Auction Exclusivity Policy
Before The Lane
Policies, Guidelines and Terms of Service
Mission Statement. Before The Lane (hereinafter, “AD”), a platform of Double Clutch Automotive (hereinafter, “DCA”) auction sales, which is a platform of IntraMotive, LLC, seeks to promote the fair and ethical treatment of both buyers and sellers. AD has been established as an automobile dealer (hereinafter, “Dealer”) to retail consumer (hereinafter, “Bidder”) auction style sites presenting both Dealer and Bidder with a final opportunity to promote a sale prior to offering the automobile on the wholesale market, and presents Bidder with the opportunity to purchase a vehicle at as close to wholesale pricing as possible.
The purpose of this page is to explain the terms and conditions upon which both Dealers and Bidders may utilize our online auction services and associated software (hereinafter, “Service”). Our Service will include for Dealers the submitting of vehicles for auction and for Bidders the ability to submit bids.
By utilizing this Service, both Dealers and Bidders confirm that they have read, understood and agree to be bound by the rules, regulations, terms and conditions outlined herein (hereinafter, “Rules”) and to be bound by the privacy conditions outlined herein. The Rules apply to all Dealers, Bidders and any and all persons or entities that access the Service (hereinafter, “Users”). The Rules may be amended from time to time and the use of the Service binds Users to any and all changes or modifications to said Rules.
By utilizing the AD Service, Users acknowledge and agree that they have carefully read and understand each and every provision of the Rules. Only Dealers who subscribe to the AD platform (“Subscribers”) may utilize the Service as a seller. Subscribers acknowledge that they have read and agreed to all the Rules outlined herein. All Users shall comply with all published Rules and all applicable local, state and national rules and regulations. Any published Rules shall be in conformance with all applicable local, state and national rules and regulations. Use of the Service is limited to persons aged 18 and older. Bidders utilizing the Service must acknowledge that they have read, understand and agree to the Rules outlined herein which form a binding contract between AD, Dealer and Bidder.
Dealer’s Responsibilities. It is Dealer's obligation to accurately disclose all facts and details regarding any vehicle being listed for sale, which includes providing an accurate and honest condition report consistent with the manner herein described.
1. Dealer will be held responsible for the accuracy and completeness of all representations or descriptions of the vehicle. This includes vehicle markings, condition information and verbal or written statements made by Dealer or the selling representative at the time of sale.
2. In the event that the Reserve Price is met or exceeded, Dealer is responsible for selling said vehicle for the highest bid.
3. Mileage announcements are required on all vehicles sold at auction and any mileage discrepancy known or apparent to Dealer must be disclosed. Dealer may represent miles on exempt vehicles. Any disclosures made by Dealer and all known odometer discrepancies are grounds for the cancellation of a bid.
4. Dealer reserves its right to make changes to the auction format at any time during a live auction, with the exception of the Reserve Price.
5. If a vehicle is being offered for sale by a third party, an announcement of "Third Party Dealer", a/k/a "Broker" is required. Disclosure requirements and time limits are subject to AD’s auction policy. The individual or entity placing the advertisement is deemed to be Dealer. Any individual and/or entity brokering a vehicle or listing a vehicle on consignment shall be responsible for all Dealer's responsibilities and obligations contained herein.
6. By submitting their information, Dealer fully and unconditionally releases and forever discharges AD and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between Dealer and Bidder or one or more Users or any other person or entity; or (ii) the use by AD of Dealer information in violation of Dealer’s intellectual property rights, copyrights, rights of publicity or privacy, "moral rights", or rights of attribution and integrity. Dealer acknowledges and agrees that AD has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any Bidder, User or third party of any Dealer information. AD acts as a passive conduit for Dealer information and has no obligation to screen or monitor Dealer information.
7. Dealer reserves the right to place a bid(s) in any auction provided the bid’s value is less than or equal to the Reserve Price.
