Last Revised and Effective: May 4, 2022 

User Agreement and Privacy Policy 

Effective Date: May 24, 2022 

 

  1. INTRODUCTION

The Bidwizer.com website(s) (“Site” or “Sites”) is/are operated by Bidwizer Group International, Inc., and/or Bidwizer, Inc. (“Bidwizer,” “we,” “us,” or “our”). This User Agreement and Privacy Policy governs each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a “Service”) provided by any wholly or partly owned subsidiary or affiliate of Bidwizer that links to this User Agreement and Privacy Policy, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”). If you apply to obtain a financial product or service from or through us, information we gather about you in connection with your application, loan, or other financial product or service is also subject to ourFinancial Privacy Policy. 

 

Please read this User Agreement and Privacy Policy carefully. You can access this User Agreement and Privacy Policy any time in the footer of the Service’s home page or initial screen. Your access, visitation, and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to this User Agreement and Privacy Policy. If you do not agree with the terms and conditions of this User Agreement and Privacy Policy, you may not access, visit and/or use the Service. 

 

This User Agreement and Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the User Agreement and Privacy Policy. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to users of the Service (collectively, the “Agreement”), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations, enforce the Agreement, and/or remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement. 

 

In the event of any conflict or inconsistency between the terms and conditions of this User Agreement and Privacy Policy and the terms of the Financial Privacy Policy, the terms of the Financial Privacy Policy shall control. In the event of any other conflict between the terms and conditions of this User Agreement and Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Service or otherwise communicated to users of the Service, the terms of this User Agreement and Privacy Policy shall control. 

 

Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, you, other users, and/or service providers. 

 

  1. MONITORING AND COMPLAINTS ABOUT THE SERVICE AND THE CONTENT
  2. Monitoring

We strive to provide an enjoyable online experience for our users, so we may monitor activity and Content on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. We do not make any representations, warranties, or guarantees that: (1) the Service or Content, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. 

 

  1. What to Do if You Have a Complaint About the Service or the Content

If you have a legitimate complaint about the Service or the Content, please do the following: 

Copyright Complaints: If you have reason to believe that your content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination, or service that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section titled “Copyright Complaints.” 

 

CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA). 

 

IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). 

 

III. REGISTRATION AND ACCOUNT/PROFILE CREATION 

  1. We may at times require that you register and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, or other personally identifiable information. Other information such as your age, gender, an avatar, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your “Registration Information,” or other similar phrase. We may collect, use, and/or share your Registration Information as described in our Privacy Policy.

 

  1. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service, please notify us as described in our Privacy Policy.

 

WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION. 

 

  1. We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using, or other Registration Information, or otherwise change the access means or methods for portions of the Service, the Service as a whole, or certain products and/or services.

 

  1. You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service by use of your account/profile and/or Registration Information, except as permitted by law. You may not access and/or use anyone else’s Registration Information, or access, visit, and/or use the Service by use of anyone else’s account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent, or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.

 

  1. You are solely responsible for all access or visitation to, usage of, and/or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile, or other device on which your account/profile resides or is accessible. You acknowledge and specifically authorize that we may process transactions, including without limitation purchases and/or registration for additional merchandise, products, and/or services, including without limitation Content, that are initiated by use of your Registration Information.

 

  1. If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify us as described in our Privacy Policy.

 

  1. USER-CREATED CONTENT, INCLUDING PRIVATE LISTINGS
  2. Our Service may allow you and/or other users to create, post, store, and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Bidwizer.

 

You grant Bidwizer a perpetual, irrevocable, nonexclusive, unrestricted, unconditional, unlimited, royalty-free, worldwide, fully paid, cost-free, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, display, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user’s name, likeness, or identity in connection with the Service does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, we do not assume any obligation of any kind to you or any third-party with respect to your User Content. As your User Content will be public, do not include any personal information (including but not limited to pictures of yourself or others) in any User Content you post. 

 

You may not create, post, store, or share any User Content that violates this User Agreement or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such User Content as permitted by this User Agreement, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that: 

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; 
  • Is, in Bidwizer’s judgment, disrespectful, inappropriate, or may expose Bidwizer, our users, or others to discomfort, harm, or liability; 
  • May infringe the patent, trademark, trade secret, copyright, intellectual, privacy, or proprietary right of any party; 
  • Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law; 
  • Includes any incorrect or inaccurate statements or claims, or statements or claims that do not reflect your honest views and experiences; 
  • Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations; 
  • Contains any private information of you or any third parties, including addresses, phone numbers, and payment card information; or 
  • Contain viruses, corrupted data, or other harmful, disruptive, or destructive files. 

 

Bidwizer assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Bidwizer has no obligation to screen, edit, or monitor User Content, we may edit, delete, or remove User Content at any time and for any reason, with or without notice. 

 

  1. Any California residents under the age of eighteen (18) who have registered to use our Service, and who have publicly posted content or information on our Service, can request that their posting (but not third-party posts) be removed from public view on our Service by contacting us (https://www.___________.com/help/) and making such a request, confirming that they personally posted such User Content or information and detailing where the User Content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

 

  1. Private Vehicle Listings:

The Service includes a private party vehicle listing service that brings together private vehicle buyers and sellers. Such vehicles listed for sale on the Service are, as noted and marked, listed by unaffiliated third parties, including private individuals (“Private Listings”). For all such services related to Private Listings, Bidwizer is not an automobile broker or dealer and does not sell, exchange, buy, or offer for sale, negotiate, and/or attempt to negotiate, a sale or exchange of any interest in any Private Listings vehicle listed on any of its sites. In the context of Private Listings, Bidwizer does not sell vehicles directly. Accordingly, Bidwizer does not guarantee or ensure any Private Listings vehicles, or any Private Listings transaction between a buyer and seller, and does not warehouse, store, ship, or deliver any of these vehicles. 

 

Any services, guidance, and/or assistance provided by Bidwizer to Private Listings buyers and/or sellers, including designated advocate services, is solely informational and for your convenience. Guidelines offered are not requirements to list, aside from certain mandatory actions involving Private Listings creation; you will be notified of such mandatory actions related to creating a listing. While Bidwizer and its employees may help facilitate various aspects of Private Listings and sales, Bidwizer fully disclaims any control, responsibility or liability for: (a) the availability, existence, quality, legality, or safety of Private Listings vehicles, (b) the ability of sellers or owners to sell listed vehicles, (c) the truth or accuracy of Private Listings content, (d) that a buyer or seller will follow through with any transaction or promises in the context thereof, and/or (e) that a buyer is able to pay the amount advertised or agreed upon for a Privacy Listings vehicle. 

 

The information on Private Listings vehicles provided via the Service is supplied by the seller or other third parties – Bidwizer is not responsible for the accuracy of such information, including information regarding: (a) vehicles and vehicle details, including but not limited to mileage, history, condition, ownership, or photographs, and (b) buyers’ or sellers’ background, reliability, or suitability. 

 

Bidwizer may provide certain information or references related to Private Listings vehicles; such information or references are generated by unaffiliated third parties, including but not limited to report providers or inspection service providers, and Bidwizer is not responsible for and does not guarantee the accuracy of any information provided by such third parties and made available via the Service. Buyers and Sellers shall address any and all concerns, questions, issues, discrepancies, or differences regarding Private Listings with each other directly. Private Listings vehicle prices may not include certain additional costs and fees such as, but not limited to: government fees and taxes, title and registration fees, licensing and plate fees, finance charges, and emission testing charges. Such additional fees are solely and entirely the responsibility of the private buyer and/or seller, and may be added to the final purchase price of the vehicle or the responsibility of the buyer or seller following the transaction and/or payment of the final purchase price. 

