Last Updated November 17, 2022
These Motors Reseller Dealer Terms and Conditions (“Dealer Agreement”) are entered into between OfferUp Inc. (“OfferUp”) and the dealership purchasing the Services through a Reseller Partner (“Customer”). Customer has purchased the OfferUp Autos Advertising Service (“Service”) through an authorized OfferUp reseller partner (“Reseller Partner”) by executing the Reseller Partner’s contract (“Reseller Contract”). Customer must also acknowledge and agree to this Dealer Agreement prior to going live on the OfferUp platform. Along with the Reseller Contract, Customer’s use of the Services are governed by this Dealer Agreement and the OfferUp Auto Advertising Terms of Use located at https://about.offerup.com/autos-terms/ (the “OfferUp Service Terms”). Any conflict that may arise between the Reseller Contract and the OfferUp Service Terms will be settled in favor of the OfferUp Service Terms. As such, Customer’s use of the Services are subject to the following:
Agreement Acknowledgment.
By purchasing the OfferUp Services through your Reseller Partner, you agree to and acknowledge acceptance of the OfferUp Service Terms. If you do not wish to agree to the OfferUp Service Terms, do not purchase the OfferUp Services from the Reseller Partner.
Pricing.
Pricing for the Services may vary for different Customers and may be adjusted from time to time. Notice of any price adjustments will be provided to Customer by the Reseller Partner. If Customer does not agree to any price adjustments following receipt of notice, Customer’s sole remedy is to terminate its use of the Services in accordance with their Reseller Contract.
Term.
The Service will remain in effect for the term set forth in the Reseller Contract (“Term”). Unless earlier terminated by either party, the Services will continue in full force until terminated by either party in accordance with Reseller’s Contract.
Termination.
Customer may terminate their use of the Services by following the termination obligations set forth in Reseller’s Contract. OfferUp may terminate Customer’s use of the Services by sending 5 business days notice to the email Customer has on file with Reseller Partner. Notwithstanding, this Dealer Agreement will terminate immediately upon termination of the Reseller Contract between Customer and Reseller Partner.
Customer Performance Data.
Customer authorizes OfferUp to share information about Customer’s use of the Service, including performance data and dealer reports, with Customer’s Reseller Partner throughout the Term of this Dealer Agreement.
User Messages.
Unless managed chat is provided as outlined in the Reseller Contract, Customer acknowledges that Customer, and not Reseller Partner or OfferUp, is fully responsible for responding to all user messages on Customer’s OfferUp listings.
Acknowledgment.
By entering into this Dealer Agreement, Dealer represents and warrants to OfferUp that (a) it is an auto dealership, duly organized, validly existing, and in good standing under the laws where it is conducting business, and where such qualification is required, and fully licensed to sell motor vehicles within the jurisdiction, (b) has the full right, power, and authority to enter into this Dealer Agreement and to perform its obligations hereunder, and (c) has obtained all licenses, authorizations, approvals, consents, or permits required by applicable laws (including the rules and regulations of all authorities having jurisdiction over the operation of its business as it relates to this Dealer Agreement).
Concierge
. If Customer is signing up for OfferUp Concierge Service, OfferUp’s managed chat support service, OfferUp will reply to the chat messages Customer receives from users through the OfferUp app and provide limited responses and answers solely as OfferUp deems appropriate (“Concierge”). OfferUp makes no representations or warranties as to the accuracy of the responses and information provided by OfferUp nor guarantees on service level availability or response times. Customer wholly acknowledges that the OfferUp Concierge Service is provided on an “as is” basis.
Inventory Command Center.
Where applicable, Customer grants Inventory Command Center, a division of J.D. Power, the authority to aggregate and pull Customer’s inventory data for use and display on the OfferUp platform.
Privacy Policy.
By entering into this Dealer Agreement, Dealer acknowledges that they have read, understand and acknowledge the terms of the OfferUp Privacy Policy (located here: https://offerup.com/privacy).
Dealer also agrees that OfferUp may contact Dealer via email or phone about matters relating to this Dealers Agreement.
Governing Law.
Use of the OfferUp Services is governed by Washington State law.