b4dealer, Inc. Terms & Conditions of Use (Effective as of October 1st, 2018)
Welcome to b4dealer, Inc., the website for b4dealer, Inc., Inc. (We will refer to “b4dealer, Inc.,” as “we,” “us” or “our” throughout the following document.) The terms and conditions set forth herein are referred to as the “Agreement” and govern all use of b4dealer, Inc. website, mobile application, features, activities and products available at or throughout the website and/or mobile application. We will refer to the services provided by our company as the “Services.” Therefore, this Agreement sets forth the legally binding terms and conditions for your use of the website, mobile application, and the Services.
A. Registration / Modification
b4dealer, Inc. reserves the right to modify this Agreement at any time. Any of such modification will be evidenced by an effective date. All users of this website, including those who have previously acknowledged their acceptance of our Agreement, will be notified of any modification. b4dealer, Inc. may, in its unilateral discretion, change, restrict access to, suspend, or discontinue this website, or any portion thereof.
B. Intended Use
This website is intended for the use of residents of the United States of America only (excluding the unincorporated territories of Puerto Rico and Guam). Users must also be 18 years or older whom have the capacity to enter into a valid contract. By accepting this Agreement, you represent and affirm that you meet these requirements. If you are accepting this Agreement on behalf of an organization, you attest that you have the authority to do so.
In compliance with the Children’s Online Privacy Protection Act, b4dealer, Inc. does not knowingly or intentionally solicit or collect information from minors, and our Services are not directed towards minors.
C. Arbitration and Class Action Waiver
In accordance with the terms set forth in Section 7 of this Agreement, you agree that any legal dispute between you and us will be resolved by a binding, individual arbitration and that you waive your right to participate in class action lawsuit or class-wide arbitration.
Buying and Selling Vehicles
b4dealer, Inc. is fully licensed by the Illinois Department of Motor Vehicles as a used-car dealer and as an auto broker. As explained below, once a buyer has agreed to purchase a vehicle and/or has paid for a particular vehicle offered for sale on our website, b4dealer, Inc. purchases that vehicle from the seller (if b4dealer, Inc. does not otherwise own the vehicle), and then sells and delivers the vehicle to the buyer.
We may use a third-party payment processor (the “Payment Processor”) to bill you or compensate you through a payment account linked to your b4dealer, Inc. account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to consummate a transaction with b4dealer, Inc., you agree to pay us, through the Payment Processor, all charges in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge or credit your chosen payment provider.
B. Buying a Vehicle on this Website
A prospective buyer is free to browse the website. For each vehicle offered for sale, the website displays professional photographs and certain characteristics of the vehicle. The photographs displayed are either exemplars or photos of the actual vehicle offered for sale.
With respect to any vehicle b4dealer, Inc. sells, b4dealer, Inc. will have complied with all requirements of the Illinois Vehicle Code with respect to (1) making sure the vehicle operates properly, (2) odometer disclosure, and (3) smog inspection. b4dealer, Inc. will also make all disclosures required under Illinois and Federal law such as the Federal Buyer’s Guide. The prices on the website do not include title and registration for Illinois residents, Prices on the website also do not include: sales or usage tax, title and registration fees, and financing charges or extra purchases including but not limited to an extended warranty.
Once a buyer decides to purchase a particular vehicle, the buyer and b4dealer, Inc. will mutually execute a Bill of Sale finalizing the terms of the sale. A buyer can pay for the vehicle by check, credit card, or bank transfer. Payment is due at the time of executing the Retail Installment Contract, and by then, the buyer’s account will be charged immediately. After executing the Bill of Sale and verifying funds, b4dealer, Inc. will contact the buyer to make arrangements for the delivery of the vehicle, title.
While b4dealer, Inc. expects to be able to offer delivery within several days of most purchases, there are certain circumstances outside of b4dealer, Inc.’s control that may delay delivery. For example, if the seller is out of town, b4dealer, Inc. may be unable to obtain the vehicle until the seller returns. Accordingly, b4dealer, Inc. cannot offer a guaranteed delivery timeframe at the time of purchase.
User Generated Content
A. Prohibited Actions
You are held solely responsible for your communication on the website and of your use of the Services. You agree not to do any of the following on our website: (a) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (b) post or transmit any message, data, image, content or program that would violate any property rights of others; (c) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents from designated officials; (e) upload files that contain a virus or corrupted data; (f) falsify the source or origin of software or other material contained in a file that you upload to the Services; (g) falsely purport to be an employee or agent of b4dealer, Inc.; (h) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (i) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content.
B. b4dealer, Inc.’s Exclusive Right to Manage the User Submissions
You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by b4dealer, Inc. in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You explicitly agree that we may remove, disable or restrict access to any User Submissions from the Services at any time, for any reason or for no reason at all. b4dealer, Inc. reserves the right to treat User Submissions as content stored at the direction of users for which b4dealer, Inc. will not exercise control except to block or remove content that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to b4dealer, Inc., or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to our attention. However, b4dealer, Inc. shall not be responsible for controlling or editing any content, and b4dealer, Inc. has no contractual obligation to remove inappropriate or unlawful content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of content.
