TERMS OF USE AGREEMENT

  • VroomLive.com (the "Website") is owned and operated by VroomLive™, LLC ("VroomLive"). By using any services offered on the Website (the "Services"), purchasing products on the Website (the "Products") or accessing the Website, you agree to be bound by these Terms of Use, whether or not you open an account (an "Account") to subscribe to particular Services or purchase Products. To the extent applicable, these Terms of Use apply to all users of the Website ("Users"). VroomLive reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, VroomLive grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. Additional terms and conditions may apply to the use of Services or purchase Products and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific Service.

  • Accounts

    1. In order to make purchases in the Marketplace (the "Marketplace") and certain other features of the Website, you must create an Account that is accepted by VroomLive and maintained by you in accordance with these Terms of Use and applicable law. You may never use another person’s Account.
    2. When creating your Account, you agree to only provide accurate and complete information.
    3. Only one Account per person is allowed, unless otherwise expressly approved by VroomLive. Only individuals may open an Account, not entities, companies, trusts, co-ops, etc.
    4. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify VroomLive immediately of any breach of security or unauthorized use of your Account. Although VroomLive will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of VroomLive or others relating to any such unauthorized use.
    5. Either you or VroomLive may at any time terminate your Account, for any reason or no reason, with or without notice. If VroomLive terminates your Account for any reason other than your violation of these Terms of Use, the Website rules and regulations, and/or your violation of law, then VroomLive shall return to you the balance of any purchased and paid Blocks and “Vrooms” (each as defined below).
    6. To request an Account and/or participate in the Marketplace (including the placing of a Vroom or purchasing a Product), you must be legally capable of entering into binding contracts and be at least 18 years old.
    7. VroomLive employees are not eligible to participate, hold a personal account or manage another person’s account.
    8. VroomLive Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial resellers.
    9. Each User shall be liable for all activities that are undertaken using his or her Account.
    10. VroomLive hereby grants to you permission to use the Website as set forth in these Terms of Use, provided that:
      1. your use of the Website as permitted is solely for the purposes expressly agreed upon by VroomLive;
      2. you will not copy or distribute any part of the Website in any medium;
      3. you will not alter or modify any part of the Website;
      4. you will otherwise comply with the terms and conditions of these Terms of Use
    11. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a conventional on-line web browser.
    12. You agree to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use.
    13. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by VroomLive.
    14. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other Users.
    15. You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any VroomLive page.
    16. You agreed not to disclose your password to any third party or permit any third party to access your Account.
    17. You may not sell, license, or otherwise transfer your Account, except by operation of law.

  • Purchase of Vrooms

    1. Each Vroom placed by a User with an authorized and active Account in connection with a Marketplace purchase ("Vrooms"), must be purchased and paid for by users prior to initiating such action. Vrooms are purchased only in packs comprised of a minimum quantity ("Packs") at the currently applicable price(s).
    2. Payment for Packs shall be made by credit/debit card or such other payment solutions identified on the Website.
    3. If any payment by a User for Packs or Products is returned or dishonored, the User will be charged a fee equal to $35.00 USD, which is a fair approximation of VroomLive's costs and expenses of such return. Without limitation to any other rights or remedies, VroomLive reserves the right to disable such User's Account until all obligations are paid in full.
    4. Free and promotional Vrooms are valid until the earlier of (i) one year after credited to an Account, (ii) the termination of your Account, either by us or by you, and/or (iii) the period allocable to such free or promotional Vroom.
    5. Purchased Packs and Bids are valid for the duration of your Account.
    6. When a Vroom is exercised, the Vroom is deducted from the User's Account and can no longer be used.
    7. Users are prohibited from using bidding software not authorized by VroomLive, including "robots." Marketplace Purchases/Returns - for more information see "FAQ's" on the Website.
    8. Upon a User placing a Vroom on an active Marketplace item, the price of the Product for that item decreases by the amount specified. Each Vroom constitutes an irrevocable offer by such User to purchase the Product under the terms and conditions. Upon completion of the Sale, VroomLive will accept the Vroom, whereupon, an agreement for purchase of such Product shall be made and be binding upon such User and VroomLive, under the terms and conditions of such item.
    9. Unless otherwise set forth in any specific Marketplace item, the Sale ends when the remaining USD dollar amount reaches zero. The User with the last Vroom wins the Item, at the applicable purchase price of Zero. All other Vrooms placed on the item expire and will not be credited back to any Account or be eligible for use. The winning (last) Vroom is determined based upon our records and will be made in our sole discretion.
    10. Upon verification, VroomLive shall initiate the shipment of the Product to the address information supplied by the User. Shipment will be made from our suppliers or from our warehouse. The Website has more details on shipping limitations and restrictions.
    11. If VroomLive is not able to deliver the Produced purchased, VroomLive shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the Vrooms used by the winning User of that particular Marketplace Item.
    12. Except for audio or video recordings and computer software, any Product purchased from VroomLive may be returned within ten (10) days of shipping, in original condition with all original packaging and material. Please contact us at VroomLive, LLC; 565 Metro Place South, Suite 110, Dublin, Ohio 43017, 1-614-339-8355 or at support@vroomlive.com to make arrangements and obtain any additional information on how to proceed.
    13. In order to complete a valid cancellation or return, a user must return the received product or products in good condition, such as might be expected from typical testing in a retail store. Costs of postage for returns will be paid by the user (unless goods are found to be faulty). If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, he will have to pay compensation to us [the amount refundable will be reduced proportionally], as applicable.
    14. A system outage has occurred if no Vrooms can be submitted for items due to an unforeseeable disruption in a system. In such instance, Marketplace shopping will be temporarily halted and the current MSRP price on any particular Marketplace item will be maintained. After the disruption has been resolved, Marketplace shopping will resume. Temporarily halted situations are clearly indicated. Vrooms placed on temporarily halted items shall not be credited back on a user's account and are not eligible for a refund for Vrooms used or other costs incurred.
    15. VroomLive provides no assurance or promise for the constant and uninterrupted availability of the Website and technical systems. Without limitation to any other disclaimer set forth herein, VroomLive shall not be liable for any damage that occurs due to Vrooms submitted by Users not being received by VroomLive or not being received promptly or not being considered, as a consequence of technical faults. Shipping/Delivery

