Last revised on: [4/21/2021]
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE DIGITAL SERVICES.
THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
SPECIFICALLY, PLEASE TAKE NOTICE THAT
- WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND CLASSIC VEHICLE AUCTIONS REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU; AND
- CLASSIC VEHICLE AUCTIONS IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL AUCTIONEER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE DIGITAL SERVICES. CLASSIC VEHICLE AUCTIONS HAS NEVER: (1) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY VEHICLE LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY VEHICLE LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.
1. Application and Acceptance of this Agreement
This Agreement is a contract in electronic form between you and Classic Vehicle Auctions LLC. This Agreement applies to the extent you use the platform for vehicle listings and information services (the “Digital Services”) in any capacity, including (a) act as a “Buyer,” meaning that you submit bids expressing an intent to purchase vehicles or other products and services listed by a Seller, as defined in section 13(c)(ii); (b) act as a Seller submitting information in connection with the listing of a vehicle or other product or service on a Digital Service by Classic Vehicle Auctions on your behalf; or (c) act as a visitor, registrant, or user in any other capacity permitted by this Agreement. “Users” means, collectively, Buyers, Sellers, visitors, registrants and all other users of the Digital Services.
This Agreement sets forth the legally binding terms governing your access and use of the Digital Services. This Agreement applies to Classic Vehicle Auctions only and does not cover other companies, including third parties that may advertise or sponsor content, products or services on the Digital Services or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Digital Services or any information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, interactive features, or similar representations or media generated, provided, or otherwise made available through or in connection with the Digital Services (collectively, “Content”).
Classic Vehicle Auctions makes no representations or guarantees about any aspect of the Digital Services and Content and does not endorse any opinions expressed by any Users. THE DIGITAL SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OF OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. CLASSIC VEHICLE AUCTIONS HAS NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE DIGITAL SERVICES OR ANY CONTENT.
2. Classic Vehicle Auctions’ Limited Role
Classic Vehicle Auctions is not the creator or owner of the items posted on the Digital Services by Sellers for Buyers to bid on. Rather, Classic Vehicle Auctions provides the Digital Services, which enable Users to access certain features and functionalities, including posting vehicles and other products and services and bidding on such products and services. Sellers are responsible for ensuring that any of their User Content (as defined in Section 8 of this Agreement) meets all applicable local, state, provincial, national and other laws, rules and regulations, and that any goods (including vehicles) and services promoted, offered, or otherwise described on the Digital Services are described in listings and received as described in an accurate satisfactory manner.
Classic Vehicle Auctions does not process payments related to purchases made on the Digital Services.
As part of the Digital Services, Classic Vehicle Auctions may assist Sellers in the creation of their listings (including the content of such listing) but it remains each Seller’s responsibility to make sure that its listings are honest, accurate, and complete.
3. Privacy Notice
In connection with your access to or use of the Digital Services, Classic Vehicle Auctions may obtain information from you directly or about you through the Digital Services. Classic Vehicle Auctions will use your information in accordance with its [Privacy Notice], which describes its privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review Classic Vehicle Auctions’ [Privacy Notice]. The [Privacy Notice] is incorporated into this Agreement and forms part of the Agreement.
4. Accuracy of Your Information & Communication Methods
The information you submit to Classic Vehicle Auctions through the Digital Services, including as part of your account creation, registration or membership, or for any listings, must be truthful, accurate and honest. You are responsible for maintaining the accuracy of such information. If Classic Vehicle Auctions believes that your information is not truthful, accurate or honest, it has the right to terminate, suspend, or refuse you access to the Digital Services.
Classic Vehicle Auctions may send you information relating to your use of the Digital Services (including, but not limited to, payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures, or other communications that Classic Vehicle Auctions sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
5. Age Eligibility and Legal Capacity
The Digital Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Digital Services or provide information to Classic Vehicle Auctions.
By accessing or using the Digital Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Digital Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Digital Services.
6. Your Account; Username, Password, and Other Credentials
You may set up an account to access or use the Digital Services. You are responsible for maintaining the confidentiality of your username, password, and other credentials (your “Credentials”) that you may be asked to create to access the Digital Services or certain features or portions thereof. Classic Vehicle Auctions is not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Classic Vehicle Auctions of any actual or suspected unauthorized use of your Credentials or any other breach of security. Classic Vehicle Auctions is not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
Classic Vehicle Auctions may in its sole discretion maintain different types of accounts for different types of Users. If you open an account to use or access the Digital Services on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Agreement and that you agree to the Agreement on the entity’s behalf.
