General Conditions of Sale | Collector Vehicle Auctions

Conditions of Sale - {{ viewVars.auctionTitle }}

Last revised on: 08/01/2023

BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ACCEPT AND AGREE TO BE

LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE

TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE DIGITAL

SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS,

ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT

TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS,

INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES

ARE AVAILABLE TO YOU. Read more in section 24. Dispute Resolution (Arbitration

Clause and Class Action Waiver) section 24. Dispute Resolution (Arbitration Clause

and Class Action Waiver).

In the Highlights section, we provide an overview of the terms and conditions that

apply to your access to or use of a U.S. website, mobile app or other digital service

(each a “Digital Service”) operated by CVA Group, LLC or one of its affiliates (“we”,

“us”, “our” or CVA Group”).

The Digital Services include a platform for vehicle listings and information services.

CVA GROUP IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL

AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE,

NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN

ANY VEHICLE LISTED ON THE DIGITAL SERVICES. CVA GROUP HAS NEVER: (I) HELD

TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY

VEHICLE LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY VEHICLE LISTED ON THE

DIGITAL SERVICES IN ITS LEGAL POSSESSION.

Please review the full Terms of Use Terms of Use below for a detailed explanation of

applicable terms and conditions. Any reference to the Terms of Use, including its

sections, in the Highlights section is intended to refer to the full Terms of Use

below.

Highlights

Application and Acceptance of the Terms of Use

 Each time you access or use the Digital Services, you agree to be bound by

the Terms of Use (including the binding arbitration provision located in the

section entitled “ Dispute Resolution (Arbitration Clause and Class Action

Waiver) Dispute Resolution (Arbitration Clause and Class Action Waiver)”)

along with our Privacy Notice, any FAQs, and any additional guidelines,

terms, procedures or rules that may apply to a specific feature of the Digital

Services (collectively, the “Agreement”) that are owned or operated by Bring a

Trailer Media, LLC. or its affiliates (“we”, “us”, “our” or CVA Group”).

 You acknowledge that we will use information we obtain about you in

connection with your access to and use of the Digital Services in accordance

with our Privacy Notice Privacy Notice.

 We may provide services that are not described in these Terms of Use, or

customized services; unless we have entered into a separate, signed

agreement that expressly supersedes these Terms of Use, these Terms of

Use will apply to those services as well.

 You acknowledge and agree that the Agreement is solely a contract between

you and CVA Group and it expressly does not govern any sale, transaction, or

other relationship between you and any other User, any third party or

between any other Buyers and Sellers.

Your Responsibilities

 You are responsible for maintaining the accuracy of any information you

submit to us in relation to your access to and use of the Digital Services.

 You are solely responsible for any information (including any information

used in any listing) you provide to us.

 You are responsible for your conduct in relation to the Digital Services, and

your access to or use of the Digital Services and Content (as such term is

defined in the full Terms of Use) is subject to the rules described in the

section entitled “Your Conduct and Responsible Use of the Digital Services” of

the Terms of Use below, as well as any additional terms and conditions that

may be provided by us as part of the Agreement and applicable to you.

Intellectual and Other Proprietary Rights

 As between CVA Group and you, CVA Group owns all right, title and interest

in and to the copyrights, trademarks, service marks, trade names, patents

and all other intellectual and proprietary rights throughout the world

associated with the Digital Services and Content except, if applicable, with

respect to your User Content.

 You may not build a business, in whole or in part, resell, redistribute,

recirculate or make any other commercial use of, or create derivative works

or materials utilizing any portion of the Digital Services (including any code

used in any software) or Content, whether or not for profit.

 If we become aware that any of our Users has repeatedly infringed the

proprietary rights of any third party, we may take steps to terminate that

User’s access to the Digital Services. We reserve the right (but have no

obligation) to review any information you provide, investigate, and/or take

appropriate action against you or any other User in our sole discretion.

Release, Indemnity, Disclaimers and Limitation of Liability

 You release CVA Group (and its affiliates, service providers, partners, and its

and their respective co-branders, licensors, payment processing partners,

other partners and officers, directors, employees, contractors, and agents)

from all damages, losses, liabilities, costs or expenses, arising out of any

dispute between you and any other User or third party relating to your use of

the Digital Services.

 You agree to indemnify and hold CVA Group (and its affiliates, service

providers, partners, and its and their respective co-branders, licensors,

payment processing partners, other partners and officers, directors,

employees, contractors, and agents) harmless from any and all damage

(whether direct, indirect, incidental, consequential or otherwise), loss,

liability, cost and expense, including, without limitation, costs and reasonable

attorneys’ and accounting fees, from any claim, demand, suit, proceeding

(whether before an arbitrator, court, mediator or otherwise) or investigation

made by any User or third party (each a “Claim”) relating to or arising out of

(a) your use of the Digital Services or Content, (b) your User Content, (c) your

violation of the Terms of Use; (d) your violation of applicable laws or

regulations or (e) the actions or inactions of any third party to whim you

grant permission to use your user account to access the Digital Services

(including the sharing of your Credentials).

 CVA Group disclaims any warranties and provides the Digital Services “as is”.

 Our liability is limited as described in the Limitation of Liability section in the

Third Parties

 CVA Group is not responsible for any links to third-party websites, apps or

other services, including social media platforms.

 We participate in affiliate marketing and may allow third-party affiliate links

to be encoded on some of our Digital Services. This means that we may earn

a commission when you click on or make purchases via third-party affiliate

links.

Termination

 CVA Group may, in its sole discretion, terminate your password, account (or

any other part of your Credentials), access to or use of the Digital Services, or

remove and discard any User Content or information stored, sent, or

received via the Digital Services without prior notice and for any reason or no

reason.

Changes to the Terms of Use

 We may revise the Terms of Use prospectively by posting an updated version

on the Digital Services or by providing you with notice (by email or other

notification through the Digital Services).

 Your continued use of the Digital Services will be deemed as irrevocable

acceptance of any revisions.

Governing Law and Severability

 The Terms of Use shall be governed by and construed solely and exclusively

in accordance with the laws of the State of Florida, USA without giving

effect to any law that would result in the application of the law of another

jurisdiction.

 The Agreement (including the Privacy Notice and any additional guidelines,

terms, procedures or rules that may apply to a specific feature of the Digital

Services) constitutes the entire agreement between you and us regarding the

use of the Digital Services.

