PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.  By using www.kiss-auction.com or www.kissautoacution.com (the "Website"), you agree to be bound by these Terms and Conditions of Use ("Terms and Conditions").  If you do not agree to these Terms and Conditions, you may not access or use the Website or Services, which are further described below, and should immediately cease use.  We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time.  Any modifications shall be effective immediately upon notice, which may be accomplished by posting the modified Terms and Conditions on the Website or via e-mail.  Your use of the Website and/or Services following notice shall be deemed your acceptance of modifications.  Continued access and use of the Website and/or Services shall be deemed your conclusive acceptance of the modified agreement.  You should check the Terms and Conditions periodically for changes, regardless of whether you have reviewed them.  These Terms and Conditions shall apply to all future owners, successors and assigns of KISS.

BY CLICKING THE ACCEPTANCE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, OR USING THE WEBSITE OR SOFTWARE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT WITH KISS AUCTION, LLC ("KISS"), YOU AGREE TO THE PRIVACY POLICY, AND YOU CONSENT TO JURISDICTION IN THE STATE OF MICHIGAN FOR ANY DISPUTE.  IF YOU DO NOT AGREE TO THIS AGREEMENT CLICK THE "DECLINE" OR "CANCEL" BUTTON AND DO NOT INSTALL OR USE THE WEBSITE OR SOFTWARE.

As a User of the Website, whether as a seller or buyer of a vehicle, You agree to the following Terms and Conditions:
Introduction

Welcome to Kiss Auction LLC.  The Terms and Conditions set forth the agreement  (“Agreement”) between Kiss Auction, LLC, together with any and all affiliates and subsidiaries, and any person or entity that directly or indirectly controls, is controlled by, or is under common control of Kiss Auction, LLC, whether by ownership means or otherwise, (collectively, "KISS") and each user, buyer, or seller (collectively, "you" or "user").  The Terms and Conditions govern the use by you of this Website.  KISS and this Website are designed to provide users with information related to vehicles, the ability to post and/or sell a vehicle, the ability to bid and/or purchase a vehicle, and other related information. 

Scope and General Information

By using this Website, you acknowledge and agree to be legally bound and to abide by the Terms and Conditions.  If you do not comply with the Terms and Conditions, KISS reserves the right, if applicable, to terminate your related user account and/or access to this Website or any part thereof.  By not complying with the Terms and Conditions, you acknowledge and agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar further access to the Website, user account, and related information and files.  Further, you agree that KISS shall not be liable to you or any third-party for any termination, cancellation, or denial of your access to or use of our Website or user account. 

When you receive a user account for our Website, subscribe and/or utilize one of our services, or perform similar activities, you must provide us with the requested information, which must be current, complete, and accurate information, as prompted by the applicable inquiry form.  You acknowledge that by providing any information to KISS that is untrue, inaccurate, not current, or incomplete, KISS reserves the right to terminate your continued access, use of the Website, Services, and user account.

You agree to:  maintain all equipment required for your access and use of the Website; maintain the security and confidentiality and other confidential information relating to your user account; and to be accountable for all charges and/or activities resulting from access and use of the Website and/or your user account, including unauthorized use prior to your notification of unauthorized use to KISS as well as prevention of further occurrences of unauthorized use by changing your access information.  You are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your user account.  You agree to notify KISS immediately of any unauthorized use of your account or any other breach of security.  KISS will not be responsible for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.  You may be held liable for any losses incurred by KISS or another party due to someone else using your account.

Limited License; Use of Website and Services

KISS grants to you a limited, non-exclusive, non-transferable right and license to access the Website and to use the services provided thereon.  KISS services ("Services") shall include, without limitation, providing users with information related to vehicles, the ability to post and/or sell a vehicle, the ability to bid and/or purchase a vehicle, and other related information.  

Eligibility Requirements

The use of this Website is available only to individuals who can form legally binding contracts under the applicable law.  Without limiting the foregoing, the Services are not available to minors or to temporarily or indefinitely suspended users of the Website.   You must be 18 years of age to use this Website.  If you do not qualify, please do not use the Services.  In addition, your KISS account and user ID may not be transferred or sold to another party.  If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

User Regulations

You agree to use this Website only for lawful purposes and that you are responsible for your use and communication on the Website.  You are prohibited from posting or transmitting on or through this Website, including, but not limited to, any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, indecent, offensive, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, without limitation, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, infringes another’s intellectual property rights, or violates any local, state, national, or international law.

