Effective Date: These terms become effective upon Dealer’s acceptance, which may be provided in writing (including email or text message) or orally.
1. Overview
These Terms and Authorization govern the permission granted by Dealer to Company to market and promote Dealer’s equipment inventory.
By providing acceptance, whether written or oral, Dealer authorizes Company to use, distribute, and promote Dealer’s inventory in accordance with these terms.
2. Grant of Authorization
Dealer grants Company a non-exclusive, revocable, and unrestricted right to:
- Access, use, reproduce, display, and distribute Dealer’s equipment listings, including images, specifications, pricing, and descriptions
- Publish and distribute listings across Company-owned platforms and any third-party platforms, including but not limited to websites, marketplaces, advertising channels, and social media
- Use Dealer’s business name, trade name, and associated branding in connection with such marketing activities
Company may determine, in its sole discretion, how, where, and to what extent listings are promoted.
3. Listing Modifications and Marketing Control
Dealer authorizes Company to edit, modify, reformat, enhance, or otherwise adjust all listing content for any purpose, including marketing performance, platform requirements, or strategic positioning.
This includes, without limitation:
- Changing titles, descriptions, and formatting
- Adding, removing, or summarizing content
- Incorporating marketing language, calls to action, or financing-related messaging
Company shall have full discretion over presentation and is not required to obtain prior approval for any such modifications.
4. Lead Capture and Communications
Dealer acknowledges that Company may, but is not obligated to:
- Receive, capture, respond to, or manage inquiries generated through its marketing efforts
- Screen, qualify, or communicate with prospective buyers
- Determine if, when, and how any inquiry is shared with Dealer
Company may also present, facilitate, or refer financing or other services in connection with any inquiry.
5. No Obligation to Perform
Nothing in these terms requires Company to:
- Market any specific inventory
- Maintain any listing
- Generate leads or inquiries
- Continue any marketing activity for any period of time
All activities are conducted at Company’s sole discretion.
6. Non-Circumvention
Dealer agrees not to knowingly circumvent Company in connection with transactions that originate from Company’s marketing activities for the purpose of avoiding Company’s involvement in the transaction flow.
7. Dealer Responsibilities
Dealer is solely responsible for:
- The accuracy and completeness of all inventory information provided
- Ensuring it has the legal right to market and sell the equipment
- Managing inventory availability, pricing, and transaction execution
Company shall have no responsibility for verifying listing accuracy.
8. Independent Parties
The parties are independent and nothing in these terms creates any partnership, joint venture, agency, or fiduciary relationship.
Company does not act as Dealer’s agent or representative.
9. Term and Termination
This authorization remains in effect until terminated by either party.
Company may modify, suspend, or cease marketing activities at any time, with or without notice.
Dealer may request removal of listings, and Company may determine the timing and manner of such removal.
10. Limitation of Liability
To the fullest extent permitted by law, Company shall have no liability arising from:
- The use, modification, or distribution of Dealer’s listings
- Any marketing activities or lack thereof
- Any transactions or interactions between Dealer and prospective buyers
Dealer assumes all risk associated with the marketing and sale of its inventory.
11. Acceptance
Dealer may accept these Terms and Authorization through:
- Written confirmation, including email or text message
- Verbal or oral agreement
- Conduct indicating assent, including allowing Company to access or use inventory information
Any such acceptance constitutes a binding agreement.
12. Website Access and Data Use Authorization
Dealer expressly authorizes Company to access, collect, copy, and use inventory information from Dealer-controlled sources, including websites, feeds, and listings, whether manually or through automated means.
This authorization applies notwithstanding any terms, notices, or restrictions contained on Dealer’s website or platforms relating to scraping, automated access, or data use, to the extent such restrictions would otherwise limit the activities authorized herein.