Terms of Use

Last revised on: 04/24/2024 Terms of Use BY ACCESSING OR UTILIZING THE DIGITAL SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DISAGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE DIGITAL SERVICES. IT IS IMPORTANT TO NOTE THAT EXCEPT FOR LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US CONCERNING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS INSTEAD OF JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS, AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. REFER TO SECTION 24, DISPUTE RESOLUTION (ARBITRATION CLAUSE AND CLASS ACTION WAIVER), FOR FURTHER DETAILS. Within the Highlights section, we furnish a summary of the terms and conditions governing your access to or utilization of a Canadian website, mobile app, or other digital service (referred to as a “Digital Service”) operated by TurboBid Incorporated or one of its affiliates (referred to as “we,” “us,” “our,” or “TurboBids”). The Digital Services provide a comprehensive platform for browsing vehicle listings, along with an array of informative services designed to enhance your automotive experience.. TURBOBID DOES NOT OPERATE AS AN AUTOMOBILE BROKER, DEALER, OR TRADITIONAL AUCTIONEER, AND WE DO NOT ENGAGE IN THE SALE, EXCHANGE, PURCHASE, OR OFFERING FOR SALE, OR THE NEGOTIATION OF SALES OR EXCHANGES OF ANY VEHICLE LISTED ON THE DIGITAL SERVICES. TURBOBID HAS NEVER: (I) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (II) CONDUCTED INSPECTIONS ON ANY VEHICLE LISTED ON THE DIGITAL SERVICES, OR (III) HELD ANY VEHICLE LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION. Kindly examine the complete Terms of Use provided below for an in-depth explanation of relevant terms and conditions. Any mention of the Terms of Use, along with its sections, within the Highlights section, is meant to direct you to the comprehensive Terms of Use document below. Highlights Accessing and Accepting the Terms of Use

  • Every time you access or use the Digital Services, you are agreeing to abide by the Terms of Use (which includes the binding arbitration provision found in the “Dispute Resolution (Arbitration Clause and Class Action Waiver)” section), along with our Privacy Notice, any FAQs, and any additional guidelines, terms, procedures, or rules specific to certain features of the Digital Services (collectively referred to as the “Agreement”). This Agreement is owned or operated by TurboBid, LLC, or its affiliates (“we,” “us,” “our,” or “TurboBids”).
  • You acknowledge that any information we collect about you regarding your access to and usage of the Digital Services will be used in accordance with our Privacy Notice.
  • We may provide services not outlined in these Terms of Use or offer customized services. These Terms of Use will apply to such services unless we have entered into a separate, signed agreement explicitly overriding these Terms of Use.
  • You understand and agree that the Agreement is a contract solely between you and TurboBid, and it explicitly does not govern any sale, transaction, or relationship between you and any other user, third party, or between any other buyers and sellers.

Your Duties

  • Ensuring the accuracy of any information you provide to us concerning your access to and use of the Digital Services is your responsibility.
  • You bear sole responsibility for any information, including details used in any listing, that you submit to us.
  • Your behavior concerning the Digital Services, as well as your access to or use of the Digital Services and Content (as defined in the full Terms of Use), is governed by the regulations outlined in the section titled “Your Conduct and Responsible Use of the Digital Services” of the Terms of Use below, in addition to any supplementary terms and conditions provided by us as part of the Agreement and applicable to you.

Intellectual and Other Proprietary Rights

  • Between TurboBid and yourself, TurboBid holds all rights, titles, and interests in the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights worldwide associated with the Digital Services and Content, except where applicable, with respect to your User Content.
  • You are prohibited from constructing a business, either in whole or in part, reselling, redistributing, circulating, or engaging in any other commercial use, or creating derivative works or materials utilizing any portion of the Digital Services (including any code utilized in any software) or Content, regardless of profit.
  • Should we become aware of any repeated infringement of the proprietary rights of any third party by any of our users, we may take measures to terminate that user’s access to the Digital Services. We retain the right (though not the obligation) to scrutinize any information provided by you, investigate, and/or take appropriate action against you or any other user at our sole discretion.

Release, Indemnity, Disclaimers, and Limitation of Liability

  • You release TurboBid (and its affiliates, service providers, partners, co-branders, licensors, payment processing partners, other partners, officers, directors, employees, contractors, and agents) from any damages, losses, liabilities, costs, or expenses arising from disputes between you and any other user or third party related to your use of the Digital Services.
  • You agree to indemnify and hold TurboBid (and its affiliates, service providers, partners, co-branders, licensors, payment processing partners, other partners, officers, directors, employees, contractors, and agents) harmless from any and all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses, including reasonable attorneys’ and accounting fees, arising from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise), or investigation made by any user or third party (each a “Claim”) related to or arising from (a) your use of the Digital Services or Content, (b) your User Content, (c) your violation of the Terms of Use, (d) your violation of applicable laws or regulations, or (e) the actions or inactions of any third party to whom you grant permission to use your user account to access the Digital Services (including the sharing of your Credentials).
  • TurboBid disclaims any warranties and provides the Digital Services “as is.”
  • Our liability is limited as described in the Limitation of Liability section in the Terms of Use below.

Third Parties

  • TurboBid assumes no responsibility for any links to third-party websites, apps, or other services, including social media platforms.
  • We engage in affiliate marketing and may permit third-party affiliate links to be embedded in some of our Digital Services. This implies that we may receive a commission when you click on or make purchases through third-party affiliate links.

Termination

  • TurboBid reserves the right, at its sole discretion, to terminate your password, account (or any other part of your Credentials), access to or use of the Digital Services, or remove and discard any User Content or information stored, sent, or received via the Digital Services without prior notice and for any reason or no reason.

Modifications to the Terms of Use

  • The Terms of Use may be revised in the future by posting an updated version on the Digital Services or by notifying you (via email or other means through the Digital Services).
  • Your ongoing use of the Digital Services will be interpreted as an irreversible acceptance of any changes.

Jurisdiction and Severability

  • The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the Province of Ontario, Canada, without giving effect to any law that would result in the application of the law of another jurisdiction.
  • The Agreement (including the Privacy Notice and any additional guidelines, terms, procedures, or rules that may apply to a specific feature of the Digital Services) constitutes the entire agreement between you and us regarding the use of the Digital Services.
  • If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain unaffected, and the invalid or unenforceable provision will be modified so that it is valid and enforceable to the maximum extent permitted by law.

Copyright Policy

  • If you believe your copyright has been infringed, you may notify us according to the procedure outlined in the corresponding section of the Terms of Use below.

Terms of Use Last revised on: April 24, 2024

  1. Agreement Application and Acknowledgement 

These Terms of Use, including the binding arbitration provision available here, our Privacy Notice, any FAQs, and any additional guidelines, terms, procedures, or rules applicable to specific features of the Digital Services (collectively referred to as the “Agreement”), constitute an electronic contract between you (“you,” “your,” and “yourself”) and TurboBid, owned or operated by TurboBid Incorporated, , or its affiliates (“we,” “us,” “our,” or “TurboBids”). This Agreement governs your use of the Digital Services in various capacities: (a) as a “Buyer,” submitting bids to purchase vehicles or other listed products and services; (b) as a “Seller,” providing information for listing vehicles, products, or services on a Digital Service by TurboBid on your behalf; or (c) as a visitor, registrant, or user under other permissible capacities outlined in these terms (collectively referred to as “Users”). It delineates the legally binding terms governing your access and usage of the Digital Services. This Agreement pertains solely to TurboBid and its affiliates and does not extend to other entities, including third parties that may advertise or sponsor content, products, or services on the Digital Services, or any third-party platforms (such as social media platforms or app stores) or other channels you may use to access the Digital Services or any Content (as defined below). The Digital Services and Content are provided solely for general information, discussion, and entertainment purposes. The term “Content” encompasses, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or made available through or in connection with the Digital Services. We make no representations or warranties about any aspect of the Digital Services and Content, and we do not endorse any opinions expressed by Users. THE DIGITAL SERVICES AND ALL CONTENT ARE PROVIDED “AS IS,” AND YOUR USE OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT IS AT YOUR SOLE RISK. WE DISCLAIM ALL LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE DIGITAL SERVICES OR ANY CONTENT.

  1. Our Role

Within the Digital Services lies a platform for vehicle listings and information provision. The items posted by Sellers for Buyers to bid on are not our creations or possessions. Rather, we serve as the facilitators, offering the Digital Services that enable Users to access various features and functionalities, such as posting vehicles and bidding on them. It is the responsibility of Sellers to ensure that their User Content adheres to all applicable laws and regulations and that any goods or services advertised on the Digital Services are accurately described and satisfactorily delivered. Regarding payment processing for purchases made on the Digital Services, if the Seller or third party opts for a payment processing method using a third party, we are not involved in processing that payment transaction. As a part of the Digital Services, TurboBid may provide assistance to Sellers in creating their listings, including the content of such listings. However, each Seller remains accountable for ensuring the accuracy of their listings. TURBOBID DOES NOT OPERATE AS AN AUTOMOBILE BROKER, DEALER, OR TRADITIONAL AUCTIONEER. WE DO NOT ENGAGE IN THE SALE, EXCHANGE, PURCHASE, OR OFFER FOR SALE, NOR DO WE NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF ANY VEHICLE LISTED ON THE DIGITAL SERVICES. TURBOBID HAS NEVER: (I) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) CONDUCTED INSPECTIONS OF ANY VEHICLE LISTED ON THE DIGITAL SERVICES, OR (3) HAD ANY VEHICLES LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.

  1. Privacy Policy 

As you access or utilize the Digital Services, we may gather information directly from you or about you through the Digital Services. This information will be utilized in accordance with our Privacy Policy, outlining our privacy procedures and providing options you may have regarding the collection and handling of certain information. We encourage you to review our Privacy Policy at your convenience. It is an integral part of this Agreement and is incorporated herein.