 If any provision of the Terms of Use is, for any reason, held to be invalid or

unenforceable, the other provisions of the Terms of Use will be unimpaired

and the invalid or unenforceable provision will be deemed modified so that it

is valid and enforceable to the maximum extent permitted by law.

 If you believe your copyright has been infringed, you may provide us with

notice in accordance with the process described in the corresponding section

of the Terms of Use below.

Full Terms of Use

Last revised on: : 08/01/2023

1. Application and Acceptance of this Agreement

These Terms of Use (including the binding arbitration provision located here) along

with our Privacy Notice Privacy Notice, any FAQs FAQs, and any additional guidelines,

terms, procedures or rules that may apply to a specific feature of the Digital

Services (collectively, the “Agreement”) that are owned or operated by CVA Group,

LLC or its affiliates (“we”, “us”, “our” or CVA Group”), are a contract in electronic form

between you (“you,” “your,” and “yourself”) and CVA Group. This Agreement applies

to the extent you use the Digital Services to (a) act as a “Buyer” submitting bids

expressing an intent to purchase vehicles or other products and services listed by

Sellers on the Digital Services, (b) act as a “Seller” submitting information in

connection with the listing of a vehicle or other product or service on a Digital

Service by CVA Groupon your behalf or (c) as a visitor, registrant or user in any

other capacity permitted by these terms (together with “Buyers” and “Sellers”,

collectively, “Users”). This Agreement sets forth the legally binding terms governing

your access and use of the Digital Services. This Agreement applies to CVA Group

and its affiliates only and does not cover other companies, including third parties

that may advertise or sponsor content, products or services on the Digital Services

or any third-party platforms (such as social media platforms or app stores) or other

channels that you may use to access the Digital Services or any Content (as defined

below).

The Digital Services and Content are for general information, discussion and

entertainment purposes only. The term “Content” includes, without limitation,

information, data, text, photographs, videos, audio clips, written posts, articles,

comments, software, scripts, graphics and interactive features generated, provided,

or otherwise made available through or in connection with the Digital Services. We

make no representations or guarantees about any aspect of the Digital Services and

Content and do not endorse any opinions expressed by any Users. THE DIGITAL

SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE

ON THE DIGITAL SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO

LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE

DIGITAL SERVICES OR ANY CONTENT.

2. Our Role

The Digital Services include a platform for vehicle listings and information services.

We are not the creator or owner of the items posted on the Digital Services by

Sellers for Buyers to bid on. Rather, we provide the Digital Services, which enable

Users to access certain features and functionalities, including posting vehicles and

other products and services, and bidding on such products and services. Sellers are

responsible for ensuring that any of their User Content meets all applicable local,

state, provincial, national and other laws, rules and regulations, and that any goods

(including vehicles) and services promoted, offered or otherwise described on the

Digital Services are described in listings, and/or delivered as described, in an

accurate satisfactory manner. For any payment processing related to Purchases

made on the Digital Services, if the Seller or third party responsible for the

applicable vehicle or other good or service selects a payment processing method

that uses a third party to process the payment, then we do not process that

payment transaction.

As part of the Digital Services, CVA Group may assist Sellers in the creation of their

listings (including the content of such listing) but it remains each Seller’s

responsibility to make sure that its listings are accurate.

CVA GROUP IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL

AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE,

NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN

ANY VEHICLE LISTED ON THE DIGITAL SERVICES. CVA GROUP HAS NOT EVER NEVER:

(I) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) INSPECTED

ANY VEHICLE LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY VEHICLES LISTED

ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.

3. Privacy Notice

In connection with your access to or use of the Digital Services, we may obtain

information from you directly or about you through the Digital Services. We will use

your information in accordance with our Privacy Notice Privacy Notice, which

describes our privacy practices as well as choices you may have with respect to the

collection and processing of some of your information. Please take a moment to

review our Privacy Notice. The Privacy Notice is incorporated into this Agreement

and forms part of the Agreement.

4. Accuracy of Your Information & Communication Methods

The information you submit to us through the Digital Services, including as part of

your account creation, registration or membership, or for any listings, must be

truthful, accurate and current. You are responsible for maintaining the accuracy of

such information. If we believe that your information is not truthful, accurate or

current, we have the right to terminate, suspend or refuse you access to the Digital

Services.

We may send you information relating to your use of the Digital Services (e.g.,

payment authorizations, invoices, changes in password or payment method,

confirmation messages, notices) in electronic form only, for example via emails to

your email address provided during registration, if applicable. You agree that any

notices, agreements, disclosures or other communications that we send to you

electronically will satisfy any legal communication requirements, including that such

communications be in writing.

5. Age Eligibility and Legal Capacity

The Digital Services are not intended for access or use by children, especially those

under the age of 13. If you are under the age of 13, you may not access or use the

Digital Services or provide information to us.

By accessing or using the Digital Services, you represent that you have legal

capacity to enter into this Agreement and to fulfill your obligations set out in this

Agreement. If you are not of an age old enough to enter into contracts in your state

(i.e., a minor), you need to review this Agreement with your parent or guardian

before using the Digital Services; if your parent or guardian does not agree with the

Agreement as applied to you, then you are not authorized to access or use the

Digital Services.

6. Your Account; Username, Password and Other Credentials

(a) You may set up an account to access or use the Digital Services. You are

responsible for maintaining the confidentiality of your username, password and

other credentials (your “Credentials”) that you may be asked to create to access the

Digital Services or certain features or portions thereof. We are not responsible for

any misuse of your Credentials by any third party, whether authorized by you or

not. You agree to immediately notify CVA Group of any actual or suspected

unauthorized use of your Credentials or any other breach of security. We are not

responsible or liable for any loss or damage resulting from unauthorized use of

your Credentials or for your failure to follow the requirements set out in this

Agreement.

(b) CVA Group may in its sole discretion maintain different types of accounts for

different types of Users. If you open an account to use or Access the Digital Services

on behalf of a company, organization or other entity, then (i) “you” includes you and

that entity, and (ii) you represent and warrant that you are an authorized

representative of the entity with the authority to bind the entity to the Agreement

and that you agree to the Agreement on the entity’s behalf.

