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User Agreement

 
 
 

 

 

  1. Introduction

 

Welcome to AutoHunter™. By accessing this website (the "Site"), listing a vehicle for auction, or bidding on an auction vehicle listed on AutoHunter, you agree to be bound by the Terms and Conditions appearing in this document. Your use of the services provided by the Site or any of its subsidiaries (the "Service") is specifically conditioned upon your agreement to the Terms and Conditions contained in this Terms and Conditions Agreement (the "Agreement"). By using the Service, you are agreeing to all of the terms contained in this Agreement.

 

  1. About

 

AutoHunter is an information Service and auction website that brings together buyers and sellers. AutoHunter 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 or for auction on our Service. AutoHunter  does not hold or possess title for any vehicle listed for sale or for auction on our Service, has not inspected any vehicle on our Service, and does not hold in our legal possession any of the vehicles on the Service. AutoHunter is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Service, and AutoHunter 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. 

 

  1. Definitions 

 

Throughout this Agreement, the words “AutoHunter”, "we," "us," "our", “company”, and "ours" refer to The Collector Car Network, Inc. an Arizona corporation, its officers, employees, consultants, and subsidiaries. The word “Service” refers to the digital listing of vehicles for auction, information and processes regarding such auctions, and the convergence of buyers, sellers, and enthusiasts for that purpose. The words "you," "your," “buyer”, “seller”, and "yours" refer to you, a user of the Service. The word Content refers to the principal substance of the website.

 

  1. Ownership 

 

Any and all intellectual property rights associated with the Service and the Company and its affiliates -including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets, and copyrights- are the sole property of The Collector Car Network, Inc., and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without our express written permission. Except as provided herein, we do not grant to you any express or implied rights to our intellectual property.

 

"Drive Your Dream" , "Safe-n-Secure", ClassicCars.com, and AutoHunter and other Collector Car Network, Inc. marks, logos, designs, and phrases that we use in connection with our Services are trademarks, Service marks, or trade dress of The Collector Car Network, Inc. in the U.S. and other countries.

 

  1. AutoHunter Use

 

In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service. 

 

You explicitly agree not to: 

 

  1. Transmit any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right.
  2. 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. 
  3. Transmit any Content that violates any applicable local, state, national, or international law that could give rise to civil or criminal liability. You may only use the Service 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.
  4. Transmit any unsolicited promotional Content, advertising materials, "spam," chain letters, unauthorized links to other websites, or other such solicitation 
  5. Use the Service to publicly broadcast, transmit, or display Content for "pay-per-download" or other commercial purposes 
  6. Transmit any Content that solicits purchase of any product or service, unless that solicitation has been paid for by you and explicitly approved in writing by us 
  7. Use the Service to transmit Content that includes any virus, worm, Trojan horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any other Internet host.
  8. Disguise your identity by spoofing, masking, forging headers, using third-party forwarders, or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity.
  9. Use any robot, spider or other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Service, nor act as a conduit for others to affect the same result.
  10. Use the Service with the intent to defraud us, any user of the Service, or any other party, including, but not limited to, using the Service to solicit sales fraudulently or using the Service to engage another party in a fraudulent transaction
  11. Collect 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 Service (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 email bombs (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 Service by any other user or third party, including placing malware on the Service.
  12. No Bullying, Impersonation, or Interference. You may not use the 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 the 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 Service.

 

You agree that we, in our sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third party as a result of our termination of your access to the Service.

 

If you are misusing the Service, in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your access to our Services, delay or remove hosted Content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using Services.

 

If you’ve violated this Agreement, then you’re also responsible for damages to The Collector Car Network, Inc. caused by your violation of this Agreement. You are responsible for all claims, fees, fines, penalties and other liability incurred by The Collector Car Network, Inc any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Services.

 

  1. Fees

 

An auction 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 Services are shown in the Company 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 Company site.

 

If you are a seller, you are responsible for a listing fee at the time a vehicle is listed on the Company site. The amount of the listing fee is posted on the Company 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 Company, you may be liable to pay the buyer fee applicable to that item, even if the item doesn't sell, given your usage of Company Services 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 Company and pay all fees and applicable taxes associated with our Services.  

All information that you provide in connection with a monetary transaction interaction with the Service 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.

 

All payments made by you to the Company will be facilitated through a third-party payment processing service. 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. Company, 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 Company reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at (480)845-6600.

 

If you wish to dispute the information a collection agency reported to a credit bureau regarding your Company account, you must contact the collection agency directly.

 

Seller fees don't purchase exclusive rights to item exposure on the Company’s website, 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 Services.

You may cancel your Company account at any time; however, there are no refunds for or in connection with cancellation; provided, that Seller’s fees may be refundable solely prior to a Seller’s listing being assembled. If the Company suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund, including in any Content or data associated with your account for anything else.

 

The Company may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.  
 

  1. Listing Conditions

 

When listing an item:

 

  1. You are responsible for the accuracy and Content of the listing and item offered.
  2. 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.
  3. Content that violates any of Company’s policies may be modified, obfuscated, or deleted at Company’s discretion.
  4. We may revise product data associated with listings to supplement, remove, or correct information Metatags and URL links that are included in a listing may be removed or altered.
  5. Should a “reserve price” be initiated by the seller, then at no time during an active auction is the seller permitted to discuss, internally email on the AutoHunter platform, comment, reply to “question to seller”,  or otherwise openly reveal the “reserve price” as this is considered proprietary information. Violation of this clause may result in the removal of the subject communication and/or removal of the listing. The seller, at its choosing, may reduce the “reserve price” or change the listing to “no reserve” by contacting their account representative directly.  

 

  1. Purchase Conditions

 

When buying an item, you agree that:

 

  1. 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.
  2. You agree to pay the buyers fee to Company 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 Company auction’s fee, and any and all additional fees associated with your offer or bid.
  3. 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.
  4. 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.
  5. We do not transfer legal ownership of items from the seller to the buyer.

 

  1. Bidding and Auction 

 

In connection with the Services, sellers may elect to provide Company 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 by notifying Company of the change via email. If we believe you are abusing the Service, 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 Services, remove listings and take technical and/or legal steps to prevent you from using our Services.

 

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:

 

  1. A winning bid submitted via the Service is binding on the buyer with respect to applicable buyer’s fees, and;
  2. 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 Company 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

 

Company is not responsible for incorrect information given by buyers or sellers, including title and other information regarding vehicles, including but not limited to, vehicle mileage, history, condition, and photos of the vehicle. We do not guarantee vehicles available from our Site. The sale of vehicle(s) is between the legal owner and the buyer only. Vehicle information or inspection reports provided by sellers is provided for informational purposes only. 

In certain circumstances, following the close of an auction, if no bid has met the Seller’s Reserve, The Collector Car Network, Inc. may offer to pay Seller a separate amount to make up the difference between the Reserve and the highest bid (the “Make Whole Amount”); provided, that if The Collector Car Network, Inc. provides such Make Whole Amount to Seller in connection with the foregoing, The Collector Car Network, Inc. will provide the Make Whole Amount to the Seller upon provision by the Seller to The Collector Car Network, Inc. of a notarized copy of the transfer of vehicle title to the Buyer.

 

SELLER ACKNOWLEDGES AND AGREES THAT THE OFFERING OR PROVISION OF SUCH MAKE WHOLE AMOUNT BY THE COLLECTOR CAR NETWORK, INC TO SELLER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE THE COLLECTOR CAR NETWORK, INC A PARTY TO SALE OF THE SELLER’S APPLICABLE VEHICLE OR OTHER TRANSACTION BETWEEN THE SELLER AND THE BUYER. 

 

  1. Content

 

When providing Content using the Services (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 Services, 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 The Collector Car Network, Inc., 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 Services.

 

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.