 

Private Listings buyers and sellers – including prospective buyers and sellers – are advised to exercise caution and use their good sense and personal judgment when using the Service and transacting with Private Listings vehicles and third parties. We encourage you to act in the same conscientious manner in which you would when purchasing other goods from private parties through other listing sites or applications, or by responding to a classified ad in the newspaper. 

 

Private Listings sellers hereby represent, warrant, and confirm that: 

  • All information submitted to Bidwizer and listed on the Service is accurate, complete, true, and not misleading; 
  • You are at least 18 years of age, and are not a motor vehicle dealer or broker, or acting in the capacity as an agent, owner, employee, or other representative of a motor vehicle dealer or broker; 
  • You will notify Bidwizer of and remediate any inaccuracies known or discovered related to your Private Listings; 
  • You will not list more than two (2) vehicles for sale simultaneously; 
  • You will not list more than three (3) vehicles for sale annually; 
  • You will remove or, if unable to do so yourself, contact us to remove a listing within no later than 72 hours if a Private Listings vehicle sells in another way, or if a listing otherwise becomes invalid; 
  • Your Private Listings will comply with all applicable laws, rules, and regulations; 
  • You will include all material and relevant information in the Private Listings content; 
  • You will treat all potential buyers and other users of the Service fairly, honestly, and honorably; 
  • You will not publicly post or share personal details, photographs, or contact information on the Service; 
  • You are prepared to sell the vehicle at the price at which it is listed; 
  • You have actual possession of the vehicle(s) you are listing, and you have the proper authority to transfer title of the vehicle(s); 
  • You will not charge any potential buyer for information about any vehicle listed for sale; 
  • You will not use the Private Listings offering or the Service to promote any other website, product, or service; and 
  • You agree to communicate and coordinate with Bidwizer as required to create, rectify, improve, and/or otherwise modify your Private Listings pursuant to this Agreement and the terms herein. 

 

Private Listings buyers hereby acknowledge and agree that: 

  • Private Listings vehicles have not been inspected by Bidwizer in any manner; 
  • Private Listings vehicles are not sold with, subject to, or covered by any money back guarantee issued, endorsed, associated with, supported or backed by Bidwizer; 
  • Private Listings vehicles are not sold with, subject to, or covered by any limited warranty issued by Bidwizer; 
  • For Private Listings vehicles and transactions, Bidwizer does not offer or support vehicle returns, cancellations, or swaps at any time; 
  • You are at least 18 years of age; 
  • You will treat all potential sellers and other users of the Service fairly, honestly, and honorably; and 
  • Any “certification” mentioned or noted in a Private Listing is not certified or endorsed by Bidwizer. 

 

BIDWIZER PROVIDES THE SERVICE AND THESE MATERIALS WITHOUT REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BIDWIZER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY PROSPECTIVE OR ACTUAL PURCHASER OR OWNER OF ANY PRIVATE LISTINGS VEHICLES AS TO THE EXISTENCE, CONDITION, OR OWNERSHIP OF PRIVATE LISTINGS VEHICLES, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY PRIVATE LISTINGS VEHICLE LISTED ON THE SITE. ALL PRIVATE LISTINGS VEHICLES, AND INFORMATION AND MATERIALS RELATED THERETO, ON THE SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS – BIDWIZER SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NONINFRINGEMENT, EXCEPT AS PROVIDED BY LAW. BIDWIZER MAKES NO REPRESENTATIONS OR GUARANTEES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, TO YOU REGARDING THE SERVICE, INCLUDING, WITHOUT LIMITATION, THAT YOU WILL RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE, THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED OR INTERESTED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. 

 

You agree to fully indemnify and release Bidwizer from any and all third party disputes involving Private Listings vehicles, listings details, data or information uploaded to the Service related to Private Listings vehicles, attempted or completed Private Listings transactions, or any subject matter involving Private Listings and such vehicles, including all claims related thereto, demands associated therewith, and/or damages alleged, of every kind and nature, including actual and consequential, punitive, incidental, special, known, and unknown, arising in any way out of Private Listings interactions, transactions, and/or disputes. In no event shall any liability of Bidwizer in the context of Private Listings exceed the amount paid by you to us in the year preceding such loss, subject to applicable law. 

 

  1. RULES OF USAGE:
  2. Use of the Service by You:
  3. The Service is not intended for users under the age of 16, and we do not knowingly collect personally identifiable information from users under the age of 16. Such users are expressly prohibited from registering for the Service or submitting their personal information to us, and from using portions of the Service for which registration is required.

 

  1. You shall ensure that all equipment, hardware, software, products, and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others’ access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, the Service, or any Content or User Content.

 

  1. If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s) to utilize the device for such purposes.

 

  1. Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any laptop, personal computer, browser, mobile device, tablet, or other device (a “Device” or “Devices”) on which the Service resides or is accessible.

 

  1. You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person, or entity, or for an end use, prohibited thereby.

 

  1. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

  1. Content that is provided by us, our licensors, vendors, and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks, and other brand identifiers, the organization, design, compilation, and “look and feel” of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark, and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors, and/or service providers.

 

  1. Bidwizer is not responsible for, nor substantiates or guarantees in any way, User Content or any other content posted by you, other users, or third parties on the Service. You are entirely and solely responsible for any and all engagement with other users or third parties on or via the Service. The information on vehicles provided in this service may be supplied by other third parties – Bidwizer is not responsible for the accuracy of such information. Bidwizer provides the Service and these materials without representations, guarantees, or warranties of any kind, whether express or implied.

 

  1. Certain Content may be made available to you on or through the Service for download, installation, and/or streaming on your Device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such Content is subject to the same terms, conditions, limitations, and restrictions applicable to all Content provided by us, our licensors, vendors, other users, and/or service providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization. Certain Content on the Service may be provided by third parties and Bidwizer may not have editorial control over the content. The views or opinions expressed by those third parties do not necessarily represent the views of Bidwizer.

 

  1. Vehicle listings and descriptions on the Service, whether provided by Bidwizer or User Content, are for informational purposes only and Bidwizer does not guarantee the accuracy of such information. Bidwizer may obtain vehicle listing information, including vehicle descriptions and vehicle histories from third parties or other users, so there is a possibility that unintentional or unknown errors occur. All vehicles are subject to prior sale and may not be available in your area or to you when you are ready to purchase. You agree that any reliance on the vehicle listing and descriptions on the Service is at your own risk. All vehicle listings are subject to the Disclaimer of Warranty and Limitation of Liability in this User Agreement. Bidwizer is under no obligation to finance, sell, or lease a vehicle to you. In addition, despite our best efforts, it is possible that vehicles or other items on our website may be mispriced. Bidwizer makes no representations and has no obligation, responsibility, or intention to notify you of any discrepancies involving the price, condition, or other aspects of a vehicle listed by any user, third party, or other party.