7. Intellectual and Other Proprietary Rights

The rights granted to you in this Agreement are subject to the following restrictions:

 The Digital Services include Content that is derived in whole or in part from

content or materials supplied and owned by CVA Group, CVA Group’s

licensors or third parties. As between CVA Group and you, CVA Group owns

all right, title and interest in and to the copyrights, trademarks, service

marks, trade names, patents and all other intellectual and proprietary rights

throughout the world associated with the Digital Services and Content

except, if applicable, with respect to your User Content (as defined below).

 You acknowledge CVA Group’s valid intellectual and proprietary property

rights in the Digital Services and Content and that your use of the Digital

Services is limited to accessing, viewing and downloading of the Digital

Services and Content, as authorized by CVA Group. Nothing in this

Agreement shall be deemed to convey to you any right, title or interest into

such intellectual and proprietary property rights or to the Digital Services or

Content, or to any portion thereof, except for the limited rights expressly

granted herein.

 You may not either directly or through the use of any computer, tablet,

phone or other device (each a “Device”) or other means (including the use of

a browser, software, program or code), remove, alter, interfere with or

circumvent (i) any copyright, trademark, or other proprietary notices marked

on the Digital Services or Content, or (ii) any digital rights management

mechanism, device, or other content protection or access control measure

associated with the Digital Services or Content. You may not modify, make

derivative works of, disassemble, reverse compile or reverse engineer any

part of the Digital Services (including any code used in any software) or

Content.

 You may not either directly or through the use of a Device or other means

copy, download, stream, reproduce, duplicate, archive, distribute, upload,

publish, modify, translate, broadcast, perform, display, sell, transmit or

retransmit the Digital Services or Content unless expressly permitted by CVA

Group in writing. You may not incorporate the Digital Services or Content

into, or stream or retransmit the Digital Services or Content via, any

hardware or software application or make the Digital Services or any Content

available via frames or in-line links, and you may not otherwise surround or

obfuscate the Digital Services or Content with any third-party content,

materials or branding. You may also not use any software robots, spider,

crawlers, or other data gathering or extraction tools, whether automated or

manual, to access, acquire, copy, monitor, scrape or aggregate the Digital

Services, Content or any portion thereof. You may not knowingly or

intentionally take any action that may impose an unreasonable burden or

load on the Digital Services or its servers and infrastructures.

 You may not build a business, in whole or in part, resell, redistribute,

recirculate or make any other commercial use of, or create derivative works

or materials utilizing any portion of the Digital Services (including any code

used in any software) or Content, whether or not for profit.

 To the extent we make the Digital Services or Content available to you via a

widget, embedded player or other technology that allows you to embed or

stream Content on or to another online service, you may not modify,

enhance, remove, interfere with, or otherwise alter in any way any portion of

such technology, any digital rights management mechanism, device, or other

content protection or access control measure associated with Content.

 You are prohibited from disabling, modifying, interfering with or otherwise

circumventing any technology to view the Digital Services or Content without:

(i) displaying visibly both Content and all surrounding elements and (ii) having

full access to all functionality permitting viewing of Content, including,

without limitation, all video quality and display functionality, and interactive

or click-through functionality.

Any future release, update, or other addition to functionality of the Digital Services

or Content shall be subject to this Agreement. All copyright and other proprietary

notices on any Digital Services content or materials must be retained on all copies

thereof. Modification or use of the Digital Services (including any content or

materials published thereon) for any purpose not permitted by this Agreement is

prohibited and may be a violation of the copyrights and/or trademarks protected by

law and this Agreement.

If you provide CVA Group any feedback or suggestions for improving or regarding

your use of the Digital Services (“Feedback”), you hereby assign to CVA Group all

rights in the Feedback and agree that CVA Group shall have the right to use such

Feedback and related information in any manner it deems appropriate. CVA

Group will treat any Feedback you provide to CVA Group as non-confidential and

non-proprietary. You agree that you will not submit to CVA Group any information

or ideas that you consider to be confidential or proprietary.

8. User Content

“User Content” means any and all information and content that a User submits to,

or uses with, the Digital Services (e.g., photos, audio, video, messages, text, files, or

other content you provide us, including any listings that appear on the Digital

Services (regardless of any role that CVA Group h as in the listing)), except any

Feedback. You are solely responsible for your User Content. User Content may

include unsolicited or invited submissions. You assume all risks associated with use

of your User Content, including any reliance on its accuracy, completeness or

usefulness by others, or any disclosure of your User Content that makes you or any

third party personally identifiable. You may not state or imply that your User

Content is in any way provided, sponsored or endorsed by CVA Group. Because you

alone are responsible for your User Content (including backing up your data), you

may expose yourself to liability. Under no circumstance will CVA Group be liable for

any inaccuracy or defect in any User Content.

You hereby grant, and you represent and warrant that you have the right to grant,

to CVA Group an irrevocable, non-exclusive, royalty-free and fully paid, worldwide

license to reproduce, distribute, publicly display and perform, prepare derivative

works of, incorporate into other works, and otherwise use your User Content, and

to grant sublicenses of the foregoing, for any lawful purpose. You agree to

irrevocably waive (and cause to be waived) any claims and assertions of moral

rights or attribution with respect to your User Content.

Because we do not control User Content, you acknowledge and agree that we are

not responsible for any User Content and we make no guarantees regarding the

accuracy, currency, suitability, or quality of any User Content, and we assume no

responsibility for any User Content. Your interactions with other Users of the Digital

Services are solely between you and such User. You agree that CVA Group will not

be responsible for any loss or damage incurred as the result of any such

interactions. If there is a dispute between you and any User of the Digital Services,

we are under no obligation to become involved. We are not a party to any vehicle

sale contract between any Buyer and Seller that originates on or through the Digital

Services and you are solely responsible for any of your interactions with other

Users (including transacting for a Purchase involving a vehicle). Additionally, you

acknowledge that other Users may post comments about your User Content which

may be derogatory, and CVA Group has no obligation to monitor or delete any such

User Content. CVA Group may remove or modify any User Content without notice

or liability at any time in CVA Group’s sole discretion. We reserve the right, but have

no obligation, to monitor disputes between you and other Users. CVA Group shall

have no liability for your interactions with other Users, or for any User’s action or

inaction.

9. User Submissions

Unsolicited Submissions

You agree that we may use information/User Content you provide us through

emails, Q&A, blogs, forums, polls, or through any other User generated submission,

and may use your name and any stories you provide us in articles or other features

published on the Digital Services or in our publications, advertising or sponsored

content. If you provide us with personal anecdotes, they may be attributed to you.

CVA Group can edit, rewrite, use, and reuse the User Content, including your name,

likeness, photograph, and biographical information you provide, with or without

attribution, including publication in the Digital Services or our publications,

advertising or sponsored content.

Invited Submissions

From time to time, the Digital Services may expressly request submissions of

concepts, stories, or other potential content from you (“Invited Submissions”).

Please carefully read any specific rules or other terms and conditions that appear in

connection with such Invited Submissions as such terms and conditions will govern

the submissions and may affect your legal rights. If no such additional terms govern

those submissions, then this Agreement will apply in full to any Invited Submissions

you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED

AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay

you for the use of any content that you submit to through the Digital Services.

10. Enforcement

If we become aware of a User’s violation of this Agreement, including the rights of

any other User or third party, we may take certain remedial steps, including

refusing access to the Digital Services to any person or entity and change eligibility

requirements at any time.

If we become aware that any of our Users has repeatedly infringed the proprietary

rights of any third party, we may take steps to terminate that User’s access to the

Digital Services. We reserve the right (but have no obligation) to review information

we obtain from or about you and your use of the Digital Services, to investigate,

and/or to take appropriate action against you in our sole discretion. Such acts may

include removing or modifying your User Content, terminating your access to the

Digital Services (including any User account, registration or membership), legal

action and/or reporting you to law enforcement authorities. If CVA Group elects to

modify User Content, CVA Group nonetheless assumes no responsibility for the

User Content.

CVA Group reserves the right to investigate suspected violations of this Agreement,

including without limitation, any violation arising from any information obtained

about you (including unsolicited or invited submissions), postings or emails you

make on or send through the Digital Services. CVA Group may seek to gather

information from the User who is suspected of violating this Agreement and from

any other User. CVA Group may suspend any Users whose conduct or postings are

under investigation and may remove such material from its servers as it deems

appropriate and without notice. If CVA Group believes, in its sole discretion, that a

violation of this Agreement has occurred, it may edit or modify any submission,

posting or emails, remove the material permanently, cancel postings, warn Users,

suspend Users and passwords, terminate accounts, or take other corrective action

it deems appropriate. CVA Group may cooperate with law enforcement authorities

or court order requesting or directing CVA Group to disclose the identity of anyone

posting any emails or publishing or otherwise making available any materials that

are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU

WAIVE AND HOLD HARMLESS CVA GROUP(AND ITS AFFILIATES, SERVICE

PROVIDERS, PARTNERS AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS,

PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS,

EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM

ANY ACTION TAKEN BY CVA GROUP (AND ITS AFFILIATES, SERVICE PROVIDERS,

PARTNERS AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT

PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS,

EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS

INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF

INVESTIGATIONS BY EITHER CVA GROUPOR LAW ENFORCEMENT AUTHORITIES.

11. Your Conduct and Responsible Use of the Digital Services

Please act responsibly when using the Digital Services. The following rules are a

condition of your access to or use of the Digital Services and Content:

 No Criminal or Unlawful Conduct. You may only use the Digital Services and

Content (including any information contained therein) for lawful purposes, in

accordance with this Agreement, applicable laws and regulations, and

obligations or restrictions imposed by any third party. You may not

encourage conduct that would constitute a criminal offense or give rise to

civil liability.

 Your Materials Must be Lawful and Appropriate. You may not store, upload,

post, transmit or otherwise distribute or facilitate the distribution of any

unlawful, harmful, threatening, abusive, harassing, libelous, defamatory,

obscene, pornographic, profane, indecent, invasive of another person’s

privacy or otherwise inappropriate User Content or other material or

information of any kind, including, without limitation, any images or other

material of a sexual nature, harmful to minors in any way, or that harasses,

degrades, intimidates or is hateful toward an individual or group of

individuals on the basis of religion, gender, sexual orientation, race, ethnicity,

age, or disability. You recognize that storing, distributing or transmitting

unlawful User Content, material or information could expose you to criminal

and/or civil liability.

 Content Posted by You Must be Yours. You may not store, upload, post,

transmit or otherwise distribute or facilitate the distribution of User Content,

material or information that is fraudulent or infringes the rights of any third

party, including without limitation, patent, trademark, copyright, right of

publicity or other proprietary rights. You agree that if a third-party claim that

User Content, material or information you have posted on or contributed to

the Digital Services is unlawful, you will bear the burden of establishing that it

is lawful. You understand and agree that all User Content, material or

information publicly posted or privately transmitted on or through the Digital

Services are the sole responsibility of the sender, not CVA Group, and that

you are responsible for all User Content, material or information you upload,

publicly post or otherwise transmit to or through the Digital Services. If we

become aware that any of our Users has infringed the proprietary rights of

any third party, we may take steps to terminate that User’s access to our

Digital Services. If any third party provides you compensation or other value

for your User Content, you are responsible for making any appropriate or

required disclosures regarding such compensation or other value.

 No Collection of Personal Information from Others. You may not, through

manual or automated means, collect, harvest, gather, assemble or store

personal information about other Users of the Digital Services (including

their email addresses or other contact information) without their explicit

consent. You may not use any such information to transmit or facilitate

transmission of unauthorized or unsolicited advertising, junk or bulk email,

chain letters, or any other form of unauthorized solicitation. You agree not to

send, create, or reply to so called mailbombs (i.e., emailing copies of a single

message to many Users, or sending large or multiple files or messages to a

single User with malicious intent) or engage in spamming (i.e., unsolicited

emailing for business or other purposes) or undertake any other activity

which may adversely affect the operation or enjoyment of the Digital Services

by any other User or third party, including placing malware on the Digital

Services.

 No Bullying, Impersonation or Interference. You may not use the Digital

Services to threaten, abuse, harass, or invade the privacy of any other User

or third party. You may not impersonate any person or entity or falsely state

or otherwise misrepresent your professional or other affiliation with CVA

Group or with any other person or entity. You may not restrict, inhibit or

interfere with any other User or third party from using or enjoying the Digital

Services.

 No System Abuse. You may not upload, post or otherwise distribute or

facilitate the distribution of a software virus or any other computer code that

is designed or intended to disrupt, damage, or limit the functioning of the

Digital Services, any other online services, or to obtain unauthorized access

to the Digital Services or Content or any data or other information of any

third party. You may not interfere with, disrupt, or create an undue burden

on servers or networks connected to the Digital Services.

 No Violations of Security Systems. You are prohibited from using the Digital

Services to compromise the security or tamper with, or gain unauthorized

access to, the Digital Services, Content, online accounts or any other

computer systems, resources or networks. The use or distribution of tools

designed for compromising security (e.g., password guessing programs,

cracking tools, malware, or network probing tools) is strictly prohibited. If you

become involved in any violation of systems security, CVA Group reserves the

right to release your details to relevant third parties, law enforcement and/or

governmental authorities in order to assist them in resolving security

incidents.

 No Transmission of Fraudulent Funds. In the course of sending payments,

whether to us or to Sellers, you shall not transmit what we believe to be

potentially fraudulent funds.

 No Violation of Payment Card Rules. You shall not use your user account or

the Digital Services in a manner that we, Visa, MasterCard, American Express,

Discover or any other electronic funds transfer network reasonably believes

to be an abuse of the card system or a violation of card association or

network rules.

 Cooperation. You must not refuse to cooperate in any investigation or refuse

to provide confirmation of your identity or any information you provide to

use.

 No Circumvention. You may not circumvent any CVA Group determinations

about your user account such as temporary or indefinite suspensions or

other account holds, limitations or restrictions, including, but not limited to,

engaging in the following actions: attempting to open new or additional user

account(s) when an account has been restricted, suspended or otherwise

limited; opening new or additional user accounts using information that is

not your own (e.g. name, address, email address, etc.); or using someone

else’s user account.

We may require, at any time, proof that you are following these rules. We reserve

the right to take, or refrain from taking, any and all steps available to us, once we

become aware of any violation of this Agreement, including the following:

 Terminate this Agreement, limit your user account, and/or close or suspend

your user account, immediately and without penalty to us;

 Refuse to provide the Digital Services to you in the future;

 Limit your access to your user account or any of Digital Services, including

limiting your ability to pay with any of the payment methods linked to your

User account;

 Update inaccurate information you provided us; or

 Take legal action against you.

If you’ve violated this Agreement, then you’re also responsible for damages to CVA

Group caused by your violation of this Agreement.

If we close your user account or terminate your use of Digital Services for any

reason, we’ll provide you with notice of our actions.

You are responsible for all claims, fees, fines, penalties and other liability incurred

by CVA Group, any user account holder, or a third party caused by or arising out of

your breach of this Agreement, and/or your use of Digital Services.

12. Availability of and Modification to the Digital Services and Content

We do not guarantee that any or all of the Digital Services or any Content will be

made available through the Digital Services. We may change, modify, edit, suspend,

discontinue or otherwise manipulate the Digital Services, Content or any part,

feature or service of the Digital Services at any time with or without notice to you.

You agree that CVA Group will not be liable to you or to any third party for any

modification, suspension, or discontinuance of the Digital Services, Content or any

part thereof.

13. Fees, Purchases and Referrals

(a) Payment of Fees.

You agree to pay any applicable fees (including any initial deposit made as a Buyer

in connection with a bid, certain Buyer’s fees (5% of the final sales price, with a minimum of $500) and Seller listing fees set forth on our

website on our website in connection with bids or for any purchases you make of

any products, features and/or services (“Purchases”) listed on the Digital Services,

including, without limitation, any applicable sales, uses or similar taxes or charges.

Certain products, fee-based services or features that you purchase, access or

download via the Digital Services may be subject to additional terms and conditions

presented to you at the time of purchase, access or download.

All payments made by you to CVA Group shall be facilitated through Stripe, Inc.,

CVA Group’s third party payment processing service. Stripe’s terms of service can

be found at https://stripe.com/us/terms. All information that you provide in

connection with a Purchase (including any initial deposit made as a Buyer in

connection with a bid, certain Buyer’s fees and Seller listing fees) must be accurate,

complete, and current. You agree to pay all charges incurred by any users of your

credit card, debit card, or other payment method used in connection with a

Purchase on the Digital Services at the prices in effect when such charges are

incurred. You also agree to pay any applicable taxes, if any, relating to any

Purchase.

For any Purchases you make directly from a Seller on or through the Digital Services

that involve payment processing, if such Seller selects a payment processing

method that uses a third party to process the payment, then we do not process the

transaction.

Prices listed for vehicles or any other products or services listed by Sellers on the

Digital Services are set by the Sellers and CVA Group is not responsible setting or

negotiating any prices or related fees. Listed prices set by the Sellers on the Digital

Services may 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. A Seller may add any or all of the

foregoing or any other taxes and fees to the listed price when calculating the final

sale price to charge a Buyer.

All amounts listed on the Digital Services are in U.S. dollars.

(b) No Refunds. All Purchases made from a Seller using the Digital Service are

between the applicable Buyer and Seller; for that reason, in the event you seek a

refund related to a Purchase or have any questions, you must directly contact the

applicable Seller.

(i) Reserve and Publication

In order to use the Digital Services to list a vehicle or other product, a Seller is

required to indicate whether there is a minimum price at which the Seller is willing

to consider a sale to a Buyer (the “Reserve”) or whether no such minimum bid is

required (“No Reserve”). A Seller may reduce or waive a Reserve during the auction

by notifying CVA Group of such change via email or, if available, CVA Group’s web-

based notification tools made available to Seller. CVA Group will only approve a listing

for publication on the Digital Services once a Seller has either selected a Reserve or

selected “No Reserve” for the applicable listing.

(ii) Seller Acknowledgment

If you or any other User submits a vehicle or other product or service to sell on the

Digital Services, and we accept such vehicle, product or service, then you, or such

other User, are considered a “Seller” on the Digital Services. You are responsible in

all respects for the User Content and any other information related to any vehicle,

product or service you decide to sell. You are also fully responsible in all respects

for consummating the transaction with the applicable Buyer in accordance with the

Agreement.

IN THE EVENT A USER ACCESSES OR USES THE DIGITAL SERVICES TO SELL A VEHCILE

OR OTHER PRODUCT OR SERVICE AS A “SELLER,” ANY SUCH USER HEREBY

ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE

PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE ON OR THROUGH THE

DIGITAL SERVICES, SUCH SELLER MAY NOT LIST, POST OR OTHERWISE MAKE

AVAILABLE THE APPLICABLE VEHICLE OR OTHER PRODUCT OR SERVICE ON ANY

OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER

HEREBY ACKNOWLEDGES AND AGREES THAT AT ANY TIME FOLLOWING

PUBLICATION, SELLER’S LISTING MAY BE REMOVED BY CVA GROUP (IN OUR SOLE

DISCRETION).

