Automagician LLC. Participation Agreement

PLEASE READ CAREFULLY ALL THE TERMS AND CONDITIONS OF THIS MARKETPLACE PARTICIPATION AGREEMENT AND THE PRIVACY POLICY. NO BUYER OR SELLER WILL BE PERMITTED TO USE THE AUTOMAGICIAN WEBSITE UNLESS IT ACCEPTS THE TERMS OF THIS AGREEMENT. YOU HEREBY CERTIFY THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE BUYER OR SELLER REFERENCED IN YOUR AUTOMAGICIAN ACCOUNT (THE "PARTICIPANT"). BY CLICKING THE "AGREE" BUTTON BELOW, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF PARTICIPANT.

As a user of the AUTOMAGICIAN website, whether as a seller or buyer of a vehicle, Participant agrees to the following terms and conditions:

1. General Provisions

AUTOMAGICIAN's collection, use and disclosure of information are subject to the terms of its privacy policy, shown below.

Should Participant believe that any material on the AUTOMAGICIAN website is inaccurate, Participant should forward a copy of the material to AUTOMAGICIAN's Customer Support Manager (Automagician LLC. 1 Point O Woods Terrace, Unit 5, Vernon, NJ 07462, Attn: Zoe L. Oddo,), along with an explanation of Participant's objection.

If Participant believes its intellectual property has been improperly posted or distributed via the AUTOMAGICIAN website, Participant should notify AUTOMAGICIAN by sending a notice by U.S. Mail to: Automagician LLC.1 Point O Woods Terrace, Unit 5, Vernon, NJ 07462, Attn: Zoe L. Oddo

AUTOMAGICIAN may change the terms of this agreement from time to time. By continuing to use the AUTOMAGICIAN website following AUTOMAGICIAN’s notice to you of such changes, you agree to be bound by this agreement, as modified. AUTOMAGICIAN may change, restrict access to, suspend, or discontinue the AUTOMAGICIAN website, or any portion of the AUTOMAGICIAN website, at any time. AUTOMAGICIAN reserves the right to deny use of the AUTOMAGICIAN website to anyone who does not comply with the requirements set forth in this agreement or who otherwise uses the AUTOMAGICIAN website in a manner AUTOMAGICIAN considers inappropriate.

2. How the AUTOMAGICIAN Website Works

The AUTOMAGICIAN website is a virtual, wholesale vehicle marketplace, where wholesale buyers and wholesale sellers can efficiently buy and sell vehicles outside physical auction lanes. Sellers – commercial consignors, wholesalers, brokers and dealers – list vehicles for sale through the AUTOMAGICIAN website. Each listing includes a vehicle identification number and description, 20+ photographs, a third party disclosure(s) regarding vehicle condition, and a reserve & buy-it-now price. Sellers will be offering vehicles for sale in an auction-style format. ALL SELLERS AND BUYERS MUST HAVE A VALID DEALER LICENSE.  AUTOMAGICIAN is a full service provider and will complete the following.

·         Photographing the said vehicle with 20+ digital color pictures.

·         Conduct a full walk-a-round inspection and complete a condition report.

·         Input findings in a full color listing and schedule for 2-5 day auction within a 24 hour turn-a-round.

·         Notify successful winning bids to both buyer and seller.

·         Creative invoice to all parties involved to complete the transaction.

 

*Collecting the purchase price, from buyer and delivering the title and odometer statement to buyer is done directly between the buyer and the seller.

*Arbitrating disputes between buyer and seller relating to the condition of the vehicle being sold; IS SOLEY BETWEEN THE BUYER AND THE SELLER. Automagician is not responsible and will not be held liable.

3. Registration and Access

To obtain access to the services and features of the AUTOMAGICIAN website, each representative of Participant will first need to register with AUTOMAGICIAN and will need to have Dealer License. As part of the registration process, each representative will select a user name and a password. If AUTOMAGICIAN has reasonable grounds to suspect that information a representative provides as part of his registration is untrue, inaccurate, not current or incomplete, AUTOMAGICIAN has the right to suspend or terminate the representative's account and refuse any and all current or future use of the AUTOMAGICIAN website (or any portion thereof). Participant and its representatives are responsible for maintaining the confidentiality of passwords and account numbers, and Participant is responsible for all activities that occur under its account and the accounts of its representatives. If Participant discovers or suspects any unauthorized use of its account or any of its representatives' accounts or any other breach of security, Participant will immediately notify AUTOMAGICIAN's Customer Support Manager (automagician@gmai.com). AUTOMAGICIAN is not responsible for any loss or damage arising from Participant's failure, or the failure of Participant's representatives, to protect or to keep password or account information confidential.

4. Conducting Transactions

Neither Participant nor any of Participant's representatives may contact a buyer or seller to sell or purchase a vehicle listed on AUTOMAGICIAN outside of AUTOMAGICIAN. Repeated attempts to do so may result in termination of Participant's access to AUTOMAGICIAN.