 

  1. Prohibitions on Use of the Service:
  2. Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:

 

  • access and/or use anyone else’s Registration Information, or access, visit and/or use the Service by use of anyone else’s account/profile and/or Registration Information, (except as permitted by law); 

 

  • make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks, and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us, or the Service; 

 

  • impersonate, imitate, or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Service or creating or sharing User Content via the Service; 

 

  • authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service, by use of your account/profile and/or Registration Information (except as permitted or required by law); 

 

  • falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Service, us, or our licensors, vendors, and/or service providers; 

 

  • use any bots, cheats, macros, scripts, or run Maillist, Listserv, or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit, and/or use the Service, including without limitation to post, upload, transmit, send, or otherwise make available Content on or through the Service; 

 

  • copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content or User Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information, Content, or User Content available on or through the Service, including by an automated or manual process or otherwise, unless an agreement is reached between you and us explicitly allowing for such activities; 

 

  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content or User Content; 

 

  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content or User Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us, or the Service; 

 

  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content or User Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form; 

 

  • access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, alter, tamper, or interfere with, the Service including without limitation any Content or User Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others’ access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise; 

 

  • post, upload, transmit, send, or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature; or 

 

  • hyperlink to the Service without our written permission. If you wish to obtain permission to hyperlink, please contact: Attn: Legal@BidWizer.com. 
  1. CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR INAPPROPRIATELY UTILIZE CONTENT OR USER CONTENT, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

 

  1. Editing, Additions, and Deletions:

We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content or User Content available on or through, or downloadable from, the Service, including without limitation any Content or User Content in or related to your account/profile. This includes updates or upgrades to Content or User Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms, or Devices. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content or User Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content or User Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content or User Content may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties. 

 

  1. Procedure for Alleging Copyright Infringement (DMCA Notice):
  2. We respect the intellectual property of others, and we require our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend, and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content or User Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.

 

  1. If you are a copyright owner and have reason to believe that your copyrighted work has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination, or service that contains your copyrighted work or other activity that infringes your copyright rights, you may send us a written notice that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512 – “Limitations on liability relating to material online:

 

  1. Your physical or electronic signature;

 

  1. A description of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;

 

iii. A description of the copyrighted work that you claim 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 us to locate such copyrighted work; 

 

  1. Your address, telephone number, and if available, email address at which we may contact you;

 

  1. A statement by you that you have a good faith belief that use of the copyrighted work in the manner complained of is not authorized by you as the copyright owner; and
  2. A statement by you that the information in your notice to us 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.

 

We will only respond to DMCA notices that we receive by mail or email at the addresses below: 

 

By Mail:  417 5th Avenue 

Indialantic, Fl. 32903 

By Email:  jmiles@bidwizer.com 
For more information call:   

Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to. 

 

For communications on other matters, please contact us through the means described on the Service, if available (for example, in the “Contact Us” section), or, if no such means are specified, contact us as described in our Privacy Policy. 

 

  1. IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT, USER CONTENT, OR ACTIVITY IS INFRINGING VIOLATES THE DMCA AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS, OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT OR USER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.

 

PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. 

 

  1. Trademarks and domains

Bidwizer, King of Deals, When Dealers Bid You Win, bidwizer.com, our logos, our product or service names, our slogans, and the look and feel of the Service are trademarks of Bidwizer and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Bidwizer Service are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Bidwizer. 

 

  1. Indemnification:

You agree to indemnify, defend, and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors, and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, causes of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation, and/or use of the Service, Content, User Content, unauthorized use of Content or User Content obtained on or through the Service, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service. 

 

  1. Disclaimer of Warranty and Limitation of Liability:
  2. CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OR USER CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN, OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THIS AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.

 

  1. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND ON AN “AS AVAILABLE” BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR USER CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US, YOU, OR OTHER USERS OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED CONTENT OR USER CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.

 

  1. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR INFORMATION USERS MAY SUBMIT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME OR SUBMITTING PAYMENTS TO ANOTHER USER. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU, OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH THE SERVICE (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).

 

  1. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) IN WHICH A THIRD PARTY HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE, AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, BIDWIZER DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS, AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THESE TERMS.

 

  1. WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US, YOU, OR BETWEEN ANOTHER USER AND YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.

 

  1. WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE, YOUR ABILITY OR INABILITY TO ACCESS, VISIT, AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE AND/OR CONTENT OR USER CONTENT AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT PAID BY YOU TO US (IF ANY) DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE BIDWIZER FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES.

 

  1. Termination or Suspension of the Service, Your Use of the Service, and/or the Agreement:
  2. We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend, and/or restrict the Service, your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.

 

  1. Even if the Service, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement is terminated, discontinued, suspended, or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content or User Content, and therefore copies of all information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service, may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.

 

  1. Communications to You:
  2. The communications between you and us and/or you and any other user or third party utilizing the Service usually use electronic means, whether you access, visit, or use the Service, send messages, or whether we, other users, or other third parties post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us, other users, and/or other third parties using the Service in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we, other users, and/or other third parties utilizing the Service provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all of your interactions and transactions with us, other users, and/or other third parties utilizing the Service.

 

  1. You understand and agree that joining the Service may include receiving certain communications from us, other users, and/or third parties using the Service, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.

 

  1. By providing your phone number, you agree to receive calls and/or texts using automated technology for marketing purposes, or servicing and informational purposes related to your account, from Bidwizer and its authorized representatives. This consent is not required to purchase through Bidwizer. Message and data rates may apply.

 

  1. Bidwizer does not knowingly or purposefully engage in the direct selling of customer phone number or other related short code data for the purposes of direct third-party marketing to Bidwizer customers without customers’ express consent, including for the purpose of direct marketing campaigns banned by carriers, such as Debt Forgiveness, Work and Investment Opportunities, and/or other similar campaigns.

 

  1. Mobile Participants:

You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit, and/or use the Service via your Device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content or User Content for use with the Service (collectively, the “Mobile Participants”). We do not represent, warrant, or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other Devices, or via all carriers and service plans, or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (ii) the Mobile Participants and their parents, subsidiaries, and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant’s applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs, or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Service or your possession, access, visitation, and/or use of the Service, infringes such third party’s intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement, and/or discharge of such claim. 

 

  1. Third Party Content:

The Service may contain hyperlinks to websites operated by parties other than Bidwizer. Bidwizer does not operate the third-party service(s) or links and is not responsible for the content or accessibility outside of the Bidwizer website(s). The Service may also contain content created by third parties, such as customer reviews, where third parties may express their ideas and opinions. Bidwizer and its affiliates do not endorse the accuracy or reliability of any third-party content. 

 

  1. Disputes and Jurisdiction:
  2. The Service is based in the United States. It is not designed, customized, or intended for, or directed to, any other country. Those who choose to access, visit, and/or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, or guarantee that the Service, or any merchandise, products, services, and/or Content or User Content available on or through the Service, are appropriate, available, or legal in any particular geographic location.

 

  1. In any dispute between you and us, your sole remedy is to stop using your account/profile and/or the Service. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms, and/or conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any Content or User Content available on or through the Service, or any edits, deletions, additions, or other changes thereto; or (iv) your ability or inability to access, visit, and/or use portions of the Service, or the Service as a whole, or features, functionality, and/or Content or User Content available on or through the Service.

 

  1. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. If we have a dispute that we are unable to resolve, you and Carvana agree to binding arbitration using the American Arbitration Association or J.A.M.S. You may send a demand for arbitration to either of the following:

 

American Arbitration Associate (AAA) 

13455 Noel Road, Suite 1750 

Dallas, TX 75240 

www.adr.org 

(972) 702-8222 

 

J.A.M.S./Endispute 

1155 F Street, NW, Suite 1150 

Washington, DC 20004 

www.jamsadr.com 

(800) 352-5267 

 

The applicable rules of the arbitration forum you select will apply. You are giving up your right to a trial by jury or class action or similar relief. You have all other rights and remedies under applicable law. We will not object if you wish to use small claims court. An arbitration administrator and arbitrator may waive or reduce its fees for financial hardship. If you ask in writing, we may pay all administrator and arbitrator fees up to $2,500 that the administrator will not waive for any claims you assert in good faith. We will consider in good faith your request to pay all or part of any administrator or arbitrator fees over $2,500. The arbitration will occur at the closest AAA or J.A.M.S. office to where you live. 

