AUTO MARKET KING, LLC Website Terms of Service Last Revised: September 2019 Auto Market King, LLC (“Auto
Market King”, “Company”, “we” or “us”) welcomes you (“User”
or “you”) to our website (http://www.AutoMarketAuctions.com) through which
you may sell and purchase vehicles (the “Site”).
The following terms and conditions (“Terms”) govern your use and access
to the services available through the Site (the “Services”) By connecting to,
using and/or accessing the Site, and/or (c) clicking the “I Agree” button when setting your username and password for the Site,
you acknowledge that you have read and understood these terms of use. You agree
to be bound by these Terms and to comply with all applicable laws and
regulations regarding your use of the Site and the Services. You acknowledge
that these Terms constitute a binding and enforceable contract between the
Company and you. You agree that these Terms are entered into in consideration
of your use of the Site and the Services, and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged. IF YOU DO NOT AGREE TO THE
TERMS, DO NOT CONNECT TO, ACCESS OR USE THE SITE OR THE SERVICES. 1. The Services The Services utilize
the Site to allow you to offer for sale and/or purchase vehicles from other
users of the Site and the Services. In
order to use the Site and the Services, the You must provide all information,
including, but not limited to copies of your driver’s license, vehicle
registration, vehicle identification number (VIN) and pay any fees, including
listing fees, deposits, and penalty fees as described and required by the
Site. Auto Market King may accept or
reject any listing or content posted by a User at any time without prior notice
at its sole discretion. For example,
listings that may be removed for inappropriate pricing, false or incomplete
information, including your contact information (any attempt to directly
contact another User is strictly prohibited and may result in the termination
of your account), or any other reason at the Company’s sole discretion. Auto Market King may also charge a penalty
fee to a User if such User violates the terms and conditions. You agree and
acknowledge that Auto Market King shall be entitled to receive and retain all
amounts paid by a buyer in excess of the listing price identified by a seller. No funds shall be released by Auto Market
King until it has confirmed that all funds received by us in connection from a
vehicle sale have been received and are good funds. We recommend that you use cash or wire
transfer for all transactions ALL BUYERS WILL BE
REQUIRED TO PAY A DEPOSIT TO BE HELD BY AUTO MARKET KING IN ORDER TO
PARTICIPATE IN AN AUCTION. IF A BUYER
FAILS TO COMPLETE A TRANSACTION AFTER WINNING AN AUCTION, AUTO MARKET KING
SHALL RETAIN THE ENTIRE AMOUNT OF THE DEPOSIT AS A PENALTY FEE, SEE THE SITE
FOR ADDITIONAL DETAILS. AUTO MARKET KING
WILL APPLY A PORTION OF DEPOSIT TO THE PURCHASE PRICE AGREED UPON BY THE BUYER
AND SELLER AND SHALL RETAIN A PORTION AS PAYMENT FOR THE USE OF THE SITE AND
SERVICES BY THE USERS, SEE THE SITE FOR ADDITIONAL DETAILS. Auto Market King provides
services to facilitate the exchange of vehicles between buyers and sellers. Auto
Market King does not take title to the vehicles listed for sale on the Site. Auto
Market King is neither the Buyer nor the Seller of the vehicles listed for
sale. Auto Market King is not a party to
the vehicle sale contract, but is a third party beneficiary of the contract,
entitled to the parties’ performance and to seek legal remedies for the
parties’ breach. You agree that any legal claims arising out of a transaction
will be between you and the other party (either buyer or seller) in the
transaction and not against Auto Market King or any Auto Market King partner. Please note that the Site
may only be available for certain operating systems or certain approved
hardware. To be able to access and/or use the Site and the Services, or any
portion thereof, the User must legally obtain all the applicable or required
software and equipment at his/her sole risk and expense. In addition, you
hereby acknowledge and agree that you may be charged for Internet and data
usage charges made through use of the Site and the Services, in accordance with
the applicable rates charged by your respective third-party Internet and data
usage service provider as may occur from time to time. Auto Market King will
not be liable for any Internet and data usage charges which you may be charged
by your respective third-party Internet and data usage service providers. The Site and/or the
Services may provide you with additional resources such as text, files, logos,
button icons, images, data compilations, links, other specialized content,
technical data, documentation, know-how, specifications materials, designs,
data, the “look and feel” of the Site and/or the Services, algorithms, source
and object code, interface, GUI, interactive features related graphics,
illustrations, drawings, animations, and other features available on or through
the Site and/or Services (collectively, the “Content”). For additional
fees we may assist you in writing listings and ads for the sale of vehicles,
you may contact the Company for details and pricing information. We may also assist with financing and
delivery of vehicles for additional fees, you may contact the Company for
details and pricing information. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON
THE SITE IS RESERVED TO Auto Market King
OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT
AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. Auto Market King WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS
INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR
USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN. [BETA THE SITE IS CURRENTLY IN ITS BETA
VERSION AND IS UNDERGOING BETA TESTING. THEREFORE, THE SITE MAY SUFFER
DISRUPTIONS, MAY CONTAIN BUGS AND MAY NOT OPERATE AS DESIGNATED OR INTENDED.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO PARTICIPATE IN THE SITE BETA
TESTING.] 2. Account Registration All Users must
register and create an account (“Account”)
in order to use the Site. Your Account will
include the following details: your name, your home address, e-mail address and
mobile phone number. Upon your initial access of the Site we will send you a
registration notification where you will be required to approve the Terms and
choose a password. Once the password is set, you can login to the Site. We
reserve the right to change the method of connecting to the Account at any
time. Your Account is
password protected. In order to protect the security of your personal information
you must (i) safeguard and not disclose your Account log-in details, (ii)
supervise the use of such Account, and (iii) not allow any other person to make
use of the Account. You agree to keep your Account information up to date and
accurate. You are solely and
fully responsible for maintaining the confidentiality of the password, and for
all activities that occur under your Account. You must notify us immediately of
any unauthorized use of your Account, password or any other breach of security
and in such events you must change your password immediately by (a) the
settings of your Account (if applicable) or (b) sending us an email to support@automarketauctions.com. If you wish to either
change your user name, phone, email address, or password to log-in to your
Account, or cancel and remove your Account, you may use the setting menu or you
can send us an e-mail of your request to: support@automarketauctions.com. Your
Account will terminate within reasonable time following your request to
terminate your Account. CANCELLING YOUR
ACCOUNT MAY CAUSE INABILITY TO ACCESS YOUR ACCOUNT AND/OR THE LOSS OF CERTAIN
INFORMATION. WE DO NOT AND WILL NOT ACCEPT ANY LIABILITY FOR INFORMATION LOSS. 3. Use Restrictions There are certain
conducts which are strictly prohibited when using the Site and the Services.
Please read the following restrictions carefully. Failure to comply with any of
the provisions set forth herein may expose a User to civil and/or criminal
liability. YOUR LOG-IN DETAILS AND
PASSWORD ARE PERSONAL AND YOU MAY NOT SHARE THEM WITH OTHERS. You may not, whether
by yourself or anyone on your behalf, unless otherwise explicitly permitted
under these Terms: (a) use the Site, the Services, and/or the Content for any
illegal, immoral, unlawful and/or unauthorized purposes; (b) interfere with or
violate other users’ rights to privacy and other rights, or harvest or collect
Personal Information about other users, whether manually or with the use of any
robot, spider, crawler, any search or retrieval application, or use other
manual or automatic device, process or method to access the Site and retrieve,
index and/or data-mine information; (c) interfere with or disrupt the operation
of the Site, or the servers or networks that host it, or disobey any laws or
regulations or requirements, procedures, policies, or regulations of such
servers or networks; (d) falsely state or otherwise misrepresent your
affiliation with any person or entity, or express or imply that the Auto Market
King endorses you, your site, your business or any statement you make, or
present false or inaccurate information about the Site and/or the Services; (e)
take any action that imposes, or may impose, an unreasonable or
disproportionately large load on our online-platform(s) infrastructure, as
determined by us; (f) bypass any measures we may use to prevent or restrict
access to the Site; (g) copy, modify, alter, adapt, make available, translate,
port, reverse engineer, decompile or disassemble any portion of the Content or
publicly display, reproduce, create derivative works of, perform, distribute,
or otherwise use such Content, other than as permitted under these Terms; (h)
copy, distribute, display, execute publicly, make available to the public,
reduce to human readable form, decompile, disassemble, adapt, sublicense, make
any commercial use, sell, rent, transfer, lend, process, compile, reverse
engineer, combine with other software, translate, modify or create derivative
works of any material that is subject to the Company’s proprietary rights,
including the Company’s Intellectual Property (as defined below) in any way or
by any means, unless expressly permitted in the Terms; (i) make any use of the
Content on any other site or networked computer environment for any purpose, or
replicate or copy the Content without the Company’s prior written consent; (j)
create a browser or border environment around the Company Content (no frames or
inline linking are allowed); (k) unless otherwise expressly permitted by the
Company, sell, license, or exploit for any commercial purposes any use of or
access to the Site, Services and/or Content; (l) frame or mirror any part of
the Site without the Company’s prior express written authorization; (m) create
a database by systematically downloading and storing all or any of the Content
or information or data from the Site; (n) transmit or otherwise make available
in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug,
spyware, or any other computer code, file, or program that may or is intended
