TERMS AND CONDITIONS OF USE
What is Marqued?
Marqued connects those offering cars for sale (“Sellers”) and those looking to acquire cars (“Bidders”). The Services act as a meeting place only; the actual contract for sale for each car listed on the Services is directly between the Seller and the winning Bidder (the “Buyer”).
When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is a Seller, Bidder, other registered user or unregistered user, while if we use one of those specific terms, it only applies to that category of user.
Marqued is a platform for connecting Sellers and Bidders and is not responsible for the quality or accuracy of any vehicle or information any Bidder or Seller provides on the platform.
PDI IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE WEBSITE OR UTILIZING THE SERVICES. PDI HAS NOT EVER: (I) HELD TITLE FOR ANY VEHICLE LISTED ON THE WEBSITE, (2) INSPECTED ANY VEHICLE LISTED ON THE WEBSITE OR (3) HAD ANY VEHICLES LISTED ON THE WEBSITE IN ITS LEGAL POSSESSION.
The Website and Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Website or Services or provide information to us.
By accessing or using the Website and/or Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Website and/or Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Website and/or Services.
You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account and must promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users.
You represent and warrant that (a) the user details you provide are truthful, (b) if applicable, the profile image you provide depicts only yourself and no others, and (c) you own the necessary rights to provide the user details and profile image, as well as to grant the rights of use as set forth in the next paragraph, and (d) you are not infringing any privacy right by providing and using the user details and profile image.
You hereby grant PDI the right to (1) use your user details and profile image (if applicable) in connection with the presentation of your user profile, which you acknowledge is visible to other users, and (2) transfer your user details and profile image to other PDI entities or to other third parties that are engaged by PDI or other PDI entities for purposes of providing the Website and its functions.
It is free to use the Website but certain aspects of the Services will require that you pay us fees (as set forth below). If you decide to use these paid aspects of the Services, you agree to the terms set forth below, as we may amend them from time to time. We reserve the right to charge for certain or all Services in the future. We will notify you before any Services (other than those set forth below) you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
- Seller’s Fee -- There is a $99 fee to list a vehicle for sale.
- Buyer’s Fee -- If you are the winning bidder for a car, you shall pay us a fee (a “Buyer’s Fee”) equal to 5% of the winning bid amount. Notwithstanding the foregoing, for each winning bid utilizing the Services, the minimum Buyer’s Fee is $250 and the maximum Buyer’s Fee is $5,000. All Buyer’s Fees are non-refundable. When you place a bid on a vehicle, we will place a hold on your credit card in an amount equal to that fee. We will remove all such holds (except the hold on the winning Bidder’s credit card) after the auction is completed. The hold on the winning Bidder’s credit card will be charged as payment for the Buyer’s Fee immediately after the auction listing ends
You must pay all fees and applicable taxes associated with use of our Services by the payment due date (including, without limitation, any fees incurred in connection with the use of our third party payment processor, Adyen). Adyen’s terms of service can be found here.
All information that you provide in connection with a purchase must be accurate, complete, and current. You agree to pay all charges incurred by any use of your credit card, debit card, or other payment method in connection with a sale/purchase on the Website at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes, if any, relating to any sale/purchase.
All purchases made from using the Website and/or Services are between the applicable Buyer and Seller; for that reason, in the event you seek a refund related to a purchase or have any questions regarding your purchase, you must directly contact the applicable Seller.
How the Auction Works
- Reserve and Publication
In order to use the Services to list a vehicle, a Seller is required to indicate whether there is a minimum price at which the Seller is willing to consider a sale to a Bidder (the “Reserve”) or whether no such minimum bid is required (“No Reserve”). A Seller may reduce or waive a Reserve during the auction by notifying Marqued of such change via email or, if available, Marqued’s web-based notification tools made available to Seller. PDI will only approve a listing for publication on the Website once a Seller has either selected a Reserve or selected “No Reserve” for the applicable listing.
- Seller Acknowledgment
If a user submits a vehicle for sale on the Website, and we accept such vehicle, then user is considered a “Seller” on the Website. As a Seller, you are responsible in all respects for the Content you submit and any other information related to any vehicle you offer for sale. You are also fully responsible in all respects for consummating the transaction with the applicable winning Bidder in accordance with the Agreement.
SELLER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE ON OR THROUGH THE SERVICES, SUCH SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE VEHICLE ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT AT ANY TIME FOLLOWING PUBLICATION, SELLER’S LISTING MAY BE REMOVED BY PDI (IN OUR SOLE DISCRETION).
- Bidder Acknowledgment
Each Bidder acknowledges and agrees that each bid submitted is binding and if it is the winning bid, such amount plus any applicable fees are due and payable in accordance with the Agreement, and (ii) Bidder is responsible for all applicable government fees and taxes for such purchase. If you decide to bid on a vehicle that has been listed by a Seller on the Website, you acknowledge and agree that your bid constitutes the first step in expressing your interest to a Seller in the listed vehicle, but it does not in and of itself create a formal contract between you as the Buyer and such Seller. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a formal contract. This contracting is outside of the scope of this Agreement and the Services. Buyer’s responsibility for any shipping or delivery fees shall be set forth in the formal agreement between the applicable Seller and Buyer.
You as Bidder acknowledge and agree that PDI does not inspect any vehicle offered for sale and bears no risk associated with purchasing a vehicle from a Seller listed on the Website.
- If Reserve Not Met
Following the close of an auction, if no bid has met the Seller’s Reserve, Marqued may (but is not required to) contact via email (i) the Seller, to see if he/she is interested in accepting the highest bid though it’s below the Reserve and/or (ii) the highest Bidder, to see if he/she is interested in increasing their bid to make it more attractive to the Seller. The Seller and Bidder are not obligated to accept any such offer. If the offer is agreed upon by both Seller and Bidder, the auction will proceed in the same manner as if the Reserve had been met (or there was no Reserve at all). Further, in the event that no bid has met the Seller's Reserve, Marqued may, in its sole discretion, offer to pay to the Seller a separate amount to make up the difference between the Reserve and the highest bid (the "Make Whole Amount"), as an incentive to the Seller to complete the transaction.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE OFFERING OR PROVISION OF ANY MAKE WHOLE AMOUNT IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE MARQUED A PARTY TO SALE OF THE SELLER’S APPLICABLE VEHICLE OR OTHER TRANSACTION BETWEEN THE SELLER AND BUYER.
Content shall include any user-generated content you create while using the Website and Services. By using our Website and Services and creating Content, you expressly grant PDI an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Content along with your user profile, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else.
You also permit any user to access, display, view, store, and reproduce your Content as posted on this Website for personal use only.
- You are solely responsible for your conduct while accessing or using our Services, and you will not:
- Violate any applicable law, contract, intellectual property or other third-party right or commit a tort;
- Engage in any abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and PDI;
- Use our Services in any manner that could interfere with, disrupt, spam, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access or tamper with any feature, content or area of our Services that you are not authorized to access, which includes any attempt to probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
- Violate any additional rules or restrictions posted within any Services that apply to your conduct within such Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Sell, rent or purchase account interactions (such as selling, renting or purchasing followers, re-sharing a post, likes, etc.)
- Sell, trade or transfer, or offer to sell, trade or transfer, your account, your personal license to use and access the Services, any Virtual Items (including without limitation any virtual currency), or any other in-game benefits, achievements or status associated with your account or which are otherwise available to you through the Services, in any manner whatsoever, unless expressly authorized in writing by PDI;
- Engage in, attempt to engage in, or encourage or promote any activity that is determined by PDI to be associated with cheating, hacking, fraud, modifying or manipulating the Services, obtaining an unfair advantage within the Services, or otherwise using the Services in any manner other than for their intended purposes, including, without limitation, leveraging any bugs, program errors, or exploits in the Services in connection with any of the foregoing;
- Use, develop, provide, sell, distribute, or otherwise make available any software, technologies, tools, or other materials (including without limitation any bots, hacks, mods, add-ons, worms, cheats, or malware) that are determined by PDI to be associated with cheating, hacking, fraud, modifying or manipulating the Services, obtaining an unfair advantage within the Services, or otherwise using the Services in any manner other than for their intended purposes or that is unauthorized;
- Use any data mining, scraping, robots or similar data gathering or extraction methods
- Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, discriminatory, indecent, lewd, suggestive, harassing, bullying, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Includes content that directly attacks, threatens, or incites harm against other people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, disabilities or diseases;
- Would constitute, encourage or provide instructions for a criminal offense, promote self-injury or suicide, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences or are otherwise false or misleading;
- Contains multiple unrelated updates to a topic using a hashtag (#) or other similar search mechanism, trending or popular topic, or promoted trend;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, malware, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose PDI or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor Content, we may delete or remove Content at any time and for any reason.
Dr. Ing. h.c. F. Porsche AG (“PAG”) is the owner of numerous trademarks, both registered and unregistered, including, without limitation, Marqued/MARQUED, the Porsche Crest®, Porsche®, and the model numbers and names and the distinctive shapes of the Porsche automobiles (collectively “Marks”). You are prohibited from using any of the Marks appearing on this Website without the express prior written consent of PAG, except as permitted by applicable laws. Other marks and logos shown on this Website may be marks owned by third parties not affiliated with PDI and are used with permission. Nothing shown on this Website should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this Website without the written permission of PAG or the third party owner. All text, images, and other content in this Website are protected by copyright. No part of this Website may be reproduced in any form or by any means without prior written permission of PDI.
Sound effects obtained from https://www.zapsplat.com
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the information required pursuant to 17 U.S.C 512(c)(3).
You can contact our Copyright Agent via email at email@example.com or by mail at Copyright Agent, c/o Intellectual Property Manager, One Porsche Drive, Atlanta, GA 30354.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND PDI HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PDI DOES NOT GUARANTEE THAT THE WEBSITE, THE SERVICES OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitations of Liability
YOU HEREBY ACKNOWLEDGE THAT PDI DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR THE CARS BEING OFFERED FOR SALE ON THE WEBSITE AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE CARS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
Modification/Termination of this Website
PDI may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this Website, or any portion thereof; (2) change, revise, or modify this Website, the Content, or any portion thereof; (3) interrupt the operation of this Website, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain features and services, or restrict your access to parts of or the entire Website; and/or (5)terminate the authorization, rights, and licenses granted herein.
International Use/Compliance With Laws
This Website is controlled, operated, and administered from offices within the United States of America. We make no representation that this Website or the Content is appropriate or available for use at other locations outside of the United States. You may not use or export this Website or the Content in violation of U.S. export laws and regulations. If you access this Website from locations outside of the United States of America, you are responsible for compliance with all applicable laws and regulations.
- Porsche Digital, Inc.
- Attn: Legal Department
- One Porsche Drive
- Atlanta, GA 30354
- Email: firstname.lastname@example.org
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
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