Further, in connection with your use of the Website, you acknowledge and agree that you will not access the Website by any means other than through the standard, industry-accepted or KISS -provided interfaces.  You acknowledge and agree that you will not impersonate any person or entity, including without limitation, a KISS official or someone of similar position or falsely state or otherwise misrepresent your affiliation with a person or entity.  You acknowledge and agree that you will not use the Website or the Services in a manner that adversely affects the normal operation or the availability of its resources to other users or any other user’s use and enjoyment of the Website or use the Website or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions.  You may not use the Website or the Services in any manner that could damage, disable, overburden, or impair KISS servers or networks or interfere with any other user's use and enjoyment of the Website and/or Services.  You acknowledge and agree that you may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services.  You acknowledge that you will not inquire or attempt to inquire, provide or attempt to provide, register or attempt to register, subscribe or attempt to subscribe any party to the Website or for any KISS product or Service if you are not expressly authorized by the party to do so. 

You acknowledge and agree that you will not copy, reverse engineer, reverse assemble, otherwise attempt to discover source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, commercially exploit, or transfer or sell any information, software, products, or Services obtained through the Website.  You acknowledge that you will not infringe, upload, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.  You acknowledge and agree that you will not manipulate or otherwise display the Website and/or Services by using framing or similar navigational technology.   

If KISS is notified of allegedly infringing, defamatory, damaging, illegal, or offensive conduct by you, KISS may temporarily deactivate the user's account, investigate the allegation, if applicable, remove any allegedly infringing, defamatory, damaging, illegal, or offensive language or image, and determine in its sole discretion whether to permanently remove the user from access to the Website and to deactivate the user's account.  Further, KISS may disclose any content or communication of any kind:  (1) to satisfy any law, regulation, or administrative or governmental request; (2) if the disclosure is necessary or appropriate, to operate the Website; or (3) to protect the rights or property of KISS, its users, or providers. 

KISS reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to its users, the Website, or any rights of KISS or any third party, or that may violate any applicable law.  Notwithstanding the foregoing, neither KISS nor its providers can prompt removal of questionable content after online posting.  Accordingly, neither KISS nor its providers shall assume liability for any action or inaction with respect to its users and/or conduct, communication, or content posted by its users or any third party. 

User Verification

KISS utilizes many techniques to identify our users when they register on the Website.  However, because user verification on the Internet is difficult, KISS cannot and does not confirm each user's purported identity.  KISS encourages you to communicate directly with potential trading partners through the tools available on the Website.  You may also wish to consider using a third party escrow service or services that provide additional user verification.  KISS reserves the right to contact you directly by any and all means of communication that you leave to us at the time of registration.

Online Venue

KISS provides an online Venue.  KISS is not an Auctioneer.  Although KISS may be commonly referred to as an online auction web site, it is important to realize that KISS is not a traditional "auctioneer." Instead, the Website acts as a venue to allow anyone to offer (by placing a listing), sell (by bidding on a listing), and buy, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style bidding format.  KISS is not involved in the actual transaction between buyers and sellers.  As a result, KISS has no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.  KISS cannot and does not ensure that a buyer or seller will actually honor a transaction partially or completely.
Fees/Method of Payment

The current fees are as follows:

  • There is a one-time sign up fee of $300 and a renewal fee of $200 annually.
  • For all vehicles sold at or over $5000, there is a $100 fee for the buyer and a $100 fee for the seller.
  • For all vehicles sold below $5000, there is a $50 fee for the buyer and a $50 fee for the seller.
  • There is a $25 fee per vehicle posting fee when posting from "The Lot" to the "Auction" if you are not subscribed to the KISS unlimited plan.  The KISS unlimited plan is $200 per month and allows for unlimited postings.
  • Late Fees - A late fee of $50 per unit will be assessed for vehicles that are not paid for by 10 a.m. the next business day and an additional $25 per day after the first two (2) days.
  • Insufficient Funds – A $100 fee will be assessed for each check that is returned by the bank.
  • There is a $50 fee for each vehicle that is posted by a third party inspection/posting company.

All rates are subject to change.

All vehicles must be paid for on the day of sale, upon request, or by 10 a.m. the next business day or will be subjected to applicable late payment fees.

Acceptable methods of payment are as follows:

  • Wire Transfer (this is the ONLY payment method accepted for vehicle transactions)
  • Certified Check (for transactions other than the vehicle)
  • Money Order (ACH) (for transactions other than the vehicle)
  • Visa/MasterCard/American Express (for transactions other than the vehicle)

Any returned check will subject the buyer to potential suspension or termination of trading privileges on this Website. The buyer will also be expected to pay all expenses connected with collection of unpaid items.

