've been unsubscribed. After this, you will no longer receive SMS messages from us.

Help Information: For help or information on our SMS service, reply with the word "HELP".

Supported Carriers: Supported carriers may change, but currently include AT&T, Verizon, Sprint, T-Mobile, etc.

Warranty: Bidbus does not guarantee the delivery or performance of any SMS messages. SMS messages are provided on an “as is” basis. We are not responsible for messages that are lost or not delivered due to issues with carriers or mobile devices.

Privacy: We respect your privacy. We will not share or use your mobile number for any other purpose. Please refer to our Privacy Policy at [link to Privacy Policy] for more information.

Changes & Termination: Bidbus reserves the right to modify or terminate the SMS service or your access to the service for any reason, without notice, and without liability to you.

User Responsibilities: You are responsible for managing the types of SMS texts you receive and ensuring we have your up-to-date mobile number.

Limitation of Liability: Under no circumstances will Bidbus or its affiliates be responsible for any SMS messaging or wireless charges incurred by users or by a person that has access to a user’s wireless device, telephone number, or both.

Jurisdiction: These terms are governed by and construed in accordance with the laws of California, without giving effect to its conflict of laws rules.

Registration. To be eligible to access the Services, you must complete Bidbus’ online registration process. Upon receipt and approval of your registration documents, you and your designated authorized representatives (“Authorized Representatives”) will be issued unique names and passwords to access the Services. You are liable and responsible for all actions, missions and any failure to act of your Authorized Representatives in connection with your Authorized Representatives’ use of the Services. You represent and warrant that all information that you provide to Bidbus is accurate and complete and that you will notify us in writing of any changes to the information provided. You hereby authorize Bidbus to share the information you provide to us (including, without limitation, financial information) with Bidbus partners solely to the extent such information is needed to provide the Services. You agree not to give anyone access to the Services other than your Authorized Representatives. Further, you represent and warrant to Bidbus that: (a) you and your Authorized Representatives are in compliance with and shall comply with all laws and regulations that apply to your business; and (b) you and your Authorized Representatives have secured and will maintain all permits, licenses and governmental approvals required to operate your business including, without limitation, as required to access and participate in the Services. We reserve the right to temporarily or permanently suspend your access rights and/or the access rights of any of your Authorized Representatives at any time in our sole and absolute discretion.

Permitted Use. You agree that you will use the Services solely for your internal business purposes and will not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than to your Authorized Representatives or as otherwise contemplated by these Terms; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that violates third-party privacy rights; (iv) send or store malicious code or viruses; (v) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (vi) attempt to gain unauthorized access to the Services or its related systems or networks. You further agree that you will not (i) modify, copy or create derivative works based on the Services; (ii) frame or mirror any content forming part of the Services; (iii) reverse engineer or decompile the Services; (iv) access the Services in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Services; or (v) permit or authorize any third party to do any of the above at your direction or on your behalf.

Bidbus’ Role. Bidbus provides services to facilitate the exchange of vehicles between you, Buyers, and Sellers. Bidbus does not take title to the vehicles listed for sale via the Services. Bidbus is neither the Buyer nor the Seller of the vehicles listed for sale. As a commercial party, you should research the condition and value of the vehicle and the terms of sale before bidding. Bidbus is not a party to the vehicle sale contract but is a third-party beneficiary of the contract, entitled to the parties’ performance and to seek legal remedies for the parties’ breach. You agree that any legal claims arising out of a transaction will be between you and the other party (either Buyer or Seller) in the transaction and not against Bidbus.

