Garage Dream Auctions is a listing, information and auction service for buyers and sellers of classic, vintage, sports, exotic, and race cars and related parts. After the auction is completed the sale transaction is directly between the seller and the buyer. Garage Dream Auctions is not a dealer and acts only as a way to introduce buyers and sellers to meet and come to an agreement to finalize an acceptable purchase price for the sale of a car/part. GDA IS NOT AN AUTOMOBILE BROKER OR DEALER 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 FOR SALE ON OUR SERVICE. GDA DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE. GDA DOES NOT TRANSFER TITLE OR LEGAL OWNERSHIP OF ITEMS OR VEHICLES FROM THE SELLER TO BUYER. GDA HOLDS NO INVENTORY, OFFERS NO GUARANTEE OF PURCHASE, SALE OR TRANSFER.  OTHER THAN THESE TERMS, GDA IS NOT A PARTY TO ANY AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY VEHICLE PURCHASE AND SALE OR AGENCY AGREEMENT WITH ANY USER. GDA DOES NOT OFFER OTHER ANCILLARY PRODUCTS AND SERVICES SUCH AS VEHICLE FINANCING, SERVICE CONTRACTS, MECHANICAL BREAKDOWN INSURANCE, VEHICLE REGISTRATION/TITLING, AND VEHICLE TRANSFER ESCROW SERVICES. While we may provide information regarding pricing, make, model, condition and other information, such guidance is solely informational and based on information provided by the buyer and seller (“Content”) and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, GDA has no control over and does not guarantee: the existence, quality, representations of seller, safety or legality of items advertised; the truth or accuracy of users’ Content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by the features of the Site. GDA reserves all rights not expressly granted herein in the Service. GDA may terminate this license at any time for any reason or no reason.

In connection with using or accessing the Site you will not:

• post, list or upload Content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
• use our Site if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
• manipulate the price of any item or interfere with any other user’s listings;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous Content within the GDA site or listing;
• transfer your GDA account and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm GDA or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Site for any purpose, except with the prior express permission of GDA;
• interfere with the working of our Site, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any GDA application or tool, if any, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to GDA. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to GDA or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Site or post content that does not belong to you;
• commercialize any GDA application or any information or software associated with such application, except with the prior express permission of GDA;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures we use to provide the Site.

If we believe you are abusing GDA and/or our Site in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Site, delay or remove hosted content and take technical and/or legal steps to prevent you from using our Site. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Site. Additionally, we reserve the right to refuse or terminate all or part of our Site to anyone for any reason at our discretion.

This User Agreement (the “User Agreement”) and additional terms posted on and in our site, applications, tools and services (collectively “Services“) set out the terms on which Garage Dream Auctions offers you access to and use of our Site (the “Terms”). All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all of the terms of this User Agreement when accessing or using our Site. The entity you are contracting with is: Garage Dream Auctions, LLC. In this User Agreement, Garage Dream Auctions, LLC. is referred to as “GDA,” “we,” or “us.” Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate). Unless you opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

A bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller. The fees we charge the buyer for using our Site are shown in the GDA site which is based on a percentage of the winning bid amount. We may change our buyer fees from time to time by posting the changes on the GDA site. If you are a seller, you are responsible for a listing fee at the time a vehicle is listed on the GDA site. The amount of the listing fee is posted on the GDA site. If you as a seller offers or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of GDA, you may be liable to pay the buyer fee applicable to that item, even if the item doesn’t sell, given your usage of GDA Site for the introduction to a buyer. If you are a seller, you shall not charge the buyer additional fees over and above the bid price such as “dealer fees”, “document fees”, etc. The bid price is the final price of the item to be paid to the seller. You must have a payment method on file when buying or selling through GDA and pay all fees and applicable taxes associated with our Site by the date posted on the GDA site. All information that you provide in connection with a monetary transaction interaction with the Site must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel. In addition, you may be subject to late fees. GDA, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information GDA reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Garage Dream Auctions, 205 Via El Toro, Redondo Beach, CA 90277. If you wish to dispute the information a collection agency reported to a credit bureau regarding your GDA account, you must contact the collection agency directly. Seller fees don’t purchase exclusive rights to item exposure on GDA, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Site.

