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ISA SITE USER AGREEMENT
1. INTRODUCTION
By registering and/or placing a bid offer on this site, you hereby consent to the ELITE MOTORS II LLC Site User Agreement and related agreements incorporated herein by reference (the "Agreement" or "User Agreement") Elite Motors II LLC. ("Herein known as "INSURANCE SALVAGE AUCTION ® ").
A. General.
This Agreement describes the terms of use of our services available under the domain and sub-domains of www.EliteRebuildableCars.com (the "Site") and the general principles for the web sites of any subsidiaries and international affiliates owned by EliteRebuildableCars.com. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our services.
B. Questions.
If you have any questions, please contact us at info@eliterebuildablecars.com.
C. Acceptance.
To access our services, you must read, agree with and accept all of the terms and conditions contained in this User Agreement and Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, of ELITEREBUILDABLECARS.com.
D. Other sites.
We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as an Insurance Salvage Auction ® user.
2. AMENDMENTS
A. Insurance Salvage Auction ® amendments.
Insurance Salvage Auction ® reserves the right to amend this Agreement at any time by posting the amended terms on the web site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on the Site. In addition, we will notify you in accordance with your account notification preferences or by posting a notice on our main site page.
B. User amendments.
This Agreement may not be otherwise amended except in a writing signed by you and INSURANCE SALVAGE AUCTION ®.
3. MEMBERSHIP ELIGIBILITY
A. Availability.
Our services are available only to individuals who can form legally binding contracts under applicable law. These individuals include, but are not limited to, children (persons under the age of 18) and the mentally incompetent.
B. Minors.
If you are a under the age of eighteen (18), you can use this service only in conjunction with, and under the supervision of your parents or guardians. All auction offers and purchases must be initiated and completed by a parent or guardian, even if the parent or guardian has granted permission to you to act on his or her behalf outside their presence.
4. FEES AND SERVICES
A. General Fees.
Bidding on items on INSURANCE SALVAGE AUCTION ® site is free. However, we may charge fees for some additional services offered through our Site. In the event you choose to utilize a fee based service, you will always have an opportunity to review and accept the fee that you will be assessed prior to any fee being charged to your account.
B. Fee Changes.
We may change our fees for our services. Our changes to our fee policy are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our fee policy and the fees for our services for promotional events and such changes are immediately effective when posted at the temporary promotional event area on the Site. We may in our sole discretion change or discontinue some or all of our services at any time.
C. New Services.
When we introduce a new service, the fees for that service are effective immediately upon the launch of the service. Fees are quoted only in U.S. Dollars, unless otherwise stated. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
5. INSURANCE SALVAGE AUCTION ® IS A ONLINE VENUE
A. Status.
INSURANCE SALVAGE AUCTION ® is not an Auctioneer or even an Auction. It is important to understand that we are not a traditional "auctioneer." We are merely a venue that allows people to make bid offers, on currently running Insurance salvage auctions, before specified offer submission deadline expires. The individual who made the highest offer through the Site is then notified by INSURANCE SALVAGE AUCTION ® whereupon the individual must guarantee the offer with a security deposit to INSURANCE SALVAGE AUCTION ® in an amount of Four Hundred Dollars ($500.00) or twenty Percent (20%) of the offer price, whichever is the greater ("Security Deposit") 9PM EST the day the auction dead line expires on our site. If we do not receive a security deposit by 10AM EST the following morning, you signed and agreed to allow ISA to automatically charge the credit card you supplied to us at the time of registration. INSURANCE SALVAGE AUCTION ® will present this bid at the insurance auction on behalf of the client. INSURANCE SALVAGE AUCTION ® can and does allow people to offer to buy just about any type of auto regardless of geographic area, in a variety of pricing formats, including a fixed price format and an auction-style format most commonly referred to as "online auctions”. Unlike traditional auction houses, we are not involved in the actual transaction between buyers and sellers.
B. Control of products offered.
We have no control over the quality, condition, safety or legality of the items advertised on the INSURANCE SALVAGE AUCTION ® Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot guarantee that a buyer or seller will actually complete a transaction.
C. Fixed Price Marketplace.
INSURANCE SALVAGE AUCTION ® also maintains another area of the site that gives you the ability to purchase restored autos or repairable vehicles at a fixed price. Specific terms and conditions are noted in the legal disclaimer on that portion of the site.
D. Identity Verification.
We verify the accuracy of the information our users provide us when they place bids on the Site by validating emails, IP Addresses and phone numbers. If the information you provide is false you will be black listed from our services permanently.
E. Release.
Because we not an auctioneer, in the event that you have a dispute with one or more third parties, you hereby release INSURANCE SALVAGE AUCTION ® (and our officers, directors, agents, partners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
* Note to California residents: If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
F. Information Control.
We have no control of the information provided by other third parties that is made available to you through our system. Furthermore, with respect to third party representations concerning documentation such as Department of Motor Vehicle titles, registrations, VIN numbers or dealer 'certifications' or 'warranties', INSURANCE SALVAGE AUCTION ® does not guarantee the accuracy or availability of third party documentation. By registering with this Site, you agree to accept such risks and INSURANCE SALVAGE AUCTION ® is not responsible for the acts or omissions of users on the Site.