7. Intellectual and Other Proprietary Rights
The rights granted to you in this Agreement are subject to the following restrictions:
- The Digital Services include Content that is derived in whole or in part from content or materials supplied and owned by Classic Vehicle Auctions, Classic Vehicle Auctions’ licensors, or third parties. As between Classic Vehicle Auctions and you, Classic Vehicle Auctions owns all right, title, and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights throughout the world associated with the Digital Services and Content except, if applicable, with respect to your User Content, as defined in section 8 below.
- You acknowledge Classic Vehicle Auctions’ valid intellectual and proprietary property rights in the Digital Services and Content and that your use of the Digital Services is limited to accessing, viewing, and downloading of the Digital Services and Content, as authorized by Classic Vehicle Auctions. Nothing in this Agreement will be deemed to convey to you any right, title, or interest in such intellectual and proprietary property rights or to the Digital Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.
- You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program, or code), remove, alter, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Digital Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Digital Services or Content. You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Digital Services (including any code used in any software) or Content.
- You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Digital Services or Content unless expressly permitted by Classic Vehicle Auctions in writing. You may not incorporate the Digital Services or Content into, or stream or retransmit the Digital Services or Content via, any hardware or software application or make the Digital Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Digital Services or Content with any third-party content, materials or branding. You also may not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape, or aggregate the Digital Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Digital Services or its servers and infrastructures.
- You may not build a business, in whole or in part, resell, redistribute, recirculate, or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
- To the extent Classic Vehicle Auctions makes the Digital Services or Content available to you via a widget, embedded player, or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
- You are prohibited from disabling, modifying, interfering with, or otherwise circumventing any technology to view the Digital Services or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
Any future release, update, or other addition to functionality of the Digital Services or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Digital Services content or materials must be retained on all copies thereof. Modification or use of the Digital Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.
If you provide Classic Vehicle Auctions any feedback or suggestions for improving or regarding your use of the Digital Services (“Feedback”), you hereby assign to Classic Vehicle Auctions all rights in the Feedback and agree that Classic Vehicle Auctions shall have the right to use such Feedback and related information in any manner it deems appropriate. Classic Vehicle Auctions will treat any Feedback you provide to Classic Vehicle Auctions as non-confidential and non-proprietary. YOU AGREE THAT YOU WILL NOT SUBMIT TO CLASSIC VEHICLE AUCTIONS ANY INFORMATION OR IDEAS THAT YOU CONSIDER TO BE CONFIDENTIAL OR PROPRIETARY.
8. User Content
“User Content” means all information and content that a User submits to, or uses with, the Digital Services (including, but not limited to, photos, audio, video, messages, text, files, or other content you provide Classic Vehicle Auctions, as well as any listings that appear on the Digital Services, regardless of any role that Classic Vehicle Auctions has in the listing), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Classic Vehicle Auctions. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Classic Vehicle Auctions be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have the right to grant, to Classic Vehicle Auctions an irrevocable, nonexclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because Classic Vehicle Auctions does not control User Content, you acknowledge and agree that Classic Vehicle Auctions is not responsible for any User Content and Classic Vehicle Auctions makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and Classic Vehicle Auctions assumes no responsibility for any User Content. Your interactions with other Users of the Digital Services are solely between you and such User. You agree that Classic Vehicle Auctions will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User of the Digital Services, Classic Vehicle Auctions is under no obligation to become involved.
Classic Vehicle Auctions is not a party to any vehicle sale contract between any Buyer and Seller that originates on or through the Digital Services, and you are solely responsible for any of your interactions with other Users (including transacting for a purchase involving a vehicle). Additionally, you acknowledge that other Users may post comments about your User Content which may be derogatory, and Classic Vehicle Auctions has no obligation to monitor or delete any such User Content. Classic Vehicle Auctions may remove or modify any User Content without notice or liability at any time in Classic Vehicle Auctions’ sole discretion. Classic Vehicle Auctions reserves the right, but has no obligation, to monitor disputes between you and other Users. Classic Vehicle Auctions has no liability for your interactions with other Users, or for any User’s action or inaction.
9. User Submissions
You agree that Classic Vehicle Auctions may use User Content, other information, or some combination of the two, that you provide Classic Vehicle Auctions through emails, Q&A, blogs, forums, polls, or through any other User generated submission, and Classic Vehicle Auctions may use your name and any stories you provide Classic Vehicle Auctions in articles or other features published on the Digital Services or in Classic Vehicle Auctions publications, advertising or sponsored content. If you provide Classic Vehicle Auctions with personal anecdotes, they may be attributed to you. Classic Vehicle Auctions can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Digital Services or Classic Vehicle Auctions publications, advertising, or sponsored content.
From time to time, the Digital Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO CLASSIC VEHICLE AUCTIONS WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, Classic Vehicle Auctions will not pay you for the use of any content that you submit to through the Digital Services.
If Classic Vehicle Auctions becomes aware of a User’s violation of this Agreement, including the rights of any other User or third party, Classic Vehicle Auctions may take certain remedial steps, including refusing access to the Digital Services to any person or entity and changing eligibility requirements at any time. AT ITS SOLE DISCRETION, CLASSIC VEHICLE AUCTIONS MAY CANCEL USER ACCOUNTS FOR VIOLATION OF THIS AGREEMENT.
If Classic Vehicle Auctions becomes aware that any of its Users has infringed the proprietary rights of any third party, Classic Vehicle Auctions may take steps to terminate that User’s access to the Digital Services. Classic Vehicle Auctions reserves the right (but has no obligation) to review information it obtains from or about you and your use of the Digital Services, to investigate, and/or to take appropriate action against you in its sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Digital Services (including any User account, registration, or membership), legal action, reporting you to law enforcement authorities, or some combination thereof. If Classic Vehicle Auctions elects to modify User Content, Classic Vehicle Auctions nonetheless assumes no responsibility for the User Content.
Classic Vehicle Auctions reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any information obtained about you (including unsolicited or invited submissions), postings, or emails you make on or send through the Digital Services. Classic Vehicle Auctions may seek to gather information from the User who is suspected of violating this Agreement and from any other User. Classic Vehicle Auctions may suspend any Users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Classic Vehicle Auctions believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting, or emails, remove the material permanently, cancel postings, warn Users, suspend Users and passwords, terminate accounts, or take any other corrective action as it deems appropriate.
Classic Vehicle Auctions may cooperate with law enforcement authorities or court orders requesting or directing Classic Vehicle Auctions to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS CLASSIC VEHICLE AUCTIONS (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND ITS AND THEIR RESPECTIVE COBRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CLASSIC VEHICLE AUCTIONS (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CLASSIC VEHICLE AUCTIONS OR LAW ENFORCEMENT AUTHORITIES.
11. Your Conduct and Responsible Use of the Digital Services
Please act responsibly when using the Digital Services. The following rules are a condition of your access to or use of the Digital Services and Content:
- No Criminal or Unlawful Conduct. You may only use the Digital Services and Content (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
- Your Materials Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy, or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing, or transmitting unlawful User Content, material, or information could expose you to criminal and/or civil liability.
- No Promotion. You may not use any comment function of the Digital Services to promote items unrelated to an item listed for sale on the Digital Services, including but not limited to, other items for sale and other websites.
- Content Posted by You Must be Yours. You may not store, upload, post, transmit, or otherwise distribute or facilitate the distribution of User Content, material, or information that is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights. You agree that if a third-party claims that User Content, material, or information you have posted on or contributed to the Digital Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material, or information publicly posted or privately transmitted on or through the Digital Services are the sole responsibility of the sender, not Classic Vehicle Auctions, and that you are responsible for all User Content, material, or information you upload, publicly post, or otherwise transmit to or through the Digital Services. If Classic Vehicle Auctions becomes aware that any of its Users has infringed the proprietary rights of any third party, it may take steps to terminate that User’s access to the Digital Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
- No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble, or store personal information about other Users of the Digital Services (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many Users, or sending large or multiple files or messages to a single User with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Digital Services by any other User or third party, including placing malware on the Digital Services.
- No Bullying, Impersonation, or Interference. You may not use the Digital Services to threaten, abuse, harass, or invade the privacy of any other User or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with Classic Vehicle Auctions or with any other person or entity. You may not restrict, inhibit, or interfere with any other User or third party from using or enjoying the Digital Services.
- No System Abuse. You may not upload, post, or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Digital Services, any other online services, or to obtain unauthorized access to the Digital Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Digital Services.
- No Violations of Security Systems. You are prohibited from using the Digital Services to compromise the security or tamper with, or gain unauthorized access to, the Digital Services, Content, online accounts, or any other computer systems, resources, or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, Classic Vehicle Auctions reserves the right to release your details to relevant third parties, law enforcement, and/or governmental authorities in order to assist them in resolving security incidents.