When listing an item:

• You are responsible for the accuracy and Content of the listing and item offered
• Once a successful bid is made at or over the reserve price then the item is sold to that bidder for that bid amount. It shall be the responsibility of the buyer and seller to contact one another and arrange for payment of the winning bid price and delivery or pick up of the item by the buyer. It is the buyer’s responsibility to arrange for pick-up of the item.
• Content that violates any of GDA’s policies may be modified, obfuscated or deleted at GDA discretion
• We may revise product data associated with listings to supplement, remove, or correct information
• Meta tags and URL links that are included in a listing may be removed or altered

In connection with the Site, sellers agree to provide to us a reserve amount indicating the minimum price at which the seller will agree to sell the applicable item (the “Reserve”). seller may reduce or waive the Reserve during the auction.  If we believe you are abusing the Site, in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Site, remove listings and take technical and/or legal steps to prevent you from using our Site. EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING LISTING AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE VIA THE SERVICE, SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE ITEM ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT SELLER’S LISTING MAY BE REMOVED SOLELY AT OUR DISCRETION. Each buyer acknowledges and agrees that (i) a winning bid submitted via the Service is binding on the buyer with respect to applicable buyer’s fees, and (ii) buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Service. Sellers are not responsible for any shipping or delivery fee. We recommend that an in-person inspection take place, however you acknowledge and agree that GDA bears no risk associated with purchasing of a vehicle listed via the Service, whether or not any inspection is performed and we make no warranties and bear no risk or responsibility whatsoever with respect to any recommended third party inspection services provided to you.

When buying an item, you agree that:

• You are responsible for reading the full item listing before making a bid or commitment to buy, contacting the seller to verify the physical condition, make and model of the item and performing all due diligence of the physical condition and title of the item. We recommend that you physically inspect the vehicle before purchasing.
• You agree to pay the buyers fee to GDA if you are the successful bidder of the item. This amount will be charged to your credit card on file at the time the bid becomes the winning bid. You represent that you are capable of paying the price indicated by a bid and the GDA Fee, and any and all Additional Fees associated with your offer or bid
• a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
• The prices listed by sellers exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law. All amounts listed on the website are in U.S. dollars.
• We do not transfer legal ownership of items from the seller to the buyer

When providing Content using the Site (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that Content in connection with our provision, expansion, and promotion of the Site, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against GDA, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that Content in connection with our, those assignees’, and those sublicensees’ use of that Content in connection with our provision, expansion, and promotion of the Site. You represent and warrant that, for all such Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such Content is accurate. You represent and warrant that use of any such Content (including derivative works) by us, our users, or others in contract with us, and in compliance with this agreement, does not and will not infringe any Intellectual Property Rights of any third party. GDA takes no responsibility and assumes no liability for any Content provided by you or any third party. GDA cannot promise that the Content provided through the Services will always be available, accurate, complete, and up-to-date. GDA does not guarantee the truthfulness, accuracy or reliability of any seller Content or endorse any opinions expressed by you or anyone else. By a submission of the seller Content both the buyer and seller fully and unconditionally release and forever discharge GDA and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between seller and buyer or one or more users or any other person or entity, or (ii) the use by us or you of the seller Content, including, without limitation, any and all claims that use of the seller Content pursuant to this agreement violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that GDA has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any seller Content. GDA acts as a passive conduit for seller Content and has no obligation to screen or monitor seller Content. If we become aware of any seller Content that allegedly may not conform to this agreement, GDA may investigate the allegation and determine in its sole discretion whether to take action. GDA has no liability or responsibility to users for performance or nonperformance of such activities. You agree that GDA is not responsible for examining or warranting the listings or Content provided by third parties through the Site, and that you will not attempt to hold us or our data providers liable for inaccuracies. The name “Garage Dream Auctions” and other GDA marks, logos, designs, and phrases that we use in connection with our Site are trademarks, service marks, or trade dress of GDA in the U.S. and other countries. They may not be used without the express written prior permission of GDA.

GDA may contact you at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. GDA may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with GDA or its agents for quality control and training purposes, or for its own protection.

