Effective Date: December 30, 2022
Last Updated: February 11, 2023
The following terms and conditions (the “Terms”) are between you and Fourbie Exchange (“Fourbie Exchange” or “our” or “we” or “us”) and govern your use of the website located at https://www.fourbieexchange.com/ (“Site”) and any content, products, or services made available from or through the Site, including any subdomains thereof (together with the Site, the “Services”).
1. Your Acceptance of These Terms
These Terms between you and Fourbie Exchange govern your use of the Services. Your use of the Services signifies your acceptance of these Terms and constitutes a legally binding agreement between you and Fourbie Exchange. Fourbie Exchange may modify these Terms at any time and will post the modified Terms on the Site. Any modification is effective immediately upon posting. Your continued use of the Services will be conclusively deemed to signify your acceptance of such modifications.
2. The Services: Connecting Sellers & Buyers
The Services include a platform that serves as a peer-to-peer marketplace connecting those offering vehicles for sale (“Sellers”) with those seeking to purchase vehicles (“Buyers”). The purpose of the Services is to connect Sellers and Buyers, who may seek to purchase a vehicle listed for sale on the Services (each, a “Seller Vehicle”) in one of two ways: (1) by bidding on such Seller Vehicle through the auction portion of the Services (the “Auction Product”); or (2) by placing an offer on such Seller Vehicle through the classified portion of the Services (the “Classified Product”).
These Terms apply to Sellers, Buyers, as well as any other visitor, registrant, or user of the Services (together with “Buyers” and “Sellers”, “Users” or “you”). Fourbie Exchange is not an automobile broker, dealer, or traditional auctioneer and does not sell, buy, exchange, negotiate a sale or exchange, store, ship or deliver any Seller Vehicles. Any actual contract for sale of each Seller Vehicle is directly between the Seller and the Buyer. You acknowledge and agree that Sellers are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Fourbie Exchange, and that Fourbie Exchange does not supervise, direct, control, or monitor any Seller’s actions or Seller Vehicles.
When you list a Seller Vehicle as part of the Classified Product, you must be prepared to sell such Seller Vehicle at the price at which, and the terms on which, you have listed it.
While a Seller Vehicle is listed on the Services as part of the Auction Product, you may not list or make available such Seller Vehicle on any other auction, dealership, listing service or publication. You may not remove, or request the removal of, such Seller Vehicle before the end of such auction, and Fourbie Exchange reserves the right to permanently prohibit any Seller who does so from using the Services in the future. If there is a winning bid for your Seller Vehicle, you acknowledge and agree that you will make reasonable efforts to complete the sale of your Seller Vehicle within 14 days of the conclusion of the Auction.
You must have possession of the actual Seller Vehicle and the ability to transfer title.
Before purchasing a Seller Vehicle, you are responsible for making your own assessment that the Seller Vehicle is suitable and any information provided by Seller, including Seller credentials, accurate.
If you place an offer on or win a bid for a Seller Vehicle, you acknowledge and agree that your offer or bid is binding on you, and you will be responsible for all applicable government fees and taxes associated with your purchase of the Seller Vehicle. You acknowledge and agree that you will make reasonable efforts to complete the sale of your Seller Vehicle within 14 days of the conclusion of the Auction.
3. Fees & Payment Terms
While it is free to register for the Services, certain aspects of the Services may require that you pay Fourbie Exchange a fee. We reserve the right to increase the fees and to charge for certain or all Services in the future. We will notify you before implementing any such increase or change by posting the modified fees in the updated Terms on the Site.
You must pay all fees and applicable taxes associated with our Services by the payment due date (including, without limitation, any fees incurred in connection with the use of our third-party payment processor, Stripe, Inc.). Stripe’s terms of service can be found at https://stripe.com/legal.
Prices listed on the Services for Seller Vehicles are set by the Sellers. Fourbie Exchange does not collect or process payment or transfer of title on behalf of Buyers or Sellers.
Sellers are not obligated to pay any fees to list a Seller Vehicle as part of the Auction Product. Any fees a Seller is obligated to pay to list a Seller Vehicle as part of the Classified Product are set forth in and subject to such Seller’s Syndication Agreement with Fourbie Exchange.
