Terms of Use

This website is for use by people who live in the United States. We do not warrant that this website is appropriate or authorized for use in any other country. If you live outside of the United States, you are responsible for determining whether this website and our Privacy Policy comply with the laws that apply to you. If this website or our Privacy Policy does not comply with the laws that apply to you, you must not access or use this website.

WEBSITE TERMS OF USE

This website (this "Site") is operated by or on behalf of Wake Up Media Inc., an Oregon corporation doing business as "BidMyTradeIn.com" ("BidMyTradeIn.com"). These Website Terms of Use (these "Terms") govern your use of this Site.

1. Agreement to Terms and Conditions. By accessing, visiting and/or using this Site, you, the visitor, acknowledge that you have read, understand and agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Site. BidMyTradeIn.com may change these Terms at any time by posting the change to this Site. You will be bound by those changes if you visit this Site after those changes have been posted. The date these Terms were last modified is identified at the end of these Terms.

2. Termination. If you breach or otherwise fail to comply with these Terms, your right to access and use this Site will terminate immediately without notice.

3. Intellectual Property Rights.

3.1 Ownership . "BidMyTradeIn.com" is a trademark of Wake Up Media Inc. The images, illustrations, designs, icons, photographs, video and audio clips, text and graphics, and the look and feel, collection, arrangement and assembly of the content on this Site, its structure, the domain name/URL for this Site, the HTML code for this Site, the logos and brand names of the products described on this Site and other materials displayed on this Site (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks and trade dress, as well as publicity rights and/or other intellectual property, owned by BidMyTradeIn.com or used by BidMyTradeIn.com with permission of their owners, including without limitation: (a) Carfax is the trademark of Carfax, Inc; (b) Autocheck and the Autocheck logo are the trademarks of Experian; The Materials are protected by United States copyright, trademark and other intellectual property laws and international treaty. Unauthorized reproduction, distribution or modification is subject to civil and criminal penalties.

3.2 Your Limited License. If you have a car you would like to trade in to an automobile dealership (in that case, a "Seller"), you may do any of the following for your personal, non-commercial use, or if you are a car dealer (a "Dealer"), or the authorized agent of a Dealer, you may do any of the following in connection with your automobile dealership, in either case as long as you comply with the restrictions in Section 3.3: (a) visit this Site; (b) print a reasonable number of copies of any pages on this Site; and (c) transmit pages of this Site to others. Any other use of any Materials without the express written permission of BidMyTradeIn.com is strictly prohibited. BidMyTradeIn.com may limit or revoke this license at any time.

3.3 Restrictions on Your Use of Materials. Without BidMyTradeIn.com's prior written permission, you must not: (a) use the Materials for any commercial purposes unless you are an automobile dealership who has entered into a binding subscription agreement with BidMyTradeIn.com; (b) modify any of the Materials; (c) remove or alter any copyright, trademark or other proprietary rights notices; (d) except as expressly permitted in Section 3.2 above, copy, reproduce, republish, upload, post, transmit or distribute any of the Materials; (e) access or use this Site for the benefit of any other person; or (f) reverse-engineer, disassemble or decompile except to the extent expressly authorized by applicable law.

3.4 No License . Except as expressly descried in Section 3.2 above, nothing in these Terms or in this Site grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials. All rights reserved.

3.5 Notice of Infringement. BidMyTradeIn.com will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, BidMyTradeIn.com will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. BidMyTradeIn.com will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to the address or telephone number below:


Wake Up Media Inc.
PO BOX 219157
Portland, OR 97225

Telephone: (971) 228-8659

Please include in the subject line the word "copyright" for all claims of copyright infringement and the words "intellectual property" for all claims of any other intellectual property infringement. Direct all other questions and comments to support@bidmytradein.com.

4. Acceptable Use Policy.

4.1 Your Account. If and when you sign up for an account through this Site, you will select a user name and password. To the extent you provide any information to BidMyTradeIn.com when that account is established, or at any other time, you warrant that the information you provide is true, accurate and complete. Each time you log in to that account, you will be deemed to have repeated that warranty. You are responsible for protecting the security and confidentiality of your log-on information and for all financial and other obligations incurred by anyone who uses your log-on information, whether or not you have authorized that use. Notify BidMyTradeIn.com immediately if you become aware of any unauthorized use of your log-on information or any other breach or threatened breach of this Site's security. BidMyTradeIn.com's contact information may be found in Section 16 below.

4.2 Security Rules. Do not: (a) access data that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan or test the vulnerability of any system or network related in any way to this Site; (d) breach any security or authentication measures; (e) transmit data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other code that adversely affects the operation of any software or computer hardware or otherwise interferes with service to any host, network, or other user; (f) impersonate another person; (g) violate or attempt to violate the security of this Site; or (h) attempt to do any of the preceding.