Third Party Links

This Website may contain links to third party websites (each a "Linked Site").  Linked Sites are offered and provided to you for your convenience.  If you use any of the Linked Sites, you leave this Website; KISS is not responsible for any content, material, or information located on or accessible from any other website. KISS does not endorse, guarantee, or make any representations, or warranties regarding the Linked Sites or the content, materials, or information located on or accessible from any other Linked Site or third party website.  If you decide to access a Linked Site or a third party website, you do so entirely at your own risk, and KISS encourages you to read the terms and conditions and privacy policies applicable to the websites. 

Beta Testing; Beta Tester Agreement

You acknowledge that this Beta Product(s) are experimental and that they may contain errors, bugs, or other problems not usually associated with generally available software versions.  You shall have sole responsibility for the adequate protection and backup of your data and/or equipment used with the Beta Products. KISS is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements.

Privacy

Please review our Privacy Policy, which similarly governs your visit to and use of the Website. 

Accuracy of Information

KISS attempts to ensure that information on this Website is complete, accurate, and current.  Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date.  KISS makes no warranty as to the completeness, accuracy, or timeliness of any information on the Website. 

Some content contained on or provided on or through the Website or Services is supplied by third parties.  KISS neither endorses nor is responsible for the accuracy, completeness, or usefulness of the content.  KISS neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on or through the Website or Services by anyone other than any authorized KISS representative.

Vehicle Representation

KISS will not accept the following types of vehicles:

  • Salvaged title vehicles.
  • A vehicle with a VIN plate that has been removed or altered unless reassigned by proper authorities.
  • Unsafe vehicles - as determined by KISS staff.
  • Gray market or vehicles not meeting U.S. standards.
  • Vehicles that do not have a clear U.S.A. title.
  • Vehicles with frame damage.

KISS does not guarantee any information listed in Electronic Data Vehicle Histories (EDVH) (i.e., Carfax, Auto Check, etc.) and will not arbitrate solely on EDVH data.

KISS has not verified and makes no representation or guarantees as to the description, equipment, warranties, or odometer on any vehicle sold or offered for sale. The Buyer assumes the responsibility to verify all of the Seller’s representations, warranties and descriptions and to notify the auction in case of any discrepancy, not later than 72 hours from pickup notification, or as specified in the guarantees.

  • Light / Announcement System
  • TA - Title Attached
  • Green Light / Seller Guarantee / Third Party Guarantee - Meets conditions for sale under Seller Guarantee / Third Party Guarantee.
  • Yellow Light / Defect - Seller Announcement exists. Ask Seller. Buyer beware.
  • Red Light / As Is - See “As Is” guidelines.

Seller Guarantee / Third Party Guarantee - Green Light

  • Vehicles sold under the Green Light will have no defects in:
  • Engine, ABS system, Differential, Transmission, CV joints
  • Drive train (Backlash and computers are covered on current model year and one year old vehicles with less than 50,000 miles.) 
  • Air conditioning guarantee is limited to the compressor clutch engaging only.
  • Vehicles will be deemed to have excessive body and paint on current year vehicles only and will be deemed excessive only if two or more side panels or two of the following: hood, roof or deck lid are affected.
  • Supplemental restraint systems (SRS) are present on all vehicles manufactured with such systems. Any SRS warning lights, which are on or inoperative, must be announced.

Specifically excluded are:

  • Brakes
  • Front ends
  • Clutches
  • Electrical System
  • Fuel System
  • Steering Components
  • Universal Joints
  • Transmission or Power Steering leaks
  • wheel bearings.
  • Dodge/Jeep/Chrysler differentials

Sellers Announcements - Yellow Light

Any announcements must be placed in open text by Seller prior to vehicle posting to the auction.  Failure to follow this procedure MAY result in unwind of sale of vehicle.  These announcements include, but are not limited to, the following:

  • Broken Odometer / TMU – (Sellers still must announce Miles Over on TMU if over 100k), Fuel Conversion, Miles Over 100k, 200k, etc.
  • Engine Change, No Published VIN, Air Bags Missing/ Deployed, Fire Damage, Flood Damage.
  • Prior-Police, Taxi, Auto Check Discrepancies, Emission control equipment as manufactured must be present or announced missing.
  • 4 x 2 Trucks and SUV’s must be announced.
  • No Air Conditioning.
  • Any other operational defects, non-functional, prior damage.

Sellers are not required to certify mileage on vehicles that are considered “exempt” under federal law, except in cases where the local or state laws supercede the federal requirements.  However, Sellers MAY represent miles on exempt units.  However, any statements made by the Seller and all known odometer discrepancies are grounds for arbitration.