(iii) Buyer Acknowledgment

Each Buyer acknowledges and agrees that (i) the Buyer fees associated with each

bid submitted via the Digital Services are binding and thus due and payable to CVA

Group in accordance with the Agreement, and (ii) Buyer is responsible for all

applicable government fees and taxes for applicable vehicles listed via the Digital

Services . If you decide to bid on a vehicle that has been listed by a Seller on the

Digital Services, you acknowledge and agree that your bid constitutes the first non-

binding step in expressing your interest to a Seller in the listed vehicle and does not

in and of itself create a formal contract between you as the Buyer and such Seller. It

is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a

binding transaction and enter into a formal contract. This contracting is outside of

the scope of this Agreement and the Digital Services, neither of which bind the

parties to each other. Buyer’s responsibility for any shipping or delivery fees shall

be set forth in the formal agreement between the applicable Seller and Buyer.

We do not inspect any vehicles or any other goods that a Seller lists on the Digital

Services. You acknowledge and agree that CVA Group bears no risk associated with

purchasing a vehicle from a Seller listed via the Digital Services..

In certain circumstances, following the close of an auction, if no bid has met the

Seller’s Reserve, CVA Group may (in its sole discretion) offer to pay Seller a separate

amount to make up the difference between the Reserve and the highest bid (the

“Make Whole Amount”); provided, that if CVA Group provides such Make Whole

Amount to Seller in connection with the foregoing, Seller hereby agrees to return to

CVA Group the Make Whole Amount if following such payment, such Seller’s vehicle

is not sold to such highest bidder within 30 days. SELLER ACKNOWLEDGES AND

AGREES THAT THE OFFERING OR PROVISION OF SUCH MAKE WHOLE AMOUNT BY

CVA GROUPTO SELLER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY

WAY MAKE CVA GROUP A PARTY TO SALE OF THE SELLER’S APPLICABLE VEHICLE OR

OTHER TRANSACTION BETWEEN THE SELLER AND THE BUYER.

14. Release

If you have a dispute with one or more Users of the Digital Services (including

merchants) or any other third parties, you release CVA Group (and its affiliates,

service providers, partners, and its and their respective co-branders, licensors,

payment processing partners, other partners and officers, directors, employees,

contractors, and agents) from claims, demands, liabilities, costs, or expenses and

damages (actual and consequential of every kind and nature, known and unknown,

arising out of or in any way connected with such disputes). In entering into this

release, you expressly waive any protections (whether statutory or otherwise) to

the extent permitted by applicable law that would otherwise limit the coverage of

this release to include only those claims which you may know or suspect to exist in

your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA

RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN

CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES

NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF

KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER

SETTLEMENT WITH THE DEBTOR.”

15. Indemnity

You agree to indemnify and hold CVA Group (and its affiliates, service providers,

partners, and its and their respective co-branders, licensors, payment processing

partners, other partners and officers, directors, employees, contractors, and

agents) harmless from any and all damage (whether direct, indirect, incidental,

consequential or otherwise), loss, liability, cost and expenses (including, without

limitation, costs and reasonable attorneys’ and accounting fees) resulting from any

claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or

otherwise) or investigation made by any User or third party (each, a “Claim”) due to

or arising out of (a) your use of the Digital Services or Content, (b) information you

provide or we obtain about you and your use of the Digital Services, (c) your

violation of this Agreement; (d) your violation of applicable laws or regulations or (e)

the actions or inactions of any third party to whom you grant permission to use

your user account to access the Digital Services (including the sharing of your

Credentials). CVA Group reserves the right, at your expense, to assume the

exclusive defense and control of any Claim for which you are required to indemnify

us, and you agree to cooperate with our defense of these Claims. You agree not to

settle any matter without the prior written consent of CVA Group. CVA Group will

use reasonable efforts to notify you of any such claim, action or proceeding upon

becoming aware of it.

16. Disclaimers

THE DIGITAL SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND

OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND

CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE

WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE

(AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES:

(A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN

UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE

ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE,

LEGAL, OR SAFE.

CVA GROUP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A

THIRD PARTY ON OR THROUGH THE DIGITAL SERVICES OR ANY HYPERLINKED

WEBSITE OR SERVICE, AND CVA GROUPWILL NOT BE A PARTY TO OR IN ANY WAY

MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF

PRODUCTS OR SERVICES. CVA GROUPCANNOT ENSURE THAT A BUYER OR SELLER

YOU ARE DEALING WITH WILL ACTUALLY COMPETE THE TRANSACTION OR HAS

AUTHORIZATION TO DO SO.

AS PART OF THE DIGITAL SERVICES, CVA GROUPMAY ASSIST SELLERS IN THE

CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT

REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE

ACCURATE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING

PRICES) ABOUT A VEHICLE OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE

ON OR THROUGH THE DIGITAL SERVICES BY A SELLER ARE COMMUNICATED

ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING

TYPOGRAPHICAL) THAT MAY APPEAR ON THE DIGITAL SERVICES (INCLUDING IN

ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN

ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR

SERVICE (INCLUDING, WITH RESPECT TO VEHICLES POSTED, THE MILEAGE) DUE TO

AN ERROR (INCLUDING TYPOGRAPHICAL), CVA GROUP IS NOT RESPONSIBLE FOR

SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR

PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR

VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR

MISLEADING INFORMATION.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT

INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE

STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY

SAFE FROM INTRUSION BY OTHERS. CVA GROUPASSUMES NO LIABILITY FOR ANY

ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR

TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR

UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU

UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE

RISK. CVA GROUPDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS

REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL,

INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE

DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN

TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER

NO CIRCUMSTANCES SHALL CVA GROUPBE RESPONSIBLE FOR ANY LOSS OR

DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE

DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL

SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER

ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME

AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS,

WHO MAY BE AFFILIATED WITH CVA GROUPOR MEMBERS OF THE USER

COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS

TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. CVA GROUPCANNOT

GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE

DIGITAL SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,

SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

17. Limitation of Liability

IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS,

AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT

PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS,

EMPLOYEES, CONTRACTORS, AND AGENTS) OR OUR SERVICE PROVIDERS BE LIABLE

TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY,

NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR

DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE,

ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE)

LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS

ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY

TO USE, THE DIGITAL SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN

HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE

LAW, CVA GROUPIS NOT LIABLE, AND YOU AGREE NOT TO HOLD CVA

GROUPRESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT

LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY

SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR

INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE

DIGITAL SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE

DIGITAL SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY

ACCESSING OR USING THE DIGITAL SERVICES; (4) GLITCHES, BUGS, ERRORS, OR

INACCURACIES OF ANY KIND IN THE DIGITAL SERVICES; (5) ACTIONS, OR INACTIONS

OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO

YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU

PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR

LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE DIGITAL

SERVICES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS

OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF

(A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID CVA GROUP IN THE

PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT

ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILATES, SERVICE

PROVIDERS OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS,

PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS,

EMPLOYEES, CONTRACTORS AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND

ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF

LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES

OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

18. Third Party Services and Ads

The Digital Services might contain links to third-party websites, apps or other

services (e.g., social media platforms), and advertisements for third parties

(collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not

under the control of CVA Group and CVA Group is not responsible for any Third-

Party Services and Ads. CVA Group provides these Third-Party Services and Ads only

as a convenience and does not review, approve, monitor, endorse, warrant, or

make any representations with respect to Third-Party Services and Ads. When you

use Third-Party Services and Ads, you do so at your own risk. When you link to

Third-Party Services and Ads, the applicable third party’s terms and policies apply,

including the third party’s privacy policies.

19. Third Party Affiliate Marketing

We participate in affiliate marketing and may allow third-party affiliate links to be

encoded on some of our Digital Services. This means that we may earn a

commission when you click on or make purchases via third-party affiliate links.

20. Local Regulations

 CVA Group makes no representation that the Digital Services or Content are

appropriate or available for use outside the United States, its territories,

possessions, and protectorates. If you choose to access the Digital Services

or Content from other locations, you do so on your own initiative and at your

own risk.

 You are responsible for complying with local laws, if and to the extent local

laws are applicable. You specifically agree to comply with all applicable laws

concerning the transmission of technical data exported from the United

States or the country you reside in.

21.Term and Termination

These Terms of Use apply to you as soon as you access the Digital Services by any

means and continue in effect until they are validly terminated. As described below,

some terms remain applicable even after termination.

CVA Group may, in its sole discretion, terminate your Credentials (including your

password, account (or any part thereof)) or use of the Digital Services, or remove

and discard any User Content or information stored, sent, or received via the Digital

Services without prior notice and for any reason or no reason, including, but not

limited to: (i) permitting another person or entity to use your identification to access

the Digital Services (including through the sharing of your Credentials), (ii) any

unauthorized access or use of the Digital Services (including through the use of

your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or

alteration of any of the software, data files, and/or Content contained in or

accessed through, the Digital Services. You may terminate your user account for

any reason or no reason. Termination, suspension, or cancellation of this

Agreement or your access rights to the Digital Services shall not affect any right or

relief to which CVA Group may be entitled, at law or in equity. Upon such

termination, suspension, or cancellation, all rights granted to you will automatically

terminate and immediately revert to CVA Group and its licensors and all rights

granted by you to CVA Group shall survive in perpetuity.

Notwithstanding any termination, suspension, or cancellation of this Agreement or

your access rights to the Digital Services, the following provisions of this Agreement

will survive: Sections 2 – 30.

22. Entire Agreement

This Agreement (including the Privacy Notice and any additional guidelines, terms,

procedures or rules that may apply to a specific feature of the Digital Services)

constitutes the entire agreement between you and us regarding the use of the

Digital Services. Our failure to exercise or enforce any right or provision of this

Agreement shall not operate as a waiver of such right or provision. The section

titles in this Agreement are for convenience only and have no legal or contractual

effect. The word including means including without limitation. If any provision of

this Agreement is, for any reason, held to be invalid or unenforceable, the other

provisions of this Agreement will be unimpaired and the invalid or unenforceable

provision will be deemed modified so that it is valid and enforceable to the

maximum extent permitted by law.

23. Changes to this Agreement

We may revise, prospectively, this Agreement by posting an updated version on the

Digital Services or by providing you with notice (by email or other notification

through the Digital Services). You consent and agree to receive notices of updates

to this Agreement through our posting of an updated Agreement on the Digital

Services. You should visit this page or section regularly to review the current

version of the Agreement. Your continued use of the Digital Services will be deemed

as irrevocable acceptance of any revisions.

24. Dispute Resolution (Arbitration Clause and Class Action Waiver)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

24.1 Except for either party’s claims of infringement or misappropriation of

the other party’s patent, copyright, trademark, or trade secret, any and all

disputes between you and CVA Group arising under or related in any way to

this Agreement, must be resolved through binding arbitration as described in

this section. This agreement to arbitrate is intended to be interpreted

broadly. It includes, but is not limited to, all claims and disputes relating to

your use of any of the Digital Services.

24.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CVA

GROUP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE

IN A CLASS ACTION. YOU AND CVA GROUP AGREE THAT EACH MAY BRING

CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,

AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR

REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN

INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT

PERMITTED.

24.3 The arbitration will be governed by the Commercial Arbitration Rules and

the Supplementary Procedures for Consumer Related Disputes of the

American Arbitration Association (“AAA”), as modified by this section. For any

claim where the total amount of the award sought is $10,000 or less, the AAA,

you and CVA Group must abide by the following rules: (a) the arbitration shall

be conducted solely based on written submissions; and (b) the arbitration

shall not involve any personal appearance by the parties or witnesses unless

otherwise mutually agreed by the parties. If the claim exceeds $10,000, the

right to a hearing will be determined by the AAA rules, and the hearing (if

any) must take place in Tampa, FL. The arbitrator’s ruling is binding

and may be entered as a judgment in any court of competent jurisdiction. In

the event this agreement to arbitrate is held unenforceable by a court, then

the disputes that would otherwise have been arbitrated shall be exclusively

brought in the state or federal courts located in Tampa, Florida. Claims of infringement or misappropriation of the other party’s

patent, copyright, trademark, or trade secret shall be exclusively brought in

the state and federal courts located in Tampa, Florida.

25. No Waiver

No failure or delay by CVA Group in exercising any right, power or privilege under

this Agreement will operate as a waiver thereof, nor will any single or partial

exercise of any right, power or privilege preclude any other or further exercise

thereof or the exercise of any other right, power, or privilege under this Agreement.

