American Cars Auction Terms of Use

Introduction

Welcome to AmericanCarsAuction.com (the "Site"). By using the services available from this domain and its sub-domains, you are agreeing to the following terms, and the general principles for the web sites of our subsidiaries and international affiliates.

Before you may become a member of the Site, you must read and accept all of this Terms and Conditions and the Privacy Policy. By becoming a member of this site, you are accepting these Terms and Conditions, you also agree that your use of other AmericanCarsAuction.com branded web sites will be governed by the Terms and Conditions and Privacy Policy posted on those web sites. Your use of this site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this site. If you have any questions about these terms, please contact us.

This Terms and Conditions are effective on July 24th, 2006 for current users, and upon acceptance for new users.

Fees and Services

Joining this Site and bidding on listed vehicles is free. We do charge fees for using other services, such as Bold Vehicles and Highlighted Vehicles. When you list a vehicle or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. We may also choose to raise the fees without prior notice.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content).

Liability

You will not hold the Site responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy vehicles, at anytime, from the USA, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of any vehicle advertised, the truth or accuracy of listings, the ability of sellers to sell vehicles, the ability of buyers to pay for vehicles, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of vehicles from the seller to the buyer.

We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.

Site Access

Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to the Site 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:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

• 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 the Site and the appropriate third party, as applicable;

• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the AmericanCarsAuction.com Privacy Policy. We view protection of users' privacy as a very important community principle. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the AmericanCarsAuction.com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 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 Agreement.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability and Indemnity.