Garage Dream Auctions Website and Mobile App Terms and Conditions

Introduction

The following terms and conditions (the “Terms and Conditions”), including the terms and conditions of any other policies the Terms and Conditions refer to, is a binding agreement between you and Garage Dream Auctions, LLC, referred to collectively with its corporate affiliates as “GDA”, “us” or other similar pronouns. By agreeing to the Terms and Conditions, you represent that you are over the age of eighteen. The Terms and Conditions govern the websites on which it is posted (each, a “Site”) and related mobile applications (each, an “App”, and, collectively with the Sites, the “Services”). Please read the Terms and Conditions carefully before using the Services. By accessing the Services in any manner (whether automated or otherwise), you agree to be bound by the Terms and Conditions and any additional terms and conditions that are referenced below or otherwise may apply to use of the Services.

If you do not agree to the Terms and Conditions, you may not use the Services.

Certain features or products that you access, purchase, or download using the Services may be subject to additional terms and conditions presented to you at the time that you use, purchase, or download them. In addition, some areas of the Services may be provided by our third-party partners and are subject to separate terms and conditions of use, which are posted within those areas.

We reserve the right to change the Terms and Conditions at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute, venue, and time limit of claims provisions to the extent allowed by applicable law. Any changes made to the Terms and Conditions will only apply prospectively. By continuing to use the Services after we post any such changes, you accept the Terms and Conditions as modified.

NOTE: THE TERMS AND CONDITIONS  CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THE TERMS AND CONDITIONS  AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.

Our Services

We provide an auction service and information platform for users who are looking to buy (“Buyer(s)”) or sell (“Seller(s)”) unique vehicles, including but not limited to: sports, classic, vintage, race, and exotic cars and associated items and parts. We introduce Buyers and Sellers through our Services and facilitate auctions between Buyers and Sellers (“Auction(s)”). We do not participate in, and are not a party to, the purchase and sale of any vehicle or part between a Buyer and Seller after an Auction, nor are we dealer. We do not offer any services outside of what is offered on our Sites or Apps.

We collect Fees on our website as further described below, but we do not process any payments associated with the purchase of an item auctioned through our site. All such payments are to be arranged between the Buyer and the Seller of such items. We also are not responsible for the coordination of pick up, delivery, or shipping of any item purchased by a Buyer using our Services as further described below in the Terms and Conditions.

WE DO NOT REVIEW, VERIFY, OR CONFIRM ANY CLAIMS MADE BY USERS OF THE SITE OR APP. WE DO NOT INSPECT ANY VEHICLES WHEN AUCTIONED THROUGH THE SERVICES. WE DO NOT DO ANY BACKGROUND OR OTHER CHECKS OF ANY USERS OF THE SITE OR APP. WE ARE NOT RESPONSIBLE AND ASSUME NO LIABILITY FOR THE ACCURACY OF ANY OF THE LISTINGS DISPLAYED ON OUR SERVICES OR THE QUALITY, CONDITION, FUNCTIONALITY, OPERATION, SAFETY, OR CHARACTERISTICS RELATING TO A VEHICLE OR ITEM APPEARING IN AN AUCTION ON OUR SITE OR APP. ADDITIONALLY, WE ARE NOT RESPONSIBLE FOR VERIFYING OR CONFIRMING TITLE AND OWNERSHIP OF ANY VEHICLE OR ITEM APPEARING IN AN AUCTION ON OUR SITE OR APP. IT IS THE RESPONSIBILITY OF BUYER TO PERFORM DUE DILIGENCE AND INVESTIGATE THE HISTORY OF ANY ITEM OR VEHICLE THEY ARE PURCHASING. SELLER IS RESPONSIBLE FOR THE ACCURACY OF THEIR LISTINGS AND PASSING TITLE TO A VEHICLE IN ACCORDANCE WITH APPLICABLE LAWS. NO LISTING ON THIS SITE SHOULD BE CONSIDERED TO BE ADVERTISING.

Auctions

Payment and Fees. You must have a payment method on file if you wish to participate in any Auction in order to pay either the Buyer Fee or Seller Fee (defined below). All payment information that you provide to us must be accurate. A bid or offer made as part of an Auction using our Services initiates a non-binding transaction between the Buyer and Seller. Fees are charged to the Buyer based on a percentage of the winning bid amount (“Buyer Fee”). Fees are charged to a Seller in the form of a listing fee when your listing is published on the Services, regardless of whether a sale is consummated (“Seller Fee”) (collectively with the Buyer Fee, the “Fees”). For more information on our Fees, please review our fee schedule.

We will not offer Fee refunds under any circumstances, including but not limited to, circumstances in which an Auction is made final and the Seller cannot reach the Buyer using their provided contact information; circumstances in which a Buyer no longer wishes to purchase a vehicle that they submitted the winning bid for in an Auction; circumstances in which Buyer and Seller dispute whether the representation of a vehicle listed on the Services was accurate; and, circumstances in which Buyer and Seller cannot agree to a method of pick up, delivery or shipping. Additionally, we will not offer any Fee refunds when you dispute a charge or initiate a chargeback using your credit card company.

We do not process the payment for an item appearing on our Services. We do not arrange for delivery of any item appearing on the Services. It is the responsibility of Buyer and Seller to arrange for payment of the winning bid and coordinate delivery of the purchased item.

Seller Obligations. Seller is responsible for the accuracy and content of any listing they post to the Services. When listing an item for sale, a Seller must list a minimum reserve amount that they would be willing to sell the item for, which may be modified during the Auction period. Seller agrees to not post any item listed on our Services on any other similar websites or mobile applications during the duration of any Auction.

Buyer Obligations. When purchasing an item from a Seller through our Services, you acknowledge that you have read all associated listing information, agreed to pay the Buyer’s Fee and verified the physical condition of any item you are purchasing. We are not responsible for the accuracy, condition, quality or safety of any item listed on our Services.

Rules of Conduct While Using Our Services

There are a few rules of conduct that you are required to follow when you use the Services:

  • Do not “harvest” (or collect) information from the Services using a software tool (other than an ordinary browser) or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Services and information about the offerings, products, services and promotions available on the Services.
  • Do not use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services. This prohibition does not apply to search engines accessing the Site solely for web indexing purposes.
  • Do not “stream catch” (download, store or transmit copies of streamed content).
  • Do not obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you.
  • Do not “flood” the Services with requests or otherwise overburden, disrupt or harm the Services or its systems.
  • Do not use the Services if you are not able to form a legally binding contract, if you are under 18, or if you are temporarily or indefinitely suspended from using our sites, services, applications or tools.
  • Do not reverse engineer the Services or its systems.
  • Do not circumvent any technological blocks, safeguards, throttles, or similar protections that are incorporated into the Services.
  • Do not restrict or inhibit another user or users from using and enjoying the Services.
  • If you post something to the Services, such as comments or other content, do not post anything that:
    • infringes any third party intellectual property right (such as copyrights),
    • is defamatory (i.e., something that is negative and untrue about another person or entity),
    • divulges another person’s or entity’s confidential or private information or trade secret,
    • is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
    • encourages criminal conduct,
    • advertises or solicits business for products or services other than those that are offered and promoted on the Services,
    • contains any virus, malware, spyware or other harmful content or code, or
    • otherwise contains any content, the posting of which is unlawful under any applicable law.

You must comply with all applicable laws and contractual obligations when you use the Services. If we believe you are abusing the Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account and access to the Services.

Services Registration and Log In

To access certain features or areas of the Services, you may be required to provide personal and/or demographic information as part of a Services registration or log-in process. In addition, certain features of the Services are only available to our customers, employees, contractors or other requested users, and to access those areas of the Services you will be required to log in using your username and email password.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you, and payment information, if you would like the ability to bid on Auctions). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information or access our Services other than logging in directly on our Site or App.

You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

You acknowledge that when you download, install, or use the App, we may use automatic means (including, for example, cookies and web beacons) to collect information about your device, your precise location in time, and about your use of the App. You may also be required to provide certain information about yourself as a condition to downloading, installing or using the App or certain of its features or functionality.

Ownership of Services Content and Submissions

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Services. You may use the Services (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. Subject to the terms of the Terms and Conditions, we grant you a limited, non-exclusive and nontransferable license to download, install and use the applicable App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you strictly in accordance with the App’s documentation.

You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any aspect of or material from the Services unless explicitly authorized in the Terms and Conditions or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Subject to these Terms and Conditions, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted herein.

If you submit or post any materials or content using the Services (including in your communication with us), you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to reproduce, create derivatives, commercialize or otherwise use such materials and content, including alterations thereof, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Services is original to you and that you have the right to grant us these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, such ideas shall not constitute confidential information, you are giving us the right to use them, and you waive and release us from any claims related to such ideas that we have used your ideas without your permission.

