User Agreement below is in effect since March 1st, 2004.
Welcome to the User Agreement for DetroitCarAuction.com. This Agreement describes the terms
and conditions applicable to your use of our services available under the domain
and sub-domains of www.DetroitCarAuction.com If you do not agree to
be bound by the terms and conditions of this Agreement or are not eligible, please
be advised to not use our services.
You must read, agree with and accept all of the terms and conditions contained
in this User Agreement and the Privacy Policy, which include those terms and conditions
expressly set out below and those incorporated by reference, before you may become a
member of DetroitCarAuction.com. We strongly recommend that, as you read this User Agreement,
you also access and read the information contained in the other pages and websites
referred to in this document, as they may contain further terms and conditions that
apply to you as an DetroitCarAuction.com user. Please note: underlined words and phrases are links
to these pages and websites. By accepting this User Agreement, you also agree that
your use of other DetroitCarAuction.com websites will be governed by the terms and conditions
posted on those websites.
We may amend this Agreement at any time by posting the amended terms on our site.
Except as stated below, all amended terms shall automatically be effective
15 days
after they are initially posted on our site and should be considered public knowledge.
This Agreement may not be otherwise amended except in a writing signed by you and
DetroitCarAuction.com. This Agreement is effective on February 10th, 2001 for newly
registering users.
- Eligibility Requirements.
Our services are available only to individuals who can form legally binding contracts
under applicable law. Without limiting the foregoing, our services are not available
to minors or to temporarily or indefinitely suspended DetroitCarAuction.com members. If you are
a minor, you can use this service only in conjunction with your parents or guardians.
If you do not qualify, please do not use our services. Further, your DetroitCarAuction.com account
(including feedback) and User Id 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.
- Fees and Services.
Joining DetroitCarAuction.com is free. Our Fee Structure is available
at http://DetroitCarAuction.com/fees.aspx.
We may change our Fees and Credits Policy from time to time. Our
changes to the policy are effective after we provide you with at least fourteen
(15) days' notice of the changes by posting the changes on the announcements board.
When you list an item you have an opportunity to review and accept the fees that you
will be charged for the use of our listing services. We may in our sole discretion
change some or all of our services at any time. In the event we introduce a new service,
the fees for that service are effective at the launch of the service. Unless otherwise
stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees
associated with using our service and our website and all applicable taxes.
- DetroitCarAuction.com is a Venue.
3.1 DetroitCarAuction.com is not an Auctioneer. Although we are commonly referred to as an
online auction web site, it is important to realize that we are not a traditional
"auctioneer." Instead, our site acts as a venue to allow anyone to
offer (by place classified ads) , sell (bid for classified ads), and buy just about anything
mainly automotive industry merchandise and services),
at anytime, from anywhere, in a variety of pricing formats, including a fixed price
format and an auction-style format commonly referred to as "online
auctions-classifieds"
or "auctions/reverse auctions-classifieds." We are not involved in the actual transaction
between buyers and sellers. As a result, we have no control over the quality, safety
or legality of the items advertised, the truth or accuracy of the listings, the
ability of sellers to sell items or the ability of buyers to buy items. We cannot
ensure that a buyer or seller will actually honor a transaction partially or
completely.
3.2 User Verification. We use many techniques to identify our users when
they register on our site. However, because user verification on the Internet is
difficult, DetroitCarAuction.com cannot and does not confirm each user's purported identity.
Thus, we have established a user-initiated feedback system to help you evaluate with
whom you are dealing. We also encourage you to communicate directly with potential
trading partners through the tools available on our site. You may also wish to consider
using a third party escrow service or services that provide additional user verification.
We do reserve the right to contact you directly by any and all means of communication
that you leave to us at the time of registration (applies to dealers the most).
3.3 Liability Release. Because we are a venue, in the event that you have a
dispute with one or more users, you release DetroitCarAuction.com (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, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with such
disputes. 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."
3.4 Information Management. We do not control/manage the information provided
by other users that is made available through our system. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice safe trading when using our site. Please note that there
are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign
nationals.
- Buying.
Buyers are not obligated to
make a purchase when posting their classified auction requests.
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5. Selling.
5.1 Listing Description. You must be legally able to sell the item(s) you
list for sale on our site. You must describe your item and all terms of sale on the
listing page of our site. Your listings may only include text descriptions, graphics,
pictures and other content relevant to the sale of that item. All listed items must
be listed in an appropriate auction listing.
5.2 Fraud. Without limiting any other remedies, DetroitCarAuction.com may suspend or
terminate your account if we suspect that you (by conviction, settlement, insurance
or escrow investigation, or otherwise) have engaged in fraudulent activity in connection
with our site.
5.3 Manipulation. Neither you, bidders nor sellers may manipulate the price
of any item nor may you interfere with other user's listings or transactions.
As a seller (bidder) you are obligated to possess the product
to engage into the auction. DetroitCarAuction.com reserves the right to suspend you from using
any and all DetroitCarAuction.com services if product you promised has
never existed / was never available. Suspension will range anywhere from 15 days
up to
complete termination of User Account and a denial for future membership. All violations
may be reported at http://DetroitCarAuction.com/mbr_contactus.aspx. Seller must notify DetroitCarAuction.com through personal user account if he/she
is no longer in possession of the product.
6. Your Information.
6.1 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 email feature. You are solely responsible for Your
Information, and we act as a passive conduit for your online distribution and publication
of Your Information.
6.2 Restricted Activities. Your Information (or any items listed) and your
activities on the site shall not: (a) be false, inaccurate or misleading; (b) be
fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any
third party's copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy; (d) violate any law, statute, ordinance or
regulation (including, but not limited to, those governing export control, consumer
protection, unfair competition, antidiscrimination or false advertising); (e) be
defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be
obscene or contain child pornography or, if otherwise adult in nature or harmful to
minors, shall be posted only in the Mature Audiences section and shall be distributed
only to people legally permitted to receive such content; (g) contain any viruses,
Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (h) create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
and (i) link directly or indirectly to or include descriptions of goods or services
that: (1) are prohibited under this Agreement; (2) are identical to other items you
have up for auction but are priced lower than your item's reserve or minimum bid amount;
(3) are concurrently listed for sale on a web site other than DetroitCarAuction.com's (this does not
prevent linking to or advertising an DetroitCarAuction.com item from another web site); or (4) you
do not have a right to link to or include. Furthermore, you may not list any item on the
site (or consummate any transaction that was initiated using our service) that, by paying
to us the listing fee or the final value fee, could cause us to violate any applicable law,
statute, ordinance or regulation.
6.3 License. Solely to enable DetroitCarAuction.com to use the information you supply us with,
so that we are not violating any rights you might have in that information, you agree to
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 Your Information, in any media now known or not currently
known, with respect to Your Information. DetroitCarAuction.com will only use Your Information in accordance
with our Privacy Policy.
8. Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot,
spider, other automatic device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission. You agree that you
will not use any device, software or routine to bypass our robot exclusion headers, or to
interfere or attempt to interfere with the proper working of the DetroitCarAuction.com site or any
activities conducted on our site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure. Much of the information
on our site is updated on a real time basis and is proprietary or is licensed to DetroitCarAuction.com
by our users or third parties. You agree that you will not copy, reproduce, alter, modify,
create derivative works, or publicly display any content (except for Your Information) from
our website without the prior expressed written permission of DetroitCarAuction.com or the appropriate
third party.
- Feedback.
Integrity. You may not take any actions that may undermine the integrity of the
feedback system. If you earn a net feedback rating of , your membership may be suspended, and you may be unable to
purchase or sell.
You acknowledge that your feedback consists of comments left by other users and a composite
feedback number compiled by DetroitCarAuction.com, and that the composite number without the comments
does not convey your full user profile. Because feedback ratings are not designed for any
purpose other than for facilitating trading between DetroitCarAuction.com users, you agree that you
shall not market or export your DetroitCarAuction.com feedback rating in any venue other than an
DetroitCarAuction.com operated website.
We do not provide you the technical ability to import feedback from other (non-DetroitCarAuction.com
operated) websites to DetroitCarAuction.com because a composite number, without the corresponding
feedback does not reflect your true online reputation within our community.
- Breach.
Without limiting other remedies, we may immediately remove your item 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; or (c) we believe that your actions
may cause financial loss or legal liability for you, our users or us.
- Privacy.
Please review our Privacy Policy. We view protection of users' privacy as a very important
community principle. We understand clearly that you and your information is one of our
most important assets. We use third parties to verify and certify our privacy principles.
If you object to your Information being transferred or used in this way please do not
use our services.
EMAIL COMPLIANCE RULES
The following rules apply to DetroitCarAuction.com customers with respect
to emails that are given to (a) sellers, (b) buyers,
(d) dealers, (c) other 3rd parties doing
business for profit or otherwise.
- No Misleading Headers or
Other Masking of Email Origin - An email may not include
falsification of header information, false registrations for
email accounts or IP addresses used in connection with email
ads, and retransmissions of an email ad for the purpose of
concealing its origin. A subject heading of the message likely
would mislead a reasonable recipient as to the contents or
subject matter of the message.
- No Sale or Transfer of
given out Email Addresses -
Email addresses recipients (buyers and sellers) are
generally prohibited from selling or otherwise transferring
email addresses or any other purchased contact information
about other DetroitCarAuction.com users (buyers/ sellers).
- No Sexually Oriented
Material in Email Messages - Emails may not contain any
sexually oriented material.
- No Invalid Email Account
Generation - Senders may not use scripts or other
automated means to register for multiple online user accounts.
- No Unlawful Retransmission
of Emails - Senders are prohibited from relaying or
retransmitting emails from a computer or computer network that
was accessed without authorization.
Any user of DetroitCarAuction.com required to indemnify and hold
DetroitCarAuction.com harmless due to release of user’s private information
to the public. Once user registers with DetroitCarAuction.com, DetroitCarAuction.com
will use users information to provide automotive industry services
including buying and selling a vehicle, and offering various
products related to automotive industry that could potentially
benefit you as a user.
EMAIL COMPLIANCE RULES
The following rules apply to DetroitCarAuction.com customers with respect
to emails that are given to (a) sellers, (b) buyers,
(d) dealers, (c) other 3rd parties doing
business for profit or otherwise.
- No Misleading Headers or
Other Masking of Email Origin - An email may not include
falsification of header information, false registrations for
email accounts or IP addresses used in connection with email
ads, and retransmissions of an email ad for the purpose of
concealing its origin. A subject heading of the message likely
would mislead a reasonable recipient as to the contents or
subject matter of the message.
- No
Sale or Transfer of given out Email Addresses
- Email addresses recipients are generally prohibited from
selling or otherwise transferring email addresses or any other
contact information of e-mail owner/user.
- No Sexually Oriented
Material in Email Messages - Emails may not contain any
sexually oriented material.
- No Invalid Email Account
Generation - Senders may not use scripts or other
automated means to register for multiple online user accounts.
- No Unlawful Retransmission
of Emails - Senders are prohibited from relaying or
retransmitting emails from a computer or computer network that
was accessed without authorization.
Any user of DetroitCarAuction.com required to indemnify and hold
DetroitCarAuction.com harmless due to release of user’s private information
to the public. Once user registers with DetroitCarAuction.com, DetroitCarAuction.com
will use users information to provide automotive industry services
including buying and selling a vehicle, and offering various
products related to automotive industry that could potentially
benefit you as a user.
- No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR
SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights and you may also have
other legal rights that vary from state to state.
- Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, 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, 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 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND
(B) $10. Some States do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
- Indemnity.
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.
- 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.
- No Agency.
You and DetroitCarAuction.com are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by this
Agreement.
- Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to
International Auction Group, Inc Attn: Legal Department PO Box 770144, Vanderbilt Beach, FL 34107 (in the case of DetroitCarAuction.com) or to the email address you provide to
DetroitCarAuction.com during the registration process (in your case). Notice shall be deemed
given 24 hours after email is sent, unless the sending party is notified that the
email address is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to DetroitCarAuction.com
during the registration process. In such case, notice shall be deemed given 3 days
after the date of mailing.
- Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or
our services, excluding legal action taken by DetroitCarAuction.com to collect our fees and/or
recover damages for, or obtain an injunction relating to, the DetroitCarAuction.com site operations,
intellectual property, and our services, shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Orlando, Florida, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Either you or DetroitCarAuction.com
may seek any interim or preliminary relief from a court of competent jurisdiction in
Naples, Florida necessary to protect the rights or property of you or DetroitCarAuction.com pending
the completion of arbitration. Should either party file an action contrary to this provision,
the other party may recover attorney's fees and costs up to $250.00.
- Additional Terms.
The following policies are incorporated into this Agreement by reference and provide
additional terms and conditions related to specific services offered on our site:
Privacy Policy: http://DetroitCarAuction.com/privacy.aspx
Each of these policies may be changed from time to time and are effective immediately
after we post the changes on our site, except for the Privacy Policy for which we will
provide you with thirty days prior notice. In addition, when using particular services
on our site, you agree that you are subject to any posted policies or rules applicable
to services you use through our site, which may be posted from time to time. All such
posted policies or rules are hereby incorporated by reference into this Agreement.
- General Guidelines.
This Agreement shall be governed in all respects by the laws of the State of Florida
as such laws are applied to agreements entered into and to be performed entirely
within Florida between Florida residents. We do not guarantee continuous, uninterrupted
or secure access to our services, and operation of our 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 International Auction Group, Inc., in our sole discretion, to
a third party in the event of a merger or acquisition. 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.
- Disclosures.
The services hereunder are offered by International Auction Group, Inc., located at PO Box 770144, Vanderbilt Beach, FL 34107. If you are a Florida resident, you may have this same information
emailed to you by sending a letter to the foregoing address with your email address
and a request for this information. Fees for our services are described at
http://DetroitCarAuction.com/fees.aspx
We encourage you to report all user-to-user disputes to your local law
enforcement, postmaster general, or a certified mediation or arbitration entity. |