The Seller is responsible for all documented expenses incurred by the Buyer (excluding profit, commissions and detail charges) on vehicles arbitrated for unannounced conditions not detectable through vehicle inspection (i.e. stolen vehicle, odometer, title discrepancy).  The Seller has the responsibility to announce any state or local DMV fees, taxes or other fees due on the vehicle.

As Is Vehicles - Red Light
The following vehicle types are sold “AS IS”.  Look for Red Lights on these vehicles:

  • Flood and fire damaged vehicles.
  • True Miles Unknown (TMU) and or broken odometer.
  • Not operational.

Seller may override the “AS IS” and sell the following with a Third Party Guarantee:

  • Over 100,000 miles.
  • Ten model years or older.
  • Motor homes, campers, travel trailers and buses.
  • Police, taxis, and kit cars.
  • Boats, motorcycles, snowmobiles, jet skis, and the like.

Gray Market Vehicles (Canadian Vehicles)

Only vehicles made in North America for Canadian use and properly converted to U.S. specifications can be sold.  No other Gray Market vehicles are accepted for sale.  If a vehicle was manufactured in Canada for the Canadian Market, the Manufacturer is required to obtain and affix a U.S. Safety Standard Certification Label to the vehicle.
Sellers must inform Kiss that a vehicle is a Canadian vehicle at time of posting and must disclose that to the potential Buyer(s) in writing in open text box as an announced condition on the auction, vehicle must be converted through the proper authority.

If a vehicle was manufactured in Canada for the U.S. Market, there must be a Manufacturer’s Certification Label affixed to the vehicle. This label must clearly state the vehicle was in conformance with federal safety standards on the date of manufacture.

All other vehicles imported from Canada must be imported through a Registered Importer. Registered Importers are required to post a bond with the U.S. Department of Transportation. All vehicles imported through a Registered Importer must have:

  • U.S. Safety Standard Certification Label that identifies the Registered Importer
  • Safety Defect Recall Insurance Policy issued by the Registered Importer. This insurance policy must be with the vehicle and remain in effect for eight (8) years from the date of issuance by the Registered Importer.
  • Valid U.S. Title
  • All Canadian vehicles, whether imported by a Manufacturer or a Registered Importer, must show miles per hour on the speedometer and miles traveled on the odometer. Title 49, United States Code, Chapter 327, Section 32704, allows replacement of odometers without a doorframe sticker if the conversion from kilometers to miles can be done without changing the distance traveled by the vehicle; therefore, replacement of an odometer under these circumstances does not have to be announced by the Seller.
  • Vehicles must be sold under the yellow light with the following announcements:
  • Previous Canadian vehicle
  • Odometer change (must) from kilometers to miles
  • Voided or Unaccepted warranties
  • No liens on vehicles

Exempt Mileage Announcements

Some states do not recognize the announcement of “Exempt” as applied to an odometer statement.  If you buy a vehicle with an “Exempt” odometer disclosure and intend to retail or title this vehicle be advised that the title you obtain may bear an odometer brand of “Not Actual Mileage.” Buyer Beware! The Exempt announcement does not cover odometers that have been changed or tampered with.  If then posted on KISS this must be disclosed as prior Exempt and posted as a Red Light Vehicle.

Title Policy

Sellers guarantee the title of vehicles that are sold through the Website. This guarantee of the title warrants that title shall be marketable and free and clear of all liens and encumbrances, noted upon the current or any prior certificate of title, at the time the vehicle is sold through the Website and for a period of 90 days from the date of the auction sale.  Buyers are cautioned not to release monies on any vehicle until picked up with title attached.  KISS will not be responsible for any expenses incurred on vehicles returned for attached titles or prior to funds notification.

Buyer agrees to make any claim of defects not disclosed with the Vehicle to the Seller, and immediately to notify KISS pursuant to its policies.  Buyer agrees that it is responsible for its own transportation, and may elect a third party provider established by KISS.

Buyer represents to KISS that it is solvent, and that the vehicle is purchased solely for resale.  The Seller covenants with the Buyer that it is the true and lawful owner of the described vehicle, that the same is free from all liens and encumbrances; that Seller has good right and full power to sell and transfer title to the same; and that Seller will warrant and defend the same against the lawful claims and demands of all persons whomsoever. If Seller is a corporation, by the execution of the agreement, the officers of said corporation do hereby individually and personally guarantee performance of the corporation’s warranties.

Seller agrees that any amounts owing to KISS may be deducted from the proceeds due Seller, and that auction may stop payment or refuse to authorize payment on any check or draft to Seller pursuant to this right of set-off.

