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Terms of Use

Effective Date: Sept 22 2024

Welcome to Next Auction, operated by Rhomega LLC, a Wyoming limited liability company. These Terms and Conditions ("Terms") govern your use of the Next Auction platform, services, and associated tools (collectively, the “Services”). By accessing or using our Services, you agree to these Terms. If you do not agree, please refrain from using our Services.

1. Scope of Services

Next Auction, operated by Rhomega LLC, is a software-as-a-service (SaaS) platform that connects car sellers (“Sellers”) with bidders and dealers (“Bidders”) for the purpose of buying and selling vehicles through online auctions. The platform is a technology service provider only — we do not own, inspect, recondition, or guarantee any vehicles listed on the platform.

The Services act solely as a meeting place between Sellers and Bidders. The actual contract for sale for any vehicle listed through the Services is formed directly between the Seller and the winning Bidder. Rhomega LLC is not a party to that transaction.

When we use the word “you” in these Terms, it refers to any user of the platform, whether as a Seller, Bidder, registered user, or unregistered visitor. If we use those specific terms, it refers only to that category of user.

Responsibilities of Sellers and Bidders

Each Seller acknowledges and agrees to make reasonable efforts to complete the sale of their vehicle if there is a winning bid. Each Bidder acknowledges and agrees that bids are binding, and if they win an auction, they are responsible for paying the purchase price, the applicable buyer's fee, and all required government fees, title, registration, and taxes associated with the vehicle.

While we enable the listing and bidding process, we do not vet or verify each vehicle’s condition, title status, history, or suitability for purchase. We do not independently verify the identity, license, or representations of any Seller or Bidder, and we do not guarantee the accuracy or truthfulness of any content provided by users.

Sellers are not employees, agents, or contractors of Rhomega LLC. We do not control or guarantee their actions or obligations, nor do we assume responsibility for any part of the transaction process or vehicle delivery.

2. User Accounts

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, complete, and updated information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. User Conduct

You agree not to use the Services to:

  • Violate any applicable laws or regulations.
  • Impersonate another person or entity.
  • Interfere with or disrupt the platform’s functionality.
  • Upload or transmit malicious code or viruses.
  • Collect information from other users beyond what is necessary for transactions.

Accounts found violating these provisions may be suspended or terminated at our sole discretion.

4. Listings and Bidding

Sellers are responsible for the accuracy and completeness of their listings. By listing a vehicle, sellers commit to making reasonable efforts to complete the sale if a winning bid is received. Bidders are responsible for conducting due diligence before placing bids. All bids are binding, and winning bidders are obligated to complete the purchase, including paying all applicable fees and taxes.

5. Fees

  • Sellers: Listing vehicles on Next Auction is free. Sellers receive 100% of the final sale price.
  • Buyers: Winning bidders are required to pay a buyer's fee of 5% of the winning bid amount, with a minimum of $250 and a maximum of $7,500. This fee is charged immediately upon auction end.

6. Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Rhomega LLC, its licensors, suppliers, partners, affiliates, or any of their respective officers, directors, employees, agents, representatives, or successors (collectively, the "Next Auction Parties") be liable to you or to any other person for:

  • (a) Any indirect, special, incidental, punitive or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction.
  • (b) Any substitute goods, services, or technology.
  • (c) Any amount, in the aggregate, in excess of the greater of (i) one-hundred ($100) dollars or (ii) the amounts paid and/or payable by you to Rhomega LLC in connection with the Services in the twelve (12) month period preceding the applicable claim.
  • (d) Any matter beyond our reasonable control.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

7. SMS Communications & Compliance

By providing your mobile number, you consent to receive communications via SMS related to account updates, bidding activity, notifications, and marketing (if opted in). Message and data rates may apply. You can opt out of promotional SMS at any time by replying "STOP".

We comply with the Telephone Consumer Protection Act (TCPA) and other applicable federal and state communications regulations. We do not sell your mobile information to third parties.

8. No Warranty

The Services and all content provided by Rhomega LLC and its licensors and suppliers are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free.

Rhomega LLC does not make any representations or warranties regarding the content or the services offered through or in connection with the platform, including any vehicles listed or sold. We make no guarantees about the quality, legality, accuracy, or safety of any vehicle or listing, or any content provided by users. Any vehicle or service offered through the Services is provided "AS IS" without any warranty from Rhomega LLC or the Next Auction Parties.

Some states do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.

9. Indemnity

You agree to indemnify and hold harmless the Next Auction Parties from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to:

  • (a) your use of the Services (including any actions taken by a third party using your account), and
  • (b) your violation of these Terms.

We will attempt to provide notice to you of any such claim using the contact information associated with your account, though failure to deliver such notice will not eliminate or reduce your indemnification obligations.

10. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Laramie County, Wyoming, unless the parties agree otherwise in writing. You waive your right to file or participate in a class action lawsuit or class-wide arbitration.

11. Anti-Suit Clause

You agree not to bring or participate in any legal action or proceeding against Rhomega LLC or its partners in any court other than those set forth in Section 12 below. This clause aims to prevent forum shopping and protect the intended dispute resolution mechanism.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles. Any legal action, arbitration, or proceeding shall take place in Laramie County, Wyoming.

13. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated to users, and continued use of the Services after such changes constitutes your agreement to the updated Terms.

14. DMCA Notice and Takedown Policy

We respect the intellectual property rights of others and comply with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on our platform infringes your copyright, please submit a written notice with the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the allegedly infringing material is located on the site.
  • Your contact information, including address, phone number, and email.
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Please send DMCA notices to:

Rhomega LLC – DMCA Agent
[Insert Mailing Address]
Email: [Insert DMCA-specific email]

Upon receipt of a valid DMCA notice, we will promptly investigate and, if appropriate, remove the allegedly infringing content. We may also terminate accounts of repeat infringers.

15. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review it carefully. By using our Services, you consent to the collection and use of your information in accordance with the Privacy Policy.

16. Contact

For questions or concerns about these Terms, please contact:

Rhomega LLC
1021 E Lincolnway Suite #6388, Cheyenne, WY, Laramie, US, 82001

Email: mario@next.auction