Your Obligations as Buyer. You represent, warrant, and agree to the following terms:5.1. That you are a licensed motor vehicle dealer in good standing;

Payment Terms. In consideration of access to the Services, you agree to pay Bidbus or partners (as applicable) all fees and charges assessed by Bidbus and/or the Bidbus partners for access to the Services (collectively, the “Fees”). Fees are subject to change without notice. Please request a current list of Bidbus’ Fees from your assigned account manager The purchase price of the vehicle, service charges, plus all applicable taxes and fees payable by you in connection with a transaction is the “Total Payment Amount.” All Fees are non-refundable. You shall pay Bidbus’ Fee within two (2) business days after your bid is accepted as the winning bid (the “Payment Due Date”). Payment shall be made in U.S. dollars by, ACH electronic funds transfer, check, cashier check, floor plan, or by another financing arrangement acceptable to Bidbus (each a “Payment Method”). If payment is not received by the Payment Due Date or the buyer cancels the transaction for no reason, a $1000 fee will be automatically debited using the default payment method selected by you. Bidbus reserves the right to specify the type of Payment Method it will accept from you in our sole and absolute discretion. In addition to whatever rights of set-off Bidbus may have in any jurisdiction where vehicles are sold, if you fail to pay fees or other amounts owing when due to Bidbus or any Bidbus partner, Bidbus will be entitled to immediately set off the amount owed by you from any funds due from Bidbus to you. In addition, if you fail to pay the purchase price to seller or your fee to Bidbus by the Payment Due Date, we may: (a) electronically debit your bank account or floor plan account in accordance with the default payment method selected by you or another account made available to Bidbus; (b) withhold title documents until all amounts owed have been paid; (c) cancel the sale transaction; (d) charge interest on any past due amounts at the rate of one and one half (1.5%) percent per month, calculated in U.S. dollars, or the maximum rate allowed by law, whichever is less; and/or (e) Pursue any other remedy or relief permitted by law. If Bidbus accepts payment from you by electronic check, you authorize Bidbus to initiate debit entries to its account at the financial institution on which the electronic check was written. The electronic check debit authorization will remain in force until we have received written notice from you of its termination. Bidbus reserves the right to decline payment by electronic check at any time and for any reason. Any payment that is withdrawn by you or its bank, rejected, or returned for non-sufficient funds (“NSF”) must be settled and replaced immediately. NSF transactions will be subject to a service charge up to the maximum amount allowed by law and shall be immediately due and payable.7. Costs and Attorney Fees. You agree to pay all costs including, without limitation, attorney fees, court costs, and other expenses reasonably incurred by Bidbus or a Bidbus partner, to collect any monies owing by you8. Data. Bidbus has the right to use certain Customer-generated information, content, photographs and vehicle data for the limited use of promoting and carrying out the Services requested by such Customers. Customers and their representative dealerships grant Bidbus a limited license to utilize non-confidential information for the general purpose of promoting and providing Services to our Customers, and this license extends to trusted third parties with whom we work. Customers agree that this permission is royalty-free, irrevocable and worldwide for so long as Customer Information is held by Bidbus. All data collected by Bidbus related to vehicles, and all transaction data related to the Services shall be owned by Bidbus without restrictions on its use of such data.

Bidbus Intellectual Property. Bidbus reserves all rights, title, and interest in and to the Services, the Bidbus trademarks, logos and other brand features. These Terms do not grant Customers any rights in the Services except as expressly set forth herein. Bidbus’ trademarks may not be used in connection with any product, service, or marketing without the prior written consent of Bidbus. Bidbus welcomes feedback but reserves the right to use comments or suggestions without any obligation to the Customer.

Links to Other Web Sites. The Services may contain links to third-party websites or services that are not owned or controlled by Bidbus. Bidbus has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Bidbus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination. You are free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your access to and use of the Services if you are not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Bidbus reserves the right to terminate and delete your account.

