The Site Content, defined elsewhere, is copyright 2018, Collector Chassis, Inc. all rights reserved. Collector Chassis owns copyright rights in the Site Content as a collective work and/or compilation, and in anyand all databases accessible on or through the Site. Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, images, graphics, code, marks, logos, audio and video, footage, animations, information, text, music, sound, photos, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to Collector Chassis, Inc. and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. Collector Chassis, the Collector Chassis Logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of Collector Chassis and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel,or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of Collector Chassis or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the Collector Chassis (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other Collector Chassis intellectual property, or assist any third party in doing so.
Collector Chassis is under no obligation to offer you or make any payment for content that you submit (the “Content”) or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to Collector Chassis. Collector Chassis shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties regarding Content submitted by users. Such Content will be considered non-confidential and Collector Chassis is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, Collector Chassis reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. To the extent permissible by law, such Content shall become the property of Collector Chassis in perpetuity, to be used at our discretion without prior notice to you, or, in the alternative, you grant to Collector Chassis a perpetual, worldwide, non-revocable license to use the Content in any manner, including but not limited to, modifying, sublicensing, distributing, or otherwise utilizing, at Collector Chassis’ sole discretion. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Collector Chassis or its licensees or sublicensees, successors and assigns; (b) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (c) you forever irrevocably waive in favor of Collector Chassis and itssuccessors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release Collector Chassis, and its licensees, successors and assigns, from any claims that you could otherwise assert against Collector Chassis by virtue of any such moral rights.
The Site may contain discussion forums, bulletin boards, opinions, pricing information, or other forums in which you or third parties may post stories, news feeds, and or auction information of vehicles and automotive related topics or content, messages, materials or other items on the Site ("Interactive Areas"). No action should be taken based upon any of the information contained in the Interactive Areas. All statements, information and other content submitted by Site users are solely the opinions of users, and not of Collector Chassis. If Collector Chassis provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. By using any Interactive Areas, you expressly agree not to use, telecommunicate or perform, post, upload to, transmit, distribute, modify, adapt, edit, translate, publicly display, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity);
- Any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content ("User Content") that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, the Canadian Securities Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the NASDAQ Stock Market or the Toronto Stock Exchange;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- User Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- User Content that, in the sole judgment of Collector Chassis, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Collector Chassis or its affiliates or its users to any harm or liability of any type.
- Unsolicited promotions, political campaigning, advertising or solicitations;
You further agree that you will not attempt or do any of the following:
- Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
- Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise, except in connection with the routine activities of web search engines solely for the purposes of inclusion insuch search engines.
- Interfere with or disrupt the Site or our computer systems, servers, or networks.
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
ServiceCollector Chassis is an onlineservicethat brings together buyers, sellers, and collectors. COLLECTORCHASSIS IS NOT AN AUTOMOBILE DEALER, OR BROKER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR AUCTION ON OUR SITE. COLLECTOR CHASSIS DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR AUCTION ON OUR SITE AND COLLECTOR CHASSIS IS NOT A PARTY TO ANY VEHICLE SALE CONTRACT BETWEEN VEHICLE BUYERS AND SELLERS THAT ORIGINATES ON OR THROUGH THE SITE. All Buyers and Sellers must be at least 18 years old to usethe Site and by using the Site, you represent that you are at least 18 years old. The information on vehicles provided in this service and on the Site is supplied by the Seller (“Vehicle Owner”, “Consigner”, “Restorer” or “Dealer”); Collector Chassis is not responsible for the accuracy of such information.
Collector Chassis provides this service and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. Auction prices may not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, emission testing and Collector Chassis listing and auction fees.Please see fees
for a listing of Collector Chassis fees. Information about a particular vehicle is supplied by the Seller, not by Collector Chassis. The price and other terms of any sale are arranged after negotiation between the Buyer and the Seller. Collector Chassis is not responsible for incorrect information given by Buyers or Sellers, including information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles. Unaffiliated third-partyVehicle History reports are provided for informational purposes only by the seller and Collector Chassis is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective Buyers/Sellers/Collectors, we urge you to take the same precautions you would take if you were purchasing/selling a vehicle through a classified ad in the newspaper or trade magazine. Pre-purchase inspections are the responsibility of the Buyer.
COLLECTOR CHASSIS MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR AUCTION ON OUR SITE. VEHICLE SALES ARE BETWEEN THE AND THESELLER ONLY. COLLECTOR CHASSIS DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. In addition, as a seller you represent and warrant: (a) that all information submitted to Collector Chassis about a particular vehicle and your contact information are accurate and true. (b) you provide accurate and true information that you are either the owner or a third party selling the vehicle on behalf of the owner, (c) that all relevant vehicle information is included in the listing submission, (d) that you are prepared to sell the listed vehicle at the auction price, and (e) that you have possession of the actual vehicle listed and the proper authority to transfer title. All applications for credit and/or lending arrangements are through oneor more unaffiliated third-party providers over whom Collector Chassis has no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. Collector Chassis is not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement.
In connection with the Services, Seller agrees to provide to Collector Chassis a reserve amount indicating the minimum price at which the Seller will make a sale of the applicable vehicle (the “Reserve”) prior to Collector Chassis publication of the Seller’s listing (the “Publication”)
The auction will begin at a date and time to be determined by Collector Chassisand will last for a period of at leastseven to fourteen(7-14) days but may be longer or shorter as determined by Collector Chassis.Collector Chassisshall notify Seller once the Auction begins.Seller may reduce or waive the Reserve during the auction by notifying Collector Chassis in writing before the end of the auction.
If all bids received with respect to the vehicle during the initial auction period are below the Reserve Price, the vehicle will be placed in BUY NOW status until it is sold.Prospective buyers will be able to place bids, make an anonymous offer, or BUY NOWat the published price. If the vehicle remains unsold after 60-days, the seller can remove the listing. Once the vehicle is sold or listing is removed, all contractual obligations between Seller and Collector Chassiswill end
When a prospective Buyer desires to make a bid on a vehicle, the prospective Buyer will be prompted to enter his or her credit card information to pay the applicable bidding fees (as hereinafter explained in Fees). After entering such information, the prospective Buyer will be able to make a bid. Once a bid has been made, an email notification confirming the bid will be sent to the prospective Buyer. After a bid has been submitted, it cannot be retracted, deleted or canceled for any reason whatsoever; therefore, Members should exercise caution when placing bids. In the event that a prospective Buyer’s bid is exceeded by another bid, an email notification will be sent to the prospective Buyer notifying him or her that the bid has been exceeded. The prospective Buyer will then be able to make a separate bid.
In connection with the Services, if Seller does not want a Reserve Auction, they can create a General Listing. Seller agrees to provide to Collector Chassis a BUY NOW amount indicating the buy now price at which the Seller will make a sale of the applicable vehicle (the “BUY NOW”) prior to Collector Chassis publication of the Seller’s listing (the “Publication”). The general listingwill begin at a date and time to be determined by Collector Chassisand will last until the vehicle is sold. Prospective buyers will be able to make offers or BUY NOW at the published price until vehicle is sold. If the vehicle remains unsold after 60-days, the seller can request to remove the listing by email: firstname.lastname@example.org.Once the vehicle is sold or listing is removed, all contractual obligations between Seller and Collector Chassiswill end.
In the event that Seller fails to make the Vehicle or Item available to Buyer, Buyer agrees and acknowledges that Collector Chassis will not be liable for such default by Seller. In such event, Seller shall be in default under this Agreement and shall be obligated to pay to Collector Chassis, as liquidated damages, an amount equal to the Seller’s Fee. The Buyer will receive a refund of the Buyer’s fee, less any administrative charge incurred by Collector Chassis in processing the refund.Seller also acknowledges that it may be additionally liable to Buyer. Buyer acknowledges that Buyer shall have no other claim against Collector Chassis with respect to the default by Seller.
If Buyer fails to comply with its obligations hereunder, including, but not limited to, failingto issue payment in full for the Vehicle or failing to pick up or arrange for delivery of the Vehicle or Item within an agreed upon delivery period, Buyer shall be in default under this Agreement and shall be obligated to pay to Collector Chassis, as liquidated damages, an amount equal to the Buyer’s Fee. Buyer also acknowledges that it may be additionally liable to Seller.Buyer and Collector Chassis agree and acknowledge that it would be difficult to ascertain the precise amount of damages incurred by Collector Chassis due to Buyer’s default and that the liquidated damages provided for herein are a reasonable estimate of those damages. Buyer hereby agrees and acknowledges that Collector Chassis is authorized to charge the full amount of the buyer fee tothe Buyers credit card on file.
- Fees. Certain aspects of the Service require fees paid to Collector Chassis, including with respect to the initial credit card hold for Sellers and Buyers in connection with a bid, certain Buyer’s and Seller’sfees, and Seller listing fee. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Company may add new services for additional fees and charges, add or amend fees and chargesfor existing services, at any time in its sole discretion. The prices listed by Sellers on Collector Chassis exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. All amounts listed on the website are in U.S. dollars.
- No Refunds. You may cancel your account at any time; however, there are no refunds for or in connection with cancellation; provided, that Seller’s fees may be refundable solely prior to a Seller’s listing being assembled. In the event that Collector Chassis suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund, including in any content or data associated with your account or for anything else.
- Payment Information; Taxes. You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by Collector Chassis with or of you or any third-party entity, person, product or service unless express written permission has been given by Collector Chassis in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes. Collector Chassis grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2020, Collector Chassis Corporation, All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by Collector Chassis; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror,frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, publicdisplay, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Collector Chassis. To request permission, you may contact Collector Chassis at:https://stripe.com/us/termsAll information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. In addition, you may be subject to additional terms of service as detailed by Stripe, or by any of its service providers.
You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by Collector Chassis with or of you or any third-party entity, person, product or service unless express written permission has been given by Collector Chassis in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
Collector Chassis grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2020, Collector Chassis Corporation, All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by Collector Chassis; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Collector Chassis. To request permission, you may contact Collector Chassis at: email@example.com
YOU AGREE TO INDEMNIFY COLLECTOR CHASSIS, Inc. AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, SUBCONTRACTORS AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS. COLLECTOR CHASSIS CORPORATION MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, AND COLLECTOR CHASSIS CORPORATION EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. COLLECTOR CHASSIS CORPORATION ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT COLLECTOR CHASSIS CORPORATION HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. COLLECTOR CHASSIS CORPORATION DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER COLLECTOR CHASSIS CORPORATION, ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LOSSES OR DAMAGES AS DISCUSSED IN THIS SECTION ARE THE RESULT OF OUR NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, COLLECTOR CHASSIS ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT.
The Site (excluding links to third-party sites) is owned and controlled by Collector Chassis, and operated by Collector Chassis from its offices in and around Port Washington, NY. Collector Chassis has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of New York and from each other. You and Collector Chassis both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and Collector Chassis explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the State of New York, without regard to its conflicts of law principles. You agree that all claims you may have against Collector Chassis arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned “Dispute Resolution –Mandatory Arbitration and Class Acton Waiver.” If you chose to access this Site from locations other than Port Washington, NY, you will be responsible for compliance with all local laws of such other jurisdiction.
No Class Action Matters
We each agree that we shall bring any Dispute, defined elsewhere, against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.
Except as specifically stated herein, any dispute or claim between you and Collector Chassis arising out of, or relating in any way to, the Terms and Conditions, the Site, content, our services as described inthe Terms, or your use of the Site or the Interactive Areas (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a claim qualifying for small claims court treatment over a Dispute in a small claims court in Nassau County, New York. By virtue of this Arbitration Agreement (defined below), you and Collector Chassis are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this “DISPUTE RESOLUTION –MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section). The provisions of this “DISPUTE RESOLUTION –MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall constitute your and Collector Chassis written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and Collector Chassis. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org
or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award. To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection 5 below of this DISPUTE RESOLUTION –MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section and submit the Dispute by utilizing the forms available at
and simultaneously sending a copy of the completed form to the following address: Attn:Director of Legal, Collector Chassis Corporation, 191 Main Street #220, Port Washington, NY 11050. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Port Washington, NY, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (provided that such county is in the continental United States of America).
If either of us wants to assert a Dispute against the other, theparty with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
Choice of Law and Forum; No Jury Trial
If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Nassau County, New York; (b) you and Collector Chassis agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of New York, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; (c) you and Collector Chassis irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; and (d) you and Collector Chassis agree to waive any right to a trial by jury.
If any part of this “DISPUTE RESOLUTION –MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION –MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Collector Chassis complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the email address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- Informationreasonably sufficient to permit Collector Chassis to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- 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 Collector Chassis to locate the material;
- A physical or electronic signature of the copyright owner or 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;
- A statement by you that you have 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 you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Designated Agent for notice of copyright infringement claims may be reached as follows: firstname.lastname@example.org
You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a request by law enforcement or another government agency, (b) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (c) technical or security issues, (d) our decision to discontinue or change all or part of the Site, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.
Collector Chassis may change, restrict access to, suspend, or discontinue any aspect of the CollectorChassis.com service or the Site at any time, including availability of any feature, database, or content. Collector Chassis may remove any news post from the Site if Collector Chassis determines, in its sole discretion, that the post may be false or fraudulent or malicious. Collector Chassis may also impose limits on certain features and services or restrict your access to all or parts of the CollectorChassis.com web site without notice or liability. Collector Chassis may exclude or remove vehicle auctions from the Site if Collector Chassis determines, in its sole discretion, that the seller is misrepresenting the vehicle ownership or price. Collector Chassisreserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to Collector Chassis attention and that Collector Chassis considers unacceptable or inappropriate, whether for legal or other reasons.
This agreement may not be assigned by you without the prior written consent of Collector Chassis. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. If any provisions of this agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Collector Chassis may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives.Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of Collector Chassis, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Collector Chassis shall have no liability for interruptions or omissions in Internet, network or hosting services. Collector Chassis has endeavored to create a secure and reliable Site,the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Collector Chassis is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume the sole and complete risk of using this Site.
These Terms represent the entire agreement between you and Collector Chassis with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Collector Chassis with respect to same. Any rights not expressly granted under this Agreement are reserved.