  • Sales/Delivery

    1. At the end of a sale, the item is shipped via a carrier and/or method of our choosing. A majority of our items will ship between seven (7) and fourteen (14) days with exceptions on larger or specialty items which may require additional correspondence and arrangements with the consumer.
    2. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the auctions in advance. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed.
    3. VroomLive shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to VroomLive upon taking delivery.
    4. If VroomLive is unable to provide the user with the item due to unforeseeable circumstances, such as unavailability or any other reason, VroomLive reserves the right to offer the consumer in its absolute discretion an alternative item in the same price range or the equivalent of the item's MSRP in Vrooms so that $1 equals one (1) Vroom. Intellectual Property

  • Copyright

    1. If you believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
      6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. VroomLive, LLC designated "Copyright Agent" to receive notifications of claimed infringement is: VroomLive, LLC, 565 Metro Place South, Suite 110, Dublin, Ohio, 43017, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the VroomLive customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.

  • Patent

    1. VroomLive or any of its licensors or affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and VroomLive and/or its licensors and/or affiliates reserves all such rights.

  • Trademarks - General

    1. VroomLive™, as well as other names and marks so notified in the Web Site are trademarks of VroomLive, LLC. ("VroomLive Marks"). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by VroomLive and/or respective holders.

  • Trademarks - Use of

    1. You may use VroomLive Marks or product names to refer to VroomLive products and services, provided you follow the following guidelines whenever VroomLive Marks appear:
      1. Your use of VroomLive Marks must not mislead consumers or imply as to any VroomLive sponsorship, affiliation, or endorsement of your company, or your products or services.
      2. You should not use VroomLive Marks, or any other trademarks, service marks, logos, or trade names of VroomLive, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party's products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.
      3. At least upon the first occurrence of each of the VroomLive Marks, the ™ symbol shall appear.
      4. In any material in which the VroomLive Marks appear, a notice in the following format will be added: "VroomLive and the VroomLive logo are trademarks of VroomLive™, LLC".
      5. All VroomLive Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by VroomLive, without any variations of same.
      6. The VroomLive Marks shall be used as an adjective followed by the generic term for the product/service.
      7. These guidelines are not a definitive statement of proper brand and trademark use. VroomLive reserves the right to oppose any uses of VroomLive Marks that VroomLive, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. VroomLive further reserves the right to revise these guidelines at any time, without notice. Miscellaneous