If GDA provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Site. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

We try to keep our Site safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Site. Bid update and other notification functionality in GDA applications may not occur in real time. Such functionality is subject to delays beyond GDA control. YOU AGREE THAT YOU ARE MAKING USE OF OUR SITE AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GDA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WHILE WE TRY TO MAKE SURE THAT ALL PRICES POSTED ON THE SERVICE ARE COMMUNICATED ACCURATELY, WE CANNOT BE RESPONSIBLE FOR THE TYPOGRAPHICAL AND OTHER ERRORS THAT MAY APPEAR ON THE SITE. IF THERE IS INCORRECT INFORMATION GIVEN ABOUT A VEHICLE PRICE, AVAILABILITY, DESCRIPTION, CONDITION OR MILEAGE DUE TO A TYPOGRAPHICAL ERROR, WE ARE NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION; BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES LISTED AT AN INCORRECT PRICE. THE SITE MAY BECOME INACCESSIBLE OR IT MAY NOT FUNCTION PROPERLY WITH YOUR WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. WE CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FROM SITE CONTENT, OPERATION, OR USE OF THIS SERVICE.FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

• the Content you provide (directly or indirectly) using the Site;
• your use of or your inability to use our Site;
• pricing, shipping, format, or other guidance provided by GDA;
• delays or disruptions in our Site;
• viruses or other malicious software obtained by accessing or linking to our Site;
• glitches, bugs, errors, or inaccuracies of any kind in our Site;
• damage to your hardware device from the use of any GDAService;
• the Content, actions, or inactions of third parties, including items listed using our Site or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of this User Agreement;
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
• your need to modify practices, Content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands 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) 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.

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of GDA Site or your breach of any law or the rights of a third party.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND GDA HAVE AGAINST EACH OTHER ARE RESOLVED. You and GDA agree that any claim or dispute at law or equity that has arisen, or may arise, between you and GDA (including any claim or dispute between you and a third-party agent of GDA) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Site, the actions of GDA or its agents, or any products or services sold or purchased through the Site, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of CA, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and GDA, except as otherwise stated in this User Agreement.

You and GDA each agree that any and all disputes or claims that have arisen, or may arise, between you and GDA (including any disputes or claims between you and a third-party agent of GDA) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Site, the actions of GDA or its agents, or any products or services sold, offered, or purchased through the Site shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

YOU AND GDA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND GDA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and GDA right to appeal the court’s decision. All other claims will be arbitrated.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. A party who intends to seek arbitration must first send to the other, by certified mail, a notice of the dispute (“Notice”). The Notice to GDA should be sent to GDA 205 Via El Toro, Redondo Beach CA 90277. GDA will send any Notice to you to the physical address we have on file associated with your GDA account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and GDA are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or GDA may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to GDA at the following address: GDA 205 Via El Toro, Redondo Beach CA 90277. In the event GDA initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your GDA account. Any settlement offer made by you or GDA shall not be disclosed to the arbitrator. The arbitration hearing shall be held in Los Angeles County or at another mutually agreed location. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same GDA user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse GDA for all fees associated with the arbitration paid by GDA on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

IF YOU ARE A NEW USER OF OUR SITE, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO GDA RE: OPT-OUT NOTICE, GDA 205 Via El Toro, Redondo Beach CA 90277 or your convenience, we are providing an Opt-Out Notice form attached as Exhibit A. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the GDA Site account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against GDA prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and GDA. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.garagedreamauctions.com . If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and GDA must be resolved exclusively by a state or federal court located in Los Angeles County, Los Angeles. You and GDA agree to submit to the personal jurisdiction of the courts located within Los Angeles, LA for the purpose of litigating all such claims or disputes.

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.garagedreamauctions.com . Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. We may amend this User Agreement at any time by posting the amended terms on www.garagedreamauctions.com . Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Site constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an GDA representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment. The policies and terms posted on our Site may be changed from time to time. Changes take effect when we post them on the GDA Site. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. The User Agreement and all terms and polices posted through our Site set forth the entire understanding and agreement between you and GDA, and supersede all prior understandings and agreements of the parties. The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.