Carsclassic-autotrader.com Terms and Conditions of Use

Last Updated: November 21, 2023

Welcome to Carsclassic-autotrader.com! By accessing this website (the "Site") or by making an offer on a vehicle listed on Carsclassic-autotrader.com, you agree to be bound by these Terms and Conditions appearing below (the "Terms"). Please read the following Terms carefully. Your use of the services provided by the Site or any of its subsidiaries (collective, the "Service") is specifically conditioned upon your agreement to the Terms contained herein (the "Agreement"). By using the Service or accessing the Site, you are agreeing to all of the Terms contained herein.

Carsclassic-autotrader.com
Carsclassic-autotrader.com is a vehicle listing website and information service that brings together buyers and sellers. Carsclassic-autotrader.com 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 on our service. Carsclassic-autotrader.com does not hold or possess title for any vehicle listed for sale on our service. Carsclassic-autotrader.com is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Service, and Carsclassic-autotrader.com 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.

Please also read these Terms carefully, including the mandatory arbitration provision contained below, which requires that disputes be resolved by final and binding arbitration on an individual basis, not a class-wide or consolidated basis. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided below. When you click "accept" to the Terms or register for an account with us or when you otherwise use the Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Services,or for any other purpose.

1. Definitions
Throughout this Agreement, the words "we," "us," "our", and "ours" refer to The Collector Car Network, LLC, d/b/a AutoHunter and Classic.cars.com ("CCN"), an Arizona corporation, its officers, employees, consultants, and subsidiaries. The words "you," "your," and "yours" refer to you, a user of the Service.

2. Modifications to these Terms
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. Unless material changes are made to the arbitration provisions below, you agree that modification of these Terms does not create a new right to opt out of arbitration.

3.Ownership And Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to CarsclassicAutotrader, Inc., and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2024, CarsclassicAutotrader, Inc., all rights reserved. CarsclassicAutotrader also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. CarsclassicAutotrader, the CarsclassicAutotrader Logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of CarsclassicAutotrader and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of CarsclassicAutotrader or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the CarsclassicAutotrader’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other CarsclassicAutotrader’ intellectual property, or assist any third party in doing so.

4. Prohibited Activities
By using this Site, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:

Content that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, the Canadian Securities Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the NASDAQ Stock Market or the Toronto Stock Exchange;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity);
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the purpose of the area of the Site in which such Content is posted;
Content submitted using the Site’s vehicle listing lead forms or other lead submission functionality for any purpose other than genuine consumer inquiries relating to the vehicle listed, including (a) to promote products or services, (b) to inquire about or conduct dealer-to-dealer or other wholesale vehicle transactions, or (c) for any other business/commercial purpose; or
Content that, in the sole judgment of CarsclassicAutotrader, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose CarsclassicAutotrader or its affiliates or its users to any harm or liability of any type.
You further agree that you will not attempt or do any of the following:

Interfere with or disrupt the Site or our computer systems, servers, or networks;
Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.

5. Rights to User Content
Content submitted by users will be considered non-confidential and CarsclassicAutotrader is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, CarsclassicAutotrader reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. CarsclassicAutotrader is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to CarsclassicAutotrader. CarsclassicAutotrader shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by CarsclassicAutotrader or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of CarsclassicAutotrader and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release CarsclassicAutotrader, and its licensees, successors and assigns, from any claims that you could otherwise assert against CarsclassicAutotrader by virtue of any such moral rights.

6. Sellers and Buyers
Carsclassic-autotrader.com 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, originality, provenance, condition, year, make, and/or photos of the vehicle. We do not guarantee nor provide warranty regarding vehicles available from our Site. The sale of vehicle(s) is between the legal owner and the buyer only. Carsclassic-autotrader.com does not own, verify, buy or sell any vehicles listed for sale on our Site. Carsclassic-autotrader.com does not possess title, nor hold title for any vehicle for sale on our Site. Vehicle information or inspection reports provided by sellers is provided for informational purposes only. Carsclassic-autotrader.com is not responsible for any incorrect information or mistakes or otherwise.

7. Vehicle Price
The prices listed by sellers on Carsclassic-autotrader.com 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, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. All dollar amounts listed on the website are in U.S. funds.

8. No Liability
We assume no responsibility for Content downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:

Any Content you transmit will be treated by us as not being confidential to you, except as noted in the Privacy Policy.
You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission; we cannot and will not guarantee the security of any of the Content stored or transmitted by the Service
You may be subjected to email, instant messages, video, and other Content which is pornographic, defamatory, hateful, or otherwise objectionable to you.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

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

9. 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.

10. Electronic Communications
By using the Service or by communicating with us electronically via email, instant messenger, 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.

11. Product and Service Descriptions
We attempt to be as accurate as possible with respect to product and service descriptions. However, we do not warrant that product and service descriptions or other Content of the Service is accurate, complete, reliable, current, or error-free. If a product or service offered by us itself is not as described, your sole remedy is to return it in unused condition subject to the terms of our Refund Policy.

12. No Warranty
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.

13. Indemnity
To the fullest extend permitted by law, you agree to indemnify, defend, and hold us and our vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.

14. Modifications to Service
We reserve the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also change your priority of access to the Service with respect to other users. We make no commitment to update the information provided by the Service.

15. Disclosure of Content
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.

16. Privacy Policy
For detailed information regarding our use of registration data and other user information, please read our Privacy Policy. By using the Service, you agree to our privacy policy.

17. Miscellaneous
This Agreement shall constitute the complete and exclusive agreement between you and us. While we reserve the right to modify this Agreement at any time, the Terms contained in this Agreement may not be modified by you unless both you and a representative authorized by us execute a separate written agreement. If any provision of this Agreement or these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement or Terms. The failure of CCN to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

18. Governing Law and Venue
These Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of Arizona, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties not subject to arbitration as set forth above in section 19 shall exclusively be submitted to the state or federal courts of Maricopa County, Arizona, and you consent to exclusive jurisdiction and venue in such courts.

19. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to use our Services.