4.3 Restrictions. (a) You will not (i) use this Site to violate any law, regulation, court order or contract by which you are bound; (ii) use this Site to advertise any goods or services; (iii) solicit funds, goods or services or suggest in any way that other visitors to this Site join or become a member of any club, service, pyramid, multi-level marketing or other organization; (iv) post chain letters on or send chain letters through this Site; (v) post a link to any other website, email or electronic account that contains or does any of the actions prohibited by this Section; (b) you will not impersonate another person; and (c) your submission to, or posting of, any text, graphics, images, photographs, audio and/or video files, information, ideas or other communications on this Site (each, a "Transmission") will not (i) contain any nudity, obscenities, pornographic or other adult material; (ii) libel, slander or defame any person, facility or product; (iii) invade the privacy of any person, misappropriate the trade secrets of any other person or infringe the copyright, patent, trademark or other proprietary right of any other person; (iv) constitute an unfair or improper trade practice or other wrongful conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (vii) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law.

5. Purchases of BidMyTradeIn.com Products. Sellers who post their automobiles on the Site will be subject to BidMyTradeIn.com's Term of Use (the "Listing Agreement"). Dealers who have entered into a binding subscription agreement with BidMyTradeIn.com (a "Subscription Agreement") will be subject to the terms of that Subscription Agreement.

6. Your Participation in Forums, Testimonials, Contests, Sweepstakes and Transmissions Generally.

6.1 Discussion Groups and Social Networking Services; Ownership; License. "Forum" means a discussion group, chat area, social networking service or any other bulletin board or email function provided by this Site in which visitors post or otherwise contribute information. Except as expressly provided otherwise in the Privacy Policy, you accept, acknowledge, understand and agree to each of the following provisions as it relates to your use of any Forum:

(a) Compliance with these Terms. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in the acceptable use policy in Section 4 and in this Section 6.

(b) Ownership of Transmissions; License. You will own all Transmissions that you post on the Forum; however, by sending or posting any Transmissions on the Forum, you grant (or warrant that the person who owns the rights to those Transmissions has expressly granted) to BidMyTradeIn.com a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right and license (i) to use, copy, modify, adapt, sell, lease, publish, translate, create derivative works from, distribute, perform, transmit and display those Transmissions; (ii) to incorporate the Transmissions into any other works in any form, media or technology now known or developed in the future, and (iii) to sublicense and assign any or all of those rights to others.

(c) Use and Disclosure of Transmissions. If you submit or post any Transmissions on the Forum: (i) BidMyTradeIn.com will treat your Transmissions as non-confidential and non-proprietary; (ii) BidMyTradeIn.com may use and disclose those Transmissions in connection with the development, manufacture and marketing of goods and/or services and for any other purpose; (iii) you waive (or warrant that the person who owns the rights to the Transmissions has expressly waived) all "moral rights" in those Transmissions.

(d) Warning regarding Profiles. Unless you choose to make your profile "public", your profile will be displayed only to other members of that Forum. Do not give out to others or display in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number or password creates safety risks and may result in unsolicited communications.

(e) Warning regarding Content. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. BidMyTradeIn.com does not represent or warrant the reliability, accuracy or truthfulness of that content. Although BidMyTradeIn.com is not obligated to do so, it may monitor Transmissions posted on the Forums. Because BidMyTradeIn.com does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to us at support@bidmytradein.com.

6.2 Contests, Sweepstakes and Testimonials. BidMyTradeIn.com may from time to time offer contests and sweepstakes through this Site. Those contests and sweepstakes will be governed by the rules posted with those contests and sweepstakes. BidMyTradeIn.com may also from time to time solicit testimonials or other comments. Any personally identifying information submitted to BidMyTradeIn.com in connection with a contest, sweepstake or solicited testimonial will be governed by BidMyTradeIn.com's Privacy Policy. All other information included in those Transmissions will be owned by BidMyTradeIn.com, and you hereby sell and assign all right, title and interest in and to those Transmissions to BidMyTradeIn.com.

6.3 Registration Information. If you are required to register in order to participate in a Forum, contest or sweepstake, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or chose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation (e.g., buy-cars-from-me).

6.4 Transmissions Generally. By sending any Transmission to this Site, you warrant that the Transmission does not, and that BidMyTradeIn.com' use of the Transmission will not: (a) violate any law or regulation; (b) contain any material that libels, slanders or defames any person, facility or product; (c) invade the privacy, infringe the proprietary rights or violate any other right of any person; (d) constitute an unfair or improper trade practice or other wrongful business conduct; (e) constitute spam or violate any of the security rules or other provisions in the acceptable use policy described in Section 4 above.

7. Ads; Links; Disclaimer. The Site may contain pop-up advertisements and/or links to other websites; however, that does not mean that BidMyTradeIn.com has reviewed, or approves, endorses or is otherwise associated with, those ads or websites. BidMyTradeIn.com is not responsible for the content, terms of use or privacy policy applicable to any websites other than this Site or to any other person's ads that may appear on this Site. BidMyTradeIn.com cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of those ads or the websites . Although BidMyTradeIn.com may periodically attempt to verify the accuracy of the ads and other websites, neither BidMyTradeIn.com nor any of its affiliates will be liable for any errors or inaccuracies in those ads and third party websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in the ads and third party websites that are linked to this Site. You bear all risk associated with your use of information in the ads and third party websites. BidMyTradeIn.com reserves the right to terminate any ads or links to other websites without notice. Unless you have received written permission from a duly authorized officer of BidMyTradeIn.com, you may not frame this Site or suggest in any way that BidMyTradeIn.com is associated with, approves or endorses any other website.