5. Additional Terms and Conditions for Sellers

When Participant offers a vehicle for sale through AUTOMAGICIAN, 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.

Participant must deliver any sold vehicle and title (unless title delay is announced) to the selected Winning Bidder within 3 days of sale.

By using the AUTOMAGICIAN website, Participant agrees that vehicle inventory made available by it (or on its behalf) for listing on AUTOMAGICIAN may be displayed on AUTOMAGICIAN and other portals that AUTOMAGICIAN may select, and for any other purposes at AUTOMAGICIAN'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.

AUTOMAGICIAN and its licensees may include Participant's name, contact(s), location and phone number in Participant's vehicle listings.

Participant agrees that AUTOMAGICIAN owns all rights (including, without limitation, copyright rights) in the AUTOMAGICIAN website and in any information collected by AUTOMAGICIAN or its vendors and/or licensees relating to users of the AUTOMAGICIAN website (including, without limitation, any personally identifiable transaction data).

Participant represents and warrants that it has all rights necessary to make available its vehicle listings information to AUTOMAGICIAN and its licensees, and that AUTOMAGICIAN '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 AUTOMAGICIAN 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 AUTOMAGICIAN 's use of vehicle listings information made available by (or on behalf of) Participant. By submitting material to AUTOMAGICIAN, Participant is permanently granting AUTOMAGICIAN 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 AUTOMAGICIAN 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.

6. Additional Terms and Conditions for Buyers

Participant understands and agrees that it may not retract any bids to purchase a vehicle via AUTOMAGICIAN without AUTOMAGICIAN's express written permission. The submission of a bid for a vehicle by (or on behalf of) Participant automatically becomes a legally binding contract to purchase the vehicle from the seller at the price and on the terms bid by (or on behalf of) Participant.

By clicking the "I agree" check box next to the Purchase Terms link and the "Bid" or "Purchase Now" button, you, on behalf of Participant, are agreeing to all of the policies, terms and conditions of such Purchase Terms and agree that each AUTOMAGICIAN sale transaction Participant engages in will be governed by such terms and conditions. The Purchase Terms will be enforceable against Participant like any written negotiated agreement signed by Participant. If Participant does not agree to the Purchase Terms, do not click the "I Agree" checkbox.

By clicking the "I agree" checkbox next to the link to the Arbitration Policy and the "Bid" or " Purchase Now" button, you, on behalf of Participant, are agreeing to all of the policies, terms and conditions of such Arbitration Policy and agree that such terms and conditions will govern each AUTOMAGICIAN sale transaction Participant engages in with that particular facilitation service provider or in certain cases (as indicated in the Arbitration Policy) certain named sellers. Such Arbitration Policy will be enforceable against Participant like any written negotiated agreement signed by Participant. If Participant does not agree to the Arbitration Policy, do not click the "I Agree" checkbox.

Participant represents and warrants that it has all rights necessary to purchase the vehicles for which it submits bids within the AUTOMAGICIAN marketplace, and that these purchases, as contemplated by this Marketplace Participation Agreement will not violate any applicable law, rule or regulation. Participant will indemnify and hold AUTOMAGICIAN 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.

7. Consent to Receive Advertising and Other Communications

Participant acknowledges that AUTOMAGICIAN may use means other than the website to support the sale and purchase of vehicles and to promote the services it offers buyers and sellers. Participant consents to be contacted directly by AUTOMAGICIAN if AUTOMAGICIAN believes it can assist Participant in its sale or purchase of vehicles through AUTOMAGICIAN or if AUTOMAGICIAN has an offer that it believes may be of interest to Participant. In such instances, the terms of this Marketplace Participation Agreement will apply. If, pursuant to this direct contact, Participant authorizes AUTOMAGICIAN to act on its behalf in connection with the sale or purchase of a vehicle, no fiduciary duty shall be created. Participant's authorization shall be deemed to include, when necessary, consent to AUTOMAGICIAN's use of Participant's account and password to access the system on Participant's behalf and to place bids authorized by Participant.

8. Links to Other Sites

AUTOMAGICIAN may make available a variety of links to other vendors' websites where Participant can obtain vehicle related products and services, including facilitation services. AUTOMAGICIAN cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. AUTOMAGICIAN is not responsible for the products or services these vendors provide. Participant releases AUTOMAGICIAN and its affiliates from any damages that Participant may incur, and agrees not to assert any claims against them, arising from Participant's purchase or use of third party supplied products and services.