Seller agrees to be bound by these Terms and Conditions and acknowledges responsibility for completion and execution of the required odometer mileage statement pertaining to the vehicle described herein.  

Seller and Buyer agree that KISS is neither responsible for odometer mileage on the consigned vehicles nor for the information contained in the odometer mileage statement which Seller as Transferor is required to complete and sign and Buyer is required to acknowledge.

Seller and Buyer agree that all representations concerning the vehicle are solely the responsibility of the Seller, whether made on the auction, after the sale, on this Agreement, or otherwise, and acknowledge and agree that KISS has made no representations whatsoever about the vehicle and its condition.

KISS is merely performing an auction service, and expressly disclaims all express and/or implied warranties as to merchantability, fitness or any other matter whatsoever.  Please see the Sections on DISCLAIMERS and LIMITATION OF LIABILITY.

Seller and Buyer agree to indemnify and hold KISS harmless from any liability, loss, costs, damage or expense, including attorney’s fees that may arise either directly or indirectly from the sale and purchase of the vehicle.  Please see the Section on INDEMNIFICATION.

Additional Terms and Conditions for Sellers

When you offer a vehicle for sale through the Website, you must be prepared to sell that vehicle at the price at which, and the terms on which, you have listed it.  You must have the ability to transfer title of the actual vehicle listed and have been authorized through your company to do so.  This includes vehicles sold through the “lot”.

By using the Website, you agree that vehicle inventory made available by you (or on your behalf) for listing on the Website may be displayed on the Website and other portals that KISS may select, and for any other purposes at KISS' discretion, including, but not limited to, providing listings to third parties to obtain wider distribution and using listing data to derive and distribute other information, such as vehicle valuations and market information.

Seller further agrees not to participate in or encourage separate or side deals with Buyers.  This includes, but is not limited to, uploading photographs or posting comments that would encourage or allow side deals that would circumnavigate KISS and the Website.  For example, Seller agrees not to uplaod any photographs that include the Dealership name or contact information in the background of the photograph or open text box, near or on the vehicle to be sold.  Seller also agrees not to post or leave any comments on the Website making a side deal or offer to the Buyer.  For example, "Call Jim at ABC Dealership and say we can both save KISS fees."  These examples are for illustrative purposes only and are in no way meant to be limiting as to what type of conduct is prohibited.  By agreeing to these Terms and Consitions and utilizing the Website and Services, Seller agrees not to encourage or participate in any deals pertaining to the vehicles listed on the Website outside of those regulated by KISS.    
KISS may include your name, contact(s), location and phone number in your vehicle listings.  You agrees that KISS may reject any vehicle listing in KISS' discretion.  You also agree that positioning of listings is at KISS' discretion.

You agree that KISS owns all rights (including, without limitation, copyright rights) in the Website and in any information collected by KISS relating to users of the Website (including, without limitation, any personally identifiable transaction data and "clickstream" data).

You represent and warrant that you have all rights necessary to make available your vehicle listing information to KISS, and that KISS' access, distribution, and use of the vehicle listing information as contemplated by this Agreement will not violate any applicable law, rule or regulation and will not infringe any rights of any third party, including, but not limited to, any contractual rights, copyright, trademark, patent, or trade secret rights or any right of privacy or publicity.  You will indemnify and hold KISS harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties, and/or resulting from any mistake or inaccuracy in vehicle listings information made available by you (or on your behalf), and/or arising out of KISS' use of vehicle listings information made available by (or on behalf of) you.  By submitting material to KISS, you are permanently granting KISS all rights to the material, including the right to modify the material, to display and distribute the material and otherwise use it commercially, and to maintain the material in an archive.

Seller represents and warrants that (i) it is the true and lawful owner of each vehicle listed on the Website on your behalf, (ii) that the same is free from all liens and encumbrances, (iii) that Seller has the good right and full power to sell and transfer title to the same, and (iv) that Seller will warrant and defend the same against the lawful claims and demands of all persons whomsoever.

buyer or seller assume ALL liability for the vehicle DURING THE TRANSFER OF POSSESSION OF THE VEHICLE, including, but not limited to, the TRANSPORTATION AND TRANSFER of the vehicle from the seller to the buyer.  aFTER THE VEHICLE HAS BEEN SOLD AND UNTIL THE VEHICLE HAS BEEN PICKED UP BY THE BUYER, THE SELLER IS RESPONSIBLE FOR THE VEHICLE.  oNCE THE VEHICLE HAS BEEN PICKED UP BY THE BUYER AND IS IN the POSSESSION OF THE BUYER, LIABILTY WILL THEN TRANFER TO THE BUYER FROM THE SELLER AND THE BUYER WILL BE RESPONSBILE FOR THE VEHICLE.  AT NO TIME DURING the TRANSFER OF OWENRSHIP AND POSSESSION OF the VEHICLE, SHALL KISS BE HELD LIABLE.