Buyers are not obligated to pay any fees to purchase a Seller Vehicle as part of the Classified Product.
If you win a bid for a Seller Vehicle as part of the Auction Product, you will pay Fourbie Exchange a fee (“Buyer’s Fee”) equal to 4.0% of the winning bid amount listed on the Services. Notwithstanding the foregoing, for each winning bid, the minimum Buyer’s Fee is $350.00 and the maximum Buyer’s Fee is $5,000.00. All Buyer’s Fees are non-refundable.
If you place a bid as part of the Auction Product, we will place a hold on your credit card in an amount equal to 4.0% of your bid amount (a minimum of $350.00, up to a maximum of $5,000.00). Once the auction is completed, we will remove all holds, except for the hold on the winning Buyer’s credit card, which will be charged as payment for the Buyer’s Fee.
4. Intellectual Property
With the exception of User Data, the Services and their entire contents, features, and functionality, including trademarks, service marks, images, descriptions, any and all related technology and any modifications, enhancements or derivative works thereof (collectively, “FE Materials”) are the property of Fourbie Exchange, its licensors, or other providers of such material, and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. As between you and Fourbie Exchange, Fourbie Exchange retains all right, title and interest, including all intellectual property rights, in and to the FE Materials. You agree to notify Fourbie Exchange immediately upon becoming aware of any claim that the Services infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
Subject to your compliance with these Terms, Fourbie Exchange grants you a limited, non-exclusive, non-sublicensable, non-transferable, right to access and use the Services solely for your personal use. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Fourbie Exchange. Except as expressly permitted by these Terms, you will not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the FE Materials in whole or in part.
If you provide Fourbie Exchange any feedback or suggestions regarding your use of the Services, including for improving the Services (“Feedback”), you hereby assign to Fourbie Exchange all right, title, and interest in such Feedback and agree that Fourbie Exchange is free to use such Feedback in any manner it deems appropriate. Fourbie Exchange will treat any Feedback you provide to Fourbie Exchange as non-confidential and non-proprietary.
5. Additional Obligations & Restrictions on Use
To access the Services, you may be asked to sign up for an account, select a password and username, and provide certain registration details or other information (“Credentials”). You agree to provide us information that is correct, current, and complete. You are responsible for protecting the confidentiality of your Credentials. Fourbie Exchange is not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials.
You agree that you will not: (i) copy, modify, translate, patch, improve, or create any derivative works of the Services, or any part thereof; (ii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Services, or any part thereof; (iii) circumvent technical or security measures used in conjunction with the Services; (iv) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any other product or service, unless you obtain Fourbie Exchange’s express prior written consent to do so; (v) forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Data transmitted to or via the Services; (vi) collect, store, publish, post, sell, transmit or disclose personal data about other Users of the Services unless expressly authorized by such other Users to do so; (vii) harvest or otherwise collect information about other Users of the Services without their consent; (viii) alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices; (ix) use the Services for competitive purposes, including to develop or enhance a competing service or product; or (x) violate any applicable state, national or international law or regulation or the rights of third parties, including intellectual property laws and third-party rights with respect thereto.
You further agree that you will not use the Services (xi) to post, list, or upload inappropriate content or items; (xii) to impersonate or attempt to impersonate Fourbie Exchange, an Fourbie Exchange employee, another User, or any other person or entity; (xiii) if you are unable to form legally binding contracts or are suspended, temporarily or permanently, from using the Services; or (xiv) if you are prohibited from doing so under economic, trade, or other sanctions.
6. User Content & User Data
By submitting, uploading, transmitting or making available to Fourbie Exchange through the Services any of your data and materials (“User Content”), you represent and warrant that (i) you own or have all rights necessary to submit, upload, transmit or make available such User Content and otherwise use it for your intended purpose; and (ii) the User Content you submit, your use of such User Content, and our use of such User Content, as set forth in these Terms, do not and shall not (a) infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party; and (b) violate any applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation. You agree that you will not post content that is false, deceptive, inaccurate, misleading, defamatory, obscene, threatening, libelous, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You further agree that you will not post content that consists of or contains software viruses, political campaigning, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
You are solely responsible for your User Content and assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. Fourbie Exchange takes no responsibility and assumes no liability for any User Content posted by you or any third party. Any User Content you post will be considered non-confidential. Fourbie Exchange has the right but not the obligation to monitor and edit or remove any User Content.
