Welcome to myLIVEoffer.com^TM. You have reached this page either directly from the myLIVEoffer.com^TM website, or via a link from one of our participating automobile dealers or other partners. The myLIVEoffer.com^TM website, as well as the services, features, platform, and technology that allow you to search for and eNegotiate on automobiles, are referred to collectively in this Agreement as the "myLIVEoffer.com^TM System", or sometimes simply as the "System." The System is owned and operated by Auto Bid Systems, Inc., which does business under the name "myLIVEoffer.com^TM." The terms of this Agreement apply to your use of the System either directly via the myLIVEoffer.com^TM website or via a website operated by one of our partners.

This User Agreement governs your use of the myLIVEoffer.com^TM System. By using the System, you agree to abide by the terms of this Agreement. Before using the System, please read this Agreement as well our Privacy Policy and the other documents referred to in this Agreement, because you will be bound by all of them if you use our System.  We may amend this Agreement at any time by posting the amended terms on the myLIVEoffer.com^TM website. All amended terms shall automatically be effective immediately. By using the System, you are agreeing to all of the terms and conditions of this Agreement, which constitutes a valid and binding contract between you and Auto Bid Systems, Inc.

Who Can Use the myLIVEoffer.com^TM System:

The myLIVEoffer.com^TM System is only available to those 18 years of age and older. If you are not at least 18 years old, please do not use the System.

The System is all about helping you find a dealer that will sell you a vehicle for a price that you are willing to pay. If you are not in the position to purchase a vehicle for any reason, you should not use the System.

The System offers various features. Some features, such as allowing you to make offers on specific vehicles by VIN (Vehicle Identification Number), can only be used after you have provided us with information about yourself. You will be prompted to provide us with any additional information that is needed in order to access certain features. All of the information that we collect is governed by our Privacy Policy. You do not have to provide us with such information, but, if you do not, you may not be able to take full advantage of the System.  For example, users who do not provide requested information may not be able make offers on vehicles, and results of searches may not contain complete vehicle information.

Registering to Make Offers On Vehicles:

If you want to make an offer on a vehicle, you must register by providing the information called for in our registration screens, which will be presented to you as you use the System. You can only register by following the registration screens. If you register, you must provide truthful information; you will be responsible for providing false or misleading information. You can only register for yourself. Because each user agrees to abide by the terms of this Agreement, you cannot register for or as someone else. You cannot transfer your registration to anyone else.

Businesses can register to use the System, but the person completing the registration must have authorization to sign up for the business.

Lock-In and Dealer Guarantees:

myLIVEoffer.com^TM is not an automobile dealer; we do not own or sell any of the vehicles that you can search on the System. We are not an auctioneer, broker, or buying service, either. Instead, we make it easy for registered users to reach an agreement with a Dealer for the sale by the Dealer to the successful eNegotiator on a specific vehicle, but we are not a party to any sale and we do not share any of the proceeds from the sale of any vehicles. The System is designed to allow a registered user to obtain a Dealer Guarantee from a Dealer, but the System does not allow you to buy a car online. You still have to visit the Dealer and complete necessary paperwork at the Dealer’s location before you can purchase a vehicle and obtain title.

As a registered user, you can obtain a Dealer Guarantee after locking in a "Accepted Offer" on a specific vehicle. You make an Accepted Offer when the dealer accepts the price you are willing to pay for a specific vehicle – by VIN –. The Dealer may later negate an accepted offer for a vehicle at any time until a Accepted Offer has been placed on the vehicle and the price has been locked in.

If you place a Accepted Offer on a vehicle, you can "Lock In" the Accepted Offer by following the instructions on screen. If you follow the "Lock In" screens, you will be prompted to provide valid credit card information so that a $150 hold can be placed on your credit card (similar to a hotel or rental car reservation hold). By doing so, you are telling the Dealer that you agree to purchase the vehicle on which you placed the Accepted Offer for that Accepted Offer price. At that time, you will be provided with a Dealer Guarantee. Please note that myLIVEoffer.com^TM does not collect any money from you.

Pursuant to a Dealer Guarantee, the Dealer agrees as follows:

i.       You, as the successful eNegotiator, will be able to purchase the specific VIN at the price that you Locked In online (the "Lock In Price") and that is presented on the printed Transaction Summary page; or

ii.       You, as the successful eNegotiator, will be able to purchase the exact same make, model, and trim package of the vehicle (different VIN) at the Lock In Price; or

iii.       You, as the successful eNegotiator, will receive a $500 discount from the purchase price of any higher level make/model vehicle (or the next highest trim level on the same make/model) on the Dealer’s lot, including any other same make/model vehicles listed by the Dealer using the System.

Information That We Provide to the Dealer:

Once you have agreed to Lock In a Accepted Offer, the Dealer that owns the vehicle will be provided with information about you from your registration, including your name and contact information.  At that time, the Dealer will contact you to make arrangements for you to visit the Dealer’s location to purchase the vehicle. The Dealer may also use this information, either itself or with the assistance of third parties, to verify your identity and possibly to evaluate whether you qualify to purchase the vehicle. You agree that our System may provide such information to the Dealer and that the Dealer may use such information for this purpose. Please note that, while we require the Dealers to honor the Privacy Policy, we cannot control what they actually do with the information, and we are not responsible for the Dealer’s use of the information.

Fees:

ABS does not charge you any fees to use the System.

Nothing on the myLIVEoffer.com^TM System Is a Sale:

Neither a Accepted Offer, nor a Lock In, nor the delivery to you of a Dealer Guarantee, nor any other transaction or exchange on the myLIVEoffer.com^TM System, constitutes a sale or contract of sale for any vehicle. A sale does not occur until you sign the sale documents at the Dealer’s location and title is passed to you or to your lender by the Dealer. myLIVEoffer.com^TM will not be involved in that process. myLIVEoffer.com^TM does not hold or transfer title to any vehicles.

No Warranties or Promises by myLIVEoffer.com^TM:

The Dealer Guarantee is provided by the Dealer that owns the Vehicle on which you placed the Accepted Offer. The Dealer Guarantee is not made by myLIVEoffer.com^TM; it is only delivered to you by myLIVEoffer.com^TM. Pursuant to our agreement with the Dealer, the Dealer has authorized myLIVEoffer.com^TM to make the Dealer Guarantee available on behalf of the Dealer.

The Dealer has committed itself to honor the Dealer Guarantee, and we expect that the Dealer will do so. However, in the unlikely event that the Dealer does not honor the Dealer Guarantee, you must resolve any dispute in that regard directly with the Dealer, not with myLIVEoffer.com^TM. You understand that myLIVEoffer.com^TM does not own any vehicles shown on or through the System and that myLIVEoffer.com^TM does not make any guarantees or warranties that any specific vehicle is available or that the Dealer will sell you any specific vehicle for any specific price. YOU AGREE TO RELEASE myLIVEoffer.com^TM AND TO HOLD myLIVEoffer.com^TM HARMLESS WITH RESPECT TO ANY DISPUTES BETWEEN YOU AND THE DEALER REGARDING THE DEALER’S GUARANTEE UNLESS THERE IS AN ERROR IN THE GUARANTEE THAT IS OUR FAULT.

We do our best to make sure that the vehicle information that is displayed on myLIVEoffer.com^TM is accurate. But, vehicle information belongs to the Dealer and may be processed by a third party. Therefore, myLIVEoffer.com^TM does not make any warranty or guarantee that any information shown with respect to vehicles is accurate.  This includes, but is not limited to, information pertaining to the specifics of a vehicle, its features, specifications, trim packages, and availability.

FOR THESE REASONS, myLIVEoffer.com^TM MAKES, AND YOU RECEIVE, NO EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES FROM myLIVEoffer.com^TM OF ANY KIND ABOUT ANYTHING. FOR EXAMPLE, AND NOT TO LIMIT THE EXCLUSION OF WARRANTIES IN THE PRECEDING SENTENCE, myLIVEoffer.com^TM DOES NOT MAKE ANY WARRANTIES OR GUARANTEES THAT ANY VEHICLE INFORMATION DISPLAYED ON THE SITE IS ACCURATE, THAT THE DEALER HAS THE VEHICLE AVAILABLE FOR SALE, THAT THE DEALER WILL HONOR THE DEALER’S GUARANTEE, OR THAT THE DEALER WILL SELL YOU THE VEHICLE ON WHICH YOU MADE AN OFFER OR ANY OTHER VEHICLE.  WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability:

IN THE EVENT THAT YOU ESTABLISH IN COURT OR ANOTHER QUALIFIED FORUM THAT myLIVEoffer.com^TM IS LIABLE TO FOR YOU ANY REASON, YOU AGREE THAT THE MOST THAT YOU CAN RECOVER FROM myLIVEoffer.com^TM FOR ANYTHING IS $150.00. UNDER NO CIRCUMSTANCES WILL myLIVEoffer.com^TM BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. 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.

myLIVEoffer.com^TM Is Not Your Agent:

myLIVEoffer.com^TM is not your agent. You and myLIVEoffer.com^TM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Your Information Is Personal to You and Important:

The information that you provide to us is personal to you; it may include your personal information and may be tied to your credit card.  Your user ID is your e-mail address. You will also select a password to use with your user ID. Do not allow others to use your ID or password. You are responsible for all activity, including offer activity, taken with your ID and password. We respect your privacy, and we will protect and use your information as specified in our Privacy Policy. By using myLIVEoffer.com^TM, you agree to the terms of our Privacy Policy.

Restrictions on How You Can Use The myLIVEoffer.com^TM System:

You can only use the myLIVEoffer.com^TM System for your own legitimate, personal purposes.  You may not use any information on the System for the benefit of anyone else.

You may not use "scrapers," "bots," "spiders" or other automated means or other tools to access the Site or to harvest information from the myLIVEoffer.com^TM System. You may not host any pages or data from the myLIVEoffer.com^TM System within your website or any other. You may not frame or link to (including deep link) any pages within the myLIVEoffer.com^TM website in any other site.

You may not reproduce any information that you obtain from the myLIVEoffer.com^TM System other than for your own personal use. You may not post any information that you obtain from the myLIVEoffer.com^TM System on any other website, blog, usergroup, post, bulletin board, or other network location or in any media format.

You may not interfere or attempt to interfere with the proper working of the System or any activities conducted on the System.

We reserve the right to terminate your use of the System and cancel any offers if we believe that you are using the myLIVEoffer.com^TM System for any wrongful or fraudulent purpose or if you are violating any of the terms of this Agreement.

Copyrighted and Proprietary Information:

The myLIVEoffer.com^TM System and its underlying technology, as well as the System’s "look and feel" and layout and design, are protected by state, federal, and international laws, including without limitation copyright laws, trademark laws, and patent laws.  You cannot duplicate or recreate the System or any of its components.

Dealer Reviews:

The myLIVEoffer.com^TM System includes online forms that you can use to post reviews of Dealers. myLIVEoffer.com^TM has no control over what you say. Moreover, keep in mind that whatever you post will be available to other Users, and you might be liable to the Dealer for false or defamatory statements. You agree not to post any false, misleading, or defamatory statements or information about any Dealer or any other person or entity on the System.

Dispute Resolution:

The sole and exclusive forum for the resolution of disputes between you myLIVEoffer.com^TM shall be the state courts in and for Fairfax County, Virginia, (unless the claimant is required to bring the action in federal court, in which event the sole and exclusive forum shall be the United States District Court for the Eastern District of Virginia, Alexandria Division) and you and myLIVEoffer.com^TM irrevocably consent to personal jurisdiction and venue in those courts. In the event of litigation arising out of this Agreement, the prevailing party will entitled to an award or judgment for his/her/its reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by an arbitrator or court as costs, in addition to any other relief to which the prevailing party may be entitled, subject to the limitations contained elsewhere in this Agreement.  Any claim arising out of or related to this Agreement (including without limitation claims for breach of contract) must be brought within one year after the alleged breach or other wrongful act, regardless of whether damages were otherwise as of said time calculable. The parties waive any rights that they might otherwise have to a trial by jury. 

myLIVEoffer.com^TM and Auto Bid Systems, Inc.:

myLIVEoffer.com^TM is owned and operated by Auto Bids Systems, Inc., a Delaware corporation with its headquarters in Herndon, Virginia, which does business under the name "myLIVEoffer.com^TM."  References in this Agreement to myLIVEoffer.com^TM include Auto Bid Systems, Inc., and its shareholders, officers, directors, employees, agents, successors, and assigns, as well as the third party licensors of software and technology that is used by myLIVEoffer.com^TM.

General Issues:

The terms of this Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, as applied to contracts entered into by Virginia residents within Virginia, which contracts are to be performed entirely within Virginia.

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the System may be interfered with by numerous factors outside of our control.

If any provision of this Agreement or application to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, that provision will be amended to achieve as nearly as possible the same effect as the original provision.  The remainder of this Agreement, and each other provision hereof, shall be valid and shall be enforced to the fullest extent permitted by law.

You may not assign your rights or obligations this Agreement to anyone else without the written permission of myLIVEoffer.com^TM. myLIVEoffer.com^TM reserves the right to assign its rights and obligations to a third party.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

This Agreement including the other documents referred to above sets forth the entire understanding and agreement between the parties with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter. The parties expressly state that no information or materials aside from the terms specifically stated in this Agreement, including without limitation advertising and marketing materials, statements and representations of salespeople or other individuals, form or are otherwise a part of the basis of the parties’ bargain.