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of the Services lies with each user–you alone are responsible for the material you post or otherwise make available in public areas of the Services. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms and Conditions  violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the Terms and Conditions.

Although Our Representatives may moderate content, conduct and Terms and Conditions   compliance on the Services at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms and Conditions violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or implement other enforcement measures against any content, conduct or potential or purported Terms and Conditions violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else acting on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms and Conditions violation. This section may not be modified, waived or released except by a written agreement, dated and signed by our Managing Member and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Electronic Communications

The communications between you and us via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by Certified U.S. Mail to Jonathan M. Weiss, 2029 Century Park East Suite #2400, Century City, CA  90274 or by email to  Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Services; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in the Terms and Conditions or on the Services.

Changes to the Service

We reserve the right to modify, suspend or discontinue (temporarily or permanently), the Services or any portion of the Services. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Updates

We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either:

  • the App will automatically download and install all available Updates; or
  • you may receive notice of or be prompted to download and install Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and subject to the Terms and Conditions.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services, at any time and for any reason, including for any violation by you of the Terms and Conditions. In addition, we have a policy of terminating the Services usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms and Conditions that were in effect as of the date of your suspension or termination.

Linking Policies

The Services may contain links to other online properties or to third party Sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such online properties, or the products, services or other offerings made available on them, nor do we take responsibility for the accuracy of any such online properties. When you visit a linked online property, you should read the terms and conditions and privacy policy that govern that particular linked online property.

We welcome links to the Site or Services so long as: (i) the Site opens in a new browser window which displays the full version of a page of the Site (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on the Site), (ii) the link to the Site or Services does not state or imply any sponsorship or endorsement by us of any products, services, online property or materials; and (iii) the Site is not display framed within or obfuscated by other content. You may not use any trademarks, service marks or copyrighted materials appearing on the Services, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to the Services upon notice. If you receive such a notice from us, you agree to discontinue your link to the Services.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees, contractors and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use of the Services, your submissions to the Services, or any violation of the Terms and Conditions, or applicable law, by you or by someone accessing the Services via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive the Terms and Conditions and the termination of your use of the Services.

Jurisdictional Issues

We control and operate the Services from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; No Waiver; Severability

The Terms and Conditions, and the relationship between you and us, will be governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful, void or otherwise unenforceable, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of the Terms and Conditions will remain in full force and effect.

Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates regarding the Services or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the Exclusions from Arbitration clause, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

While we may help facilitate the resolution of Disputes, we have no control over and do 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, including and leading up to delivery.

Exclusions from Arbitration. YOU AND WE AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.

Right to Opt Out of Binding Arbitration and Class Action Waiver within 30 Days. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO GARAGE DREAM AUCTIONS, 655 DEEP VALLEY DRIVE SUITE #305, ROLLING HILLS ESTATES CA, 90274 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.

Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO GARAGE DREAM AUCTIONS, 655 Deep Valley Drive Suite #305 TO GIVE US OR OUR AFFILIATE WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE.

Informally Through Negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute, unless the Dispute is resolved within 60 days. If we or our affiliate with which you have a Dispute does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, us or our affiliate with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Arbitration Procedures. Because the software and/or service provided to you by the entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or California state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the entity you had a Dispute with as described above, in the event the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either Los Angeles County, California or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to Los Angeles, California in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

Severability. If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.

Continuation. This Section shall survive any termination of the Terms and Conditions or the provision of the associated services to you.

Governing Jurisdiction

ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN the United States District Court for the southern district of california or, if such court would not have jurisdiction over the matter, then only in a CALIFORNIA State court. Each Party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of the Terms and Conditions IN any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of the Terms and Conditions IN the Federal or state courts sitting in the STATE OF CALIFORNIA, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

Disclaimer of Warranties

THE SERVICES AND ITS CONTENT AND OFFERINGS ARE PROVIDED FOR INFORMATIONAL AND PROMOTIONAL PURPOSES.  WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

  • THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME,
  • THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
  • THE INFORMATION ON THE SERVICES WILL BE ACCURATE OR UP-TO-DATE,
  • THE SERVICES OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
  • INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SERVICES WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR
  • THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
  • ITEMS PURCHASED ON OUR SITE ARE IN THE CONDITION THEY ARE LISTED IN, OPERATE AS ADVERTISED BY A SELLER, OR WILL PASS INSPECTION.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES, ITEMS APPEARING ON OR OFFERINGS PROVIDED VIA THE SERVICES. ALL SERVICES AND OTHER OFFERINGS REQUESTED OR PROVIDED VIA THE SERVICES ARE PROVIDED “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

THE TERMS AND CONDITIONS FOR YOUR TRANSACTION WITH A BUYER OR SELLER ONCE AN AUCTION HAS ENDED, INCLUDING PAYMENT OF THE WINNING BID AMOUNT AND PICK UP, DELIVERY OR SHIPMENT OF A PURCHASED VEHICLE OR ITEM, ARE BETWEEN YOU AND THE BUYER OR SELLER WITH WHOM YOU ARE A PARTY TO AN AUCTION. WE ARE NOT RESPONSIBLE FOR ANYTHING RELATING TO THE AUCTION ITEM OR THE TRANSACTION BETWEEN BUYER AND SELLER POST-AUCTION, INCLUDING BUT NOT LIMITED TO ANY ACTIONS OF EITHER PARTY, COMMUNICATIONS BETWEEN THE PARTIES, AND FUNCTION, QUALITY, ACCURACY AND SAFETY OF A PURCHASED ITEM.

IF YOU REQUEST OR OBTAIN A PRODUCT, SERVICE OR OTHER OFFERING FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SERVICES, THE TERMS AND CONDITIONS FOR YOUR TRANSACTION ARE BETWEEN YOU AND THE THIRD PARTY WITH WHOM YOU ENTERED INTO THE TRANSACTION. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS, SERVICES OR OTHER OFFERINGS FOR DISPUTES BETWEEN YOU AND THEIR PROVIDERS.

YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICES IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SERVICES, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN SOLUTIONS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SERVICES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SERVICES BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SERVICES, AND ANY OF THEIR EMPLOYEES AND AGENTS.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY MATERIALS, OR PRODUCTS PROVIDED THEREIN, OR WITH ANY OF THE SERVICES TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.  WHILE WE 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 AND YOU MAY DECIDE TO FOLLOW IT OR NOT.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOST PROFIT, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES  (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SERVICES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SERVICES, WILL NOT EXCEED THE LESSER AMOUNT OF EITHER (i) THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SERVICES, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SERVICES FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE, or (ii) $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Notice to California Consumers

Under California Civil Code Section 1789.3, California users of the Service receive 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 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

Terms for Apps Made Available on Apple iOS

The following terms of this section apply solely to Apps made available by us on iOS (or its successor operating system) (“Apple Apps”), and do not apply to any other aspect of the Services.

  • You and we acknowledge that the Terms and Conditions are concluded between you and us, and not with Apple Inc. (“Apple”), and that, as among you, Apple and us, we, not Apple, are responsible for (a) the Apple Apps and the content thereof, (b) addressing any claims by you or any third party relating to the Apple Apps or your possession and/or use of that Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, and (c) the investigation, defense, settlement and discharge of any intellectual property infringement claim made by any third party that the Apple Apps or your possession and use of such Apple Apps in accordance with this Agreement infringes that third party’s intellectual property rights.
  • You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Apple Apps.
  • You and we acknowledge that Apple is not a sponsor or involved in any gaming or gambling activity (including any sweepstakes, contests, or raffles) made available on the Services.
  • In the event of any failure of the Apple Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility as among you, Apple and us.
  • You agree that you will only exercise the license granted to you above with regard to the Apple Apps in accordance with the Usage Rules set forth in the App Store Terms of Service.
  • You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms and Conditions, and that, upon your acceptance of the Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you as a third party beneficiary thereof.

You acknowledge and agree that nothing in this section alters the disclaimers or other sections of the Terms and Conditions or creates or makes available to you any right, claim or cause of action against us that does not otherwise exist under the Terms and Conditions and applicable law.

Other

The Terms and Conditions and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Services, constitute the entire agreement between us and you with respect to the Services. This agreement is personal to you and you may not assign it to anyone.

The Terms and Conditions are not intended to benefit any third party, and do not create any third party beneficiaries, [except as otherwise expressly provided in the “Terms for Apps Made Available on Apple iOS” section above]. Accordingly, the Terms and Conditions may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES, OR THE TERMS AND CONDITIONS, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Last Updated: April 30, 2020