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Listing Agreement |
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All participants must be currently licensed by appropriate and applicable governmental authority and able to legally purchase or sell items listed on the DEALER 2 DEALER NETWORK website. You must describe each item accurately, including listing any known defects. You may place descriptive text to include your conditions for sale and digital pictures of the item in the listing. Listing any Dealer OR Financial Center contact information or any other information to help identify the name or location of the seller or location of the item is prohibited. An e-mail confirmation will be sent upon successful completion of the item’s pending auction. The e-mail will show all information regarding the item and its auction.
DEALER 2 DEALER NETWORK reserves the right (and will assume no obligation) to delete, move, or edit any items or auctions which violate this agreement, or that we consider unacceptable or inappropriate. You agree not to post or transmit any obscene, defamatory, threatening, abusive, misleading, illegal material, or any other material that infringes on the rights of others or interferes with the functions of this site.
Information about a particular vehicle listed on dealer2dealernetwork.com is supplied by the seller of the vehicle, not by Dealer 2 Dealer Network, and Dealer 2 Dealer Network does not make any representations or warranties with respect to the accuracy or completeness of such information or the condition of any vehicles. Responsibility for the information contained in vehicle listings lies with each seller. If a winning bidder files an arbitration form against you for not describing the car accurately, you will have wasted everyone’s time and money, including yours because they won’t buy the car and you will get a bad rating as a seller. Basic rule “HONESTY IS ALWAYS THE BEST POLICY”.
Neither Participant nor any of Participant's representatives may contact a buyer or seller to sell or purchase a vehicle listed on Dealer 2 Dealer Network outside of Dealer 2 Dealer Network. Repeated attempts to do so may result in termination of Participant's access to Dealer 2 Dealer Network.
When Participant offers a vehicle for sale through Dealer 2 Dealer Network , Participant must be prepared to sell that vehicle at the price at which, and the terms on which, Participant has listed it. Participant must have the ability to transfer title of the actual vehicle listed.
By using the Dealer 2 Dealer Network website, Participant agrees that vehicle inventory made available by it (or on its behalf) for listing on Dealer 2 Dealer Network may be displayed on Dealer 2 Dealer Network and other portals that Dealer 2 Dealer Network may select, and for any other purposes at Dealer 2 Dealer Network’s discretion, including, but not limited to, providing listings to third parties to obtain wider distribution and using listing data to derive and distribute other information, such as vehicle valuations and market information.
Dealer 2 Dealer Network and its licensees may include Participant's name, contact(s), location and phone number to the winning bidder once the Participant's vehicle listings have sold.
Participant agrees that Dealer 2 Dealer Network may reject any vehicle listing in Dealer 2 Dealer Network’s discretion.
Participant agrees that Dealer 2 Dealer Network owns all rights (including, without limitation, copyright rights) in the Dealer 2 Dealer Network’s website and in any information collected by Dealer 2 Dealer Network or its vendors and/or licensees relating to users of the Dealer 2 Dealer Network website (including, without limitation, any personally identifiable transaction data and "clickstream" data).
Participant represents and warrants that it has all rights necessary to make available its vehicle listings information to Dealer 2 Dealer Network and its licensees, and that Dealer 2 Dealer Network’s access, distribution, and use of the vehicle listings information as contemplated by this agreement will not violate any applicable law, rule or regulation and will not infringe any rights of any third party, including, but not limited to, any contractual rights, copyright, trademark, patent, or trade secret rights or any right of privacy or publicity. Participant will indemnify and hold Dealer 2 Dealer Network and its employees, and its licensees and their affiliated entities, and their employees, harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties, and/or resulting from any mistake or inaccuracy in vehicle listings information made available by Participant (or on Participant's behalf), and/or arising out of Dealer 2 Dealer Network's use of vehicle listings information made available by (or on behalf of) Participant. By submitting material to Dealer 2 Dealer Network, Participant is permanently granting Dealer 2 Dealer Network all rights to the material, including the right to modify the material, to display and distribute the material and otherwise use it commercially, and to maintain the material in an archive.
Participant represents and warrants that (i) it is the true and lawful owner of each vehicle listed on Dealer 2 Dealer Network on Participant's behalf, (ii) that the same is free from all liens and encumbrances, (iii) that Participant has the good right and full power to sell and transfer title to the same, and (iv) that Participant will warrant and defend the same against the lawful claims and demands of all persons whomsoever.
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