- No Transmission of Fraudulent Funds. In the course of sending payments, whether to Classic Vehicle Auctions or to Sellers, you shall not transmit what Classic Vehicle Auctions believes to be potentially fraudulent funds.
- No Violation of Payment Card Rules. You shall not use your user account or the Digital Services in a manner that Classic Vehicle Auctions, Visa, MasterCard, American Express, Discover, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
- Cooperation. You must not refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information you provide to use. You may not undermine Classic Vehicle Auctions’ determinations about your user account, such as temporary or indefinite suspensions or other account holds, limitations, or restrictions, by engaging in any of the activities in the following non-exhaustive list: attempting to open new or additional user accounts when an account has been restricted, suspended, or otherwise limited; opening new or additional user accounts using information that is not your own; or using someone else’s user account.
- Non-Circumvention. You agree to not contact, initiate contact, or attempt to do business with, at any time, either directly or indirectly, any other party for the purpose of circumventing, the result of which would be to prevent Classic Vehicle Auctions from realizing fees, commissions, or other monetary opportunities that it is entitled to under this Agreement. If such circumvention occurs, Classic Vehicle Auctions will be entitled to any fees, commissions, or other monetary opportunities pursuant to this Agreement relating to such transaction.
Classic Vehicle Auctions may require, at any time, proof that you are following these rules. Classic Vehicle Auctions reserves the right to take, or refrain from taking, all steps available to it, once it becomes aware of any violation of this Agreement, including but not limited to the following:
- Terminate this Agreement, limit your user account, and/or close or suspend your user account, immediately and without penalty to Classic Vehicle Auctions;
- Refuse to provide the Digital Services to you in the future;
- Limit your access to your user account or any of Digital Services, including limiting your ability to pay with any of the payment methods linked to your User account;
- Update inaccurate information you provided Classic Vehicle Auctions;
- Take legal action against you; or
- Take any combination of all of these steps.
If you have violated this Agreement, then you are also responsible for any damages to Classic Vehicle Auctions caused by your violation of this Agreement.
You are responsible for all claims, fees, fines, penalties, and other liability incurred by Classic Vehicle Auctions, any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Digital Services.
12. Availability of and Modification to the Digital Services and Content
Classic Vehicle Auctions does not guarantee that any or all of the Digital Services or any Content will be made available through the Digital Services. Classic Vehicle Auctions may change, modify, edit, suspend, discontinue, or otherwise manipulate the Digital Services, Content or any part, feature, or service of the Digital Services at any time with or without notice to you. You agree that Classic Vehicle Auctions will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Digital Services, Content, or any part thereof.
13. Fees, Commissions, Purchases, and Referrals
(a) Payment of Fees
You agree to pay any applicable fees, including but not limited to, any initial deposits made as a Buyer in connection with a bid, Buyer’s fees, commissions owed to Classic Vehicle Auction, and Seller listing fees, as set forth on Classic Vehicle Auctions’ website, in connection with bids or for any purchases made of any products, features, and/or services listed on the Digital Services. You also agree to pay any applicable sales, use, or similar taxes or charges, as applicable under this Agreement and required by law. Certain products, fee-based services, or features that you purchase, access, or download via the Digital Services may be subject to additional terms and conditions presented to you at the time of purchase, access, or download.
All payments made by you to Classic Vehicle Auctions shall be facilitated through Classic Vehicle Auctions’ third party payment processing service, which may be changed from time-to-time by Classic Vehicle Auctions in its sole discretion. All information that you provide in connection with a purchase must be accurate, complete, and current. You agree to pay all charges incurred by any users of your credit card, debit card, or other payment method used in connection with a purchase on the Digital Services at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes or similar charges, if any, relating to any purchase.
For any purchases made by a Buyer on or through the Digital Services that involve payment processing with respect to a payment to be made to the Seller, the Buyer agrees to pay the Seller by means of the payment processing method disclosed by the Seller on the Seller’s listing or, if no such method is disclosed, the Buyer agrees to pay seller by means of a reasonable payment processing method.
All amounts listed on the Digital Services shall be in U.S. dollars.