9. Ownership and Permissions

The materials on the AUTOMAGICIAN website are the property of AUTOMAGICIAN or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, neither Participant nor its representatives may distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the AUTOMAGICIAN website. Neither Participant nor its representatives may use automated means, such as robots, screen scrapers, or spiders, to collect and/or index any information contained on the AUTOMAGICIAN website. Participant may display and occasionally print a single copy of any page on the site for its own use, but neither Participant nor its representatives may otherwise reproduce any material appearing on the AUTOMAGICIAN website without AUTOMAGICIAN's prior written consent. Neither Participant nor its representatives may store any significant portion of, nor distribute copies of, materials found on the AUTOMAGICIAN website, in any form (including electronic form), without prior written permission from AUTOMAGICIAN. Requests for permission to reproduce or distribute materials found on the AUTOMAGICIAN website should be sent to AUTOMAGICIAN's Customer Support Manager.

Participant may establish a hypertext link to the AUTOMAGICIAN website so long as the link does not state or imply any endorsement or sponsorship of Participant by AUTOMAGICIAN or any of its affiliates. However, without the prior written permission of AUTOMAGICIAN, neither Participant nor its representatives may frame any of the content of the AUTOMAGICIAN website or incorporate into another website or other service any intellectual property of AUTOMAGICIAN or its licensors. Requests for permission to frame AUTOMAGICIAN 's content may be sent to AUTOMAGICIAN 's Customer Support Manager, either by email or at the address above.

By using the AUTOMAGICIAN website Participant agrees (for itself and on behalf of its representatives) not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to use the AUTOMAGICIAN website. AUTOMAGICIAN will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to AUTOMAGICIAN. However, AUTOMAGICIAN may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce this agreement, or to protect the rights, property or safety of visitors to the AUTOMAGICIAN website, AUTOMAGICIAN's advertisers, the public or AUTOMAGICIAN.

Your obligations concerning misuse and confidentiality of the Data and AUTOMAGICIAN's right of action or claim against you for any breach thereof shall survive the termination of this Agreement.

10. Disclaimer of Warranties, Limitation of Liability, and Indemnification

IF PARTICIPANT RELIES ON AUTOMAGICIAN OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH AUTOMAGICIAN, PARTICIPANT DOES SO AT ITS OWN RISK. PARTICIPANT UNDERSTANDS THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED VIA AUTOMAGICIAN. THE SERVICES PROVIDED BY AUTOMAGICIAN AND THE AUTOMAGICIAN WEBSITE ARE PROVIDED TO PARTICIPANT "AS IS." AUTOMAGICIAN AND ITS PARENTS, AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH AUTOMAGICIAN (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE AUTOMAGICIAN WEBSITE). NOR DOES AUTOMAGICIAN OR ITS PARENTS, AFFILIATES, AGENTS OR LICENSORS GUARANTEE THAT THE AUTOMAGICIAN WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE AUTOMAGICIAN WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL AUTOMAGICIAN OR ITS PARENTS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO PARTICIPANT OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF PARTICIPANTS USE OF THE AUTOMAGICIAN WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE AUTOMAGICIAN WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF AUTOMAGICIAN OR ITS PARENTS, AFFILIATES, AGENTS OR LICENSORS ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. PARTICIPANT AGREES THAT THE LIABILITY OF AUTOMAGICIAN AND ITS PARENTS, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THE AUTOMAGICIAN WEBSITE AND/OR AUTOMAGICIAN 'S SERVICES WILL NOT EXCEED THE AMOUNT PARTICIPANT PAID, IF ANY, FOR THE USE OF THE AUTOMAGICIAN WEBSITE, OR FOR THE PROVISION OF SUCH SERVICES, OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO PARTICIPANT. PARTICIPANT AGREES TO INDEMNIFY AND HOLD HARMLESS AUTOMAGICIAN, ITS PARENTS, AFFILIATES, EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING PARTICIPANT PLACES THROUGH THE AUTOMAGICIAN WEBSITE AND ANY AND ALL CLAIMS WITH RESPECT TO PARTICIPANT'S CONSENT TO RECEIVE ADVERTISING OFFERS AND OTHER INFORMATION VIA DIRECT MAIL, TELEPHONE, EMAIL, AND FACSIMILE TRANSMISSIONS FROM AUTOMAGICIAN.

11. Miscellaneous

Neither Participant nor its representatives may use the services provided by AUTOMAGICIAN to send unsolicited bulk and/or commercial messages ("spamming"). Participant may not use information concerning other users of the AUTOMAGICIAN website, or the vehicles they have listed or searched for on the AUTOMAGICIAN website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.

PRIVACY POLICY

AUTOMAGICIAN L.L.C., ("we" or "us") respects the privacy of visitors to the AUTOMAGICIAN website. Please read this Privacy Policy carefully so that you understand what personal information AUTOMAGICIAN collects online through the AUTOMAGICAN LLC service and what it does with that information. This Privacy Policy does not apply to information you may provide to AUTOMAGICIAN offline or through other means, for example, via email, or via telephone. This Privacy Policy also does not apply to information you may provide to AUTOMAGICIAN about your business, but only applies to personally identifiable information. If you have questions about this Privacy Policy, please contact us.