 

You have the right to reject this arbitration agreement, in which event neither you nor we will have the right to require arbitration of any disputes. Rejection of this arbitration agreement will not affect any other aspect of this Agreement or your interactions with the Service. In order for you to reject this arbitration agreement, we must receive a signed writing (“Rejection Notice”) from you within 30 calendar days of the day you first visit Bidwizer’s site and receive notice of the Agreement, stating that you reject the arbitration agreement. The Rejection Notice must include your name, address, and Customer Number, and must be mailed to us at: Attn: Bidwizer Legal, 417 5th Avenue, Indialantic, Florida 32903 by mail, return receipt requested. Upon receipt of your Rejection Notice, and if requested by you, we will refund your postage cost. If you reject this arbitration agreement, that will not constitute a rejection of any other arbitration agreement between you and us. 

 

  1. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate to prevent or correct violations and enforce this User Agreement and our Privacy Policy. You acknowledge and agree that we have the right hereunder to an injunction upon posting a bond deemed reasonable by a court of competent jurisdiction to stop or prevent a breach or violation of your obligations under this User Agreement.

 

  1. You agree that, regardless of where you access, visit, and/or use the Service, all issues concerning the construction, validity, interpretation, and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, in the particular State where the Service is headquartered, without regard to any principles of conflict of laws. Any disputes that are not arbitrated or otherwise result in court action will be resolved exclusively by a state or federal court located in the U.S. State where the Service is headquartered, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of the U.S. State where the Service is headquartered, and any other laws, the conflict will be resolved in favor of the laws of such U.S. State where the Service is headquartered. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) and shall not include any indirect, punitive, incidental, and/or consequential damages.

 

  1. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.

 

  1. General:
  2. We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service or the Service as a whole. Such additional rules will be posted in the Agreement and/or in the relevant portions of the Service, and are hereby incorporated into the Agreement by this reference if not posted herein. Your continued access, visitation, and/or use of the Service constitutes your agreement to comply with these additional rules.

 

  1. The rules, restrictions, limitations, terms, and conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, User Content, or Content that augment or enhance the Service, including the release of updates, upgrades, new products, and/or services, shall be subject to the terms and conditions of the Agreement.

 

  1. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing and signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default pursuant to the Agreement. No waiver shall be implied.

 

  1. We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.

 

  1. WARRANTY, FINANCING AND INSURANCE-RELATED OFFERINGS

Warranty, financing and Insurance-related products offered through the Service may include links or prompts to other websites or content that are not maintained or controlled by Bidwizer. Your use of any such third-party content is subject in all respects to Section V(J), above. These links are solely for your convenience, and Bidwizer makes no warranties, endorsements, approvals, certifications, or representations about – including but not limited to the availability, safety, or reliability of – any such third-party content or any insurance products or services advertised or made available thereon. We recommend that you review the relevant privacy policies, terms of use, and/or user agreements associated with such third-party websites. 

All quotes and estimates provided for any such products offered through the Service are non-binding, and do not commit anyone to offer warranty or insurance coverage, or financing. Any warranty or insurance coverage, or financing will be subject to the terms and conditions and coverage of the actual warranty or insurance policy, or financing issued or provided to any customer. In addition, any offer of warranty or insurance coverage, or financing will be subject to: (1) final acceptance by you and then the insurer prior to the quote expiry date; (2) you undertaking to advise the insurer of any change in the supporting information or additional information that should be supplied to make a quote current, occurring prior to the inception date of any insurance subsequently issued; (3) you having declared all material facts likely to influence a reasonable insurer in determining: (a) whether or not to accept the risk, (b) the premium, and (c) the terms, conditions, exclusions and limitations; and (4) you paying the premium. 

When you purchase a warranty, insurance or financing offered on or through our website, Bidwizer may receive compensation from the company that issues the warranty, the insurance policy, or the financing. As described in more detail below, this compensation may include regular and/or contingent commissions when a warranty or insurance policy is purchased or renewed, when financing is secured, and/or fees for marketing and administrative services provided by us. The compensation may vary by provider and the specific product and features purchased. 

  • Base Commissions: We may receive a base commission in the form of a fixed percentage of the financing obtained, the warranty or insurance policy premium or a fixed amount per policy. The percentage or amount may vary depending on certain factors, such as the type of product, the risk classification, and whether the policy is new or a renewal. 
  • Policy Fees: We may also receive fee-based compensation from providers of these products and services for the placement of warranties, insurance policies and/or financing. 

 

VII. PRIVACY POLICY 

PRIVACY NOTICE /YOUR PRIVACY RIGHTS 

If you are a California resident, please click here for more information about your specific privacy rights. 

  1. Introduction

Bidwizer, its parent, its subsidiaries, and/or its affiliates (“us,” “we,” or “our”) collects and processes information about you as described in this Privacy Notice (“Notice”). We are committed to protecting the privacy of those with whom we interact. This Notice contains details about how we collect, use, and share personal information that we obtain from and about you when you interact with us via our website(s), email, mobile application(s), and in other online and offline interactions. Please read this Notice carefully. 

 

Applicability: We collect information in several contexts as described below. However, this Notice does not apply to the following information: 

 

  1. Information we collect in connection with providing individual consumers a financial product or service (or in connection with a consumer seeking such financial products or services), such as by reviewing applications for financing. Such information is subject instead to our Financial Privacy Policy. 

 

  1. Information about our employees, contractors, agents, and job applicants. Such information is subject to a separate privacy notice that we will make available to individuals. 

 

  1. Information we collect from individuals with whom we engage in solely business-to-business communications and transactions, such as information about the employees of our business partners and customers. 

 

Changes: We may update this Notice from time-to-time. The current Notice will be effective when posted. Please check this Notice periodically for updates as your continued use after an update will signify your acceptance of the new policy. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Notice by posting an updated Notice on this website. 

 

  1. Sources of Personal Information

We collect information about you and how you interact with us in several ways, including: 

 

  1. Information you provide to us directly. We collect the information you provide to us directly. 

 

  1. Information automatically collected or inferred from your online interaction with us. We automatically collect technical information about your online interactions with us (such as IP address or other unique identifier related to you or your Device, Device location, characteristics, and capabilities, prior and current web activity, your Bidwizer website activities and related click data, and browsing preferences) when you visit or interact with our Service (“Usage Information”). 

 

  1. Information from public sources, including government entities from which public records are obtained and information you submit in public forums. 

 

  1. Information from third parties. We receive information about you and your interactions with us from third parties, such as credit reporting entities, marketing and advertising providers, social network services, data brokers, and companies that provide or sell lists of potential purchasers. 

 

We may combine information that we receive from the various sources described in this Notice, including third party sources and public sources, and use or disclose it for the purposes identified below. 

 

  1. Types of Personal Information We Collect

The types of information that we collect about you (“Personal Information”) include: 

 

  1. Identifiers, such as your name, alias, postal address, country of residence, unique personal identifier, online identifier, internet protocol address, email address, account name, phone number, social media identifiers (e.g., Twitter handle, Instagram name, etc.) social security number, driver’s license number, passport number, or other similar identifiers. 