(b) No Refunds
All purchases made by a Buyer using the Digital Service are between the applicable Buyer and Seller; for that reason, in the event you seek a refund related to a purchase or have any questions, you must directly contact the applicable Seller. ANY FEES OR COMMISSIONS INCURRED BY A BUYER AND OWED TO CLASSIC VEHICLE AUCTIONS IN CONNECTION WITH A PURCHASE OR PURCHASES MADE USING THE DIGITAL SERVICES ARE FINAL AND NON-REFUNDABLE, REGARDLESS OF ANY REFUND NEGOTIATED BETWEEN THE BUYER AND SELLER.
(c) Bidding and Auction
(i) Reserve and Publication
In order to use the Digital Services to list a vehicle or other product, a Seller is required to indicate whether there is a minimum price at which the Seller is willing to consider a sale to a Buyer (the “Reserve”) or whether no such minimum bid is required (“No Reserve”). A Seller may reduce or waive a Reserve during the auction by notifying Classic Vehicle Auctions of such change via email or, if available, Classic Vehicle Auctions’ web-based notification tools made available to Seller. Classic Vehicle Auctions will only approve a listing for publication on the Digital Services once a Seller has either selected a Reserve or selected No Reserve for the applicable listing.
If an item is listed on the Digital Services with a Reserve and if no bid has met the Seller’s Reserve, Classic Vehicle Auctions may, at its sole discretion, pay the Seller a separate amount to make up the difference between the highest bid and the Reserve so that the highest bid then meets the Reserve and the item will be sold to the Buyer placing the highest bid. If Classic Vehicle Auctions chooses to exercise this right, the highest bidding Buyer becomes the winning Buyer and is responsible for all obligations that a winning Buyer is otherwise responsible for under this Agreement when the Reserve is met, except that Classic Vehicle Auctions will be responsible for paying the Seller the difference between (1) the Reserve placed on the item and (2) the highest bid placed by the winning Buyer. The winning Buyer is responsible for all taxes, fees, charges, expenses, commissions, and similar costs, including any commissions owed to Classic Vehicle Auctions, except that Classic Vehicle Auctions will either pay the Seller or not charge the Buyer for the portion of any taxes, fees, charges, commissions, or similar costs or expenses that are variable and directly attributable to the portion of the purchase price that Classic Vehicle Auctions is responsible to pay to Seller under this provision. IF CLASSIC VEHICLE AUCTIONS EXERCISES THIS RIGHT, ALL PARTIES ACKNOWLEDGE THAT BY EXERCISING SUCH RIGHT, CLASSIC VEHICLE AUCTIONS IS ENGAGING IN AN INDEPENDENT TRANSACTION AND DOES NOT, IN ANY WAY, BECOME A PARTY TO THE SALE OR ANY OTHER TRANSACTION BETWEEN THE BUYER AND THE SELLER.
(ii) Seller Acknowledgments
If you or any other User submits a vehicle or other product or service to sell on the Digital Services, and Classic Vehicle Auctions accepts such vehicle, product, or service, then you, or such other User, are considered a “Seller” on the Digital Services. You are responsible in all respects for the User Content and any other information related to any vehicle, product, or service you decide to sell, and you acknowledge that any vehicle, product, or service that you submit to sell on the Digital Services is honestly, completely, and accurately represented on the Digital Services.
Specifically, in addition to acknowledging that it is your responsibility to honestly, completely, and accurately represent any vehicle, product, or service that you submit to sell on the Digital Services, you further acknowledge that:
- You are the true and lawful owner of the vehicle, product, or service being sold, or that you are duly appointed and authorized to sell the vehicle, product, or service on behalf of the true and lawful owner (in which case you agree to fully disclose the identity of the true and lawful owner and the fact of the representative relationship);
- Any vehicle that you submit to sell on the Digital Services is free from all liens and encumbrances;
- You have the right and full power and authority to sell and transfer title to any vehicle that you submit to sell on the Digital Services; and
- You will warrant and defend any vehicle that you submit to sale on the Digital Services against the claims and demands of all persons who may bring such claims.
As a Seller, you are fully responsible in all respects for consummating the transaction with the applicable Buyer in accordance with the Agreement. This responsibility includes, but is not limited to, fully completing the sale of any vehicle, product, or service to the winning bidder of any auction held on the Digital Services. The Seller’s responsibilities are not altered in any way when the Seller’s Reserve is met by means of the process described in subsection (c)(i) of this section 13.
