NOTICE TO AUCTIONS PARTICIPATING IN SIRIUSXM’S AUCTION REFRESH PROGRAM, THE FOLLOWING TERMS & CONDITIONS APPLY:
TERMS & CONDITIONS: : By participating in SiriusXM’s Auction Refresh Program, Auction understands and agrees that Sirius XM Radio LLC. (together with its subsidiaries, "Sirius XM") requires the use of Auction data, including VIN, to activate SiriusXM services in vehicles with factory-installed satellite radios ("Satellite Equipped Vehicles") and related business purposes (for such purposes, collectively, the “Program”). SiriusXM agrees that it will not use Auction data for any purpose other than the Program, and that it will not sell nor share Auction data with anyone without Auction Owner/Representative’s express written consent, other than those SiriusXM contractors used in connection with carrying out the Program. Therefore, Auction agrees to share with SiriusXM (or its contractor) its Auction data on an on-going basis for use in connection with the Program and Auction agrees to take all necessary action required to facilitate such sharing of data with SiriusXM. To the extent such data will be shared through Auction’s Auction Management System (AMS) or other provider, Auction authorizes and instructs such AMS or other provider to share Auction data with SiriusXM (or its contractor). Auction agrees that if it’s Auction data is aggregated with the data of sister or affiliate auctions, then Auction is authorized to share (or permit the sharing of) data on behalf of such sister or affilate auctions in the same manner of use in connection with the Program. Auction also understands that SiriusXM relies on its sources for the accuracy and reliability of its information, and therefore only data from Auction that is accurate, complete and reliable shall facilitate the purposes of the Program.
SiriusXM relies on its sources for the accuracy and reliability of its information, and therefore only data from Auction that is accurate, complete and reliable shall facilitate the purposes of the Program.
By participating in the Program, Auction agrees that the Terms & Conditions set forth herein, and those incorporated by reference, shall serve as an “Agreement,” and Auction agrees to be bound hereby as of the date of Auction initial participation in the Program or Auction’s submission of an Authorization Form, whichever is earlier. Auction has read, agrees with, and accepts all of the terms of this Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. This Agreement encompasses obligations which apply to Auction, to SiriusXM, and to SiriusXM’s contractors who will have access to Auction data. This Agreement shall be binding on Auction’s successors and assigns. The Program, in whole or in part, may be modified or terminated at any time and without Auction’s prior notification or consent.
Each party agrees that it will comply with all applicable legal obligations relating to privacy, security, integrity, and confidentiality of data collected from Auction. Auction data shall not include personally identifiable information.
NEITHER SIRIUSXM NOR ANY OTHER CONTRACTOR OF SIRIUSXM, NOR YOUR AMS OR OTHER DATA PROVIDER, SHALL BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE THAT MAY ARISE IN CONNECTION WITH THE PROGRAM EVEN IF SUCH PARTY HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, REGARDLESS OF PRINCIPLES OF CONFLICTS OF LAWS THAT MAY REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. ANY ACTION OR LITIGATION CONCERNING THIS AGREEMENT WILL TAKE PLACE EXCLUSIVELY IN THE FEDERAL OR STATE COURTS SITTING IN NEW YORK, NEW YORK, AND THE PARTIES EXPRESSLY CONSENT TO THE JURISDICTION OF AND VENUE IN SUCH COURTS AND WAIVE ALL DEFENSES OF LACK OF JURISDICTION AND INCONVENIENT FORUM WITH RESPECT TO SUCH COURTS.
SIRIUSXM RESERVES THE RIGHT TO CHANGE THE TERMS & CONDITIONS OF THE PROGRAM AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON THE POSTING OF THE CHANGES ON : SiriusXMforAuctions.com (THE “SITE”) OR UPON AUCTION’S RECEIPT OF SUCH CHANGED TERMS & CONDITIONS, WHICHEVER IS EARLIER. AUCTION’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH UPDATE WILL CONSTITUTE AUCTION’S ACCEPTANCE OF SUCH CHANGED TERMS & CONDITIONS. AUCTION SHOULD FREQUENTLY REVIEW THE TERMS & CONDITIONS ON THE SITE FROM TIME TO TIME TO UNDERSTAND THE TERMS THAT APPLY TO ITS PARTICIPATION IN THE PROGRAM.
Either party may terminate Auction’s participation in the Program for any reason or no reason upon 30-days written notice to the other party, or immediately upon the other party’s breach of this Agreement. Auction shall provide such notice to Sirius XM Radio LLC, Attention: Automotive Remarketing, 27200 Haggerty Road, Suite B-5 Farmington Hills, MI 48331.
Last Updated: October 7, 2022