 

  1. Customer records, such as signatures. 

 

  1. Protected Class and Demographic information, such as age, race, gender, gender identity, national origin, religion, sex, citizenship, medical condition, military or veteran status, education, or date of birth. 

 

  1. Commercial information and preferences, including records of personal property, creditworthiness, products or services purchased, obtained, or considered, information you provide or post using the Service, or other purchasing or consuming histories or tendencies. 

 

  1. Internet or other electronic network activity information, such as your browsing history, search history, and information regarding your interactions with us (including interacting with us online, by mobile application, and through advertisements). 

 

  1. Geolocation information, such as approximate location based on your IP address or precise location with your express consent. 

 

  1. Audio, electronic, visual, thermal, olfactory, or similar information, such as video recordings of our premises, call center recordings, pictures you may post or submit via the Service, or customer support chat logs. 

 

  1. Professional, employment, or education information, such as job title, employer, business address and contact information, employment history, other professional information, or education history. 

 

  1. Education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act. 

 

  1. Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. 

 

  1. How We Use Your Personal Information

We may use each category of your information described above in the following ways: 

 

  1. To enable interactions between you and us or between you and other users or third parties, such as to facilitate online purchases of our products or those offered by other users or third parties using the Service; process shipping and returns; register and administer your account, provide you with and support your interactions with us, other users, and/or third parties; diagnose, repair and track service and quality issues; facilitate an order, download, return, or exchange; provide requested product information; communicate with you about your account or our data practices; install and configure changes and updates to programs and technologies related to interactions with us; authenticate those who interact with us; or to respond to your requests, complaints, and inquiries. 

 

  1. For our own internal business purposes, such as to evaluate, audit, or improve the usage, quality, and performance of programs and technologies related to interactions with us or third parties; design new services; process and catalog your responses to surveys or questionnaires (e.g., customer satisfaction reviews); perform internal research for technological development and demonstration; conduct data analysis and testing; and maintain proper business records and other relevant records. 

 

 

  1. For legal, safety, or security reasons, such as to comply with legal requirements; protect our safety, our property, or rights of those who interact with us, or others; and detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity. 

 

  1. In a de-identified, anonymized, or aggregated format. We may convert Personal Information into a de-identified, anonymized, or aggregated format, and use such information for any legal purpose. 

 

  1. For marketing. We may use your Personal Information to market our products or services or those of third parties, such as our business partners or other users of our Service. We may use your Personal Information to invite you to participate in marketing surveys, questionnaires, promotions, events, or contests. We may audit aspects of our ad impressions. We may use your Personal Information for short-term transient use, including for contextual ad customization. We may use your Personal Information to enhance our content and to deliver advertisements to you, including commercial emails. For more information about online marketing activity, see Section 6 below. 

 

  1. Stripe Financial Services Company (“Stripe”): if you elect to link to Stripe during your use of the Service, we may not use Stripe to gather personal information about you. By electing to link to Stripe, you grant us and Stripe the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution solely for the purpose of your inquiring into and/or completing a transaction on any of our Sites. By electing to link to Stripe, you agree to your personal and financial information being transferred, stored, and processed by Stripe in accordance with the Stripe Privacy Policy. 

 

  1. For any other purposes for which you provide consent. 

 

  1. With Whom We Share Your Personal Information

We may share your Personal Information with the categories of recipients described below: 

 

  1. Affiliates and subsidiaries: We may share your Personal Information within the Bidwizer group of companies, which includes parents, corporate affiliates, subsidiaries, business units, and other companies that share common ownership for the purposes described above. 

 

  1. Service providers: We may share your Personal Information with service providers working on our behalf in order to facilitate our interactions with you or request or support our relationship with you, such as hosting service providers, IT providers, operating systems and platforms, internet service providers, analytics companies, and marketing providers (e.g., we may share your email address with our outbound email marketing provider). We may contract with other companies to provide certain services, including identity verification, email distribution, market research, promotions management, and payment processing. We take reasonable efforts to provide these companies with only the information they need to perform services on our behalf. 

 

  1. Third parties necessary to complete a transaction or request. We may disclose information to third parties to provide you with services or benefits you may request, such as shipping vendors and consumer credit reporting companies. We may also share information with third parties at your direction, such as if you direct us to send or receive information from third parties using Plaid, or if you interact with other users of the Service. 

 

  1. Business partners: We may also provide your Personal Information or provide access to your Personal Information to our business partners who may use it for their own purposes, such as supplemental product providers, including those who offer vehicle accessories, insurance, etc., social network services, and lead generators. 

 

  1. For legal, security, and safety purposes: We may share your Personal Information with third parties such as law enforcement or other government agencies to comply with law or legal requirements, such as subpoena; to enforce or apply our User Agreement and other agreements; and to protect our rights and our property or the safety of our users or third parties. 

 

  1. In connection with a corporate transaction: We may transfer any information we have about you in connection with a change in corporate control, including but not limited to a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Bidwizer or as part of a corporate reorganization or stock sale. 

 

We may also de-identity, anonymize, or aggregate Personal Information to share with third parties for any purpose. 

 

  1. How We Use Cookies and Automatic Data Collection Tools

We may also collect information, which may include Personal Information, via cookies, web beacons (“tracking pixels”), embedded scripts, location-identifying technologies, device recognition technologies, in-app tracking methods, device and activity monitoring, or other manual, passive, or automatic tracking technologies, programs, or platforms (“Tracking Technologies”). The types of information we collect include but are not limited to Usage Information, your Internet Service Provider, IP address/Internet address from which you accessed our website(s) and/or other unique identifier(s) related to you or your Device, Device location, Device characteristics and operating system/settings, the date and time you access our website(s) and/or take certain actions on our website(s), recordings of your interactions with our websites and other digital properties, the pages you accessed while visiting our website(s) and related click behavior (such as products or offerings viewed and/or purchased), previously visited websites, and preferences. 

 

  • Cookies 

A cookie is a small text file that is stored on a user’s Device. We may place cookies on your Device(s), which may last only during a single session or may be persistent over multiple sessions over time. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service and may enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and, as a result, some features and functionalities of the Service may not work. To identify certain types of local shared objects on your Device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.ht.The Service may associate some or all of these types of cookies with your Devices. 

 

  • Web Beacons (“Tracking Pixels”) 

Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views. 

 

  • Embedded Scripts 

An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server, or from a third party with which we work, and is active only while you are connected to the Service and deleted or deactivated thereafter. 

 

  • Location-Identifying Technologies 

GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate you (sometimes precisely), or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features on the Service, your Device location may be tracked by us and third parties. Certain Service features may access and use information about your Device location (such as based on IP address or GPS, as applicable), or your account information, to suggest certain content, products, or services that may be available to you. Our Service content may be personalized based on various information we may have about you to try to provide you with more location-relevant content. 

 

  • Device Recognition Technologies 

We may use device recognition technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”). 

 

  • In-App Tracking Methods 

There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs,” or may use “SDKs,” to associate app user activity to a particular app and to track user activity across apps and/or devices. SDKs are blocks of code that may be installed in our mobile application by third party companies with which we work. SDKs help us understand how you interact with our mobile application and collect certain information about the Device and network you use to access our application, such as the advertising identifier associated with your Device and information about how you interact with our application. 

 

  • Device and Activity Monitoring 

Technologies that monitor, and may record, your interactions with the Service, including without limitation, keystrokes, and/or collect and analyze information from your Device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes such as identification, security, fraud prevention, troubleshooting, tracking, and/or improving the Service and customizing or optimizing your experience on the Service. 