Additional Terms and Conditions for Buyers

Buyer understands and agrees that it may not retract any bids to purchase a vehicle via the Website without KISS' express written permission.  The submission of a bid for a vehicle by (or on behalf of) Buyer automatically becomes a legally binding contract to purchase the vehicle from the Seller at the price and on the terms bid by (or on behalf of) Buyer.

You may use Website's maximum (proxy) bidding feature to automatically bid on vehicles listed on the Website.  The Website's proxy bidding feature enables you to submit a maximum bid amount for a specific vehicle and authorizes KISS to bid on the vehicle on your behalf.

By clicking the "I agree" check box and the "Make a Bid" or "Roll It" button, you, or someone on behalf of you, are agreeing to all of the policies, Terms and Conditions of such Purchase Terms and agree that each KISS sale transaction you engage in will be governed by such Terms and Conditions.  The Purchase Terms will be enforceable against you like any written negotiated agreement signed by you.  If you do not agree to the Purchase Terms, do not click the "I Agree" checkbox.

By clicking the "I agree" check box, the link to the KISS Arbitration Policy and the "Make a Bid" or "Roll It" button, you, or someone on behalf of you, are agreeing to all of the policies, terms and conditions of such Arbitration Policy and agree that such terms and conditions will govern each KISS sale transaction you engages in with that particular facilitation service provider or in certain cases (as indicated in the Arbitration Policy) certain named sellers.  Such Arbitration Policy will be enforceable against you like any written negotiated agreement signed by you.  If you do not agree to the Arbitration Policy, do not click the "I Agree" checkbox.

The sale price of the vehicle is not subject to arbitration.
Buyer further agrees not to participate in or encourage seperate or side deals with Sellers.  By agreeing to these Terms and Conditions and utilizing the Website and Services, Buyer agrees not to encourage or participate in any deals pertaining to the vehicles listed on the Website outside of those regulated by KISS.   

 
You represent and warrant that you have all rights necessary to purchase the vehicles for which you submit bids within the Website marketplace, and that these purchases, as contemplated by this Agreement will not violate any applicable law, rule or regulation.  You will indemnify and hold KISS harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties.
buyer or seller assume ALL liability for the vehicle DURING THE TRANSFER OF POSSESSION OF THE VEHICLE, including, but not limited to, the TRANSPORTATION AND TRANSFER of the vehicle from the seller to the buyer.  aFTER THE VEHICLE HAS BEEN SOLD AND UNTIL THE VEHICLE HAS BEEN PICKED UP BY THE BUYER, THE SELLER IS RESPONSIBLE FOR THE VEHICLE.  oNCE THE VEHICLE HAS BEEN PICKED UP BY THE BUYER AND IS IN the POSSESSION OF THE BUYER, LIABILTY WILL THEN TRANFER TO THE BUYER FROM THE SELLER AND THE BUYER WILL BE RESPONSBILE FOR THE VEHICLE.  AT NO TIME DURING the TRANSFER OF OWENRSHIP AND POSSESSION OF the VEHICLE, SHALL KISS BE HELD LIABLE.

Intellectual Property Rights  

This Website contains material that is protected by United States copyright, trademark, trade secret, and other intellectual property laws, and by international treaty provisions.  All rights not specifically granted to you herein are reserved to KISS and to any third party with ownership rights in this Website.

You acknowledge and agree that the Website and Services contain proprietary and confidential information, including without limitation, all website design, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, sound, software, and other related content.  KISS owns all trademarks used in connection with the Website, and no license to use any such trademarks is provided hereunder.  The look and feel of the Website, including without limitation its color combinations, logos, button shapes, and other graphical elements, also are KISS trademarks. You further acknowledge and agree that the selection, arrangement, and use are the exclusive property of KISS, its licensors, or third party owners and may be protected by state, national, and international intellectual property and other laws. All rights are reserved to their respective intellectual property owners.  KISS and its licensors enforce proprietary interests to the fullest extent permitted under the law and shall seek civil and criminal remedies where appropriate.  

Any use of materials on this Website, including without limitation, reproduction, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of KISS is unauthorized.

You may not remove any proprietary notice of KISS or any other party from the Website.  All logos, page headers, custom graphics, and icons are service marks, trademarks, and/or copyrighted works of KISS and its licensors. All other trademarks, service marks, product names, and company names or logos that appear on the Website are the property of their respective owners.