8. General Disclaimer of Warranties . All Materials available on or through this Site are provided "AS IS", and to the maximum extent permitted by applicable law, BidMyTradeIn.com disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, usage in the trade, title, quiet enjoyment, data accuracy, and non-infringement. Without limiting the preceding general disclaimer, BidMyTradeIn.com does not warrant that your use of this Site will be uninterrupted or error free, that defects will be corrected or that this Site or the Materials are free from viruses or other harmful components. Although BidMyTradeIn.com makes reasonable efforts to ensure that the Materials on this Site are accurate and up to date, BidMyTradeIn.com does not make any representations or warranties regarding the use, validity, correctness, accuracy, reliability or truthfulness of this Site, any Materials, any websites that link to this Site, or any links on this Site to other websites .

9. Limitation of Liability. Under no circumstances will BidMyTradeIn.com, its affiliates, suppliers or their shareholders, directors, officers, employees or agents, be liable for any loss of data, loss of use, lost profits, cost of cure, any damages caused by viruses or bugs, any hardware, software or communication malfunction, any failures or delays in computer transmissions or network connections, or any direct, indirect, special, punitive, exemplary, incidental or consequential damages, arising out of your use or inability to use this Site or the Material, even if those damages are foreseeable and even if BidMyTradeIn.com has been advised of the possibility of those damages. If your use of this Site or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. By using this Site, you agree that BidMyTradeIn.com' maximum aggregate liability to you for all claims arising from or related to this Site, any Materials or any Transmissions is limited to $50.

10. Privacy. It is BidMyTradeIn.com' policy to respect the privacy of all visitors to this Site. Please read BidMyTradeIn.com' Privacy Policy.

11. Governing Law. All disputes relating to the Materials, the Transmissions, these Terms or any other part of this Site will be governed by the laws of the State of Oregon, and to the extent applicable, the federal laws of the United States of America, except that neither Oregon's choice of law rules nor the Convention for the International Sale of Goods will apply.

OPTION A: 12. Jurisdiction. The Site is controlled by BidMyTradeIn.com. BidMyTradeIn.com's offices are located within the State of Oregon. All disputes relating to the Materials, the Transmissions, these Terms or any other part of this Site (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) will be resolved in the state or federal courts for Milwaukie, Oregon, USA. You will not file any action or proceeding in any other jurisdiction, and you waive any argument that those courts are an inconvenient forum.

OPTION B: 12. Arbitration. All disputes (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against BidMyTradeIn.com, its agents, employees, affiliates, successors and assigns (collectively, the "BidMyTradeIn.com Affiliates"), relating to the Materials, the Transmissions, these Terms or any other aspect of this Site will be resolved by binding arbitration administered by the Arbitration Service of Portland, Inc. ("ASP") under its arbitration rules then in effect. You may obtain a copy of those rules by writing to ASP at 620 SW 5th Avenue, Suite 1010, Portland, Oregon 97204, by downloading the rules from ASP's website, http:// www.arbserve.com, or by telephoning ASP at 503-226-3109 or 1-800-423-1216. That arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between BidMyTradeIn.com and you, the user. The arbitration will be conducted in Portland, Oregon, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Either you or BidMyTradeIn.com may, without violating this provision, seek from a court any equitable relief that may be necessary to protect the rights or property of that person pending the appointment of an arbitrator (or pending the arbitrator's determination of the merits of the controversy), and in those cases, you irrevocably submit to the jurisdiction of any state or federal court sitting in the State of Oregon, you waive any objection to jurisdiction and venue in those courts and any claim that forum is inconvenient, and you agree not to initiate any proceeding against BidMyTradeIn.com in any other jurisdiction.

13. Headings . The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.

14. Separate Agreements . If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.

15. Other Terms and Conditions. These Terms apply to all uses of this Site unless you and BidMyTradeIn.com have signed a Listing Agreement, a Subscription Agreement or some other separate formal contract, in which case that separate agreement will govern to the extent it conflicts with these Terms.

16. Notices, Questions, Communications. If you wish to contact BidMyTradeIn.com, please direct all inquiries (except for claims of copyright infringement) to support@bidmytradein.com or telephone this Site administrator at 971-228-8659. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 3.5 above.

17. Entire Agreement. Except as described in Section 15 (Other Terms and Conditions), these Terms reflect the entire agreement between you and BidMyTradeIn.com relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of BidMyTradeIn.com.

LAST UPDATED: 2/15/2012

Copyright 2010 –2012, Tonkon Torp LLP. All rights reserved. Used by BidMyTradeIn.com with permission.

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