 

We use these Tracking Technologies to remember user preferences, maximize the performance of our website(s) and Service, provide you with offers that may be of interest to you, measure the effectiveness of our email and other advertising campaigns, and to personalize online content. These Tracking Technologies may be used to track you across Devices and websites over time for purposes such as to associate different Devices to you and deliver relevant ads and/or other content to you on the Service and certain other online services. 

 

Additionally, we may permit third parties to place Tracking Technologies on our website(s) to allow these third parties to directly collect Personal Information from you. These third parties may also use Tracking Technologies to serve you advertisements tailored to interests you have shown by browsing on this website and other sites, applications, destinations, and services you have visited, and for other lawful business purposes. These third parties may offer or use Tracking Technologies or session replay tools, including but not limited to tools involving digital experience analytics and related platforms, to allow us to do things such as, but not limited to: track and evaluate user experiences and preferences, maximize the performance of our website(s) and Service, and measure the effectiveness of, troubleshoot, and/or improve our online/web-based content and offerings. In doing so, these third parties may collect your Personal Information, including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, Device identifier) and geographic location of your Device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The information provided in this Notice does not apply to the Tracking Technologies or similar tools or practices of third parties; you should review such third parties’ websites and applicable terms of use and/or privacy policies or notices for information specific to relevant third-party practices. 

 

To provide you with more relevant and interesting experiences, we may work with third party companies to display ads or customize the content on this website and on other digital properties and websites. For example: 

 

  • We use Google Analytics to analyze traffic to our Web site(s) in order to help us understand our customers’ and visitors’ needs and to continually improve our site for them. The data they collect on our behalf may include, but is not limited to, search engine referral, affiliate referrals, traffic driven by banner ads or other online promotions, how visitors navigate around the site, and the most popular pages. We also collect certain technical information, such as the browser version and operating system. We reserve the right to use, transfer, sell, and share data about our users for any lawful business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients, and customers. For more information related to our use of Google Analytics, please visit www.google.com/policies/privacy/partners/. 

 

  • We use Facebook Pixel and/or related Facebook business tools that may allow third parties, including Facebook, to use cookies, web beacons, and other storage technologies to collect or receive information from our website(s), app(s), and/or elsewhere on the Internet and use that information to provide measurement services and target ads. In addition, we may serve ads on other online services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our data bases and the data bases of the other online services. For instance, we may use such ad services offered by Facebook or Twitter and other third-party services. We are not responsible for these third-party services, including without limitation their security of the data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad, or go to your account settings, and find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you. 

 

These companies may use cookies and similar tracking technologies as described in this Notice to gather information about your visits to our website(s), as well as your visits elsewhere on the Internet. These companies use this information to provide you with more relevant advertising tailored to your interest based on your browsing of the Service and elsewhere on the Internet, sometimes known as “interest-based advertising” and “online behavioral advertising (“Interest-based Advertising”) which may include sending you an ad on another online service after you have left the Service (i.e., “retargeting”). 

 

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/ and http://www.aboutads.info/appchoices for information on the DAA’s opt-out programs. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). For more information about the NAI including how consumers can opt-out from receiving interest-based advertising from some or all of NAI’s members, please visit http://www.networkadvertising.org/choices. Opting out of Interest-based Advertising will not opt you out of all advertising, but rather only Interest-based Advertising from us or our agents or representatives. Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser, or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. 

 

Some browsers have incorporated Do Not Track (“DNT”) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish to have information about your online searching and browsing activities collected and used. As there is not yet a common agreement about how to interpret DNT signals, we do not honor DNT signals from website browsers at this time. However, you may be able to refuse or delete cookies. If you refuse or delete cookies, some of our website(s) functionality may be impaired. If you change Devices or browsers, or use multiple Devices or browsers, and delete your cookies, you may need to repeat this process for each Device or browser. Please refer to your browser’s Help instructions to learn more about how to manage cookies and the use of other tracking technologies. 

 

  1. Security and Retention

We maintain reasonable security procedures and technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, disclosure, alteration, or use. However, because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers, networks, or databases, and by using our Service you agree to assume all risk in connection with the information sent to us or collected by us when you access, visit, and/or use our Service, including without limitation your personally identifiable information, Personal Information, or other Registration Information, and we are not responsible for any loss of such information, or the consequences thereof. 

 

  1. Children’s Privacy

Interactions with us are intended for individuals 16 years of age and older. Our interactions are not directed at, marketed to, nor intended for, children under 16 years of age. We do not knowingly collect any information, including Personal Information, from children under 16 years of age. If you believe that we have inadvertently collected Personal Information from a child under the age of 16, please contact us at the address below and we will use reasonable efforts to delete the child’s information from our databases. 

 

  1. External Links

When interacting with us you may encounter links to external sites or other online services, including those embedded in third party advertisements or sponsor information, that we do not control. We are not responsible for the privacy practices and data collection policies for such third-party services. You should consult the privacy statements of those third-party services for details. 

 

  1. User Agreement

The User Agreement for interactions with us are incorporated by reference into this Notice. 

 

  1. Contact Info/Your Choices

If you have questions regarding this Notice, please contact us at: 

Email:  jmiles@bidwizer.com 
Mail:  417 5th Avenue 

Indialantic, Florida 32903 

Note: Only inquiries involving this Privacy Notice or Bidwizer’s collection, use, and/or management of your personal information should be sent to this email and/or mailing address. No other communication will be accepted or addressed. 

 

If you’ve registered on any part of the Service, please use the mechanism or contact information on the Service that allows you to change or update your member preferences or information, if available, to keep all such data accurate and up to date. If no such mechanism or contact information is available on the Service, contact us as described above with your changes. 

 

To opt-out of receiving promotional email messages from us, please click on the “Unsubscribe” link contained at the bottom of each email or by contacting us using the information above. 

 

  1. Your California Privacy Rights

This section applies to certain California residents and supplements (but does not replace) the Notice above. This section does not apply to the following information: 

  • Information about individuals who are not California residents. 

 

  • Information we collect in connection with providing individual consumers with a financial product or service (or in connection with a consumer seeking such financial products or services), such as by reviewing applications for financing. Such information is subject instead to our Financial Privacy Policy. 

 

  • Information about our own employees, contractors, agents, and job applicants. Such information is subject to a separate privacy notice that we will make available to individuals. 

 

  • Information we collect from individuals with whom we engage in solely business-to-business communications and transactions, including due diligence transactions, such as information about the employees of our business clients. 

 

Pursuant to the California Consumer Privacy Act of 2018, below is a summary of the personal information we collect from consumers, the parties with whom we may have shared personal information for business purposes in the previous 12 months, and the parties to whom we may have sold personal information in the previous 12 months. We do not knowingly sell the personal information of minors under 16 years of age. 