DISCLAIMER OF WARRANTIES AND LIABILITIES. BIDBUS AND THE BIDBUS AFFILIATES PROVIDE THE SERVICES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO YOUR AND/OR YOUR AUTHORIZED REPRESENTATIVE’S USE OF AND ACCESS TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES WHICH MAY BE CREATED THROUGH COURSE OF DEALING. YOU AGREE THAT BIDBUS AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER, ACTUAL OR OTHERWISE, TO YOU OR YOUR AUTHORIZED REPRESENTATIVES BASED ON ANY OF THE FOLLOWING: (i) ANY DELAY, INTERRUPTION IN USE OF, FAILURE IN OR BREAKDOWN OF THE SERVICES OR ERRORS OR DEFECTS IN TRANSMISSION OCCURRING IN THE COURSE OF ACCESSING OR USING THE SERVICES; (ii) ANY UNLAWFUL OR UNAUTHORIZED USE OF THE SERVICES; (iii) ANY LOSS OF OR DAMAGE TO YOUR RECORDS OR INFORMATION; (iv) ANY CLAIM RESULTING FROM THE TERMINATION OF ACCESS TO THE SERVICES OR (v) ANY CLAIM RELATED TO ANY VEHICLE SOLD OR BOUGHT USING THE SERVICES.

Indemnity. You agree at your own expense to defend, indemnify, and hold Bidbus and its affiliates, and each of their directors, officers, employees and agents, harmless from and against any loss, damage, liability, demand, lawsuit, debt, charge, action, penalty, interest, claim, cost, tax or expense whatsoever, including without limitation any and all out-of-pocket costs and actual legal and accounting fees, duties and bonds, which Bidbus may incur, suffer or be required to pay as a result of or relating to, arising out of, or in connection with (a) your use of the Services; (b) your violation of the Terms; (c) your violation of any third party right, including, but not limited to, any intellectual property right, right of attribution, association, integrity, publicity, confidentiality, property or privacy right; (d) any claim in connection with a vehicle; or (d) any claim that your information, or your use the property of others, may have caused or did cause damage to a third party, including, but not limited to, claims that your information, or your use of the property of others, infringe the rights of others or caused damages to others. You also agree to indemnify Bidbus for reasonable legal and accounting fees, costs, and expenses incurred in enforcing the rights of Bidbus against you under these Terms.

Representations Regarding Taxes. Buyer certifies that it holds the appropriate documentation issued by the sales tax authority of the state, province, or locality of its business or where it purchases vehicles, as applicable, which exempts Buyer from the payment of sales tax, and warrants that it will provide a copy of such applicable documentation to Bidbus upon registration, at any time upon request, and as necessary to maintain the validity of such documentation. In the event that vehicles or other products purchased are used for any purpose other than for resale, Buyer will pay directly to the proper taxing authorities such sale or use tax as may then accrue and be due and payable.

Dispute Resolution. Any controversy or claim between you and Bidbus arising out of or relating to these Terms or the validity, inducement, or breach hereof (each such controversy or claim is hereinafter referred to as a "Dispute"), shall be settled as follows: First, the parties involved in the Dispute shall attempt to resolve any Dispute prior to commencing the procedures set forth below. I

Controlling Law. The Services provided hereunder are performed in the State of California and these Terms will be governed by California law except for its conflicts of laws principles. You represent that you have sufficient authority and all right and full power to agree to these Terms and to perform your respective obligations under these Terms on behalf of yourself or on behalf of the organization for whom you are acting, as the case may be.

Entire Agreement. These Terms constitute the entire agreement between you and Bidbus with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.

Waiver, Severability & Assignment. Bidbus’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms without Bidbus’ prior written consent, and any such attempt will be void. Bidbus may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

Modification of Terms. We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time with respect to all sales occurring after such modifications are effective. Modifications will take effect immediately upon posting of the revised Terms, provided however if a change is material we will provide at least 30 days notice prior to such modifications taking effect. What constitutes a material modification will be determined at our sole discretion. By continuing to access or use our Service after any modifications become effective, you agree to be bound by the revised terms.

Contact Us, Notices. Notices must be sent via first-class mail or overnight courier and are deemed given when received. Notices to the Customer may also be sent to the applicable account electronically by email and are deemed given when sent. Notices to Bidbus must be sent to: