Terms and Conditions of Use

Terms and Conditions of Use

THE FOLLOWING TERMS OF USE CONSTITUTE A LEGAL AND BINDING CONTRACT BETWEEN YOU (“User”) AND SECOND DAILY LLC (“Company”) REGARDING USE OF AND ACCESS TO THE COMPANY’S WEBSITE, http://seconddaily.com (“Website”), AND THE SERVICES AND CONTENT AVAILABLE VIA THE WEBSITE (collectively, the “Service”).  BY ACCESSING, BROWSING AND/OR USING THE WEBSITE AND/OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.

NOTE: ADDITIONAL TERMS AND CONDITIONS APPLY TO USERS PURSUANT TO THE COMPANY’S AUCTION RULES (“Auction Rules”) AND THE COMPANY’S PRIVACY POLICY (“Privacy Policy”), WHICH ARE FULLY INCORPORATED HEREIN BY REFERENCE, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE AUCTION RULES AND PRIVACY POLICY.  COLLECTIVELY, THESE TERMS OF USE, THE AUCTION RULES, AND THE PRIVACY POLICY CONSTITUTE THE “USER AGREEMENT” BETWEEN USER AND COMPANY.

  1. Defined Terms. Unless otherwise defined in these Terms of Use, all capitalized words shall have the meaning set forth in the Auction Rules.
  2. Amendments. Company reserves the right, at its discretion, to amend these Terms of Use, the Auction Rules, and the Privacy Policy at any time by posting the amended terms on the Website. Any modifications shall be immediately effective at the time of posting, and your continued use of the Service after the posting of any such modifications will constitute your acceptance of the modified terms.
  3. Service. The Website and affiliated online and/or any mobile services are provided by Company as an online auction venue for Company to post Sellers’ Vehicles for Auction and for Buyers to Bid on Sellers’ Listings (“Services”). Company is not an automobile broker or dealer. Company is not involved in the actual financial Transactions between Buyers and Sellers unless the Buyer chooses to use the Buying Assistance Program (see Vehicle Buying Assistance Program section of the Terms and Conditions). Company shall host Seller’s Vehicle for Auction and Company will review pictures and information provided by Seller, and shall create an auction ad for Seller using said pictures and information provided by the Seller. Company has not and will not perform any inspection, whether personally or through a third party, of any Vehicle, and Company’s posting of an auction ad for any Vehicle does not and shall not imply that Company has or will inspect said Vehicle.  User acknowledges that Company has no control over: (i) the Sellers’ Listings, including, without limitation, quality, safety, legality, truth, or accuracy of information provided to Company; (ii) the ability of Sellers to sell items; (iii) the ability of Buyers to buy items; (vi) whether Sellers will complete a Transaction; or (v) whether Buyers will complete a Transaction. USER ASSUMES ANY AND ALL RISKS, KNOWN OR UNKNOWN, NOW EXISTING OR LATER ARISING, RELATED TO THE USE OF THE SERVICE OR WEBSITE, INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN ANY AUCTION, BIDDING, LISTING, COMPLETING TRANSACTIONS, DEALING WITH FOREIGN NATIONALS, UNDERAGE PERSONS, OR PEOPLE ACTING UNDER FALSE PRETENSE; OR THE UNAUTHORIZED OR AUTHORIZED USE OF USER’S ACCOUNT AND PASSWORD.

Company cannot guarantee the Service will be available 100% of the time. Interruptions and delays in service are unavoidable and Company disclaims any liability for damages resulting from such disruptions.  Accordingly, User uses the Service at its own risk.

Company may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.

  1. Eligibility for Use. The Service is available only to individuals who can form legally binding contracts under applicable law, who have completed the applicable User Form, and who use the Service in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. Without limiting the above, the Service is not available to minors or to any User previously removed from the Service by Company. If User does not qualify, please do not use the Service or the Website. Subject to the terms and conditions herein, User is hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Service and Website in accordance with the terms herein and the Auction Rules. Company may terminate this license at any time for any reason or no reason at all and with or without notice.
  2. User Account. Establishing a Company account gives you access to the Service. If a Company account is opened on behalf of a company, organization, or other entity, then (a) “you” or “User” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf.

You may never use another User’s account without permission from the owner of said other account. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account. You acknowledge that you provide your personal information at your own risk.

By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Company may also use your email address to send you other messages, such as changes to features of the Service, special offers and newsletters. If you do not want to receive such newsletter email messages, you may unsubscribe to such messages using the link at the bottom of the email or inform Company via contact information provided.  Your information will not intentionally be distributed to any outside company for any reason, but Company cannot and does not guarantee that your information may be made public by illegal activity attacks on Website.

  1. Listing and Selling. If User acting as a Seller lists a Vehicle and receives one or more Bids at or above the Minimum Reserve from a Buyer, such User shall complete the Transaction in accordance with the then-in-effect Auction Rules. User shall not Bid on items offered for sale by the same User (including, without limitation, through an account of another User). The closing price of the auction excludes government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law.  Company does not charge these fees, and User/Seller does not collect said fees.  All Users acknowledge and agree that Buyer is solely responsible for the payment of any such fees outside of the Transaction.
  2. User Information. User information includes any information User provides to Company or other Users, including, without limitation, information provided in connection with registration, bidding or listing processes, E-mail, or otherwise (“User Information”). User is solely responsible for User Information, and Company acts as a passive conduit for User’s online distribution and publication of User Information and has no obligation to screen or monitor User Information. Company does not guarantee the truthfulness, accuracy or reliability of any User Information, including, without limitation, any information regarding a Vehicle and/or set forth in a Listing, or endorse any opinions expressed by a User or anyone else, including, without limitation, those expressed in relation to a Vehicle or Listing. Company is not responsible for any errors or omissions in the description or photography provided to Company for use on the Website.

User represents and warrants that User Information: (i) shall not infringe any third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (ii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (iii) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (vi) shall not be obscene, contain child pornography, or be pornographic or indecent; and (v) shall not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. You are solely responsible for the User Information and you hereby agree to indemnify and hold Company and its owners, officers, agents, representatives, employees, affiliates, assigns and licensees (collectively, “Company Parties”) harmless from any and all damages (actual or consequential, direct or indirect), claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.  Furthermore, User shall not post on the Website or sell through the Website any item that, by paying to Company any fee, could subject Company to any liability or cause Company to violate any applicable law, statute, ordinance, or regulation. User grants Company a nonexclusive, worldwide, perpetual, irrevocable, royalty free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights in User Information, in any media now known or not currently known. Company retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Information for any reason or no reason at all.

  1. System Integrity. User shall not use any device, software, or routine that interferes or attempts to interfere with the proper working of the Website or any Auction or Transaction. User shall not take any action which imposes an unreasonable or disproportionately large load on the Company’s infrastructure. User shall not disclose or share User passwords or accounts with any third parties or use User passwords or accounts for any unauthorized purpose. User may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for itself using secondary user identification or third parties; leaving negative feedback for other Users using secondary user identification or third parties; or leaving negative feedback if a User fails to perform some action that is outside the scope of the Auction.
  2. Proprietary Rights. Except for User Information, the Service and all materials therein or transferred thereby (the “Company Content”), and all intellectual property rights related thereto, are the exclusive property of Company and its licensors. No license to Company Content is granted to or created hereunder for the benefit of a User. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
  3. Privacy. By using the Service, you consent to the collection, use and disclosure of your personally identifiable information as set forth in the Company’s Privacy Policy.
  4. Disputes. Should a dispute arise between a Buyer, Seller and/or other User, Company will not act as mediator between the involved parties. Resolution of disputes is the full and sole responsibility of the involved parties. User irrevocably releases Company and Company’s Parties from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  5. Links to Third Party Sites or Services. The Service may include links to the websites, content or services of third parties. Company is not responsible for the content of any links, or any products, services or other materials relating to any linked site or service, or any link contained in a linked site or service. Company does not control these third party offerings and is not responsible or liable for the content, products or services available through these offerings. The existence of links from the Service to such offerings should not be construed as an endorsement of any of the content, products or services appearing on such offering or as implying an association between Company and the operators thereof. By using these third-party websites, content or services you may be agreeing to their terms of use and privacy policies. YOU HEREBY RELEASE COMPANY AND COMPANY PARTIES from any damages that you may incur, and agree not to assert any claims against them, arising from your use of these third-party websites, content or services or from your purchase or use of any third-party provided product or service.
  6. No Warranty. COMPANY PROVIDES THE WEBSITE AND SERVICE “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS OWNERS, OFFICERS, AGENTS, REPRESENTATIVES, OR EMPLOYEES SHALL CREATE A WARRANTY, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Some states do not allow the disclaimer of certain implied warranties, so the above-mentioned disclaimer may not apply to User. This warranty gives User specific legal rights and User may also have other legal rights which vary from state to state.  The disclaimers hereunder will not apply to the extent they are prohibited by applicable law.

  1. Indemnity. User shall indemnify, defend, save, and hold harmless Company and Company Parties from and against any and all liability, loss, damage, cost, and expense, including attorney’s fees and court costs, paid or incurred by reason of: (i) any breach or claim of breach of any of User’s representations, warranties, or covenants; (ii) User’s use of the Service or Website or participation in any Auction; or (iii) any dispute between User and another User or third party. The provisions of this paragraph shall survive any termination of this Agreement, in whole or in part, for any reason whatsoever.
  2. Limit of Liability. IN NO EVENT SHALL COMPANY, COMPANY PARTIES, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEBSITE OR THE SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WHATSOEVER WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR A USER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN. COMPANY IS IN NO WAY WHATSOEVER LIABLE FOR ANY DAMAGES, INJURY TO OTHERS, PERSONAL INJURY, LOSS OF LIFE, OR ANY OTHER RESULTING OUTCOME RELATED TO OR ASSOCIATED WITH THE USE OF THE SERVICE BY USERS, INCLUDING, WITHOUT LIMITATION, THE POSTING OF VEHICLES FOR AUCTION ON THE WEBSITE, OR THE SALE, PURCHASE, AND USE OF VEHICLES.

IN NO EVENT WHATSOEVER SHALL THE LIABILITY OF COMPANY, COMPANY PARTIES, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEBSITE OR THE SERVICE, TO USER EXCEED THE TOTAL FEES USER PAID TO COMPANY BY THE USER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.  Some states do not allow the limitation of liability, so the above-mentioned limitation may not apply to User.

COMPANY CANNOT, DOES NOT AND WILL NOT GUARANTEE ANYTHING ASSOCIATED WITH SERVICE IN GENERAL, INCLUDING BUT NOT LIMITED TO CONDITION OF VEHICLE OR TIMELINESS OF TRANSACTIONS.  COMPANY HAS NO LIABILITY FOR VEHICLE BEING AUCTIONED OR PURCHASED, EITHER BEFORE, DURING, OR AFTER PURCHASE FOR ANY REASON WHATSOVER.  BY USING SERVICE, YOU AGREE TO WAIVE ALL LIABILITY FOR ANYTHING RELATED TO SERVICE, COMPANY, OR VEHCILE PURCHASED USING SERVICE.

  1. General Compliance with Laws. User shall comply with all applicable laws, statutes, ordinances, and regulations regarding User use of this Website, Service, and User’s Bidding on, Listing, purchase, and sale of Vehicle.
  2. Notices. Except as explicitly stated otherwise, any notices shall be given by e-mail to administration at Company (in the case of Company) or to the e-mail address User provides to Company during the registration process (in User case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Company may give User notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
  3. Class Action/Waiver of Jury Trial. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. You agree that, by entering into the User Agreement, and to the extent permitted by applicable law, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
  4. Expiration of Claims. You hereby acknowledge and agree that any claim or cause of action you may have with respect to the Company or Service must be commenced within one (1) year after the claim or cause of action arose.
  5. Claims of Intellectual Property Infringement. Company respects the intellectual property rights of others. If you believe that any content available via the Service may infringe your copyrights or other intellectual property rights, please provide Company with the following written information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • A description of the intellectual property right that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Service;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Please direct such notice to the following contact:

 

Email: support@seconddaily.com

Please note that this procedure is exclusively for notifying Company that your intellectual property rights have been infringed. Please be advised that Company enforces a policy that provides for the termination in appropriate circumstances of Users who are repeat infringers.