 

Categories of Personal Information We Collect  Categories of Third Parties with Whom We Disclose Personal Information for a Business Purpose  Categories of Third Parties with Whom We Sell Personal Information 
Identifiers, such as real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. 
  • Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc. 
  • Third party social network services 
  • Our parents, subsidiaries, and affiliates 
  • Marketing and advertising partners or providers 
  • Public or law enforcement officials, as well as private parties involved in other legal process 
  • Consumer credit reporting companies 
  • Companies or other users to whom your data is shared at your direction 
  • Supplemental product providers, such as those who offer vehicle accessories, insurance, etc. 
  • Entities involved in a corporate transaction 
  • Third party social network services 
  • Data analytics providers 
  • Consumer credit reporting companies 
  • Supplemental product providers, such as those who offer vehicle accessories, insurance, etc. 
  • Companies that create or receive sales leads 
Personal information subject to the California Customer Records Act, such as signatures. 
  • Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc. 
  • Third party social network services 
  • Our parents, subsidiaries, and affiliates 
  • Marketing and advertising partners or providers 
  • Public or law enforcement officials, as well as private parties involved in other legal process 
  • Consumer credit reporting companies 
  • Companies or other users to whom your data is shared at your direction 
  • Supplemental product providers, such as vehicle accessories, insurance, etc. 
  • Entities involved in a corporate transaction 
  • Third party social network services 
  • Data analytics providers 
  • Consumer credit reporting companies 
  • Supplemental product providers, such as those who offer vehicle accessories, insurance, etc. 
  • Companies that create or receive sales leads 
Characteristics of protected classifications under California or Federal Law, such as age, sex (including gender, gender identity, gender expression), citizenship, religion or creed, marital status, medical condition, pregnancy or childbirth, veteran or military status. 
  • Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc. 
  • Third party social network services 
  • Our parents, subsidiaries, and affiliates 
  • Marketing and advertising partners or providers 
  • Public or law enforcement officials, as well as private parties involved in other legal process 
  • Consumer credit reporting companies 
  • Companies to whom your data is shared at your direction 
  • Supplemental product providers, such as vehicle accessories, insurance, etc. 
  • Entities involved in a corporate transaction 
  • Third party social network services 
  • Data analytics providers 
  • Consumer credit reporting companies 
  • Supplemental product providers, such as those who offer vehicle accessories, insurance, etc. 
  • Companies that create or receive sales leads 
Commercial information, including records of personal property, product or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies. 
  • Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc. 
  • Third party social network services 
  • Our parents, subsidiaries, and affiliates 
  • Marketing and advertising partners or providers 
  • Public or law enforcement officials, as well as private parties involved in other legal process 
  • Consumer credit reporting companies 
  • Companies or other users to whom your data is shared at your direction 
  • Supplemental product providers, such as vehicle accessories, insurance, etc. 
  • Entities involved in a corporate transaction 
  • Third party social network services 
  • Data analytics providers 
  • Consumer credit reporting companies 
  • Supplemental product providers, such as those who offer vehicle accessories, insurance, etc. 
  • Companies that create or receive sales leads 
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application or advertisement. 
  • Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc. 
  • Third party social network services 
  • Our parents, subsidiaries, and affiliates 
  • Marketing and advertising partners or providers 
  • Public or law enforcement officials, as well as private parties involved in other legal process 
  • Consumer credit reporting companies 
  • Companies or other users to whom your data is shared at your direction 
  • Supplemental product providers, such as vehicle accessories, insurance, etc. 
  • Entities involved in a corporate transaction 
  • Third party social network services 
  • Data analytics providers 
  • Consumer credit reporting companies 
  • Supplemental product providers, such as those who offer vehicle accessories, insurance, etc. 
  • Companies that create or receive sales leads 
Geolocation data, such as approximate location of a Device or equipment based on geographical coordinates and measurements, including on company issued devices, company-controlled phones, etc. 
  • Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc. 
  • Third party social network services 
  • Our parents, subsidiaries, and affiliates 
  • Marketing and advertising partners or providers 
  • Public or law enforcement officials, as well as private parties involved in other legal process 
  • Consumer credit reporting companies 
  • Companies or other users to whom your data is shared at your direction 
  • Supplemental product providers, such as vehicle accessories, insurance, etc. 
  • Entities involved in a corporate transaction 
  • Third party social network services 
  • Data analytics providers 
  • Companies that create or receive sales leads 
Audio, electronic, visual, thermal, olfactory, or similar information such as CCTV footage, call recordings, web activity recordings, etc. 
  • Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc. 
  • Our parents, subsidiaries, and affiliates 
  • Marketing and advertising partners or providers 
  • Public or law enforcement officials, as well as private parties involved in other legal process 
  • Companies or other users to whom your data is shared at your direction 
  • Supplemental product providers, such as vehicle accessories, insurance, etc. 
  • Entities involved in a corporate transaction 
  • Third party social network services 
  • Data analytics providers 
  • Companies that create or receive sales leads 
Professional, employment, or education information, such as job title, employer, business address and contact information, employment history, other professional information, or education history. 
  • Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc. 
  • Third party social network services 
  • Our parents, subsidiaries, and affiliates 
  • Marketing and advertising partners or providers 
  • Public or law enforcement officials, as well as private parties involved in other legal process 
  • Consumer credit reporting companies 
  • Companies or other users to whom your data is shared at your direction 
  • Supplemental product providers, such as vehicle accessories, insurance, etc. 
  • Entities involved in a corporate transaction 
  • Third party social network services 
  • Data analytics providers 
  • Consumer credit reporting companies 
  • Supplemental product providers, such as those who offer vehicle accessories, insurance, etc. 
  • Companies that create or receive sales leads 
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. 
  • Service providers, such as identity verification services, financial services, technical support, research and analytics providers, etc. 
  • Third party social network services 
  • Our parents, subsidiaries, and affiliates 
  • Marketing and advertising partners or providers 
  • Public or law enforcement officials, as well as private parties involved in other legal process 
  • Consumer credit reporting companies 
  • Companies or other users to whom your data is shared at your direction 
  • Supplemental product providers, such as vehicle accessories, insurance, etc. 
  • Entities involved in a corporate transaction 
  • Third party social network services 
  • Data analytics providers 
  • Consumer credit reporting companies 
  • Supplemental product providers, such as those who offer vehicle accessories, insurance, etc. 
  • Companies that create or receive sales leads 

Collection of the categories of personal information identified above may occur through one or more of the following sources: 

 

  • From you, when you engage in certain activities such as: registering and/or setting up an account/profile to access Bidwizer.com, Bidwizer’s mobile application, or related Bidwizer platforms and/or Service(s), and navigating and/or utilizing Bidwizer’s website(s), mobile, and/or related Service(s), including by submitting User Content. 

 

  • From third party social networking service(s) that you may have accessed, visited, and/or used that may be integrated with or linked to the Service(s). 

 

  • From lead generation partners or sources. 

 

  • From identity verification partners. 

 

  • From entities that sell or share your personal information, including entities registered in California as data brokers. 

 

  • From service providers who gather personal information from you or external parties who possess and/or process your personal information, once you grant the requisite right, power, and/or authority to those service providers to act on your behalf and gather and/or provide such data to us. 

 

  • Through Local Device Storage (placing and/or storing code or other types of information and/or devices (e.g., “cookies”) on your Device(s)) or Tracking Technologies (web beacons, web bugs, clear gifs, and similar technologies), as described in detail in Section B and F of this Notice. 