By making any User Content available through the Services you hereby grant to us a non-exclusive, transferable, sub-licensable, worldwide, perpetual, irrevocable, fully paid up, royalty-free license to use, copy, modify, aggregate, create derivative works based upon, distribute, publicly display, publicly perform, distribute and otherwise fully exploit your User Content in connection with the Services and our (and our successors’ and assigns’) businesses, including, without limitation, to promote and redistribute part or all of the Services in any media and through any media channels, including after the termination of your account or the Services. You also hereby grant each User of the Services a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
You may collect and use information from or relating to another User (“User Data”) solely as necessary to complete your diligence and the auction transaction and must do so in compliance with applicable laws. You must destroy all User Data as soon as the auction is concluded.
7. Termination of Access & Use
You agree that Fourbie Exchange, in its sole discretion and without notice or other obligation to you, may terminate, change, suspend or discontinue any aspect of the Services at any time and that we may suspend or terminate your access to and use of the Services if we believe that you are in breach of our Terms or applicable law, or for any other reason without notice or liability.
8. Eligibility & Access Outside of the United States
You represent and warrant that you are of legal age to form a binding contract with Fourbie Exchange and are not barred from using the Services by the laws of the United States or the country in which you reside. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Fourbie Exchange makes no claims that the Services or any of its content are appropriate or may be downloaded or accessed outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you use the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
10. Copyright Policy
If you believe that any content posted on the Services violates your copyright, please see our Copyright Policy provided at https://www.fourbieexchange.com/copyright-policy/ for instructions on sending us a notice of copyright infringement.
10. Third-party Websites
11. Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOURBIE EXCHANGE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS AND AVAILABILITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. FOURBIE EXCHANGE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, WITH RESPECT TO SELLER VEHICLES, THE MILEAGE), FOURBIE EXCHANGE IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION.
FOURBIE EXCHANGE FURTHER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GOODS OR SERVICE, INCLUDING SELLER VEHICLES, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SERVICES OR ANY THIRD-PARTY WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE, AND EXPRESSLY DISCLAIMS ANY SUCH RESPONSIBILITY AND LIABILITY. YOU ASSUME ALL RISKS FOR YOUR USE OF OR RELIANCE ON THE SERVICES.
FOURBIE EXCHANGE IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER OF THE SERVICES. FOURBIE EXCHANGE CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO. FOURBIE EXCHANGE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN USERS AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE SERVICES.
12. Limitation of Liability
NEITHER FOURBIE EXCHANGE NOR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF FOURBIE EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICES OR ANY PERFORMANCE UNDER THESE TERMS, INCLUDING A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT. TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION RENDERS JUDGMENT AGAINST FOURBIE EXCHANGE, NOTWITHSTANDING THE FOREGOING, FOURBIE EXCHANGE’S LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE GREATER OF 1) THE AMOUNT PAID BY YOU IN CONNECTION WITH SUCH USE IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY, OR 2) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Dispute Resolution
14. Governing Law
If there is a dispute between Users, or between Users and any third party, you agree that Fourbie Exchange is under no obligation to become involved. If you have a dispute with one or more other Users, you release Fourbie Exchange, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You shall indemnify, defend and hold harmless Fourbie Exchange and its affiliates, service providers, licensors, and their respective officers, directors, employees, contractors and agents from and against any and all claims, actions, damages, obligations, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, costs of collection and other costs of defense, arising out of or relating to your (i) use of the Services or FE Materials, (ii) User Content, (iii) violation of these Terms, or (iv) violation of applicable laws.
Any notices shall be given by email to you at the last known email address provided to Fourbie Exchange and, in the case of Fourbie Exchange, to firstname.lastname@example.org. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing.