Marqued

TERMS AND CONDITIONS OF USE

This Marqued/MARQUED website (the “Website”) is owned and operated by Porsche Digital, Inc. (“PDI”). These Terms and Conditions of Use (“Terms of Use” or the “Agreement”) apply only to this Website and the services contained therein (collectively, our “Services”).  These Terms of Use are a legal and binding agreement between you and PDI governing your use of this Website and our Services, which includes its content, information, services, and features.

BY DOWNLOADING OR USING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THIS APP.

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.

Privacy

We will use and share personal information to connect winning bidders with sellers on the Website, both directly with those persons and with our service providers who facilitate the Services provided hereunder. For further information regarding our privacy practices, please review our Privacy Notice located here (the “Privacy Policy”), which is incorporated herein and also governs your use of this Website.

Modification of Terms of Use

PDI reserves the right at any time to update, change, modify, or revise these Terms of Use. Any changes will become effective upon posting to this Website, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms of Use.  Your continued access to and/or use of this Website after any such changes constitutes your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates.

Eligibility

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.

User Account

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.

In connection with the use of the App, certain data—potentially also personal data—including the user details and your profile image, if any, will be collected in order to provide the App’s functions to you and to other users. For these purposes, such data may also be transferred to other PDI entities and other third parties that are engaged by PDI in this context. Please see the Privacy Policy for more information about your personal data.

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 App and its functions.

Fees

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).

THE PARTIES ACKNOWLEDGE AND AGREE THAT THE OFFERING 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; Restrictions

This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the "Content") are owned by or licensed to PDI and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms of Use, PDI grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content.

Content shall include any user-generated content you create while using the App and Services. By using our App 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 App for personal use only.

You agree to use this App, the Services and the Content in accordance with these Terms of Use and all applicable laws and regulations. Porsche may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable law.

Community Guidelines

  • 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.

Trademarks

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. 

License

The Services are licensed to you, not sold. PDI grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the Services to which you have access for your non-commercial use, subject to your compliance with these Terms of Use. You may not access, copy, modify or distribute any Service or Content, unless expressly authorized by PDI or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the App or Services, unless expressly authorized by PDI or permitted by law. PDI and/or its licensors own and reserve all other rights, including all right, title and interest in the Website and Services and associated intellectual property rights.

Copyright Policy

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 laura.malone@porsche.us 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.

No Warranties

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

IN NO EVENT SHALL PDI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, OR THESE TERMS OF USE, WHETHER OR NOT PDI MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

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.

Electronic Communications

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Links

PDI may include links from this Website to other third-party websites, applications, and social media platforms (“Linked Sites”). Linked Sites are provided only for your convenience. Please read the terms and the privacy policy applicable to any Linked Sites that you visit, as visiting any Linked Site is at your own risk. PDI has no responsibility or liability for any Linked Sites, and does not endorse any such sites or the privacy practices, or products or services offered on any such site.

Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any communication or material you submit through the Website or otherwise to PDI (including feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) (“Submissions”) will be treated as non-confidential and non-proprietary. All Submissions may be used by PDI any purpose, without compensation, restrictions on use, acknowledgment of source, accountability, or liability.

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 App; and/or (5)terminate the authorization, rights, and licenses granted herein.

Governing Law/Venue

This Website, the Services and these Terms of Use are governed by and subject to the laws of the State of Georgia, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in the County of Fulton, Georgia for any disputes arising out of these Terms of Use or the App. Notwithstanding this provision, you agree that PDI may apply for injunctive or other equitable relief in any court of competent jurisdiction.

Dispute Resolution

In the event a dispute arises between you and PDI arising from or in connection with this Website,  the Content, and/or these Terms of Use (a “Claim”), we want to provide you with an efficient, neutral, and cost-effective means of resolving the dispute. Excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (1) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

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.

General Provisions

All or any of PDI’s rights and obligations hereunder may be assigned to a subsequent owner or operator of this Website in a merger, acquisition or sale of all or substantially all of PDI’s assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. PDI’s failure to act with respect to a breach by you or others does not waive PDI’s right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by PDI hereof shall be deemed effective unless delivered in a writing signed by a duly appointed officer of PDI. These Terms of Use, together with our Privacy Policy, constitute the entire agreement between PDI and you with respect to your use of this Website and the Content and supersede all previous written or oral agreements between PDI and you with respect to such subject matter.

Notices

All questions and notices relating to this Website and these Terms of Use should be sent as follows:

  • Porsche Digital, Inc.
  • Attn: Legal Department
  • One Porsche Drive
  • Atlanta, GA 30354
  • Email: support@marqued.com
  • 1-800-Porsche

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.

Last Updated

Terms of Use last updated in November 2021.

Copyright © 2021 Porsche Digital, Inc. All rights reserved.

About Us

Terms & Conditions

Privacy Policy

Do Not Sell My Personal Information

Account not verified. Please check your email and verify your account before you continue.
Didn’t receive it?