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User Agreement

User Agreement

CALCRUISING USER AGREEMENT

Welcome to Findmybesttransport’s Classic Car online auction site (the "Site"). Any person who wishes to access the Site to buy, sell or bid for goods or to use the other services provided on the Site (collectively, the "Services") must accept the terms and conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITION OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Findmybesttransport, LLC (hereinafter "Findmybesttransport") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at http://www.findmybesttransport.com

YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING CALCRUISING’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

1. Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to Findmybesttransport that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address, and valid credit card information.

2. Fees and Payment Terms. Any fee schedule and payment terms in effect on the date of listing the item shall govern the transaction. Please check the fees and terms each time you participate.

3. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for conducting and participating in auctions established by Findmybesttransport, which are incorporated by reference into, and made part of, this Agreement. The procedures and guidelines explain the processes and set out acceptable conduct and prohibited practices. These procedures and guidelines may be changed by Findmybesttransport in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to the Site to understand the current procedures and guidelines for participating.

4. Findmybesttransport Role and Responsibilities. Findmybesttransport features a several types of auctions, and Findmybesttransport’s role and responsibilities vary in each such auction-type.

º Findmybesttransport Direct Auctions. Findmybesttransport offers Findmybesttransport Auctions. In these auctions, Findmybesttransport undertakes responsibility for all aspects of the auction and the auction listing, including vehicle description, establishment of starting and maximum bid prices and establishment of reserve requirements (if any).

º Member Auctions. The Member Auction Site operates solely as a venue for registered Member Auction sellers and buyers to negotiate and complete transactions. Findmybesttransport is not involved in the actual transaction between sellers and buyers and is not the agent of and has no authority for either for any purpose. As a seller, you may "list" any vehicle on the Site which is within the procedures and guidelines. IT IS THE SELLER’S RESPONSIBILITY TO ACCURATELY DESCRIBE THE VEHICLE FOR SALE OR AUCTION. CALCRUISING CANNOT ENSURE AND DOES NOT KNOW WHETHER (1) ANY CALCRUISING MEMBER AUCTION LISTING IS ACCURATE, COMPLETE, MISLEADING OR DECEPTIVE, (2) THE VEHICLE LISTED IS SAFE, LEGAL OR OF ACCEPTABLE QUALITY, OR (3) THE SELLER AND BUYER WILL PERFORM AS PROMISED. ACCORDINGLY, YOU SHOULD EXERCISE CARE IN ENTERING INTO ANY AGREEMENT WITH ANOTHER PERSON IN THE CALCRUISING MEMBER AUCTION SITE. BUYERS AND SELLERS USE THE SERVICES IN THE CALCRUISING MEMBER AUCTION SITE AT THEIR OWN RISK.

5. Findmybesttransport Payments

º Findmybesttransport currently accepts credit card/debit card payments for orders in Findmybesttransport Direct Auctions. Findmybesttransport honors Visa, MasterCard, Discover and American Express.

º You warrant that any payment method selected by you when placing a bid shall enable you to make full and immediate payment for the item(s) chosen, if your bid becomes the winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, Findmybesttransport may in its sole and absolute discretion cancel your bid. In such case, Findmybesttransport may in its sole and absolute discretion (but shall not be required to) designate the next highest bidder ( meeting the applicable minimum bid or reserve requirements) as the winning bidder. At Findmybesttransport’s sole discretion, but without any obligation, alternate payment methods may be arranged with the auction winner(s) in the case where a payment method has been declined.

º Buyers must pay sellers in Member Auctions through methods designated by applicable sellers.

6. Findmybesttransport Reservation of Rights. Findmybesttransport retains the right, but does not have the obligation, to immediately halt any auction, prevent or restrict access to the Site or the Services or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items or any items otherwise prohibited by Findmybesttransport’s procedures and guidelines, and to correct any inaccurate listing or any inappropriately categorized items in Findmybesttransport Direct Auctions.

7. Your Transactions and Obligations. Bidders, buyers, and sellers create different obligations by accessing the Site and using the Services. By listing an item by auction in the Member Auction, you represent and warrant to prospective buyers that you have the right and ability to sell, and that the listing is accurate, current and complete and is not misleading or otherwise deceptive.

º All auction items in the Member Auction are "without reserve", i.e., the seller must sell the auctioned item to the highest bidder that meets or exceeds the minimum price. For bidders, a bid is a legal offer to buy the auction item. Once the auction closes, both the buyer and seller are obligated to complete the transaction.

º Each Findmybesttransport Direct Auction will indicate whether a reserve price has been established for the auction. If you are the highest bidder at the end of a Findmybesttransport Direct Auction (meeting the applicable minimum bid or reserve requirements), your bid is a legal offer to buy the auction item and you are obligated to complete the transaction. Bids are not retractable.

º By entering into this Agreement and (a) posting a listing for auction or (b) bidding on an auctioned item, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

º Sellers must provide a full refund directly to any buyer who remits payment, whether directly or through any payment service, if the vehicle cannot be shipped at the close of the sale. Seller must provide the refund promptly, but in no case later than thirty (30) days following the close of the sale. Any buyer who believes he/she may be entitled to a refund on this basis should contact the seller directly.

8. Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.

9. Illegal Activity

º Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, listing purchasing and selling items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Findmybesttransport will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

º Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on Findmybesttransport or the bid price of any vehicle listed on the Site, or influencing user behavior on Findmybesttransport.

10. Breach. Without limiting other remedies, Findmybesttransport may immediately issue a warning, temporarily suspend indefinitely suspend or terminate your membership and refuse to provide its services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if Findmybesttransport or any Member vendor or seller is unable to verify or authenticate any information you provide to Findmybesttransport; or (c) if Findmybesttransport believes that your actions may cause legal liability for you, other Findmybesttransport users or Findmybesttransport.

11. Privacy, Monitoring and Disclosure.

º Findmybesttransport is committed to protecting your privacy. Click here for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Findmybesttransport may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by Findmybesttransport except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.

º Investigation. As permitted by applicable law and consistent with our privacy policy, Findmybesttransport has the right but not the obligation, to monitor any activity and content associated with this Site. Findmybesttransport may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings an bids. Findmybesttransport reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

º Disclosure of Information. As permitted by applicable law, Findmybesttransport also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Findmybesttransport’s systems an customers, to allow users to resolve disputes, or to ensure the integrity and operation of Findmybesttransport’s business and systems or other purposes deemed reasonable by Findmybesttransport, Findmybesttransport may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

12. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER’S USE OF AND RELIANCE THEREON ARE AT CUSTOMER’S OWN AND SOLE RISK. CALCRUISING MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

º THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

º THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

º THE INFORMATION, CONTENT, MATERIALS OR VEHICLES INCLUDED IN THE MEMBER AUCTION ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF AUCTION, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS IN THE MEMBER AUCTION WILL PERFORM AS PROMISED;

º ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

º ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CALCRUISING.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CALCRUISING DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN WHICH YOU OBTAIN FROM CALCRUISING OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

13. General Release. BECAUSE CALCRUISING IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS IN THE MEMBER AUCTION SELLING COMMUNITY, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE CALCRUISING (AND ITS AGENTS 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." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY CALCRUISING.

14. Limitation of Liability. CALCRUISING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THE THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

15. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CALCRUISING AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

16. Applicable Law and Arbitration. The laws of the State of California govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR 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 SAN DIEGO COUNTY, CALIFORNIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR CALCRUISING MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN SAN DIEGO COUNTY, CALIFORNIA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR CALCRUISING PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AN UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

17. Member Auction Selling Community Disputes. Because Findmybesttransport is not involved in the actual transaction between sellers and buyers in the Member Auction selling community and is not the agent of either for any purpose, Findmybesttransport does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any transaction. Findmybesttransport urges sellers and buyers to cooperate with each other to resolve such disputes.

18. Licenses

º Your Grant. By entering into this Agreement and listing an item, you grant Findmybesttransport and its affiliates a non-exclusive world-wide royalty-free, irrevocable, right to exercise all copyright, trademark rights, and rights of publicity over the material displayed in your listings, bids, or purchases in any existing or future media, known or unknown, now or at any later date. This grant shall be limited to Findmybesttransport’s and its affiliates’ use of your materials in connection with the Site and the Services, which may include advertising and promotion for the Site and the Services. You represent and warrant that you own or otherwise control all of the rights to the materials displayed in your listings, bids or purchases, and that the use of such materials by Findmybesttransport and its affiliates will not infringe upon or violate the rights of any third party.

19. Termination. Findmybesttransport, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current auctions immediately without notice for any reason.

20. General Provision

º Entire Agreement. This Agreement and the general terms, conditions set forth on the Site constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

º No Agency; Third-Party Beneficiary. Findmybesttransport is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Findmybesttransport, you, and relying buyers or sellers.

º Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision sh all be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

º No Waiver. Findmybesttransport’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Findmybesttransport’s right to subsequently enforce such provision or any other provisions of this Agreement.