PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTIONS 21 AND 22, WHICH REQUIRE THAT DISPUTES, INCLUDING DISPUTES ARISING FROM INCIDENTS OR INTERACTIONS OCCURRING PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE BASIS, AS PROVIDED IN SECTION 21 OR 22. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 21 OR 22.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes.

YOU FURTHER AGREE THAT THE AMENDED TERMS SHALL APPLY RETROACTIVELY TO ALL INTERACTIONS BETWEEN US AND YOU GOING FORWARD. SUCH APPLICATION SHALL INCLUDE, BUT IS NOT LIMITED TO, APPLICATION OF THE AMENDMENTS IN SECTION 21 REGARDING CONSOLIDATION OF DISPUTES, WHICH SHALL APPLY TO ANY DISPUTE(S) ARISING PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS, WHETHER OR NOT NOTICE OF SUCH DISPUTE WAS PROVIDED, OR ARBITRATION WAS INITIATED, PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS. If you do not agree to the amended Terms, you must stop using our Services.

From time to time, Automart Central introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.

To contact Automart Central regarding the Services or your account, please visit the contact us page where we’ll ask for certain information that will allow us to effectively respond to your message. Alternatively, you can submit general inquiries regarding these Terms or our Services to support@automartcentral.com.

1. Privacy

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy. By agreeing to these Terms, you also acknowledge that you have been provided notice of our Privacy Policy.

2. Eligibility

You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. As a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

If you are registering to use the Automart Central Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.

If you use our Services on behalf of another person or entity: (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

Additionally, to use the Services, you must not: (a) have previously been suspended or removed from using the Automart Central Service, and (b) be violating any other agreement to which you are a party by agreeing to these Terms.

3. User Accounts and Account Security

You may need to register for an AutomartCentral account with Automart Central or a payment account with the AutomartCentral Payment Provider (see section 4(C) for more information) to access some or all of our Services. When registering for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You must also maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for an Automart Central account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim Automart Central account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.

4. The AutomartCentral Services

A. Posting Items, Buying, and Selling

AutomartCentral allows you to post items for sale by uploading pictures and providing item descriptions. Most items can be posted through the Services without charge. However, AutomartCentral may charge a fee for posting certain items, such as if you exceed your available free posts for certain types of items in specific categories. For more information on how and when fees are charged, please refer to the details below.

When a buyer and seller agree on a price for an item posted for sale on the Services, there are several options for completing the transaction. If agreed upon, items may be paid for in-person and outside of Automart Central, such as by cash, check, or other agreed-upon payment methods. The details of such a transaction and their payments are made directly between the buyer and the seller when they complete their transaction, pursuant to terms they determine. Automart Central is not a party to such transactions in any way, does not facilitate such transactions, and cannot assist with refunds or returns related to such transactions in any manner. Since Automart Central is not a party or involved in transactions of this nature, you acknowledge that we cannot be held liable for any claims that arise out of it.

B. 25% Fee for Post Setup Assistance

At AutoMartCentral, we are committed to providing exceptional support to our users, helping them maximize their sales potential on our platform. As part of this commitment, we offer a comprehensive post setup assistance service for those who need extra help creating and optimizing their listings. This service includes crafting engaging ad copy, selecting high-quality images, and ensuring that your post adheres to best practices for maximum visibility and engagement.

How It Works:

  1. Request Assistance: Users can request our post setup assistance service through their AutoMartCentral account dashboard or by contacting our support team.
  2. Professional Setup: Our team of experienced professionals will work with you to create a compelling and effective post. This includes writing detailed descriptions, selecting or editing photos, and optimizing keywords.
  3. Approval and Publishing: Once the post setup is complete, you will have the opportunity to review and approve the listing before it is published on AutoMartCentral.

Fee Structure:

  • Service Fee: For any sales initiated through posts that we have assisted in setting up, AutoMartCentral will charge a fee of 25% of the final sale price.
  • Deduction: This fee will be automatically deducted from the sale proceeds before they are disbursed to you.

Terms and Conditions:

  • Eligibility: The 25% fee applies only to posts that have been specifically set up or significantly modified by AutoMartCentral’s post setup assistance service.
  • Non-Refundable: The service fee is non-refundable once the sale is completed and the fee has been deducted.
  • Transparency: All fees and deductions will be clearly itemized in your account transactions for full transparency.

By utilizing our post setup assistance service, you agree to these terms and the associated fee. This service is designed to enhance the quality of your listings, increase their appeal to potential buyers, and ultimately help you achieve successful sales.

For more information or to request post setup assistance, please visit your account dashboard or contact our support team.

Terms of Service

Shipping Service Use

You agree not to use the Automartcentram.com shipping service in a manner that violates the law and/or United States Postal Service regulations, including but not limited to U.S. Postal Service Publication 52, in any way. Without limiting the foregoing, you may not ship any item that contains weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. Anyone who ships a prohibited, illegal, or improperly packaged or labeled material is subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.

Payment Accounts

If you choose to make or accept payment for shipping items using the Automartcentram.com Payment Solution, you agree to pay the relevant service fees. Automartcentram.com reserves the right to change the service fees from time to time.

