ELITEMOTORCARS SITE USER AGREEMENT
By actively navigating, registering and/or placing a bid offer on this site, you hereby consent to be bound to the terms of the Elitemotorcars Site User Agreement and related agreements incorporated herein by reference (the "Agreement" or "User Agreement") of INSURANCE AUCTIONS INC. (hereinafter referred to as “Elitemotorcars”).
A. General. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.elitemotorcars.com (the "Site") and the general
principles for the web sites of any subsidiaries and affiliates. 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@elitemotorcars.com
D. Other sites. We strongly recommend that, as you read this User Agreement, you also access and read the information contained inreferenced pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as a Elitemotorcars user.
A. Elitemotorcars amendments. Elitemotorcars 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 the party to be charged.
C. Effective date. This agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on May 1, 2015 for all users.
3. REGISTRATION ELIGIBILITY
A. Availability. Our services are offered and are available only to individuals legally capable of entering into binding contracts under applicable law. We may not, and do not, transact business with minors (persons under 18 years of age) or the mentally incompetent. We also do not offer our services, or transact business, with Users whose accounts have been temporarily or indefinitely suspended for any reason. Any transactions attempted by persons who fail to meet these eligibility requirements are a nullity.
B. Transferability. Your Elitemotorcars account (including related account information) and User ID/Password may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
4. FEES AND SERVICES
A. General Fees.
a) You may register your Elitemotorcars website by completing our free online Registration Form. Upon approval of your registration, you will be free to browse our website until you have found a vehicle of interest to you and wish to place a bid. b) In order to engage in vehicle bidding, you will be required to deposit $500.00 in your account. This deposit is applied as follows: $150.00 represents a non-refundable registration fee in Elitemotorcars. However, when you purchase your first vehicle through Elitemotorcars, this registration fee can be applied against and thereby reduce your final purchase price; and $500.00 less the registration fee represents a fully refundable on-account payment to secure your bids (“Security Deposit”) (See Section 5 below).
B. Fee Changes. We may occasionally modify or change our fees for our additional services. Changes to our Fees and Refund 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 Fees and Refund Policy and the fees for our services for promotional events. 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. In the event we introduce new services, the fees for such services are effective immediately upon the launch of the services. Fees are quoted only in United States dollars, unless otherwise stated. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
5. ELITEMOTORCARS IS AN ONLINE VENUE
A. Status. ELITEMOTORCARS is not an Auctioneer. We are commonly referred to as an online auction web site, but it is important to understand that we are not a traditional "auctioneer". WE DO NOT OPERATE in the manner or mode of EBAY or similar online auction web sites. We are merely a venue that allows people to make bid offers, on currently running automobile Insurance auctions, before our in- house specified offer submission deadline expires. Upon expiration of the designated offer submission deadline, the individual who made the highest offer through our Site is then notified by ELITEMOTORCARS, whereupon the individual guarantees the offer with the Security Deposit on account with Elitemotorcars in the amount of $500.00 or by Ten Percent (10%) of your bid price, whichever is the greater, within twenty four (24) hours. Elitemotorcars deals with multiple insurance companies and auction houses which have different terms and requirements. Please keep in mind that placing bids on certain vehicles may require a $1000 or thirty three percent (33%) of offer, whichever is greater ("Security Deposit"). You may be required to increase your Security Deposit before any independent auction begins based on your bid. Since all insurance auctions are closed to the general public and only licensed auto salvage representatives can bid at these auctions, Elitemotorcars will present your bid offer at the insurance auction on your behalf. Please note that although you may have the highest bid offer on the Elitemotorcars Site, your bid offer may be exceeded at the insurance auction by other eligible bidders and thereby you will not acquire the vehicle.
By opting for this business model, Elitemotorcars 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" or "auctions." Unlike traditional auction houses, we are not involved in the actual transaction between buyers and sellers. Because of our special relationships in the industry, there is no warranty or guarantee that a buyer’s final bid will be the same amount as the winning auction bid in any auction. In order to obtain the best market prices, we are often required to pay administrative fees, broker fees, bulk sales fees, and agent costs in addition to the winning bid amount. Buyers will never pay more than their approved maximum bid together with auction fees and other related service fees. (See Fee and Refund Policy)
B. Control of products offered. As a result of our status as a venue, we have no control over the quality, condition, safety or legality of the items advertised on the Elitemotorcars Site; the truth or accuracy of the listings; the ability of sellers to sell items; or the ability of buyers to pay for items. All items are sold and purchased on an “AS IS” basis without express or implied warranties of any kind of nature. We cannot guarantee that a buyer or seller will actually complete a transaction. By Agreeing, to use Elitemotorcars the following Terms and Policy are in effect. You are also agreeing that in the event and Insurance Company and or Auction, sell a particular vehicle that was committed to Elitemotorcars and its Affiliates, that if resold by Insurance Auction, to another Auction, Broker or another affiliate, you are agreeing to take a comparable vehicle that fits the same criteria, or at least work with the Elitemotorcars Team to locate another vehicle within a 60 to 90 day period. In the event that you have decided, after the 90 day period has elapsed and you no longer wish to look for a vehicle with Elitemotorcars, you will need to request a refund in writing.
C. Fixed Price Marketplace. Elitemotorcars maintains a separate area of the Site which offers you the ability to purchase restored autos at a fixed price. Specific terms and conditions may apply to your use of this fixed price area.
D. Identity Verification. We frequently verify the accuracy of the information our users provide us when they register on the Site. However, due to the expense and difficulty of verifying this information, Elitemotorcars cannot and does not confirm each user's purported identity.
E. Release. Because we are a venue and not an auctioneer, in the event that you have a dispute with one or more third parties, you hereby release Elitemotorcars (and our officers, directors, agents, subsidiaries, 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.
F. Information Control. We have no control over the information provided by third parties and made available through our system. As a result, you may find such third party information from other users to be inaccurate. Furthermore, with respect to third party representations concerning documentation such as Department of Motor Vehicle titles, registrations, VIN numbers or dealer ‘certifications’ or ‘warranties’, Elitemotorcars does not guarantee the accuracy or availability of third party documentation. By actively navigating this Site, you agree to accept such risks and Elitemotorcars is not responsible for the acts or omissions of users on the Site. Items contained in pictures provided by Sellers, such as keys and handbooks, are not guaranteed to be contained in any delivered vehicles as Elitemotorcars is never in possession of any vehicles and auctioneers and shipping companies act independently of Elitemotorcars...
6. OFFERS, BIDDING AND BUYING
A. Obligations. As a buyer, you are obligated to complete all transactions with all sellers:
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 entering 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 bid offer at our in-house auction processes and do not remit your mandatory Security Deposit and processing fee as outlined in the Fees and Refund Policy and within the time frame set forth therein, Elitemotorcars has the unilateral and absolute right to cancel your offer bid and pursue you for collection of the defaulted Security Deposit, processing fees, related legal costs and fees associated with the collection, in addition to any other legal remedies Elitemotorcars may elect to exercise. Additional fees may be assessed to cover costs and administrative expenses associated with your default.
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; or
2. a clear typographical error is made; or
3. when the seller does not confirm your purchase in the fixed-price area of our services.
C. Fraud. Without limiting any other remedies, Elitemotorcars reserves the right to suspend or terminate your account, without notice to you, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. In addition, Elitemotorcars will report all online fraud to local authorities for prosecution.
D. Manipulation. Neither you, nor bidders, nor third parties may manipulate the price of any item. You may not interfere with other user's listings or transactions.
7. YOUR INFORMATION
A. Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any e-mail feature. You are solely responsible for Your Information, and we act merely and exclusively as a passive conduit for the online distribution and publication of 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, anti-discrimination 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 Elitemotorcars 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 listed 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 Elitemotorcars's (this does not prevent linking to or advertising an Elitemotorcars item from another Web site); or
(d) you do not have a right to link to or to include.
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 Elitemotorcars 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 Elitemotorcars 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 (4) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, immediately remove your bid 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.
11. NO WARRANTY
ELITEMOTORCARS, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ELITEMOTORCARS, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES 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 ELITEMOTORCARS SITE IS AT YOUR SOLE RISK. NEITHER ELITEMOTORCARS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORRS WARRANT THAT THE ELITEMOTORCARS 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 ELITEMOTORCARS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ELITEMOTORCARS SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ELITEMOTORCARS, NOR ITS AFFILIATES, 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 UN-AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ELITEMOTORCARS.COM SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
12. LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). 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).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless 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 Elitemotorcars are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended, implied, or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail , SEND NOTICES BY POSTAL MAIL FOR TITLES ONLY TO INSURANCE AUCTIONS INC., 333 SE 2ND AVENUE MIAMI FLORIDA 33131. All administriative notices are to be sent to Insurance Auctions Inc. 1201 Orange Street, Suite 600 Wilmington, Delaware 19801. Notice shall be deemed effective upon a) actual receipt; b) or, if certified mail, return receipt requested, is utilized, three (3) days after the date of mailing, irrespective of actual receipt. We may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Elitemotorcars during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing, irrespective of actual receipt.
17. RESOLUTION OF DISPUTES
A. General. In the event a dispute arises between you and Elitemotorcars, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Elitemotorcars 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.
B. Binding Arbitration. For any Claim you or Elitemotorcars 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. The arbitrator shall not have the power to alter or modify this agreement or to render an award which by its terms effects such alteration or modification.
C. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the State of Florida, or Delaware. You and Elitemotorcars agree to submit to the personal jurisdiction of the courts located in the State of Florida. In the event the dispute is over a deposit, both yourself and Elitemotorcars agreed to submit personal jurisdiction of the courts located in Delaware.
D. Mediation. Alternatively, Elitemotorcars will consider use of other alternative forms of dispute resolution, such as mediation, to be held in any mutually agreed venue by the parties.
18. ADDITIONAL TERMS
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
Fees and Refund Policy: http://www.elitemotorcars.com/fees
This Agreement shall be governed in all respects by the laws of the state of FLORIDA in the event the dispute is over a motor vehicle. The initial deposits on vehicles, will be governed by the State of Delaware in the event of a dispute with Insurance Auctions inc, which manages our online payment gateways. All other disputes will be governed by the lawsof Florida. . We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Elitemotorcars in accordance with Section 16 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe, or describe 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. In the event of any action, mediation, litigation, arbitration, suit, or proceeding arising from or under the terms, provisions, or conditions of the agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs of suit or other proceeding. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 4 (Fees and Services) with respect to fees owed for our services, 5E (Release), 7C (License), 8 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.