to damage or hijack the operation of any hardware, software, or
telecommunications equipment, or any other actually or potentially harmful,
disruptive, or invasive code or component; (o) distribute, resell or offer the Site
and/or Services for rent or lease or offer any of the above to the public in
any manner, or integrate any of the above within a service of your own, without
the prior written consent of the Company; (p) access, or attempt to access, the
Services other than through the interface that is provided by Auto Market King,
without the prior written consent of Auto Market King; (q) remove or
disassociate, from the Content and/or the Site and/or the Services any
copyright, trademark or other proprietary notices contained in such materials
(such as ©,™, or ®); (r) use your Account in any way that endangers the
confidentiality of any user’s Personal Information; (s) infringe and/or violate
any of the Terms; and/or (t) ship, transfer, or export the Site into any
country, or make available or use the Site in any manner, prohibited by
applicable laws. 4. Intellectual Property Rights Auto Market King Intellectual
Property The Site, the Content
and the Company’s proprietary assets and any and all intellectual property
rights pertaining thereto, including, but not limited to, inventions, patents
and patent applications, trademarks, trade names, domain names, service marks,
copyrightable materials and trade secrets, whether or not registered or capable
of being registered (collectively, “Intellectual
Property”), are owned by and/or licensed to the Company and are protected
by applicable copyright and other intellectual property laws and international
conventions. All rights not expressly granted to you hereunder are reserved by
the Company and its licensors. Subject to the terms
hereof, Auto Market King, hereby grants to you, and you accept, a personal,
nonexclusive, non-commercial, non-transferable, non-sublicensable and fully
revocable limited license (i) to use the Site for your individual use, and for
no other purpose, strictly in accordance with the Terms, the applicable Usage
Rules (defined below) and applicable law; and (ii) to use the Services and
Content provided therein in accordance with the Terms. The Terms do not
convey to you an interest in or to the Company’s Intellectual Property but only
a limited revocable right of use in accordance with the Terms. Nothing in the
Terms constitutes a waiver of the Company’s Intellectual Property under any
law. To the extent you
provide any feedbacks, comments or suggestions to Auto Market King (“Feedback”), Auto Market King shall have
an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable
license to incorporate the Feedback into any of Auto Market King’s current or
future products, technologies or services and use same for any purpose, all
without further compensation to you and without your approval. You agree that
all such Feedback shall be deemed non-confidential. Furthermore, you warrant
that your Feedback is not subject to any license terms that would purport to
require Auto Market King to comply with any additional obligations with respect
to any of Auto Market King’s current or future products, technologies or
services that incorporate any Feedback. Your Intellectual
Property You represent and
warrant that you have (and will continue to have) all the necessary licenses,
rights, consents, and permissions with respect to any information you transmit
or make available via our Services. When you transmit or make available such information,
you grant Auto Market King a non-exclusive, non-commercial and royalty-free
license to access and view such information. You hereby grant Auto
Market King a non-exclusive, royalty-free, fully paid up, worldwide, perpetual,
sublicensable, assignable and irrevocable license to use information uploaded
by You. You hereby agree that
we may retain copies of information you transmit or make available via the Site. 5. Trademarks and Trade Names “Auto Market King”
marks and logos and/or other Auto Market King’s marks and logos and all other
proprietary identifiers used by the Company in connection with the Site and/or
Services (“Company Trademarks”) are
all trademarks, service marks and/or trade names of the Company, whether or not
registered. All other trademarks, service marks, trade names and logos which
may appear on the Site and/or Service belong to their respective owners (“Third Party Marks”). No right, license,
or interest to the Company Trademarks and the Third-Party Marks is granted
hereunder, and you agree that no such right, license, or interest may be
asserted by you with respect thereto and therefore you will avoid using any of
those marks, except as permitted herein. 6. Special provisions relating to
Third Party Components The Site and/or
Services may use or include third party software, files and components that are
subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third-Party
Components as part of, or in connection with the Site and/or Services is
subject to any applicable acknowledgements and license terms accompanying such Third-Party
Components, contained therein or related thereto. If there is a conflict
between the licensing terms of such Third-Party Components and these Terms, the
licensing terms of the Third-Party Components shall prevail in connection with
the related Third-Party Components. Under no circumstances shall the Site and/or
Services or any portion thereof (except for the Third-Party Components
contained therein) be deemed to be “open source” or “publicly available”
software. 7. Availability The Site’s, and the
