In these Avid Autos LLC Online Payment Terms and Conditions (the “Online Payment Terms and Conditions”), “you” and “your” mean each customer and collectively all customers on an Account, as defined below, and/or each user of the Website, as applicable; “we”, “us”, and “our” mean Avid Autos LLC and “Website” means avidautos.com, and our mobile websites.
If you are our customer, by clicking “I Accept” you agree to the Online Payment Terms and Conditions, Online Privacy Policy, and Website Terms of Use. If you are not a customer or a customer using other than your Online Account Services, as defined below, you agree to the Online Privacy Policy and Website Terms of Use by use of the Website.
The Online Policies and Agreements means this Online Payment Terms and Conditions, Online Privacy Policy and/or Website Terms of Use.
You are our customer and have one or more accounts with us (each an “Account”, collectively, your “Accounts”) and are registered or registering for online account services on the Website (“Online Account Services”).
Communications Consent
We, our agents, and service providers or any assignees of the foregoing (individually and collectively, as applicable in this Communications Consent section, we or our) may call you, leave you a voice, prerecorded or artificial voice message, or send you a text, e-mail or other electronic message for any purpose related to your Accounts, the products and services, or surveys or research (each a “Communication”). We may include your personal information in a Communication and any contact information we have for you, including a cell phone number. We will not charge you for a Communication but your service provider may do so.
You understand and agree to the terms of this Communication Consent section and that we may always communicate with you in any manner permissible by law that does not require your consent.
The Online Policies and Agreements also apply when you access the Website using your mobile phone, smartphone, or other mobile device (each a “Mobile Device”). We will not charge you to access the Website using a Mobile Device. However, your Mobile Device access service provider may charge you access rates and fees. To access the Website using your Mobile Device, the Website must support your Mobile Device.
Privacy Choices for Personal Family or Household Purpose Accounts
You may access our Privacy Policy when you register for an Account at https://avidautos.com/privacy-policy/. If your Account is for personal, family, or household purposes, you will have privacy choices regarding the use and sharing of your customer information. You may change those privacy choices in accordance with our Privacy Policy to limit our ability to share. Please refer to our Privacy Policy for a full explanation of the privacy choices applicable to you.
Online Bank Payment Terms and Conditions
General Description of Online Payment Features
Online payment options are a service available to users who register an Account. Except as otherwise explained in these Online Payment Terms and Conditions, you may use the ‘Online Payment’ function to authorize one-time electronic payment in connection to your Account (“Online Bank Payment”) to purchase an item from another user. You acknowledge that the origination of electronic debit transactions to your bank account must comply with the provisions of United States law and the rules of the National Automated Clearinghouse. Payments made using a credit/debit card are done by an outside vendor, and by choosing that method, you will separately agree to their terms and conditions.
Choosing the Amount and Post Date of Payments using the Online Bank Payment feature
Using the Online Bank Payment feature, you may authorize a one-time payment in an amount that is equal to or less than the purchase price of an item that you purchase from another user.
The posting date for a one-time payment that is made to pay for an item that you purchase from another user shall be the date that the payment is made.
Regardless of the payment amount or payment effective date you make using the Online Bank Payment feature, you are responsible for complying with all of the terms and conditions of your Account. You understand and agree that when using the Online Bank Payment feature to make a payment, any payment posted and/or scheduled after 4:30 PM Pacific Standard or Daylight Time will be processed and credited to your Account on the following business day.
Prepayment of your Account
You understand and agree that if you schedule a one-time payment using Online Bank Payment, that payment will be processed. You may contact the seller of the item you purchased for a refund.
Insufficient Funds
Funds must be available in the linked bank account when an Online Bank Payment electronic payment is processed against that account. If a scheduled Online Bank Payment fails because the linked bank account contains insufficient funds to satisfy the entire amount of your scheduled payment, you are not relieved of your responsibility to timely pay any amount then due in accordance with the terms and conditions of your purchase.
Fees for use of “Pay Online”
Nothing in this paragraph relieves you of your responsibility to pay any amount, fee, or charge you may owe in connection to purchasing an item or service from another user. You will be responsible for paying any amount you may owe other persons or companies related to the use of Pay Online or any bank account linked to Pay Online. Credit and debit card payments are made through a third party will be charged a convenience fee, and a bank may charge a fee in connection with electronic payments debited to (or taken from) a bank account you have linked to your Account in Pay Online.
Account Management E-mail Address
When e-mails are sent to you related to Pay Online, they will be sent to the e-mail address you identify in your registration records for Online Account Services (your “Account Management E-mail Address”). If your Account Management E-mail Address changes or becomes disabled, you will notify us immediately by updating your e-mail address on the Account Profile section of the Website. You understand and agree we may send e-mails to your Account Management E-mail Address whether or not that address includes a designation for delivery to the attention of any particular person and whether or not anyone other than you is able to access and/or read e-mails sent to your Account Management E-mail Address.