  1. Governing Law/Arbitration. The User Agreement shall be deemed made and entered into in the State of Tennessee and shall be governed and construed under and in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the User Agreement or your use of the Service shall be submitted to and resolved only by binding arbitration instead of litigation. Both parties agree to share equally in the entire cost of conducting the arbitration, including the fees of the Arbitrator. The Federal Arbitration Act and federal arbitration law apply to arbitration under these Terms of Use. The parties agree that a party will bring all claims in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither party will be entitled to join or consolidate claims in arbitration. The arbitration shall be held only in Hamilton County, Tennessee. Except as expressly provided herein, the arbitration shall be conducted in accordance with applicable rules and procedures established by the American Arbitration Association. One arbitrator shall be appointed in accordance with the Arbitration Rules (the “Arbitrator”). Any result reached by the Arbitrator shall be final and binding on all parties to the arbitration, and no appeal may be taken. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered thereupon by any court having jurisdiction.
  2. General. The User Agreement represents the complete and final agreement between the parties and supersedes any and all prior oral or written agreements in their entirety between User and Company regarding the subject matter of the User Agreement. The parties covenant and agree that if either party fails or neglects for any reason to take advantage of any of the terms provided for here, any such failure or neglect by either party shall not be a waiver of any of the terms, covenants, or conditions of the User Agreement or of the performance. None of the terms, covenants, and conditions of the User Agreement can be waived by either party except by its written consent. The User Agreement does not constitute any party the agent of the other or create a partnership or joint venture between the parties, and no party shall have power to bind any other party in any way. If any word, sentence, paragraph, clause, or a combination in the User Agreement is found by a court or executive body with judicial powers having jurisdiction over the User Agreement or any of the parties, in a final and unappealable order, to be in violation of any law, such words, sentences, paragraph, clauses, or combinations shall be inoperative and the remainder of the User Agreement shall remain binding upon the parties. COMPANY HAS NO LIABILITY OF CONTENTS OR CONDITION OF VEHICLE, BEFORE, DURING, OR AFTER PURCHASE. COMPANY CANNOT, DOES NOT AND WILL NOT GUARANTEE THE QUALITY OF OR WARRANTY THE VEHICLE BEING BOUGHT OR SOLD.

Auction Rules

  1. Conflict. In the event of any conflict between the Terms of Use or Privacy Policy and the Auction Rules, these Auction Rules will control.
  2. Definitions. Unless otherwise defined in these Auction Rules, all capitalized words shall have the meaning set forth in the Terms of Use. The following terms used herein are defined as follows:

“Auction” means the online auction event held on the Website pertaining to a Seller’s Listing.

“Bid” means a bid submitted by Buyer to an Auction.

“Buyer” means an individual or entity that creates an account on the Website and places a bid on an Auction (regardless of such User’s purpose for creating the account and whether or not the bid is a winning bid).

“Listing” means the listing of a Vehicle for Auction, and includes Seller-generated content and material regarding the Vehicle.

“Seller” means an individual or entity that creates an account on the Website and submits a Listing for Auction and that listing is approved by Company.

“Transaction” means the sale transaction of a Vehicle between Buyer and Seller.

“Vehicle” means the applicable vehicle listed by Seller for Auction.

  1. Seller Obligations.

(a) Minimum Reserve.  In some cases, a Reserve Price may be set.  If so, prior to Company’s publication of the Listing, Seller agrees to agree to a final set price with Company, a reserve amount indicating the minimum price at which the Seller will make a sale of the Vehicle (the “Minimum Reserve”). Seller reserves the right to reduce or waive (but not increase) the Minimum Reserve during the Auction by notifying the Company of such change via email.

(b) Fees to Company.  Seller agrees to pay Company the fees and expenses for each Auction as set forth in Company’s pricing and payment terms  (“Pricing and Payment Terms”), which may be updated by Company from time to time.  Seller fees only include a cancellation charge if circumstances arise warranting said Seller fee as outlined in the Cancellation section of the Terms and Conditions and Pricing and Payment Terms.