C. License to b4dealer, Inc. of Your User Submissions
You hereby agree to grant to b4dealer, Inc. a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any social media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to b4dealer, Inc. to your User Submissions, you also hereby grant to b4dealer, Inc., and agree to grant to b4dealer, Inc., the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against b4dealer, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this section.
D. Representations and Warranties Related to Your User Submissions
Each time you submit a User Submission, you represent and authorize that, as to the User Submission, (1) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit such User Submission and grant b4dealer, Inc. the rights to it according to the terms stated in this Agreement, all without any obligation to obtain consent of any third party and without creating any obligation or liability of b4dealer, Inc.; (2) the User Submission is accurate; (3) the User Submission does not and, as to b4dealer, Inc.’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other rights of a third party; (4) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (5) the User Submission complies with all applicable laws and regulations.
E. Responsibility of Users
You are entirely responsible for the content of, and of any harm resulting from, your User Submissions. b4dealer, Inc. does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.
Accuracy of Website Information
b4dealer, Inc. designed this website to meet your used car purchase and sale needs by providing you with the most accurate and up-to-date information about b4dealer, Inc.’s current inventory and upcoming inventory. Despite our best efforts, however, it is inevitable that some inaccuracies may arise. Additionally, photographs of automobiles found on the b4dealer, Inc. website are photographs of the actual vehicles; however, their color and general appearance may appear differently based on your monitor and color settings. b4dealer, Inc. will not be responsible for errors found on this website, including but not limited to pricing errors or an incorrect statement of accessories on a particular vehicle.
b4dealer, Inc. reserves the right to change product pricing without notice.
Ownership and Proprietary Rights
You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, b4dealer, Inc. has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of b4dealer, Inc.; however, vehicle information may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other “hidden text” utilizing b4dealer, Inc.’s name or trademarks without the specific written consent of b4dealer, Inc.. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.
b4dealer, inc. makes no representations about the suitability of the information and related graphics contained in this website for any purpose whatsoever. all information provided on our website is provided “as is,” with all faults and without warranties of any kind either express or implied. b4dealer, inc. disclaims all warranties, express and implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement and any warranties arising from course of performance, course of dealing, or usage in trade. b4dealer, inc. shall not be liable for any indirect, special, consequential, incidental, or punitive damages, including, without limitation, lost profits or revenues, costs of replacement of goods, loss or damage to data arising out of the use or inability to use the b4dealer, inc. website, or for damage resulting from the use of or reliance on the information contained herein. some states do not allow limitations on how long an implied warranty lasts or exclusion or limitations on relief such as incidental or consequential damages, so the above limitation may not apply to you.
Dispute Resolution/Jurisdiction/Agreement to Arbitrate
Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and b4dealer, Inc. agree that this section satisfies the “writing” requirement of the Federal Arbitration Act.
First — Try to Resolve Disputes and Excluded Disputes
If any controversy, allegation, or claim arises out of, or relates to the Services, the content available through the Services, your User Submissions, or this Agreement (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute’s nature, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provided us with. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this section. Your notice to us must be sent to: [email protected], Inc.. During a 60 days period from the date of receipt of the notice from the other party, b4dealer, Inc. and you will engage in a good faith dialogue in order to attempt to resolve the Dispute. Nothing will require either you or b4dealer, Inc. to resolve the Dispute on terms with respect to which you and b4dealer, Inc., in each party’s sole discretion, are not comfortable.
Usages and Ownership of Customer Information
Violations of the Agreement
In the event you violate or attempt to violate any part of this Agreement, b4dealer, Inc. reserves the right to terminate your access to this website immediately, at our sole discretion, with or without any kind of notice. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit in accordance with the section above or criminal prosecution for any alleged or actual illegal activities involving this website.
You agree to indemnify, defend, and hold harmless b4dealer, Inc. from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees), arising out of the usage of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.
Severability and Integration
In the event any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that this Agreement, including all documents incorporated herein by reference, represents the entire agreement governing your use of this website, the mobile app, or the Services. This Agreement may not be modified, either expressly or implicitly, except as set forth below in Section 15.
Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only by (A) obtaining our written consent in a notarized agreement signed by an officer of b4dealer, Inc.; or (B) as set forth in the next paragraph.
You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (a) posting a notice on the b4dealer, Inc. website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on b4dealer, Inc. the first time that you visit b4dealer, Inc. following such revisions or modifications; or (b) through a direct communication to you by email, if you have provided an email address to us. If you have not already done so, please provide us with the appropriate email address at [email protected] where you would like us to contact you. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on b4dealer, Inc. (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of the new valid email address in order to receive our email notices. We assume no responsibility for your failure to receive our notices. It is your responsibility to review this page for possible modifications.
Website Materials and Information
This site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. Unless specifically stated otherwise, we make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification. Please bring to our attention any materials or information that you believe to be inaccurate by forwarding to [email protected], Inc. both the information you believe to be inaccurate, and the basis for that belief.
Links to Third Party Websites
Reservation of Rights
Any and all rights not expressly granted to you in this Agreement are hereby reserved by b4dealer, Inc..