 

 

THE INFORMATION WE COLLECT

The information AUTOMAGICIAN collects online through the AUTOMAGICIAN website falls into two categories: (1) information voluntarily supplied by users of the Service, and (2) tracking information gathered as visitors navigate through the AUTOMAGICIAN website. Third-party providers or websites featured on or linked to by the AUTOMAGICIAN website may be gathering information, as well, through processes we don't control.

Examples of the types of information the users of the Service may submit include, without limitation, registration information, purchase requests or feedback, and other inquiries or submissions. For example, to make use of certain features on the AUTOMAGICIAN website, visitors need to register with AUTOMAGICIAN and provide certain information as part of the registration process. AUTOMAGICIAN also may ask for information from those who buy products or services or conduct other transactions through the AUTOMAGICIAN website. The information you provide allows us to make the site more useful to you by providing information tailored to your individual needs or specific features that you may find useful and also allows us and our vendors to process transactions. Supplying this information is voluntary; however visitors to the AUTOMAGICIAN website who don't wish to supply the information necessary to register or to use particular features will not be able to take advantage of the majority of features and content available on the AUTOMAGICIAN website.

In addition, AUTOMAGICIAN may use a variety of methods to track visitors as they navigate the AUTOMAGICIAN website. AUTOMAGICIAN may keep track of the pages visited by its users by placing a small entry in text file, called a cookie, on a user's hard drive. The cookie contains an ID number that allows AUTOMAGICIAN to track the pages visited. This data is aggregated with data on the pages visited by other users to track overall visitor traffic patterns. Cookies don't reveal personal information; the only personal information a cookie can contain is information you supply yourself. Cookies can't read unrelated data off your hard drive.

The help function on most web browsers contains information on how to set your browser to notify you before accepting a cookie or to disable cookies entirely. If, however, you don't accept cookies, you may not be able to take advantage of various features on the AUTOMAGICIAN website that are available to other visitors.

In addition, AUTOMAGICIAN's web server may automatically collect limited information about your computer configuration when you request pages from the AUTOMAGICIAN server, including the type of browser software you use, the operating system you're running, the resolution of your computer monitor, the website that referred you, and your IP address. Your IP address is a number that is used by computers connected to the Internet to identify your computer so that data (such as the web pages you request) can be sent to you. This information does not identify you personally.

USE AND DISCLOSURE OF INFORMATION

AUTOMAGICIAN reserves the right to use, and to disclose to third parties, information collected from you while you are using the Service for a variety of reasons and purposes, such as providing you with information about products and services that we believe may be of interest to you.

Statistical Information. Much of the information we collect is in the form of aggregated statistics, such as the traffic that visits various pages within our site, and the habits and preferences of our audience. Such aggregated information does not include any information that would identify you personally. We may use such aggregated information and disclose it to third parties as we see fit.

Other Disclosures. We may occasionally release information about our visitors when release is appropriate to comply with law, to enforce the Marketplace Participation Agreement, or to protect the rights, property or safety of visitors to our site, our customers, the public or AUTOMAGICIAN. As our business grows, we may buy or sell various assets. In the unlikely event that AUTOMAGICIAN, the Service, one of AUTOMAGICIAN's business units, or substantially all or part of AUTOMAGICIAN's assets are acquired by another company, information on our visitors may be among the transferred assets. We also may allow others to search some of our databases and to analyze the data they find there or aggregate it with other data, either for their business purposes, or ours.

LINKS AND FEATURES OFFERED IN CONJUNCTION WITH OTHER PROVIDERS

To make our website more valuable to our visitors, we may feature some products and services that come from other providers through cooperative arrangements with companies that specialize in providing such services. We may share with these third parties such information as is necessary for them to provide the products or services. Of course, our site includes links to other services, and may provide access to products and services offered by third parties, whose privacy policies we don't control. In addition, our site may provide links to individual vehicle auctions, which have their own privacy policies and practices that we do not control. When you access another website or purchase products or services or conduct other transactions through our site, use of any information you provide is governed by the privacy policy of the operator of the site you're visiting or the provider of such products or services. When you provide information in the course of obtaining products or services through this website, use of any information you provide may be governed by the privacy policy of the provider of those products or services. The provider's privacy policy may differ from ours. If you can't find the privacy policy of any of our provider partners via a link either from their site's homepage or from the pages on which the products or services are offered, you should contact the provider directly for more information.

CHANGES TO THIS PRIVACY STATEMENT

The Web is an evolving medium. If we need to change our privacy policy at some point in the future, we'll post the changes to this Privacy Policy before they take effect. By visiting our site, you agree that your visit, and any dispute over privacy, is governed by this Privacy Policy and our Marketplace Participation Agreement.