  • User Disputes

    1. You are solely responsible for your interactions with other Users. VroomLive reserves the right, but has no obligation, to monitor disputes between you and other Users.
    2. Purchased Packs and Bids are valid for the duration of your Account.
    3. Eligibility. Using the Services and/or purchasing Products are void where prohibited. You represent and warrant that you are at least 18 years of age.
    4. Registration. You may be required to open an Account in order to access some or all of the Services. To do so, you will be required to create a username and password, to agree to these terms and conditions and to provide your email address. You may be required to provide additional information and complete additional registration steps.
    5. Disclaimers. VroomLive is not responsible for any incorrect or inaccurate content posted on the Website or in connection with any of the Services provided, whether caused by Users or by any of the equipment or programming associated with or utilized in any of the Services. VroomLive is not responsible for the conduct, whether online or offline, of any User. VroomLive assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Services or Products. VroomLive is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to users and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or Products. Under no circumstances shall VroomLive be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline. THE WEBSITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AND VroomLive EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. VroomLive DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICES.
    6. Limitation on Liability. IN NO EVENT SHALL VroomLive OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND ANY OF THE SERVICES, EVEN IF VroomLive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VroomLive's LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO VroomLive FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT.
    7. U.S. Export Controls. Software from the Website (the "Software") may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    8. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the state of Ohio without regard to conflict of law’s provisions, the actual state or county of execution or loss or any different state laws that may govern these Terms of Use. THE OHIO COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN ATLANTA, CONNECTICUT AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between VroomLive and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
    9. Indemnity. You agree to indemnify and hold VroomLive, its subsidiaries, members, managers, affiliates, officers, agents, lawyers, accountants, licensors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or any of the Services in violation of these Terms of use; arising from your breach of these Terms of Use; arising from your violation of applicable law or court order; and/or arising from your negligence.
    10. Void Where Prohibited. VroomLive administers and operates the Website from its location; other VroomLive sites may be administered and operated from various locations outside the United States. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. VroomLive reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on VroomLive is void where prohibited. If you choose to access the Website from outside the United States, you do so, on your own initiative, and you are solely responsible for complying with applicable local laws.
    11. Other. Except for any additional written agreement(s) between you and VroomLive, these Terms of Use constitute the entire agreement between you and VroomLive regarding the use of the Website and/or any of the Services. The failure of VroomLive to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. All rights not expressly granted to you in these Terms of Use are reserved to VroomLive and/or its licensors. This Agreement is not assignable or transferable or sub licensable by you except with VroomLive's prior written consent. VroomLive may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms of Use.
    12. Technology. Even with today´s most sophisticated software and hardware, it is impossible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet as a medium (hereinafter referred to in brief collectively as "technical faults"). VroomLive therefore provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to the provisions of clause number 12, VroomLive shall not be liable for any damage whatsoever incurred by auction users or third parties from using VroomLive’s services. In particular, VroomLive shall not be liable for damage that occurs due to bids submitted by auction users not being received by VroomLive or not being received promptly or not being considered as a consequence of technical faults. In the event of technical faults, VroomLive cannot be held responsible for bids placed during the technical downtime or for the bids placed on the auctions before the technical downtime occurred. If a user is sure that their bids have been lost due to system failure, they may contact VroomLive’s customer service for more details on what they should do at support@vroomlive.com. If auctions end due to technical faults, and a winner is declared by the system, this win is not valid, even though the user gets a winning notification from VroomLive’s system. Winners on auctions that end due to technical faults may not purchase the item on the auction. If you believe that you have been declared a winner on an auction that ended due to technical faults, please contact VroomLive’s customer service department immediately at support@vroomlive.com.
    13. General. The contract between VroomLive and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms and Conditions or any of their rights or obligations without VroomLive’s prior written consent. VroomLive has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting VroomLive’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in VroomLive’s system’s capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the VroomLive website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or VroomLive notifies its users of the changes to such policies or Terms and Conditions before VroomLive sends information relating to dispatch (in which case VroomLive has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items). VroomLive is the owner or licensee of all intellectual property rights on the VroomLive website and the material published on it. Those works are protected by copyright laws, patents, trademarks and treaties around the world and all rights relating to the same are reserved. Users may print off one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed of or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the VroomLive website for commercial purposes.
    14. Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information. The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.
    15. External Links. Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the VroomLive website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.
    16. Note. We would like to advise all users to monitor their bidding practices. Placing bids online at www.VroomLive.com frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly.
    17. Coupons/Promotional Codes/Free Bids. There multiple kinds of coupons used at VroomLive, All coupons may only be used once by each person; the person intended to use them. Using a coupon that is not intended for you is not permitted. This will result in immediate account suspension and possible legal action. Trying out different coupon combinations is not allowed and will result in immediate account suspension and possible legal action.

    • VroomLive, LLC
    565 Metro Place South
    Suite 110
    Dublin, Ohio 43017
    614-339-8355

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