IN THE EVENT A USER ACCESSES OR USES THE DIGITAL SERVICES TO SELL A VEHICLE OR OTHER PRODUCT OR SERVICE AS A SELLER, ANY SUCH USER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES, SUCH SELLER MAY NOT LIST, POST, OR OTHERWISE MAKE AVAILABLE THE APPLICABLE VEHICLE OR OTHER PRODUCT OR SERVICE ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT AT ANY TIME FOLLOWING PUBLICATION, SELLER’S LISTING MAY BE REMOVED BY CLASSIC VEHICLE AUCTIONS (IN CLASSIC VEHICLE AUCTIONS’ SOLE DISCRETION).
In addition to all other representations made by you as the Seller in connection with any vehicle, product, or service that you submit for sale on the Digital Services, it is your responsibility to specify in your listing how payment should be submitted to you by the Buyer. To the extent that you fail to do so, you will accept payment by the Buyer in any reasonable form.
(iii) Buyer Acknowledgments
IF YOU MAKE A BID ON A VEHICLE THAT IS FOR AUCTION AND YOU ARE THE HIGHEST BIDDER AT THE CONCLUSION OF THE AUCTION OR YOU SUBMIT A PURCHASE OFFER ON A VEHICLE AND THE SELLER ACCEPTS SUCH OFFER, YOU ARE UNCONDITIONALLY OBLIGATED TO COMPLETE THE TRANSACTION. This obligation includes, but is not limited to, making full and final payment of the highest bid, as well as any associated fees, commissions, taxes, registration, titling fees, regulatory, and electronic processing charges, inspection charges, emission testing charges, and any other fees or expenses required by this Agreement or by law. Classic Vehicle Auctions is not and shall not be responsible for any cancelled offers.
If you, as a Buyer, place the winning bid and, for any reason after the conclusion of the auction, do not purchase the item, you are still responsible for all fees and commissions owed to Classic Vehicle Auctions as if the purchase had been fully completed.
You agree that Classic Vehicle Auctions may, at its sole discretion, pay the Seller any difference between the highest bid and the Reserve on a vehicle, product, or service offered on the Digital Services so that the highest bid then meets the reserve and the vehicle, product, or service will be sold to you as the highest bidder under the process described in subsection (c)(i) of this section 13. You further understand that, as the Buyer placing the highest bid in this situation, you are unconditionally obligated to complete the transaction and submit payment in accordance with subsection (c)(i) of this section 13, regardless of any Reserve.
Unless provided otherwise by law or stated otherwise by a Seller, the Buyer placing a winning bid or otherwise purchasing a vehicle, product, or service in connection with the Digital Services is responsible for paying any fees, taxes, registration, titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees or expenses required by law.
Unless otherwise provided by a Seller, the Buyer placing the winning bid is responsible for delivery of the vehicle, product, or service. Classic Vehicle Auctions does not inspect any vehicles or any other goods or services that a Seller lists on the Digital Services. You acknowledge and agree that Classic Vehicle Auctions bears no risk associated with your purchase of a vehicle from a Seller listed via the Digital Services.
If you have a dispute with one or more Users of the Digital Services (including merchants) or any other third parties, you release Classic Vehicle Auctions (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold Classic Vehicle Auctions (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) harmless from all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expenses (including, without limitation, costs and reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any User or third party (each, a “Claim”) due to or arising out of (a) your use of the Digital Services or Content, (b) information you provide or Classic Vehicle Auctions obtains about you and your use of the Digital Services, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations, or (e) the actions or inactions of any third party to whom you grant permission to use your user account to access the Digital Services (including the sharing of your Credentials). Classic Vehicle Auctions reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify Classic Vehicle Auctions, and you agree to cooperate with Classic Vehicle Auctions’ defense of these Claims. You agree not to settle any matter without the prior written consent of Classic Vehicle Auctions. Classic Vehicle Auctions will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE DIGITAL SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND CLASSIC VEHICLE AUCTIONS (AND ITS SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. CLASSIC VEHICLE AUCTIONS (AND ITS SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
CLASSIC VEHICLE AUCTIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIGITAL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CLASSIC VEHICLE AUCTIONS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. CLASSIC VEHICLE AUCTIONS CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO.
AS PART OF THE DIGITAL SERVICES, CLASSIC VEHICLE AUCTIONS MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE CLASSIC VEHICLE AUCTIONS TRIES TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT A VEHICLE OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES BY A SELLER ARE COMMUNICATED ACCURATELY, CLASSIC VEHICLE AUCTIONS IS NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE DIGITAL SERVICES (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, WITH RESPECT TO VEHICLES POSTED, THE MILEAGE) DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), CLASSIC VEHICLE AUCTIONS IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. CLASSIC VEHICLE AUCTIONS RESERVES THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION.