26. Governing Law

This Agreement shall be governed by and construed solely and exclusively in

accordance with the laws of the State of New York, USA without giving effect to any

law that would result in the application of the law of another jurisdiction.

27. Notice to California Users

Under California Civil Code Section 1789.3, California users of the Digital Services

are entitled to the following specific consumer rights notice: The Complaint

Assistance Unit of the Division of Consumer Services of the California Department

of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080,

Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

28. Copyright Infringement Claims Policy

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC

sec. 512, our Digital Services have designated an agent to receive notices of claims

of copyright infringement: If you believe your

mailto: info@CVAbid.com with the subject=Copyright Concern . To be effective, the

notification must be a written communication that includes the following:

 A physical or electronic signature of person authorized to act on behalf of the

owner of an exclusive right that is allegedly infringed;

 Identification of the copyrighted work claimed to have been infringed, or, if

multiple copyrighted works at a single online site are covered by a single

notification, a representative list of such works at that site;

 Identification of the material that is claimed to be infringing or to be the

subject of infringing activity and that is to be removed or access to which is to

be disabled, and information reasonably sufficient to permit us to locate the

material;

 Information reasonably sufficient to permit us to contact you, including an

address, telephone number, and, if available, an electronic mail address at

which the complaining party may be contacted;

 A statement that the complaining party has a good-faith belief that use of the

material in the manner complained of is not authorized by the copyright

owner, its agent, or the law; and

 A statement that the information in the notification is accurate, and under

penalty of perjury, that the complaining party is authorized to act on behalf

of the owner of an exclusive right that is allegedly infringed.

We may give notice to our Users that we have received a notice of infringement by

means of a general notice on our site, electronic mail to a User’s e-mail address in

our records, or by written communication sent by first-class mail to a User’s

physical address in our records. If you receive such a notice, you may provide

counter-notification in writing to the designated agent that includes the information

below. To be effective, the counter-notification must be a written communication

that includes the following:

 Your physical or electronic signature;

Identification of the material that has been removed or to which access has

been disabled, and the location at which the material appeared before it was

removed or access to it was disabled;

 A statement from you under the penalty of perjury, that you have a good

faith belief that the material was removed or disabled as a result of a mistake

or misidentification of the material to be removed or disabled; and

 Your name, physical address and telephone number, and a statement that

you consent to the jurisdiction of a Federal District Court for the judicial

district in which your physical address is located, or if your physical address

is outside of the United States, for the judicial district in which our offices are

located, and that you will accept service of process from the person who

provided notification of allegedly infringing material or an agent of such

person.

We have a policy of terminating access to our Digital Services of any User who

repeatedly infringes the proprietary rights of any third party.

29. Apple App Store Additional Terms and Conditions

The following additional terms and conditions apply to you if you are using an app

from the Apple App Store (an “Apple App”). To the extent the other terms and

conditions of this Agreement are less restrictive than, or otherwise conflict with, the

terms and conditions of this Section 29, the more restrictive or conflicting terms

and conditions in this Section 29 apply, but solely with respect to Apple Apps from

the Apple App Store.

Acknowledgement: CVA Group and you acknowledge that this Agreement is

concluded between CVA Group and you only, and not with Apple, and CVA Group,

not Apple, is solely responsible for the Apple App and the content thereof. To the

extent this Agreement provides for usage rules for Apple App that are less

restrictive than the usage rules set forth for the Apple App in, or otherwise is in

conflict with, the App Store Terms of Service, the more restrictive or conflicting

Apple term applies.

Scope of License: The license granted to you for the Apple App is limited to a non-

transferable license to use the Apple App on an iOS Product that you own or

control and as permitted by the usage rules set forth in the App Store Terms of

Service.

Maintenance and Support: CVA Group is solely responsible for providing any

maintenance and support services with respect to the Apple App, as specified in

this Agreement (if any), or as required under applicable law. CVA Group and you

acknowledge that Apple has no obligation whatsoever to furnish any maintenance

and support services with respect to the Apple App.

Warranty: CVA Group is solely responsible for any product warranties, whether

express or implied by law, to the extent not effectively disclaimed. In the event of

any failure of the Apple App to conform to any applicable warranty, you may notify

Apple, and Apple will refund the purchase price for the Apple App to you; and to the

maximum extent permitted by applicable law, Apple will have no other warranty

obligation whatsoever with respect to the Apple App, and any other claims, losses,

liabilities, damages, costs or expenses attributable to any failure to conform to any

warranty will be CVA Group’s sole responsibility.

Product Claims: CVA Group and you acknowledge that CVA Group, not Apple, is

responsible for addressing any claims of you or any third party relating to the Apple

App or your possession and/or use of the Apple App, including, but not limited to:

(i) product liability claims; (ii) any claim that the Apple App fails to conform to any

applicable legal or regulatory requirement; and (iii) claims arising under consumer

protection or similar legislation. This Agreement does not limit CVA Group’s liability

to you beyond what is permitted by applicable law.

Intellectual Property Rights: CVA Group and you acknowledge that, in the event

of any third-party claim that the Apple App or your possession and use of the Apple

App infringes that third party’s intellectual property rights, CVA Group, not Apple,

will be solely responsible for the investigation, defense, settlement and discharge of

any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) you are not located in a

country that is subject to a U.S. Government embargo, or that has been designated

by the U.S. Government as a “terrorist supporting” country; and (ii) you are not

listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address: CVA Group’s contact information for any end-user

questions, complaints or claims with respect to the Apple App is: CVA Group, LLC

at info@CVAbid.com. Insert our name or the auction mobility info

Third Party Terms of Agreement: You must comply with applicable third-party

terms of agreement when using the Apple App.

Third-Party Beneficiary: CVA Group and you acknowledge and agree that Apple, and

Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon

your acceptance of the terms and conditions of this Agreement, Apple will have the

right (and will be deemed to have accepted the right) to enforce this Agreement

against you as a third-party beneficiary thereof.

30. Copyright/Trademark Information

logos and service marks (“Marks”) displayed on the Digital Services are our property

or the property of other third parties. You are not permitted to use these Marks

without our prior written consent or the consent of such third party which may own

the Marks.

31. Contact Us.

If you have any questions about this Agreement, you may contact us by email at
mailto:info@cvabid.com with the subject =Question about terms.

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