Services’ availability and functionality depend on various factors, such as
software, hardware and the Company’s service providers and contractors. The
Company does not warrant or guarantee that the Site and/or the Services will
operate at all times without disruption or interruption, or that they will be
immune from unauthorized access or error-free. 8. Termination of these Terms These Terms shall
remain in effect until terminated as set forth herein. Your failure to comply
herewith shall terminate your license and these Terms. In the event of your
failure to comply herewith we may immediately (temporarily or permanently)
limit, suspend or otherwise terminate, your Account, and your access to the Site
without notice. Without limiting the generality of the foregoing, we may
terminate or suspend your Account if we believe in our sole discretion that any
of the following events occurred: (a) there is a threat to the security or
integrity of your Account, our network or our servers; (b) suspension or
termination is needed to protect the rights (including without limitation,
privacy rights), property or safety of the Company, Users, or the public; (c)
you are using the Services in order to directly compete with Auto Market King;
(d) you have violated any of these Terms; and/or (e) we are required to by law. If you object to any
term hereof, as may be amended from time to time, or become dissatisfied with
the Services, you may terminate these Terms at any time by closing your Account
and stopping your use of our Services and this will be your sole remedy in such
circumstances. Upon termination of
these Terms, the license and all other rights granted to you hereunder will
automatically terminate; and the provisions of these Terms that, by their
nature and content must survive the termination of these Terms in order to
achieve the fundamental purposes of these Terms shall so survive. Without
limiting the generality of the forgoing, the Intellectual Property, General
Disclaimer of Warranties, Limitation of Liability, Indemnification and General
sections will survive the termination of the Terms. We shall use
reasonable efforts to provide you a notice in the event of termination or
suspension of your Account. During the suspension period, you will not have the
ability to use or access your Account. In the event that we determine, in our
sole discretion, that the reason for suspension of access to your Account has
been resolved, we may restore access to your Account. 9. GENERAL DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT
LEGALLY PERMISSIBLE, THE SITE, THE SERVICES, THE CONTENT AND THE THIRD PARTY
COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AUTO MARKET
KING AND ITS VENDORS INCLUDING AUTO MARKET KING’S AND SUCH VENDORS’ OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, ATTORNEYS
AND SUPPLIERS (“COVERED PARTIES”)
DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND
THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE
ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT
CHANGE. IN ADDITION TO OTHER
DISCLAIMERS CONTAINED IN THESE TERMS, WE DO NOT WARRANT (I) THAT THE USE AND
OPERATION OF THE SITE OR SERVICES IS OR WILL BE SECURE, TIMELY, ACCURATE,
COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS,
OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL
CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR SERVICES, (III) THAT THE SITE WILL
BE INTEROPERABLE OR COMPATIBLE WITH YOUR OTHER SOFTWARE, HARDWARE, OR ANY
EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM
INTEROPERABILITY OR COMPATIBILITY PROBLEMS, AND/OR (IV) MAKE ANY REPRESENTATION
REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF
THE SITE AND/OR CONTENT (INCLUDING THAT THE RESULTS OF USING THEM WILL MEET
YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE USE OF THE SITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED
TO THEIR AVAILABILITY, RELIABILITY OR QUALITY, AND IT IS NOT AND SHALL NOT BE
RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND
INFORMATION DISPLAYED WITHIN THEM. WE ARE NOT RESPONSIBLE
AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE
PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY. WE ARE NOT RESPONSIBLE
FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS
(INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW
CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS)
OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOU AGREE THAT USE OF
THE SITE, THE SERVICES AND/OR THE CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR
OWN RISK. 10. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT
LEGALLY PERMISSIBLE, IN NO EVENT SHALL AUTO MARKET KING, INCLUDING THE COVERED
PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO,
DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR
DATA AND BUSINESS INTERRUPTION), UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT
LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), RESULTING FROM OR
IN CONNECTION TO THE SITE, THE SERVICES AND/OR THE CONTENT, YOUR USE OR
INABILITY TO USE THEM OR THEIR FAILURE TO PERFORM AS REPRESENTED OR EXPECTED,
ANY OTHER ACT OR OMISSION OF AUTO MARKET KING OR ANY OF THE COVERED PARTIES, BY
ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR
CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER
LEGAL THEORY, REGARDLESS OF WHETHER AUTO MARKET KING OR ANY OF THE COVERED
PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY
PERMISSIBLE, AUTO MARKET KING AND THE COVERED PARTIES’ TOTAL AGGREGATE
LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN
CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR CONTENT