8. AD has the absolute right to remove and/or delete without notice any Dealer information within its control that it deems objectionable.
Bidder’s Responsibilities. It is Bidder's obligation to read and comply with all responsibilities and policies outlined herein. Bidder's bid on a vehicle shall constitute an affirmative acknowledgment that Bidder has read the condition report and all of Dealer’s disclosures, and has complied with the policies outlined herein.
1. Prior to placing bids, Bidder is responsible for inspecting the vehicle condition report and reviewing any announcements and disclosures made by Dealer, AD, or a selling representative.
2. Online Bidders are responsible for reviewing all pertinent information available online, including, but not limited to, announcements, disclosures, condition reports, pictures and online listings.
3. Once the vehicle is sold, in the event the Reserve Price has been met, Bidder must review the AD sales receipt or appropriate document to confirm the vehicle price, disclosures and announcements are correct before legibly printing and signing their name or digitally/electronically signing the AD sales receipt or other appropriate document.
4. Bidder or Bidder's agent (transporter or driver) should note and must document any obvious damage prior to removing the vehicle from Dealer’s possession. Dealer will not be responsible for any obvious damage not identified in the condition report once the vehicle is removed from Dealer’s possession.
5. Bidder agrees that: (i) each bid submitted via the AD platform is binding on Bidder; and (ii) Bidder is responsible for all applicable government fees and taxes for applicable vehicles purchased by Bidder via the AD platform.
Deposits and Credit Cards. At such time as Bidder makes its first bid, Bidder’s credit card will be charged the sum of One Thousand Dollars ($1,000.00). At the conclusion of the auction, the deposits from unsuccessful Bidders will be returned. The deposit of the successful Bidder shall be paid to Dealer as a credit toward the purchase price (i.e., the successful winning bid). If any successful Bidder does not consummate the purchase of the auctioned vehicle, the deposit shall be forfeited and thus become non-refundable.
Dealer’s Subscription. Dealer Subscriptions give Dealer access to the platform that AD has created. AD shall maintain the platform and maintenance shall be performed by AD from time to time as it deems necessary, in its sole discretion. Dealer shall be entitled to utilize the account for Dealer’s entity and any entity owned, operated or controlled by Dealer. Dealer may never use the AD platform for the benefit of any other unrelated third party entity. Dealer may not share its password with any unrelated entity. Dealer shall be responsible for any unauthorized use and/or losses caused by the unauthorized use of Dealer’s account.
AD can send notices relating to the system, other Dealers or auction purchasers by email which satisfies notice requirements mandated by law. Such e-mail addresses shall be those designated by Dealer in establishing its account with AD.
Dealer shall be solely responsible for all material and content placed upon the AD platform. AD, in its sole discretion and with or without notice, retains the absolute right to revise or remove any Dealer material placed on the platform for any reason or no reason, and Dealer consents to such removal or deletion and waives any claims they have against AD for such removal. Dealer information placed on the AD platform shall not infringe on any rights of other third parties, shall not contain any libelous, defamatory, offensive, obscene, threatening, harassing or hateful content, any viruses or harmful files, nor any faults or misleading information.
AD does not act to verify the accuracy or truthfulness of any Dealer content. Dealer acknowledges and agrees that AD has no control over any material placed on the AD platform by Dealer. AD shall have no liability to Dealer or any Bidder for any content placed on the AD platform by Dealer and Dealer shall indemnify and hold AD and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees (including, but not limited to, reasonable attorneys’ fees) arising from or in connection with any material placed on the AD platform by Dealer in violation of these rules or any law or rights of any third parties.