(c) Cancellation. Sellers are not authorized to cancel an Auction after the scheduled start of said Auction.  If Seller must cancel an Auction before it expires for any reason, Company shall be notified in writing by Seller (electronic or otherwise) detailing reason(s) for cancellation.  If an Auction is cancelled by Seller at any time prior to the Auction’s expiration, Seller will be charged the Auction cancellation fee as set forth in Company’s Pricing and Payment Terms, wherein said fee will be paid to Company by Seller. Additionally, Seller will not be allowed to participate in any future auctions for a period up to and possibly extending beyond 12-months from cancellation date.  It is the right of the Company to review cancellation reasons and it is the Company’s discretion as to whether reasons are valid, and whether Seller may participate in future auctions. If Seller, for any reason not due to Buyer’s fault, fails to finalize the Transaction with a Buyer who submits the winning Bid at Auction, Seller will be charged the Auction cancellation fee as set forth in Company’s Pricing and Payment Terms, which fee will be paid to Company.

(d) Restriction on Listing.  SELLER HEREBY ACKNOWLEDGES AND AGREES THAT DURING THE PERIOD OF TIME COMMENCING WITH SELLER’S INITIAL SUBMISSION OF A VEHICLE TO COMPANY FOR AUCTION AND EXPIRING UPON THE EARLIER OF, (I) THE COMPANY’S REJECTION OF THE VEHICLE FOR AUCTION, OR (II) THE CLOSE OF AUCTION, SELLER MAY NOT LIST, POST OR OTHERWISE ADVERTISE FOR SALE THE APPLICABLE VEHICLE BY ANY OTHER MEANS.

(e) Proper Identification of Person and Proof Of Ownership. If a submitted vehicle is accepted for auction, the Seller must provide proof of ownership of said vehicle by providing a copy/image of the vehicle title, showing owner’s name, address, and VIN along with a photocopy/image of proper identification from a legal Driver’s license or Passport information.

  1. Buyer Obligations.

(a)  Bid.  Buyer acknowledges and agrees that (i) each Bid submitted is a legally binding obligation of Buyer, (ii) Buyer will pay the total amount of the final winning Bid to the Seller within 7 days of Auction close, and (iii) Buyer will be charged the Buyer’s Premium as set forth in the Company’s Pricing and Payment Terms immediately at the time of Auction close.  Buyer acknowledges and agrees that the Buyer’s Premium constitutes consideration for Buyer’s use of the Service and is non-reimbursable to Buyer.

(b) Fees to Company.  Buyer agrees to pay Company the fees and expenses as set forth in Company’s Pricing and Payment Terms , which may be updated by Company from time to time.

Pricing and Payment Terms

The following are the pricing and payment terms set forth by Company as of the release date.

  1. Buyer Fees – Upon placing a bid for the first time on a given vehicle being auctioned, an authorization charge in the amount of $350 will be placed on Buyer’s credit card Company has on file, as this represents the absolute minimum Buyer’s Premium possible. If bidder does not win the auction, this authorization amount will be released and thus not charged to Buyer’s credit card. Upon winning an auction, a fee (known as the Buyer’s Premium) in the amount of $350 or 5% of the final bid price (whichever is more) will be charged by Company to the Buyer, and it is the Buyer’s responsibility to pay said fee to Company at auction close.  Buyer acknowledges and agrees that the Buyer’s Premium constitutes consideration for Buyer’s use of the Service and is non-reimbursable to Buyer.  If Buyer does not fulfill their obligation to the Seller, the Buyer’s Premium fee is still charged to the Buyer.  That is to say, this amount charged to Buyer is payable to Company irrespective of Buyer completing the transaction with the Seller, with the exception being a Seller fails to meet Seller obligations.  Cases will be reviewed case by case and it is possible that Company could refund this amount if they choose to do so.
  2. Seller Fees – No fees are charged to Seller by Company, with the exception of a Seller cancelling the auction. If a seller cancels an auction as per outlined in the Terms and Conditions, Company will charge Seller a cancellation fee in the amount of $300 to cover expenses associated with preparing said auction and usage of services including providing Seller with vehicle exposure from auction start to auction cancellation. Cases will be reviewed case by case and it is possible that Company could refund this amount if they choose to do so.