 

The Collector Car Network, Inc. takes no responsibility and assumes no liability for any Content provided by you or any third party. The Collector Car Network, Inc. cannot promise that the Content provided through the Services will always be available, accurate, complete, and up to date. The Collector Car Network, Inc. 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 The Collector Car Network, Inc. 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 The Collector Car Network, Inc. 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. The Collector Car Network, Inc. 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, The Collector Car Network, Inc. may investigate the allegation and determine in its sole discretion whether to take action.

 

The Collector Car Network, Inc. has no liability or responsibility to users for performance or nonperformance of such activities. You agree that The Collector Car Network, Inc. is not responsible for examining or warranting the listings or Content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

 

Although we have no obligation to monitor the Content of our users, we reserve the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third parties, or protect our rights, property, or personal safety, or that of our users, or of the public. 

 

  1. Authorization to Contact You; Recording Calls; Analyzing Message Content

 

Company 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. Company may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with The Company or its agents for quality control and training purposes, or for its own protection.

 

  1. Privacy of Others; Marketing

 

If The Collector Car Network, Inc. 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 Services. 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.

 

  1. Disclaimer of Warranties; Limitation of Liability

 

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in AutoHunter’s applications may not occur in real time. Such functionality is subject to delays beyond AutoHunter’s control. 

 

YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES 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, THE COLLECTOR CAR NETWORK, INC., 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 SERVICE. 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 SERVICE 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 SERVICE 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:

 

  1. your use of or your inability to use our Services;
  2. the Content you provide (directly or indirectly) using the Services;
  3. pricing, shipping, format, or other guidance provided by the Company;
  4. delays or disruptions in our Services;
  5. viruses or other malicious software obtained by accessing or linking to our Services;
  6. glitches, bugs, errors, or inaccuracies of any kind in our Services;
  7. damage to your hardware device from the use of any Collector Car Network, Inc. Service;
  8. the Content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  9. a suspension or other action taken with respect to your account or breach of this User Agreement;
  10. the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
  11. 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.

 

Errors in Content, including, but not limited to, description, photography, or typographical errors, are subject to correction at our sole discretion. 

 

  1. Release

 

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.

 

  1. Indemnity

 

You agree to indemnify and hold The Collector Car Network, Inc. (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 any and 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 Services or Content, (b) information you provide or we obtain about you and your use of the  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 Services (including the sharing of your Credentials).

 

The Collector Car Network, Inc. reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of The Collector Car Network, Inc.. The Collector Car Network, Inc. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

  1. Legal Disputes

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE COLLECTOR CAR NETWORK, INC. AGAINST EACH OTHER ARE RESOLVED. 

 

You and The Collector Car Network, Inc. agree that any claim or dispute at law or equity that has arisen, or may arise, between you and The Collector Car Network, Inc. (including any claim or dispute between you and a third-party agent of The Collector Car Network, Inc.) 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 Services, the actions of The Collector Car Network, Inc. or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

 

  1. Applicable Law
    You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Arizona, 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 The Collector Car Network, Inc., except as otherwise stated in this User Agreement.

 

  1. Agreement to Arbitrate
    You and The Collector Car Network, Inc. each agree that any and all disputes or claims that have arisen, or may arise, between you and The Collector Car Network, Inc. (including any disputes or claims between you and a third-party agent of The Collector Car Network, Inc.) 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 Services, the actions of The Collector Car Network, Inc. or its agents, or any products or services sold, offered, or purchased through the Services 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.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief

 

YOU AND THE COLLECTOR CAR NETWORK, INC. 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 THE COLLECTOR CAR NETWORK, INC. 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 The Collector Car Network, Inc.s’ right to appeal the court's decision. All other claims will be arbitrated.

 

Arbitration Procedures

 

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 The Collector Car Network, Inc. should be sent to 1345 East Chandler Blvd Ste 101, Phoenix, AZ 85048 and by email to legaloffice@autohunter.com. The Collector Car Network, Inc. will send any Notice to you to the physical address we have on file associated with your Collector Car Network, Inc. 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 The Collector Car Network, Inc. are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Collector Car Network, Inc. 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 The Collector Car Network, Inc. at the following address: 1345 East Chandler Blvd Ste 101, Phoenix, AZ 85048 and by email to legaloffice@autohunter.com. In the event The Collector Car Network, Inc. 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 Collector Car Network, Inc. account.  