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO AUTO MARKET KING FOR
YOUR SUBSCRIPTION TO OUR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 11. Indemnification You agree to defend,
indemnify and hold harmless Auto Market King and the Covered Parties from and
against any and all claims, damages, obligations, losses, liabilities, costs,
debts, and expenses (including but not limited to attorney’s fees) arising
from: (i) your use, misuse of, inability to use and/or activities in connection
with the Site, Services and/or Content; (ii) your violation of any of these
Terms; (iii) your violation of any third party rights, including without
limitation any intellectual property rights or privacy right of such third
party in connection with your use of the Site and/or Services; (iv) any damage
of any sort, whether direct, indirect, special or consequential, you may cause
to any third party with relation to your misuse of the Site and/or Services. It
is hereby clarified that this defense and indemnification obligation will
survive these Terms. Without derogating
from the foregoing, we reserve the right to assume the exclusive defense and
control of any matter which is subject to indemnification by you, which will
not excuse your indemnity obligations hereunder and in which event you will
fully cooperate with us in asserting any available defense. You agree not to
settle any matter subject to an indemnification by you without first obtaining
our prior express written approval. 12. Changes to the Terms Auto Market King may
at its sole discretion, change the Terms from time to time, you should re-visit
this page frequently to review the Terms and any
changes thereto. In case of any
material changes, we will post a notice in the Site and/or send you an e-mail
(to the extent that you provided us with such e-mail address) regarding such
change. Such material changes will take effect seven (7) days after such notice
was provided on our Site or sent via e-mail, whichever is earlier. Otherwise,
all other changes to these Terms are effective as of the stated “Last Revised”
date and your continued use of the Site on or after the Last Revised date will
constitute acceptance of, and agreement to be bound by, those changes. In the
event that the Terms should be amended to comply with any legal requirements,
the amendments may take effect immediately, or as required by the law and
without any prior notice. To the extent you object to such change, you will
have a right to terminate the Terms in accordance with the provisions of
Section 8 above. 13. General (a) These Terms
constitute the entire terms and conditions between you and the Company relating
to the subject matter herein and supersede any and all prior or contemporaneous
written or oral agreements or understandings between you and the Company; (b)
any claim relating to the Site, the Content, or the Services or the use thereof
will be governed by and interpreted in accordance with the laws of the Commonwealth
of Pennsylvania, without reference to its conflict-of-laws principles; (c) any
dispute arising out of or related to the Site, the Content or the Services will
be brought in, and you hereby consent to exclusive jurisdiction and venue in,
the competent state courts of Pennsylvania; (d) you agree to waive all defenses
of lack of personal jurisdiction and forum non-convenience and agree that process
may be served in a manner authorized by applicable law or court rule; (e) notwithstanding
the foregoing, Auto Market King may seek injunctive relief in any court of
competent jurisdiction; (f) these Terms do not, and shall not be construed to
create any relationship, partnership, joint venture, employer-employee, agency,
or franchisor-franchisee relationship between the parties hereto; (g) no waiver
by either party of any breach or default hereunder will be deemed to be a
waiver of any preceding or subsequent breach or default; (h) any heading,
caption or section title contained herein is inserted only as a matter of
convenience, and in no way defines or explains any section or provision hereof;
(i) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE
ARISING OUT OF OR RELATED TO THE SITE, THE CONTENT AND/OR THE SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED; (j) if any provision hereof is adjudged
by any court of competent jurisdiction to be unenforceable, that provision
shall be limited or eliminated to the minimum extent necessary so that these
Terms shall otherwise remain in full force and effect while most nearly
adhering to the intent expressed herein; (k) you may not assign or transfer
these Terms (including all rights and obligations hereunder) without our prior
written consent and any attempt to do so in violation of the foregoing shall be
void; (l) we may assign or transfer these Terms without restriction or
notification except that you will have a right to terminate the Agreement upon
such assignment; (m) no amendment hereof will be binding unless in writing and
signed by Auto Market King; and (n) Auto Market King will not liable for any
delay or failure to provide the Site and/or Services resulting from
circumstances or causes beyond the reasonable control of Auto Market King (i.e.
force majeure). 14. Contact Information If you have any
questions (or comments) concerning the Terms, you are most welcome to send us
an e-mail to the following address, and we will make an effort to reply within
a reasonable timeframe: support@automarketauctions.com.
The Company reserves the right to contact you by phone or e-mail at any time
regarding your Account. |
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