Monitoring

KISS has no obligation whatsoever to monitor any of the content on the Website.  However, you acknowledge and agree that KISS has the absolute right to monitor at our sole discretion.  In addition, KISS reserves the right to alter, edit, refuse to post, or remove any content, in whole or in part, for any reason and to disclose materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process, or governmental or administrative request and to protect ourselves and our clients, sponsors, users, and visitors. 

Disclaimers

KISS is providing this Website and its contents and the Services, information, and products provided on or through this Website or any Linked Site on aN "as is" and "as available" basis, without any warranties of any kind, either express, implied, or statutory, including without limitation, warranties of title, infringement, merchantability, or fitness for a particular purpose, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  Further, KISS makes no representations or warranties of any kind as to an uninterrupted, error-free, or secure use of this Website, including without limitation, that the Website will operate; that defects on this Website will be corrected; that any of the information, content, materials, or products included or listed on this Website are accurate, reliable, or complete; or that any software, services, sites, or servers on which the services and sites are hosted are free of viruses or other harmful components.  KISS expressly disclaims ALL REPRESENTATIONS and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose, and non-infringement. KISS does not warrant that the Website, files, information, or products available on the Website will be free from corrupted data, computer viruses, or similar destructive or contaminating code. No oral or written statements by KISS will create any warranty not expressly set forth herein.  Use of this Website and any Linked Site is at your sole risk.

KISS is not responsible for any product or service sold on or through this Website or any claims of quality or performance made on or through this Website or any Linked Site.  You are advised that other websites on the Internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights, or otherwise unlawful.  KISS expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, products, or services that appear on this Website, any Linked Site, or any other website.

KISS does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities that appear or are linked to this Website, unless that fact is expressly stated.      

Limitation of Liability

KISS AUCTION, LLC AND ANY AND ALL OF ITS AFFILIATES AND SUBSIDIARIES, AND ANY PERSON OR ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL OF KISS AUCTION, LLC, WHETHER BY OWNERSHIP MEANS OR OTHERWISE, (COLLECTIVELY, “KISS” IN THIS SECTION) SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO, WITHOUT LIMITATION:  (i) THE USE OR INABILITY TO USE THIS WEBSITE; (ii) ANY CONTENT CONTAINED ON THE WEBSITE, LINKED SITES, SERVICES, AND/OR INFORMATION CONTAINED THEREIN; (iii) INFORMATION, STATEMENTS, OR CONDUCT POSTED OR OTHERWISE CONTAINED ON THE WEBSITE THAT IS INCORRECT OR INACCURATE; (iv)  INFORMATION, STATEMENTS, OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS, DATA, NETWORK ID, OR USER ACCOUNT INFORMATION; (vi) ITS POSITION AS THE PROVIDER OF THE WEBSITE, WHICH IS NOT AS A PUBLISHER OF INFORMATION; (vii) ANY PRODUCT, SERVICE, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE; (viii) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR THE SERVICES; (ix) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE OR THE SERVICES; OR (x) ANY OTHER MATTER RELATING TO THIS WEBSITE, ANY LINKED SITE, OR SERVICES.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF DAMAGES.  THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KISS AND THE USER.  PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. AS LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN SUCH STATES. 

Notwithstanding the foregoing, in no event shall KISS' total liability to you for any reason, damages, losses, or causes of action exceed the amount paid by you, if any, for using the Website and any of its information, products, or services.  

Indemnification

Upon request by KISS, you agree to indemnify, defend, and hold harmless KISS from and against any and all claims, demands, causes of action, losses, expenses, damages, and costs, including without limitation any reasonable attorneys' fees, resulting from, arising out of, or relating to your use of or conduct on the Website, any activity, information, or material that you submit to, post on, or transmit on or through the Website; any activity, information, or material related to your user account; your violation or breach of these Terms and Conditions; your infringement or breach of these Terms and Conditions; your infringement or violation of any rights of another; or termination of your access to this Website, and/or user account.

Your indemnification obligation shall survive the termination of this Agreement.  At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with KISS in connection with our defense.

No Agency

You and KISS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Domestic Use

KISS controls the Website from its office in the United States.  We make no representations that the Website, including without limitation, any products or services available on, from, or through the Website, are appropriate or available for use in other locations.  You acknowledge and agree that you will not access the Website from any territory in which its contents are illegal.  Users of the Website outside of the United States do so at their own risk and individually and entirely bear the responsibility for compliance with local laws. 