6. OFFERS, BIDDING AND BUYING
A. Obligations.
As a buyer, you are obligated to complete the transaction with the seller when you submit a bid:
1. if you purchase an item through one of our fixed price formats; or
2. if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your offer is accepted by the seller at the insurance auction.
B. Bid Offer.
By registering and placing a bid offer on an item you agree to be bound by the conditions of sale included in the item's description unless these conditions of sale are in violation of this Agreement or unlawful. In the event that you are the highest eligible offer and do not remit your mandatory Security Deposit within the time frame set forth above, INSURANCE SALVAGE AUCTION ® has the exclusive right to cancel your offer bid and pursue you for the Security Deposit, in addition to any other remedies INSURANCE SALVAGE AUCTION ® may elect to exercise. Offers are final and not retractable except in exceptional circumstances, such as:
1. when the seller materially changes the item's description after you place your offer;
2. a clear typographical error is made; or
3. when the seller does not confirm your purchase of our services.
C. Fraud.
Without limiting any other remedies, INSURANCE SALVAGE AUCTION ® reserves the right to cancel your offer, without notice to you, if we suspect that you have engaged in fraudulent activity in connection with the Site.
D. Manipulation.
Neither you, bidders nor third parties may manipulate the price of any item nor may you interfere with other user's listings or transactions. We keep track and record IP Addresses of all bids placed.
7. YOUR INFORMATION
A. Definition.
Your Information" is defined as any information you provide to us or in any public message area or through any e-mail, offer or fax feature. You are solely responsible for Your Information.
B. Restricted Activities.
Your Information and your activities on the Site shall not:
1. be false, inaccurate or misleading;
2. be fraudulent or involve the sale of counterfeit or stolen items;
3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4. violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
6. be obscene;
7. contain any viruses, spyware, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8. create liability for Insurance Salvage Auction ® or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
9. link directly or indirectly to or include descriptions of goods or services that:
(a) are prohibited under this Agreement;
(b) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;
(c) are concurrently listed for sale on a web site other than Insurance Salvage Auction ® (this does not prevent linking to or advertising an Insurance Salvage Auction ® item from another Web site); or
(d) you do not have a right to link to or include.
C. License.
By using this site, you agree to allow Insurance Salvage Auction ® to use the information you supply us with, and in using this information, we are not violating any rights you might have in that information. You also agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Insurance Salvage Auction ® will NOT PASS YOUR INFORMATION TO 3RD PARTIES.
8. ACCESS AND INTERFERENCE
A. Interference.
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to INSURANCE SALVAGE AUCTION ® by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
1. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
2. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of INSURANCE SALVAGE AUCTION ® and the appropriate third party, as applicable; and
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
9. BREACH
Without limiting other remedies, we may limit your activity, immediately remove your offers or listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if;
(a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us;
(c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or
(d) for any reason whatsoever.
10. PRIVACY
A. General.
We do not sell or rent your personal information to third parties for their marketing purposes ever!! The privacy of a user is very important, and we understand clearly that you and your information is one of our most important assets.
B. Storage.
We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
11. NO WARRANTY
INSURANCE SALVAGE AUCTION ®, OUR SUB DOMAINS, OFFICERS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED. INSURANCE SALVAGE AUCTION ® AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE INSURANCE SALVAGE AUCTION ® SITE IS AT YOUR SOLE RISK. NEITHER INSURANCE SALVAGE AUCTION ®, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE INSURANCE SALVAGE AUCTION ® SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INSURANCE SALVAGE AUCTION ® SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE INSURANCE SALVAGE AUCTION ® SITE.
IN ADDITION TO THE TERMS ABOVE INSURANCE SALVAGE AUCTION ®, IT’S INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN INSURANCE SALVAGE AUCTION ® SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM.
12. LIABILITY LIMIT
IN NO EVENT SHALL INSURANCE SALVAGE AUCTION ® AND IT�S AFFILIATES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) FIVE HUNDRED DOLLARS ($500.00).
13. INDEMNITY
You agree to indemnify and hold Insurance Salvage Auction ® and its affiliates responsible from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
15. NO AGENCY
You and INSURANCE SALVAGE AUCTION ® are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16. NOTICES
Any notices shall be given by postal mail to Insurance Salvage Auction ® 1498 Ralph Ave Brooklyn ,NY 11236. Notice shall be deemed given twenty four (72) hours. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to INSURANCE SALVAGE AUCTION ® during the offer process. In such case, notice shall be deemed given three (3) days after the date of mailing.
17. RESOLUTION OF DISPUTES
A. General.
In the event a dispute arises between you and INSURANCE SALVAGE AUCTION ®, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. You and INSURANCE SALVAGE AUCTION ® agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. ALL FINAL DECISIONS OF DISPUTES ARE UP TO INSURANCE COMPANY OR AUTHORIZED VEHICLE SUPPLIER.
B. Binding Arbitration.
For any Claim you or INSURANCE SALVAGE AUCTION ® may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by an arbitrator mutually agreed between by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
C. Court.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in KINGS COUNTY, Brooklyn, New York. You and INSURANCE SALVAGE AUCTION ® agree to submit to the personal jurisdiction of the courts located within the county of Brooklyn County, New York.
D. Mediation. Alternatively
INSURANCE SALVAGE AUCTION ® will consider use of other alternative forms of dispute resolution, such as mediation to be held in KINGS COUNTY, Brooklyn, New York.
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