 

Any settlement offer made by you or The Collector Car Network, Inc. shall not be disclosed to the arbitrator. The arbitration hearing shall be held in Maricopa County, Arizona 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 Collector Car Network, Inc. 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.

 

Costs of Arbitration

 

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 The Collector Car Network, Inc. for all fees associated with the arbitration paid by The Collector Car Network, Inc. on your behalf that you otherwise would be obligated to pay under the AAA's rules.

 

Severability

 

With the exception of any of the provisions in Section B 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.

 

Opt-Out Procedure

 

IF YOU ARE A NEW USER OF OUR SERVICES, 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 THE COLLECTOR CAR NETWORK, INC. RE: OPT-OUT NOTICE, 1345 East Chandler Blvd Ste 101, Phoenix, AZ 85048 and by email to legaloffice@autohunter.com. You must complete the Opt-Out Notice by providing information including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with The Collector Car Network, Inc. Service 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.

 

Future Amendments to the Agreement to Arbitrate

 

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 The Collector Car Network, Inc. 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 The Collector Car Network, Inc. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on AutoHunter.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.

 

Judicial Forum for Legal Disputes

 

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 The Collector Car Network, Inc. must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You and The Collector Car Network, Inc. agree to submit to the personal jurisdiction of the courts located within Phoenix, Arizona for the purpose of litigating all such claims or disputes.

 

  1. Third Parties

 

Parties other than us and our subsidiaries may operate stores, provide services, or sell product lines on the Service. Additionally, the Service may offer links to the websites of affiliated companies and certain other businesses. We shall not be responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the Content of their respective websites. We assume no responsibility or liability for the actions, product, and Content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use. 

 

  1. Electronic Communications

 

By using the Service or by communicating with us electronically via email, instant messenger, SMS, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  Standard message and data rates may apply, and these text messages may count towards any messaging limit set in your mobile plan. Check with your mobile provider for further information. The Company is not responsible not responsible for any and all user fees associated with electronic communications due to usage of the Company site.

 

  1. Third Party Affiliate Marketing

 

We may participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links. 

 

  1. Privacy Policy

 

In connection with your access to or use of the Service, we may obtain information from you directly, or about you, through the Service. Please refer to our Privacy Policy, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information.

 

  1. Miscellaneous

 

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 AutoHunter.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 AutoHunter.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We may at any time, and without notice, modify, update, amend, or otherwise change the terms of this Agreement without notice to you, and you agree to be bound by such changes. Your continued access or use of our Services 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 a Company 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 Services may be changed from time to time. Changes take effect when we post them on the AutoHunter 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 Services set forth the entire understanding and agreement between you and the Company and supersede all prior understandings and agreements of the parties.

 

  1. Term and Termination

 

These Terms of Use apply to you as soon as you access the Services by any means and continue in effect until they are validly terminated. As described below, some terms remain applicable even after termination. 

 

The Collector Car Network, Inc. may, in its sole discretion, terminate your Credentials (including your password, account (or any part thereof)) or use of the Services, or remove and discard any User Content or information stored, sent, or received via the 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 Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the 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 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 Services shall not affect any right or relief to which The Collector Car Network, Inc. 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 The Collector Car Network, Inc. and its licensors and all rights granted by you to The Collector Car Network, Inc. shall survive in perpetuity. 

 

Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Services, the following provisions of this Agreement will survive: Sections 2 – 24. 

 

  1. Entire Agreement

 

This Agreement (including the Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Services) constitutes the entire agreement between you and us regarding the use of the Services. Our 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. 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. 

 

  1. Contact Us

 

If you have any questions about this Agreement, you may contact us by email at: useragreement@autohunter.com