  1. Accuracy of Your Information & Communication Methods

The details you provide through the Digital Services, whether during account creation, registration, membership, or for any listings, must be truthful, accurate, and up-to-date. It is your responsibility to ensure the accuracy of this information. If we determine that the information you provided is inaccurate, incomplete, or outdated, we reserve the right to terminate, suspend, or deny your access to the Digital Services. Information pertaining to your Digital Services usage, such as payment authorizations, invoices, password or payment method changes, and confirmation messages, may be communicated to you solely in electronic form. This includes emails sent to the email address you provided during registration, where applicable. By using the Digital Services, you consent to receiving such electronic notifications, and acknowledge that these electronic communications fulfill any legal requirements for written communication.

  1. Age Eligibility and Legal Capacity

The Digital Services are not designed for or intended to be accessed or used by children, particularly those under the age of 13. If you are under 13 years old, you are prohibited from accessing or using the Digital Services or providing any information to us.  By accessing or using the Digital Services, you affirm that you possess the legal capacity to enter into this Agreement and fulfill the obligations outlined herein. If you are not legally old enough to enter into contracts in your state (i.e., a minor), it is necessary for you to review this Agreement with your parent or guardian before using the Digital Services. If your parent or guardian disagrees with the terms of the Agreement as they pertain to you, then you are not permitted to access or use the Digital Services.

  1. Your Account; Username, Password and Other Credentials

(a) You have the option to create an account for accessing or utilizing the Digital Services. It is your responsibility to safeguard the confidentiality of your username, password, and any other credentials (referred to as your “Credentials”) that may be required for accessing the Digital Services or specific features thereof. We bear no responsibility for any misuse of your Credentials by third parties, whether authorized by you or not. You agree to promptly inform TurboBid of any actual or suspected unauthorized use of your Credentials or any breach of security. We are not liable for any loss or damage arising from the unauthorized use of your Credentials or your failure to adhere to the stipulations outlined in this Agreement. (b) TurboBid reserves the right, at its sole discretion, to maintain various types of accounts for different categories of Users. If you create an account to access or utilize the Digital Services on behalf of a company, organization, or another entity, then (i) “you” encompasses both yourself and the entity, and (ii) you assert and warrant that you are an authorized representative of the entity, possessing the authority to bind the entity to the terms of the Agreement, and that you consent to the Agreement on behalf of the entity.

  1. Intellectual and Other Proprietary Rights
  • The rights granted to you in this Agreement are subject to the following limitations:
  • The Digital Services comprise Content that may be wholly or partly derived from content or materials supplied and owned by TurboBid, TurboBid’s licensors, or third parties. TurboBid retains all rights, title, and interest in the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights associated with the Digital Services and Content, except as it relates to your User Content (as defined below).
  • You acknowledge TurboBid’s valid intellectual and proprietary property rights in the Digital Services and Content, and your use of the Digital Services is restricted to accessing, viewing, and downloading the Digital Services and Content as authorized by TurboBid. This Agreement does not convey to you any right, title, or interest in such intellectual and proprietary property rights or to the Digital Services or Content, except for the limited rights explicitly granted herein.
  • You may not directly or indirectly, through the use of any Device or other means, remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices on the Digital Services or Content, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Digital Services or Content. You may not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Digital Services or Content.
  • You may not copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Digital Services or Content, unless expressly permitted by TurboBid in writing. You may not incorporate the Digital Services or Content into, or stream or retransmit them via, any hardware or software application, or make them available via frames or in-line links. Additionally, you may not use any software robots, spiders, crawlers, or other data gathering or extraction tools to access, acquire, copy, monitor, scrape, or aggregate the Digital Services, Content, or any portion thereof.
  • You may not build a business, resell, redistribute, recirculate, or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services or Content, whether or not for profit.
  • If we provide the Digital Services or Content to you via a widget, embedded player, or other technology allowing you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter any portion of such technology, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.
  • You are prohibited from disabling, modifying, interfering with, or circumventing any technology to view the Digital Services or Content without (i) visibly displaying both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including all video quality and display functionality, and interactive or click-through functionality.

Any future release, update, or addition to the functionality of the Digital Services or Content is subject to this Agreement. You must retain all copyright and other proprietary notices on any Digital Services content or materials. Modification or use of the Digital Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may constitute a violation of copyrights and/or trademarks protected by law and this Agreement. If you provide TurboBid with any feedback or suggestions regarding your use of the Digital Services (“Feedback”), you hereby transfer all rights in the Feedback to TurboBid and agree that TurboBid has the right to use such Feedback and related information in any manner it deems appropriate. TurboBid will treat any Feedback you provide as non-confidential and non-proprietary. You agree not to submit any information or ideas to TurboBid that you consider confidential or proprietary.

  1. User Content

“User Content” refers to any and all information and content that a user submits to or uses with the Digital Services, such as photos, audio, video, messages, text, files, or other content provided to us, including any listings that appear on the Digital Services (regardless of any involvement by TurboBid in the listing), except for Feedback. Users are solely responsible for their User Content, whether solicited or unsolicited. Users assume all risks associated with the use of their User Content, including reliance on its accuracy, completeness, or usefulness by others, or any disclosure of User Content that personally identifies the user or any third party. Users may not state or imply that their User Content is provided, sponsored, or endorsed by TurboBid. Users are responsible for backing up their data and may expose themselves to liability due to their User Content. TurboBid will not be liable for any inaccuracies or defects in any User Content. By submitting User Content, users grant TurboBid an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use the User Content for any lawful purpose. Users also waive any claims and assertions of moral rights or attribution with respect to their User Content. Since TurboBid does not control User Content, users acknowledge that TurboBid is not responsible for any User Content and makes no guarantees regarding its accuracy, currency, suitability, or quality. Users’ interactions with other users of the Digital Services are solely between them and such users. TurboBid will not be responsible for any loss or damage incurred as a result of these interactions, and TurboBid is under no obligation to intervene in disputes between users. TurboBid is not a party to any vehicle sale contract between buyers and sellers on the Digital Services, and users are solely responsible for their interactions with other users (including vehicle purchases). Users acknowledge that other users may post derogatory comments about their User Content, and TurboBid has no obligation to monitor or delete such User Content. TurboBid may remove or modify any User Content without notice or liability at any time at TurboBid’s discretion. TurboBid reserves the right, but not the obligation, to monitor disputes between users, and will not be liable for users’ interactions with other users or for any user’s actions or inactions.

  1. User Submissions

Unsolicited Submissions:  By providing information or User Content to us through emails, Q&A, blogs, forums, polls, or any other user-generated submission, you agree that we may use such content and may also use your name and any stories you provide in articles or other features published on the Digital Services or in our publications, advertising, or sponsored content. If you share personal anecdotes, they may be attributed to you. TurboBid reserves the right to edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Digital Services or our publications, advertising, or sponsored content. Invited Submissions:  Periodically, the Digital Services may explicitly request submissions of concepts, stories, or other potential content from users (“Invited Submissions”). Please carefully review any specific rules or terms and conditions associated with such Invited Submissions, as they will govern the submissions and may impact your legal rights. If no additional terms govern these submissions, then this Agreement will apply fully to any Invited Submissions you make. REGARDLESS, ANY MATERIAL YOU SEND WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of industry custom or practice, TurboBid will not provide compensation for the use of any content submitted through the Digital Services.

  1. Enforcement

If TurboBid becomes aware of a user’s violation of this Agreement, including the rights of any other user or third party, certain remedial actions may be taken, such as refusing access to the Digital Services to any individual or entity and modifying eligibility requirements at any time. Should TurboBid become aware of a user repeatedly infringing the proprietary rights of any third party, steps may be taken to terminate that user’s access to the Digital Services. TurboBid reserves the right (but is not obligated) to review information obtained from or about users and their use of the Digital Services, investigate, and/or take appropriate action at its sole discretion. Such actions may include modifying or removing user content, terminating access to the Digital Services (including user accounts, registrations, or memberships), legal measures, and/or reporting users to law enforcement authorities. If TurboBid opts to modify user content, it nonetheless assumes no responsibility for said content. TurboBid retains the right to investigate suspected violations of this Agreement, including any violations arising from user information (including unsolicited or invited submissions), postings, or emails made on or sent through the Digital Services. TurboBid may seek information from suspected users and other users, suspend users under investigation, and remove material from its servers as deemed appropriate and without notice. If TurboBid, at its sole discretion, determines a violation of this Agreement has occurred, it may edit or modify submissions, postings, or emails, permanently remove material, cancel postings, warn or suspend users and passwords, terminate accounts, or take other corrective actions it deems suitable. TurboBid may cooperate with law enforcement authorities or court orders requesting or directing the disclosure of the identity of anyone posting emails or publishing materials believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND RELEASE TURBOBID (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN BY TURBOBID DURING OR AS A RESULT OF INVESTIGATIONS, AND/OR FROM ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TURBOBID OR LAW ENFORCEMENT AUTHORITIES.

  1. Your Conduct and Responsible Use of the Digital Services

Please exercise responsible behavior when using TurboBid’s Digital Services. The following guidelines are essential for accessing or using the Digital Services and Content:

  • No Illegal Activities: You must utilize the Digital Services and Content solely for lawful purposes, adhering to this Agreement, applicable laws, regulations, and any obligations or restrictions imposed by third parties. Encouraging conduct that could lead to criminal offenses or civil liabilities is strictly prohibited.
  • Lawful and Appropriate Content: Your User Content must not contain any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of privacy, or otherwise inappropriate material. Additionally, refrain from sharing content that harasses, degrades, intimidates, or promotes hatred against individuals or groups based on religion, gender, sexual orientation, race, ethnicity, age, or disability. Distributing unlawful content may subject you to criminal and civil liabilities.
  • Original and Lawful Content: User Content must be authentic and must not infringe upon the rights of any third party, including patents, trademarks, copyrights, rights of publicity, or other proprietary rights. You are responsible for demonstrating the lawfulness of any third-party claims against your User Content. You acknowledge that all User Content is your sole responsibility, and TurboBid bears no liability for any inaccuracies or defects.
  • No Unauthorized Data Collection: You may not collect, harvest, or store personal information about other Users without explicit consent. Using such information for unauthorized solicitations or activities, including spamming or malware distribution, is strictly prohibited and may disrupt other Users’ enjoyment of the Digital Services.
  • No Bullying, Impersonation, or Interference: Threatening, abusing, harassing, or invading the privacy of other Users is prohibited. Additionally, refrain from impersonating individuals or entities and from obstructing other Users’ access to the Digital Services.
  • No System Abuse: Avoid uploading or distributing computer viruses or other malicious code that may disrupt or damage the functioning of the Digital Services or other online platforms. Interfering with servers or networks connected to the Digital Services is also prohibited.
  • Security System Integrity: Do not compromise the security or integrity of the Digital Services, including tampering with or gaining unauthorized access to the Content, online accounts, or computer systems. Use of tools designed for compromising security is strictly forbidden.
  • No Fraudulent Transactions: Transmitting potentially fraudulent funds during payment transactions is prohibited.
  • Compliance with Payment Card Rules: You must adhere to the rules of payment card associations and networks, such as Visa, MasterCard, American Express, and Discover, and refrain from abusing the card system.
  • Cooperation and Compliance: You are required to cooperate in any investigations and provide confirmation of your identity or any requested information.
  • No Circumvention: Avoid circumventing any determinations made by TurboBid regarding your user account, including temporary or indefinite suspensions. Actions such as attempting to open multiple accounts or using false information are prohibited.

Upon becoming aware of any violations of this Agreement, TurboBid reserves the right to take appropriate action, including but not limited to:

  • Terminating this Agreement or suspending/closing your user account without penalty.
  • Refusing future access to the Digital Services.
  • Limiting your account access or payment capabilities.
  • Taking legal action against violators.
  • Providing notice of actions taken.

You are responsible for any damages incurred by TurboBid due to your breach of this Agreement or your use of the Digital Services. If your user account is closed or your use of the Digital Services is terminated, you will receive notice of these actions.

  1. Availability of and Modification to the Digital Services and Content

We cannot guarantee the availability of all or any part of the Digital Services or its Content. TurboBid reserves the right to alter, modify, edit, suspend, discontinue, or otherwise adjust the Digital Services, Content, or any aspect, feature, or service of the Digital Services at any time, with or without prior notice. You agree that TurboBid shall not be held liable to you or any third party for any changes, suspensions, or terminations of the Digital Services, Content, or any portion thereof.

  1. Fees, Purchases and Referrals

(a) Payment of Fees By utilizing TurboBid, you agree to cover any applicable fees (including any initial deposit made as a Buyer in connection with a bid, specific Buyer’s fees, and Seller listing fees detailed on our website concerning bids or purchases you make of any products, features, and/or services (“Purchases”) listed on the Digital Services, inclusive of any relevant sales, use, or similar taxes or charges. Certain products, fee-based services, or features that you acquire, access, or download via the Digital Services may be subject to additional terms and conditions presented to you at the time of acquisition, access, or download. All payments made by you to TurboBid shall be processed through Stripe, Inc., TurboBid’s third-party payment processing service. Stripe’s terms of service can be found at https://stripe.com/us/terms. Ensuring that all information you provide in connection with a Purchase (including any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees, and Seller listing fees) is accurate, complete, and current is your responsibility. You agree to settle all charges incurred by any users of your credit card, debit card, or other payment method used in connection with a Purchase on the Digital Services at the prices prevailing when such charges are incurred. Additionally, you agree to cover any applicable taxes, if any, relating to any Purchase. For any Purchases you make directly from a Seller on or through the Digital Services that involve payment processing, if such Seller selects a payment processing method that uses a third party to process the payment, then we do not process the transaction. Prices listed for vehicles or any other products or services listed by Sellers on the Digital Services are determined by the Sellers, and TurboBid is not accountable for setting or negotiating any prices or associated fees. The listed prices set by the Sellers on the Digital Services may exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees mandated by law. A Seller may include any or all of the aforementioned or any other taxes and fees to the listed price when calculating the final sale price to charge a Buyer. All amounts displayed on the Digital Services are in CAD dollars. (b) No Refunds All Purchases made from a Seller utilizing the Digital Service are between the applicable Buyer and Seller; therefore, in case you seek a refund related to a Purchase or have any inquiries, you must directly contact the applicable Seller. (c) Bidding and Auction (i) Reserve and Publication To utilize TurboBid for listing a vehicle or other product, a Seller must specify whether there is a minimum price at which the Seller is willing to consider a sale to a Buyer (the “Reserve”) or whether no such minimum bid is required (“No Reserve”). A Seller can adjust or waive a Reserve during the auction by notifying TurboBid of such change via email or, if available, TurboBid’s web-based notification tools provided to the Seller. TurboBid will only authorize a listing for publication on the Digital Services once a Seller has either selected a Reserve or selected “No Reserve” for the applicable listing. (ii) Seller Acknowledgment If you or any other User submits a vehicle or other product or service to sell on the Digital Services, and we accept such vehicle, product, or service, then you, or such other User, are considered a “Seller” on the Digital Services. You are accountable in all respects for the User Content and any other information related to any vehicle, product, or service you decide to sell. You are also fully responsible in all respects for completing the transaction with the applicable Buyer in accordance with the Agreement. IN THE EVENT A USER ACCESSES OR USES THE DIGITAL SERVICES TO SELL A VEHICLE OR OTHER PRODUCT OR SERVICE AS A “SELLER,” ANY SUCH USER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES, SUCH SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE VEHICLE OR OTHER PRODUCT OR SERVICE 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 TURBOBID (IN OUR SOLE DISCRETION). (iii) Buyer Acknowledgment Each Buyer acknowledges and agrees that (i) the Buyer fees associated with each bid submitted via the Digital Services are binding and thus due and payable to TurboBid in accordance with the Agreement, and (ii) Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Digital Services. If you decide to bid on a vehicle that has been listed by a Seller on the Digital Services, you acknowledge and agree that your bid constitutes the first non-binding step in expressing your interest to a Seller in the listed vehicle and 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 Digital Services, neither of which bind the parties to each other. Buyer’s responsibility for any shipping or delivery fees shall be set forth in the formal agreement between the applicable Seller and Buyer. We do not inspect any vehicles or any other goods that a Seller lists on the Digital Services. You acknowledge and agree that TurboBid bears no risk associated with purchasing a vehicle from a Seller listed via the Digital Services. In certain circumstances, following the close of an auction, if no bid has met the Seller’s Reserve, TurboBid may (in its sole discretion) offer to pay Seller a separate amount to make up the difference between the Reserve and the highest bid (the “Make Whole Amount”); provided, that if TurboBid provides such Make Whole Amount to Seller in connection with the foregoing, Seller hereby agrees to return to TurboBid the Make Whole Amount if following such payment, such Seller’s vehicle is not sold to such highest bidder within 30 days. SELLER ACKNOWLEDGES AND AGREES THAT THE OFFERING OR PROVISION OF SUCH MAKE WHOLE AMOUNT BY TURBOBID TO SELLER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE TURBOBID A PARTY TO SALE OF THE SELLER’S APPLICABLE VEHICLE OR OTHER TRANSACTION BETWEEN THE SELLER AND THE BUYER.  

  1. Release

If you find yourself in a dispute with one or more Users of the Digital Services (including merchants) or any other third parties, you release TurboBid (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners, and officers, directors, employees, contractors, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). By entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  1. Indemnity

You agree to indemnify and hold TurboBid (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners, and officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expenses (including, without limitation, costs and reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise), or investigation made by any User or third party (each, a “Claim”) due to or arising out of (a) your use of the Digital Services or Content, (b) information you provide or we obtain about you and your use of the Digital Services, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations or (e) the actions or inactions of any third party to whom you grant permission to use your user account to access the Digital Services (including the sharing of your Credentials). TurboBid reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of TurboBid. TurboBid will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  1. Disclaimers

THE TURBOBID DIGITAL SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE TURBOBID DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. TURBOBID DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TURBOBID DIGITAL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TURBOBID WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TURBOBID CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO. AS PART OF THE TURBOBID DIGITAL SERVICES, TURBOBID MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE WE ENDEAVOR TO ENSURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT A VEHICLE OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE TURBOBID DIGITAL SERVICES BY A SELLER IS COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE TURBOBID DIGITAL SERVICES (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION, OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, WITH RESPECT TO VEHICLES POSTED, THE MILEAGE OR KILOMETERS) DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), TURBOBID IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. TURBOBID ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. TURBOBID DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE TURBOBID DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE TURBOBID DIGITAL SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL TURBOBID BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE TURBOBID DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE TURBOBID DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE TURBOBID DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE TURBOBID DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH TURBOBID OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. TURBOBID CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE TURBOBID DIGITAL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), LOST PROFIT, DATA LOSS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TURBOBID IS NOT LIABLE, AND YOU AGREE NOT TO HOLD TURBOBID RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE DIGITAL SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE DIGITAL SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE DIGITAL SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE DIGITAL SERVICES; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE DIGITAL SERVICES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CAD DOLLARS ($100) OR (B) AMOUNTS YOU’VE PAID TURBOBID IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILIATES, SERVICE PROVIDERS OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Third Party Services and Ads

The Digital Services may include links to third-party websites, applications, or other services (such as social media platforms) and advertisements for third parties (collectively referred to as “Third-Party Services & Ads”). These Third-Party Services and Ads are not controlled by TurboBid, and TurboBid is not responsible for any Third-Party Services and Ads. TurboBid provides these Third-Party Services and Ads solely as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations regarding Third-Party Services and Ads. Your use of Third-Party Services and Ads is at your own risk. When you access Third-Party Services and Ads through links provided on the Digital Services, you are subject to the terms and policies of the relevant third party, including their privacy policies.

  1. Third Party Affiliate Marketing

We engage in affiliate marketing and may include third-party affiliate links on some of our Digital Services. This means that we may receive a commission when you click on or make purchases through these third-party affiliate links.

  1. Local Regulations
  • TurboBid does not guarantee that the Digital Services or Content are suitable or accessible for use outside of Canada, including its territories and protectorates. If you decide to access the Digital Services or Content from other locations, you do so at your own discretion and assume any associated risks.
  • You are accountable for adhering to local laws, where applicable. You expressly agree to abide by all relevant laws regarding the transmission of technical data from Canada or any other country where you reside.

21.Term and Termination These Terms of Use become effective once you access the Digital Services through any means and remain in force until properly terminated. Certain terms persist even after termination, as outlined below. TurboBid reserves the right, at its sole discretion, to terminate your Credentials (including your password, account, or any portion thereof) or your usage of the Digital Services, and to delete or discard any User Content or information transmitted, sent, or received via the Digital Services without prior notice and for any reason or no reason. Reasons for termination may include, but are not limited to: (i) allowing another individual or entity to utilize your identification to access the Digital Services (including sharing your Credentials), (ii) any unauthorized access or use of the Digital Services (including through the use of your Credentials), (iii) any breach of this Agreement, or (iv) tampering with or modifying any software, data files, and/or Content within or accessed through the Digital Services. You have the right to terminate your user account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services shall not affect any rights or remedies to which TurboBid may be entitled, whether at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically cease and revert to TurboBid and its licensors, while all rights granted by you to TurboBid shall endure indefinitely. Despite any termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services, the following provisions of this Agreement will persist: Sections 2 – 30.

  1. Entire Agreement

This Agreement, which encompasses the Privacy Notice and any supplementary guidelines, terms, procedures, or regulations applicable to specific features of the Digital Services, constitutes the complete understanding between you and us regarding the use of the Digital Services. Our failure to exercise or enforce any right or provision of this Agreement shall not serve as a waiver of such right or provision. The section headings in this Agreement are for convenience only and do not carry any legal or contractual weight. The term “including” signifies “including without limitation.” If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remaining provisions of this Agreement will remain intact, and the invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable to the fullest extent permitted by law.

  1. Changes to this Agreement

We reserve the right to make future revisions to this Agreement, which will be effective prospectively. These revisions may be communicated by posting an updated version on the Digital Services or by notifying you directly through email or other means within the Digital Services. By using the Digital Services, you consent to receiving notifications of any updates to this Agreement through our posting of an updated version. It is your responsibility to check this page or relevant section regularly to stay informed about the current version of the Agreement. Your ongoing use of the Digital Services will be considered as an unequivocal acceptance of any such revisions.

  1. Dispute Resolution (Arbitration Clause and Class Action Waiver)

PLEASE REVIEW THIS SECTION CAREFULLY. IT IMPACTS YOUR RIGHTS. 24.1 Except for claims regarding infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any disputes between you and TurboBid arising from or related to this Agreement must be settled through binding arbitration as outlined in this section. This arbitration agreement is intended to be interpreted broadly and encompasses all disputes concerning your use of any of the Digital Services. 24.2 BY ENTERING INTO THIS AGREEMENT, YOU AND TURBOBID EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. BOTH PARTIES AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. 24.3 The arbitration will be conducted according to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the Canadian Arbitration Association, with modifications outlined in this section. For claims seeking an award of $10,000 or less, the arbitration will be based solely on written submissions and will not involve personal appearances by the parties or witnesses unless mutually agreed upon. If the claim exceeds $10,000, the right to a hearing will be determined by the Canadian Arbitration Association rules, and any hearing must occur in your choice of the following locations: Toronto, Montreal, or Vancouver. The arbitrator’s decision is binding and can be enforced as a judgment in any court with jurisdiction. If a court finds this arbitration agreement unenforceable, disputes that would have been arbitrated will be exclusively brought in courts located in Toronto, Ontario. Claims related to infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in courts located in Toronto, Ontario.

  1. No Waiver

Failure or delay by TurboBid in exercising any right, power, or privilege under this Agreement shall not constitute a waiver of such right. Additionally, any single or partial exercise of any right, power, or privilege shall not prevent further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

  1. Governing Law

This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of Toronto, Ontario, Canada, without giving effect to any law that would result in the application of the law of another jurisdiction.