Privacy Policy

Company will not share your information with anyone.  It is possible that hosting services Company uses for all Services could be attacked or compromised in some way, and your information collected from this event.  Company is in no way responsible for such an attack and cannot and will not be held liable for any damages you may incur as a result of such an attack.  Company cannot and does not guarantee against such a compromise.  By using Company Services and sharing your information with Company, you hereby agree to that limited liability and in no way will attempt to or hold Company liable for any damages incurred as a result of your information being obtained or used.

By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Company may also use your email address to send you other messages, such as changes to features of the Service, special offers and newsletters. If you do not want to receive such newsletter email messages, you may unsubscribe to such messages using the link at the bottom of the email or inform Company via contact information provided.  Your information will not intentionally be distributed to any outside company for any reason, but Company cannot and does not guarantee that your information may be made public by illegal activity attacks on Website.

This Privacy Policy applies only to information collected online and does not apply to information Company collects by other means (including offline) or from sources other than through the Service. By accessing our website or using the Service, you consent to the practices described in this Privacy Policy. Your continued use of the Site indicates you agree to this policy.

Vehicle Buying Assistance Program

  • Program – The Vehicle Buying Assistance Program (“Program”) is a voluntary program offered by Company to aid in the closing transaction of a winning auction for both Buyer and Seller. The Buyer may opt into this program simply by informing Company they wish to use the program.
  • Requirements – This program is voluntary and therefore not required. If Buyer chooses to use this Program they are hereby agreeing to all the terms and conditions within this document. If they do not use the service, Buyer is responsible for payment to Seller per Auction Rule guidelines.
    1. Buyer – If Buyer uses Program, they are required to send winning bid amount payment to Company via wire transfer..
    2. Seller – Seller is required to legally prepare the title and bill of sale (if applicable) in Buyer’s name, signed accordingly (and co-signed if applicable) and send with tracking and signature confirmation information to Buyer once Company notifies Seller that Buyer funds have been received. Tracking number(s) are to also be sent to Company for verification.
  • Monies – Payment from Buyer is held in Company Banking Account until Company receives confirmation of Seller sending packet and subsequently Buyer receiving packet. Money is released to Seller when Company receives confirmation that the requested packet has been received at Buyer’s contact information.
  • Fees – There are no fees paid to Company for Program. Fees associated with wire transfers may be assessed by Buyer’s and/or Seller’s financial institution but it is not the responsibility of Company to collect fees.
  • Program Rules – If Buyer chooses to use Program, funds will be wired to Company using Financial Information that Company will send to Buyer via electronic communication. This information is not to be used for any other purposes. Buyer’s financial information will not be used for any other purposes. Company will wire funds to Seller per Program guidelines.
  • Disclaimers – This program is voluntary and is a courtesy to the Buyer and Seller and is not serving as a legal procedure or legal arbiter between those parties.  Second Daily is not a brokering agency, and funds are withheld from Seller only until we receive confirmation the supposed title-containing packet was delivered to the Buyer or 24 hours has elapsed from the time the Buyer receives the package.  Second Daily does not wait for the Buyer to receive the vehicle and/or register it prior to sending funds to the Seller. Company cannot, does not and will not guarantee anything associated with Program or Service in general, including but not limited to proper contents and signage of title and bill of sale (if applicable) sent from Seller, condition of contents sent from Seller, condition of vehicle or timeliness of transactions. Company has no liability of contents of packet or vehicle, before, during, or after purchase. Company makes no guarantees beyond the guarantees of Company’s financial institution of the security of Monies paid, meaning Company guarantees Company will send the money to the Seller, Company also guarantees that money is in no way a part of Company funds, but Company cannot guarantee beyond the FDIC the security of monies held in a financial institution.  Company cannot, does not and will not guarantee or warranty the vehicle being bought or sold.

You may request of a copy of this policy by contacting us.