DUE TO THE INHERENT NATURE OF THE INTERNET, CLASSIC VEHICLE AUCTIONS CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON CLASSIC VEHICLE AUCTIONS’ SYSTEMS OR OTHERWISE IN CLASSIC VEHICLE AUCTIONS’ CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. CLASSIC VEHICLE AUCTIONS ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. CLASSIC VEHICLE AUCTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL CLASSIC VEHICLE AUCTIONS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF CLASSIC VEHICLE AUCTIONS’ DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH CLASSIC VEHICLE AUCTIONS OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. CLASSIC VEHICLE AUCTIONS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
17. Limitation of Liability
IN NO EVENT SHALL CLASSIC VEHICLE AUCTIONS (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND ITS AND THEIR RESPECTIVE COBRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF CLASSIC VEHICLE AUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLASSIC VEHICLE AUCTIONS IS NOT LIABLE, AND YOU AGREE NOT TO HOLD CLASSIC VEHICLE AUCTIONS RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE DIGITAL SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE DIGITAL SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE DIGITAL SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE DIGITAL SERVICES; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLASSIC VEHICLE AUCTIONS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE DIGITAL SERVICES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID CLASSIC VEHICLE AUCTIONS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER CLASSIC VEHICLE AUCTIONS’ AFFILIATES, SERVICE PROVIDERS, OR PARTNERS, NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IN THOSE STATES CLASSIC VEHICLE AUCTIONS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
18. Third-Party Services and Ads
The Digital Services might contain links to third-party websites, apps, or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services and Ads”). Such Third-Party Services and Ads are not under the control of Classic Vehicle Auctions and Classic Vehicle Auctions is not responsible for any Third-Party Services and Ads. Classic Vehicle Auctions provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.
19. Third-Party Affiliate Marketing
Classic Vehicle Auctions may participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of its Digital Services. This means that Classic Vehicle Auctions may earn a commission when you click on or make purchases via third-party affiliate links.
20. Local Regulations
Classic Vehicle Auctions makes no representation that the Digital Services or Content are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Digital Services or Content from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
21. Term and Termination
Classic Vehicle Auctions may, in its sole discretion, terminate your Credentials (including your password, account, or any part thereof) or use of the Digital Services, or remove and discard any User Content or information stored, sent, or received via the Digital Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Digital Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Digital Services (including through the use of your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Digital Services. You may terminate your user account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services shall not affect any right or relief to which Classic Vehicle Auctions may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Classic Vehicle Auctions and its licensors and all rights granted by you to Classic Vehicle Auctions shall survive in perpetuity.
Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services, the following provisions of this Agreement will survive: sections 2 – 30.
22. Entire Agreement
This Agreement constitutes the entire agreement between you and Classic Vehicle Auctions regarding the use of the Digital Services. Classic Vehicle Auctions’ failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation, even if not so specified. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
23. Changes to this Agreement
Classic Vehicle Auctions may revise, prospectively, this Agreement by posting an updated version on the Digital Services or by providing you with notice (by email or other notification through the Digital Services). You consent and agree to receive notices of updates to this Agreement through Classic Vehicle Auctions’ posting of an updated Agreement on the Digital Services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.
24. Dispute Resolution (Arbitration Clause and Class Action Waiver)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
24.1 Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, all disputes between you and Classic Vehicle Auctions arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Digital Services.
24.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CLASSIC VEHICLE AUCTIONS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND CLASSIC VEHICLE AUCTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
24.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you, and Classic Vehicle Auctions must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Athens, GA. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Athens, GA.
Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Athens, GA.
25. No Waiver
No failure or delay by Classic Vehicle Auctions in exercising any right, power, or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
26. Governing Law
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of Georgia, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
27. Notice to California Users
Under California Civil Code Section 1789.3, California users of the Digital Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
28. Copyright Infringement Claims Policy
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Digital Services, please notify Classic Vehicle Auctions’ agent, by means of the information provided below, as set forth in the Digital millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringed and where it is located on the Digital Services;
- Information reasonably sufficient to permit Classic Vehicle Auctions to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Agent
Classic Vehicle Auctions LLC
81 Danielsville St, Jefferson, GA, 30549
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.