Applicable Law; Jurisdiction

The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan without regard to choice of law rules.  Each user agrees to submit to personal jurisdiction in the State of Michigan and further agrees that any cause of action arising from or relating to the use of this Website or the Terms and Conditions shall be brought exclusively in federal or state courts in Michigan.

General Arbitration Policy

Pursuant to this Agreement, and with the prior agreement of KISS, any claim, dispute, or controversy arising or concerning this Website and/or the performance or interpretation of this Agreement shall be submitted to binding arbitration.  Arbitration shall be conducted in such forum and pursuant to such rules as the parties agree upon, and failing agreement shall be conducted by one arbitrator in the state and county in which KISS is located who is knowledgeable about vehicle wholesaling, retailing and purchasing and sale of consumer note and installment note contacts, pursuant to the commercial arbitration rules of the American Arbitration Association that are in effect on the date of the notice to arbitrate.  Discovery shall be allowed in such proceeding according to the federal rules of civil procedure and the decision of the arbitrator shall contain findings of fact and conclusions of law.  Any decision rendered in such an arbitration proceeding shall be final, binding and conclusive upon all parties involved as well as any award of the arbitrator. This provision shall be specifically enforced by a court of competent jurisdiction.

Vehicle Arbitration Policy

Pursuant to this Agreement, and with the prior agreement of KISS, any claim, dispute, or controversy arising or concerning the vehicle(s) sold and/or purchased on this Website shall be submitted to binding arbitration.   The sale price of the vehicle is not subject to arbitration.

If the vehicle purchased is considered Red Light Status, it is "AS IS".  If the vehicle is considered Yellow Light Status, the purchasing dealership/Buyer cannot arbitrate unless there is more than $1000 worth of damage, of items that have not been disclosed prior to sale.  If the vehicle is considered Green Light Status, the purchasing dealership/Buyer cannot arbitrate unless there is more than $500 worth of damage. 

All users must complete the arbitration process in its entirety, which includes filling out the Arbitration Request Form (arbitration@kissautoauction.com). After email has been received, arbitration will start with a Third Party Inspection of the vehicle the fee for such an inspection is the responsibility of the licensed Dealer requesting arbitration, and then compared to the claim.  If ruled enforceable, the deal will be annulled.  The Seller will be responsible and will be charged both the buy and sell fee as well as transportation back to the selling Dealer.  In addition, KISS, at its own discretion, reserves the right to terminate your continued access, use of the Website, Services, and user account.

Waiver

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.  

Severability

If any term or provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason, unenforceable by a court of competent jurisdiction, that term or provision shall be construed to reflect the parties' original intent, and the validity and enforceability of any remaining provisions shall not be affected. 

Entire Agreement

The Terms and Conditions constitute the entire and only agreement between KISS and each user of this Website and supercedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.  You agree to review this Agreement prior to your use of this Website. 

Changes to Terms of Use Agreement

This information was last updated on June 13, 2008.  KISS may, in its sole discretion, amend the Terms and Conditions from time to time.  Please check the Terms and Conditions periodically for changes. 

Termination

This Agreement and the applicability of the Terms and Conditions shall remain effective, unless and until terminated by either you or KISS in accordance with the Terms and Conditions.  You acknowledge and agree that KISS, in its sole discretion, may terminate or suspend your user account (in whole or in part), or use of the Website and/or Services and remove and discard any content within the Website, at any time and for any reason, with or without notice.  KISS also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Website, if, in KISS' sole discretion, you fail to comply with any of the identified Terms and Conditions or any applicable law or are harmful to the interests of another user or KISS. Upon any termination of the Agreement by either you or us, you agree to promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of use or otherwise.  You acknowledge and agree that any actions taken under this Section may be effective without prior notice to you.  In the event of termination, however, Sections of this Agreement that provide for continuing obligations on your part, shall survive indefinitely.  

Miscellaneous

The failure of KISS to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of any term and shall not be considered a waiver or limit KISS' right thereafter to insist upon strict adherence to that term or any other term of this Agreement.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.  The "Disclaimers," "Limitation of Liability," and "Indemnification" provisions of this Agreement are for the benefit of KISS, and KISS shall have the right to assert and enforce these provisions directly against you on its own behalf.

Additional Assistance

If you have any questions or concerns about the Kiss Auction, LLC Terms and Conditions of Use or its implementation please contact us via email at jeff@kissautoauction.com or at the following address:

Kiss Auction, LLC
Consumer Affairs
P.O. Box 2068
Brighton, MI 48116

http://www.kiss-auction.com or www.kissautoauciton.com

 

UTILIZATION OF THE WEBSITE SIGNIFIES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE AGREEMENT.  IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT USE OUR WEBSITE.