  1. Copyright Infringement Claims Policy

Copyright Infringement Claims Policy: At TurboBid, we are committed to upholding copyright laws and protecting the intellectual property rights of others. If you believe that any content on our digital services infringes upon your copyright, please follow the steps outlined below:

  1. Notification: Notify us in writing with the following information:
    • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
    • Identification of the copyrighted work claimed to have been infringed.
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to locate the material.
    • Your contact information, including your address, telephone number, and email address.
    • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  2. Action: Upon receipt of a valid copyright infringement notice, we will promptly remove or disable access to the allegedly infringing content.
  3. Counter-Notification: If you believe that the content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification. This must include:
    • Your physical or electronic signature.
    • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or access to it was disabled.
    • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
    • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the courts in Ontario, Canada.
  4. Resolution: Upon receipt of a valid counter-notification, we may reinstate the removed content unless we receive notice from the original complainant that they have filed an action seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
  5. Contact: All notices of copyright infringement claims and counter-notices should be sent to our designated copyright agent at the following address: [Your Contact Information]

Please note that this procedure is exclusively for notifying us of copyright infringement claims and counter-notices. Any other inquiries should be directed to our customer service department. We may notify our users in Canada if we receive a notice of infringement through a general notice on our website, email to a user’s email address in our records, or by written communication sent by mail to a user’s physical address in our records. If you receive such a notice, you may provide a counter-notification in writing to the designated agent. For the counter-notification to be effective, it must be a written communication containing the following:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or disabled, and the location where the material appeared before it was removed or access was disabled.
  • A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
  • Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of the courts in [insert relevant jurisdiction] and that you will accept service of process from the person who provided notification of allegedly infringing material or their agent.
  1. Apple App Store Additional Terms and Conditions

The following additional terms and conditions apply if you are using an app from the Apple App Store (an “Apple App”). If any terms and conditions in this Section 28are less restrictive or conflict with those in the rest of this Agreement, the more restrictive or conflicting terms in this Section 29 apply exclusively to Apple Apps from the Apple App Store. Acknowledgment: TurboBid and you recognize that this Agreement solely involves TurboBid and you, and not Apple. TurboBid, not Apple, bears sole responsibility for the Apple App and its content. Any usage rules for Apple Apps provided in this Agreement that are less restrictive than or conflict with the App Store Terms of Service will defer to the more restrictive or conflicting Apple terms. License Scope: The license granted for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control, and as permitted by the usage rules outlined in the App Store Terms of Service. Maintenance and Support: TurboBid is solely responsible for providing any maintenance and support services for the Apple App as specified in this Agreement, if any, or as required under applicable law. Apple bears no obligation to furnish any maintenance and support services for the Apple App. Warranty: TurboBid is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App. Apple disclaims all other warranties with respect to the Apple App. Product Claims: TurboBid, not Apple, is responsible for addressing any claims relating to the Apple App or its use, including product liability claims, legal or regulatory compliance claims, and claims under consumer protection legislation, including those in Canada. Intellectual Property Rights: TurboBid, not Apple, is responsible for handling any third-party claims of intellectual property infringement related to your possession or use of the Apple App. Legal Compliance: You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, you confirm compliance with Canadian laws and regulations. Developer Contact Information: For any end-user questions, complaints, or claims regarding the Apple App, you may contact TurboBid via email at info@turbobid.ca. Third-Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Apple App. Third-Party Beneficiary: TurboBid and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce it against you as a third-party beneficiary. 29.Google Play Store Additional Terms and Conditions The following additional terms and conditions apply if you are using an app from the Google Play Store (a “Google App”). If any terms and conditions in this Section 29are less restrictive or conflict with those in the rest of this Agreement, the more restrictive or conflicting terms in this Section 29 apply exclusively to Google Apps from the Google Play Store. Acknowledgment: TurboBid and you acknowledge that this Agreement solely involves TurboBid and you, and not Google. TurboBid, not Google, bears sole responsibility for the Google App and its content. License Scope: The license granted for the Google App is limited to a non-transferable license to use the Google App on an Android Product that you own or control, and as permitted by the usage rules outlined in the Google Play Store Terms of Service. Maintenance and Support: TurboBid is solely responsible for providing any maintenance and support services for the Google App as specified in this Agreement, if any, or as required under applicable law. Google bears no obligation to furnish any maintenance and support services for the Google App. Warranty: TurboBid is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Google App to meet any applicable warranty, you may notify Google, and Google will refund the purchase price for the Google App. Google disclaims all other warranties with respect to the Google App. Product Claims: TurboBid, not Google, is responsible for addressing any claims relating to the Google App or its use, including product liability claims and legal or regulatory compliance claims. Intellectual Property Rights: TurboBid, not Google, is responsible for handling any third-party claims of intellectual property infringement related to your possession or use of the Google App. Legal Compliance: You represent and warrant that you are not located in a country subject to U.S. export restrictions and that you will comply with all applicable laws and regulations in the jurisdiction where you reside. Developer Contact Information: For any end-user questions, complaints, or claims regarding the Google App, you may contact TurboBid via email at info@turbobid.ca. Third-Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Google App. Third-Party Beneficiary: TurboBid and you acknowledge and agree that Google, and Google’s subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Google will have the right to enforce it against you as a third-party beneficiary.

  1. Copyright/Trademark Information

Copyright © 2020, TurboBid. All rights reserved. All trademarks, logos, and service marks (“Marks”) appearing on the TurboBid platform are our property or the property of third parties. You are prohibited from using these Marks without obtaining our prior written consent or the consent of the respective third party that owns the Marks.

  1. Contact Us.

If you have any questions about this Agreement, you may contact us by email at privacy@turbobid.ca.

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