 

The business and/or or commercial purpose(s) for which we collect the data identified above may include one or more of the following: 

 

  • Auditing, such as auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards; 

 

  • Debugging, such as debugging to identify and repair errors that impair existing intended functionality; 

 

  • The occurrence of mergers and acquisitions, including in the event Bidwizer undergoes a corporate reorganization such as a merger, acquisition, sale of part or all of its business, or other related event, in which data may be collected, used, or shared for the purpose of negotiating or completing such transactions; 

 

  • Performing or improving services, such as maintaining or servicing accounts, providing customer service, facilitating communications between users, providing consumers with requested or personalized content, communicating with you about new features, products, or services, processing or fulfilling orders and transactions, tailoring the services that we offer to your needs; verifying your information, processing payments, providing financing, providing analytic services, or providing similar services on behalf of Bidwizer; 

 

  • Quality assurance, including undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by Bidwizer, and to improve, upgrade, or enhance the Service or a device that is owned, manufactured, manufactured for, or controlled by Bidwizer; 

 

  • Security, such as detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and/or prosecuting those responsible for that activity; 

 

  • Short-term, transient use; 

 

  • To communicate, advertise, and/or market Bidwizer’s goods, products, and/or services, to show you content and sponsored messaging, to engage in interest-based advertising, to gauge the effectiveness of marketing campaigns, and/or for other marketing or advertising purposes; 

 

  • To comply with legal or compliance requirements, such as compliance training, investigating and responding to legal claims, responding to law enforcement requests, or as otherwise required by law; 

 

  • To conduct internal research, including undertaking internal research for technological development and/or demonstration and analyzing trends; 

 

  • To help diagnose problems with our servers, to gather broad demographic information, track users’ movements around the Service, and/or to otherwise administer the Service; and/or 
  • To track geographic location, usage patterns, broad demographic information, and/or the movements of individual users. 

 

Your Rights 

California residents may exercise the following rights, subject to legal limitations and applicable exceptions, via our Privacy Portal at https://privacyportal.bidwizer.com/ or by calling 800-920-6912. 

 

  • Right to Know. You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, and the categories of third parties with whom we have shared or sold your personal information (“Categories Report”). You may also request information about the specific pieces of personal information we have collected about you (“Specific Pieces Report”). 

 

  • Right to Delete. You have the right to request that we delete personal information that we have collected from you. 

 

  • Right to Opt Out. You have the right to opt out of the sale of your personal information. 

 

In accordance with applicable law, we will not discriminate against you for exercising these rights. 

 

Verification: In order to exercise your rights, we may need to obtain information to locate you in our records, verify that you are a California resident, and/or verify your identity depending on the nature of the request. If you are submitting a request on behalf of a household, we may need to verify each member of the household in the manner set forth in this section. 

 

Please be aware there might be circumstances where we will not honor you request, as permitted under the CCPA. For example, if we are not able to verify your identity and/or that you are a California resident, we may not honor your access, deletion, or opt-out request. We will send a verification email that you must respond to in order for us to proceed with a Right to Delete or Right to Know request as part of the verification process. Additionally, we may not delete your personal information if an exception under the CCPA applies to your deletion request. 

 

For a Specific Pieces Report, we may request data such as your name, email address, home address, and date of birth to verify your identity, along with a signed declaration, under penalty of perjury, that you are who you say you are. We may also request data such as the last four digits of your Social Security Number if you use Bidwizer’s financing services. 

 

For a Categories Report, we may request data such as your name, email address, and home address to verify your identity. 

 

For a Right to Delete request, we may request data such as your name, email address, home address, and date of birth to verify your identity, along with a signed declaration, under penalty of perjury, that you are who you say you are. We may also request the last four digits of your Social Security Number if you use Bidwizer’s financing services. 

 

The verification information you provide must match the information currently associated with your Bidwizer.com account. We may request alternative information under certain circumstances and will inform you if such information is needed in the verification process. 

 

Authorized Agents: Authorized agents may exercise rights on behalf of consumers, but we reserve the right to also verify the consumer directly as described above. Authorized agents must use the Privacy Portal and upload documentation demonstrating the agent has authority to exercise rights on the consumer’s behalf. At a minimum, we will require evidence of the agent’s identity, proof of registration with the California Secretary of State, and at least one of the following evidencing proof of your legal authority to act on the behalf of the individual consumer: 

 

  • Written authorization signed by the Consumer; or 

 

  • Certified copy of a Power of Attorney granted under Probate Code. 

 

Timing: We will process a Request to Opt Out within 15 business days. We will respond to Requests to Delete and Requests to Know within 45 calendar days, unless we need more time (in which case we will notify you), and may take up to 90 calendar days in total to respond to your request(s). 

 

California Shine the Light: If you are a California resident, you may opt out of sharing your Personal Information with third parties for the third parties’ direct marketing purposes. Please contact us at privacyportal@bidwizer.com if you would like to do so. 

 

TOTAL REQUESTS* 
Request Type  Number of Requests 
Total Delete Requests Received   
Delete requests denied   
Delete requests complied with in whole   
Delete requests complied with in part   
Median number of days to substantively respond to Delete requests   
Total Right to Know Requests Received   
Right to know requests denied   
Right to know requests complied with in whole   
Right to know requests complied with in part   
Median number of days to substantively respond to Right to Know requests   
Total Opt Out Requests Received   
Opt out requests denied   
Opt out requests complied with in whole   
Opt out requests complied with in part   
Median number of days to substantively respond to opt out requests   
Total Requests Received   
*Metrics disclosed represents requests received from all individuals including California consumers. 

 

If you don’t agree to the terms contained in this User Agreement and Privacy Notice, you must immediately exit the Service. 

 

Dealer Services 

Bidwizer includes a vehicle listing and information service on private listing portion of the site, sometimes referred to as the “Platform”, that brings together buyers and sellers, and offers a secure private vehicle sales platform (“Platform”) through which buyers and sellers can conduct vehicle sales transactions. The information on vehicles provided through these services and on the Site is supplied by the seller or other third parties; Bidwizer is not responsible for the accuracy of such information. Bidwizer provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. Bidwizer is not a party to any transaction between vehicle buyers and sellers that occurs through the Site or that originates from information found on the Site. Vehicle prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing. 

 

You may pay a fee for access to certain Bidwizer services related to the Platform. All such fees are payable in advance of the provision of any such service are nonrefundable. We may change these fees at any time in our sole discretion. You shall be solely responsible for the payment of any taxes applicable to its payment for and/or use of such services, other than taxes on Bidwizer’s income. Your obligation to pay the fees is unconditional and not dependent on level of promotion, number of ad impressions or exposures, sales, leads, or inspection outcomes. Following payment, you will receive such Platform services for the period of time specified at the time of purchase unless your listing is removed by you for any reason or by Bidwizer due to an issue with your listing. 

FOR ALL PLATFORM-RELATED SERVICES, Bidwizer IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. Bidwizer does not hold or possess title for any vehicle listed for sale on our Site and Bidwizer is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site. 

 

Information about a particular vehicle is supplied by the seller, not by Bidwizer, and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. Bidwizer is not responsible for incorrect information given by buyers or sellers, including (i) information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles, and (ii) information about the identity, reliability or suitability of a buyer or seller. Vehicle History reports are provided for informational purposes only from an unaffiliated third-party vehicle report provider, and Bidwizer is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper or any other private sales transaction. 

 

BIDWIZER MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE “AS IS”. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. BIDWIZER DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. BIDWIZER DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE. 

 

Dealer Use of Restricted Services 

If you are a car dealer listing vehicles using Bidwizer’s Restricted listing services, you and your dealership’s access to and use of the Restricted services is subject to the Dealer Services Agreement. 

 

Digital Millennium Copyright Act Compliance 

Bidwizer complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements: 

  1. A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  1. 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; 
  1. 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 Bidwizer to locate the material; 
  1. Information reasonably sufficient to permit Bidwizer to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted; 
  1. A statement by you 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; and 
  1. A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

The Designated Agent for notice of copyright infringement claims may be reached as follows: 

Julie Miles 

Bidwizer, Inc. 

417 5th Avenue 

Indialantic, Florida 32903 

BidWiser™ and BidWizer™ are protected by law as registered trademarks.

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