Auto Market Auctions: Auction Site User Agreement
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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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