The Auctions. Dealer may select from several types of auctions currently offered or offered in the future by AD. A complete listing of the available auctions is contained herein with the description of the specific rules that apply to each auction. DEALER ACKNOWLEDGES THAT UPON POSTING AN AUCTION ON THE AD PLATFORM, DEALER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE AUCTIONED VEHICLE ON ANY OTHER AUCTION PLATFORM OR THROUGH ANY OTHER SOURCE OF SALE OTHER THAN THE AD PLATFORM. DEALER SHALL NOT REMOVE ANY POSTED VEHICLE FROM THE AUCTION PRIOR TO THE CONCLUSION OF THE AUCTION AND SHALL NOT ACCEPT ANY BIDS OUTSIDE OF THE AD PLATFORM OR OTHERWISE SELL THE VEHICLE OTHER THAN THROUGH THE AD PLATFORM UNTIL THE AUCTION IS CONCLUDED EITHER WITH A SALE OR NON-SALE. NOTWITHSTANDING THE FOREGOING, DEALER ACKNOWLEDGES AND UNDERSTANDS THAT AD RESERVES THE RIGHT TO DELETE ANY AUCTIONS IN ITS SOLE AND UNILATERAL DISCRETION, WITH OR WITHOUT REASON.
1. Entire Agreement/Severability. The terms of this agreement, together with any amendments any Users may enter into with AD in connection with the AD platform shall constitute the entire agreement between Dealer, Bidder and AD concerning the platform. If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.
2. No Waiver. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term, and AD's failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
3. Indemnity. Dealers and Bidders jointly and severally agree to defend, indemnify and hold harmless AD and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including, but not limited to, attorneys' fees) arising from: (i) Bidder’s or Dealer's use of and access to the AD platform, including any data or content transmitted or received by Bidder or Dealer; (ii) Bidder’s or Dealer's violation of any of these terms, including, without limitation, Bidder’s or Dealer’s breach of any of the representations and warranties above; (iii) Bidder’s or Dealer’s violation of any third party right, including, without limitation, any right of privacy or intellectual property; (iv) Bidder’s or Dealer's violation of any applicable law, rule or regulation; (v) Dealer information or any content that is submitted via your account that is, without limitation, misleading, false, or inaccurate; (vi) Bidder’s or Dealer’s willful misconduct; or (vii) any other party's access and use of the Service with Bidder’s or Dealer’s unique username, password or other appropriate security code.
4. Governing Law. Users agree that: (i) the AD platform and any auctions shall be deemed solely based in New York State; and (ii) the AD platform and any auctions shall be deemed a passive one that does not give rise to personal jurisdiction over AD, either specific or general, in jurisdictions other than New York State. These terms shall be governed by the internal substantive laws of the State of New York without respect to its conflict of laws principles. The Users acknowledge that these terms evidence a transaction involving interstate commerce.
5. No Warranty. THE AD PLATFORM IS PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS. USE OF THE AD PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY DEALER OR BIDDER FROM AD OR THROUGH THE AD PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AD, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE AD PLATFORM WILL MEET USERS REQUIREMENTS; THAT THE AD PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE AD PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AD PLATFORM IS DOWNLOADED AT THE USER’S OWN RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
WHILE AD TRIES TO MAKE SURE THAT ALL INFORMATION POSTED ON THE AD PLATFORM IS COMMUNICATED ACCURATELY, AD CANNOT BE RESPONSIBLE FOR THE TYPOGRAPHICAL AND OTHER ERRORS THAT MAY APPEAR ON THE AD PLATFORM. IF THERE IS INCORRECT INFORMATION GIVEN ABOUT A VEHICLE, AVAILABILITY, DESCRIPTION, CONDITION OR MILEAGE DUE TO A TYPOGRAPHICAL ERROR, AD IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION, BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. AD RESERVES THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS.
THE AD PLATFORM MAY BECOME INACCESSIBLE OR IT MAY NOT FUNCTION PROPERLY WITH A USER’S WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. AD CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FORM AD PLATFORM CONTENT, OPERATION, OR USE OF THE AD PLATFORM.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO AN AD PLATFORM USER. THIS AGREEMENT GIVES USERS SPECIFIC LEGAL RIGHTS, AND USERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.