E-mail Notifications
You will receive various e-mail notifications regarding your activities as a user on the payment center, such as e-mails confirming scheduled payment or confirmation of a payment. If a payment is unsuccessful, we will send you an e-mail notification of such failed attempt. You agree to consent to receiving both such e-mail notifications and any other such related e-mail notification that contains information regarding return of payment, payment amount, payment date, and other related sensitive information.
Prohibited Conduct
You will not use any of the above described features to: (a) conduct any fraudulent or illegal activity; (b) violate any statute, regulation, or other legal authority; (b) violate our trademark, service mark, copyright, or other intellectual property rights or those of any other person or company; (c) violate our other property or privacy rights or those of any other person or company; (d) interfere with or obtain unauthorized access to our computer systems or those of any other person or company; nor (e) impersonate our identity or that of any other person or company.
Accuracy of Information
You represent and agree that all information you provide to us in connection with your Account thereof is true, correct and complete. You agree not to misrepresent your identity or your authority to view Account information or to make an electronic payment.
Protect Your Personal Information
You will keep your Account password (your “Password”) secret. You will tell us immediately if you believe there has been an unauthorized use of your Password or your Account by contacting our Customer Service Department. We will not be responsible for any loss or damage you may suffer as a result of someone using your Password, whether with or without your permission or knowledge. If you give your Password to someone else or allow someone else to use your Account, you will be responsible for all actions taken by that person, including, without limitation, the making of a payment, even if that person exceeds your permission.
Other Agreements You Have with Us
The Payment Terms and Conditions will not change any of the terms and conditions of your Account. If the Payment Terms and Conditions contradicts any of the terms of your Account, the terms of your Account control.
Indemnification
You agree to indemnify and hold us and our agents, officers, employees, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses (including, without limits, reasonable attorneys' fees and costs) caused directly or indirectly by or arising directly or indirectly out of your use of your Account including any above described features or your violation of any of our online Policies, Agreements, or Website Terms of Use. When you agree to indemnify and hold another person or company harmless, you agree to protect, defend, and pay for certain amounts. You will not be responsible for indemnifying us or holding us harmless from any claims, liabilities, damages, costs, or expenses caused solely by or solely arising out of the gross negligence or intentional misconduct of us, our agents, officers, employees, or affiliates.
DISCLAIMER OF WARRANTIES
WE DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING YOUR ONLINE SERVICES AND THE PAY ONLINE FEATURES THEREOF AND THE INFORMATION PROVIDED OR TO BE PROVIDED THROUGH THOSE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO GUARANTY OR PROMISE THAT ONLINE ACCOUNT SERVICES OR THE PAY ONLINE FEATURES THEREOF WILL BE UNINTERRUPTED, ON TIME, SECURE, OR WITHOUT MISTAKE OR ERROR.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WE WILL NOT BE LIABLE FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY OR ARISING DIRECTLY OR INDIRECTLY OUT OF THE FOLLOWING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, (a) THE USE OF YOUR ONLINE ACCOUNT SERVICES OR THE PAY ONLINE FEATURE THEREOF; (b) THE FAILURE, INTERRUPTION, OR AVAILABILITY OF YOUR ONLINE ACCOUNT SERVICES OR THE PAY ONLINE FEATURES THEROF; (c) THE TIMELINESS, ACCURACY, COMPLETENESS, MISDELIVERY, OR THE FAILURE IN DELIVERY OF ANY SERVICES OR INFORMATION, INCLUDING E-MAILS, AVAILABLE OR TO BE MADE AVAILABLE OR DELIVERED THROUGH OR AS A PART OF YOUR ONLINE ACCOUNT SERVICES OR THE PAY ONLINE FEATURES THEREOF; (d) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY INFORMATION, NOTICES OR OTHER COMMUNICATIONS OF OR RELATED TO YOUR ONLINE ACCOUNT SERVICES OR THE PAY ONLINE FEATURES THEREOF; (e) ANY OTHER MATTER RELATED TO YOUR ONLINE ACCOUNT SERVICES OR THE PAY ONLINE FEATURES THEREOF. YOU AGREE THAT WE ARE NOT LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION TO ANY ACT OR OMMISSION BY YOU OR ANOTHER PERSON OR ENTITY, ANY FAILURE OR DELAY IN MAKING THE ONLINE ACCOUNT SERVICES AVAILABLE TO YOU FOR ANY REASON AT ANY TIME, OR CONTENT OR INFORMATION ACCESSED WHILE YOU USE THE ONLINE ACCOUNT SERVICES, OR ANY CAUSE OF ACTION RESULTING FROM YOUR USE OR ATTEMPTED USE OF THE ONLINE ACCOUNT SERVICES IN ANY MANNER.
If any part of the Online Account Services Agreement is not valid, then to the extent possible, that part will be interpreted according to the intent of you and us and the other parts of the Online Account Services Agreement will remain valid. IF YOUR STATE OF RESIDENCE DOES NOT PERMIT A LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DISCLAIMERS OF CERTAIN WARRANTIES AS DESCRIBED IN THE ONLINE ACCOUNT SERVICES AGREEMENT, THEN ALL OR A PORTION OF THOSE SECTIONS MAY NOT APPLY TO YOU.