Making or accepting payment using the Automartcentram.com Payment Solution requires you to maintain an account with Automartcentram.com’s then-current payment processor for the Automartcentram.com Payment Solution (“Payment Provider”). Automartcentram.com currently uses Stripe, Inc. (“Stripe”), a payment processing service, as its Payment Provider. If you wish to use this feature, you must enroll for the service through Stripe. By providing your credit card or deposit account information, you are entering into an agreement with Stripe and agree to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). Automartcentram.com is not a party to the Stripe Services Agreement and is not responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the Automartcentram.com Payment Solution, you authorize Stripe to share your payment method information with an

Payment Provider Approval

The Payment Provider must accept your application to use the Automartcentram.com Payment Solution before you can receive sales proceeds via the Automartcentram.com Payment Solution. If the Payment Provider rejects your application or you fail to set up a Payment Provider account within 90 days after completion of a sale processed through the Automartcentram.com Payment Solution, then the Payment Provider may disable or limit your ability to receive sales proceeds via the Automartcentram.com Payment Solution.

Your right and/or ability to receive sales proceeds via the Automartcentram.com Payment Solution may be revoked, disabled, or limited if the purchase or sale violates any of these terms, including the prohibited items guidelines referenced in Section 7.

Release of Payment

The buyer’s payment, minus any applicable Automartcentram.com fee, will be released to the seller typically 3-5 business days after the purchased item has been delivered to the buyer, provided that no claims are made by the buyer under the Purchase Protection Policies. Purchase Protection claims may result in delay and/or cancellation of payment being released to the seller. Sellers authorize the Payment Provider to pay Automartcentram.com from the seller’s account any fees incurred by the seller from using the Services.

Taxes

You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Services.

Automartcentram.com will collect applicable sales tax if we determine that we have a duty to collect sales tax in a given state. Automartcentram.com maintains a list of the states where it collects sales tax. If you are in a state where Automartcentram.com does not collect sales tax on your behalf, you are required to collect all applicable sales taxes for sales made through the Automartcentram.com Services.

Automartcentram.com may need to report your earnings from Automartcentram.com transactions to the Internal Revenue Service if you hit certain thresholds of activity on the Automartcentram.com Platform. If Automartcentram.com determines that it is necessary to report your earnings, our Payment Provider will ask you for personal information, such as your social security number, in order to complete tax form 1099-K. If you do not provide this information when requested, our Payment Provider may block payments to your bank account until they receive the necessary information.

Paid Services & Subscriptions

a. General
While using Automartcentram.com is generally free, some products or services may be available for a fee (the “Paid Services”). Paid Services include, but are not limited to, the following: (i) the ability to pay for more or certain types of item posts within the Automartcentram.com marketplace, (ii) the ability to promote your posted item more prominently in the Services, (iii) the ability to purchase certain enhanced account features, (iv) the ability to post a Job, or (v) other services or features Automartcentram.com may develop. Unless otherwise noted, Paid Services are charged, billed, and managed through your applicable Apple App Store or Google Play Store platform (each a “Platform”). Some Paid Services are one-time payments and some Paid Services are subscriptions that will renew according to the terms identified at the time of purchase.

b. Subscriptions
Paid Services that include a specific number of posts, promotions, or Services a month or a year, and that renew either monthly or yearly, are subscriptions (a “Subscription”). The renewal period is based on the Subscription you select and the frequency of renewal will be clearly identified at the time of purchase. After you purchase a Subscription, your Platform will automatically charge you the fee for the first time period and the Platform’s payment terms will apply (please review your Platform’s payment and subscription terms for additional information on how their processes are managed). Unless otherwise stated, a Subscription will automatically renew and continue for the same price, Paid Service, and term length until you or the Platform cancel your Subscription, or Automartcentram.com no longer offers the Subscription.

c. Cancellation
There is no obligation to continue a Subscription and you can cancel at any time prior to the end of the renewal of the current Subscription period. To cancel a Subscription, locate the cancel settings in your Platform at least 24 hours prior to the end of the current period. If you don’t cancel within 24 hours before the end of the current period, payment for the next renewal period’s subscription fees will be automatically charged through your Platform’s payment method and you will have renewed for another renewal term; your Subscription will be canceled after the additional renewal term. For more information on how to manage subscriptions purchased through Automartcentram.com, you can review this help article.

d. Free-trial
If you enroll in a free-trial for a Paid Service, you will automatically be charged at the end of the trial period unless you cancel at least 24 hours before the end of the trial period through your Platform account.

e. One-time purchase
If you purchase a one-time Paid Service that is not a Subscription, you will be charged once, and the Paid Service purchased will not auto-renew. You may repurchase again at any time.

f. Agreement to Terms
BY PURCHASING A SUBSCRIPTION OF ANY KIND ON AUTOMARTCENTRAM.COM, YOU ACKNOWLEDGE YOU HAVE READ AND AGREE TO THESE TERMS, YOUR PLATFORM TERMS, AND UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU TAKE ACTIONS TO CANCEL.

User Content

Our Services allow you and other users to create, post, store, and share content, including but not limited to messages, text, photos, graphics, videos, software, code, company logos or marks, job descriptions, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Automartcentram.com.

You grant Automartcentram.com a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user’s name, likeness, or identity in connection with the Automartcentram.com Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Automartcentram.com uses third parties to provide services such as user verification and the Automartcentram.com Payment Solution. When you provide User Content in connection with these third-party tools, you may be sharing User Content with these third parties.

You may not create, post, store, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Automartcentram.com Services any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, or inflammatory;
  • Is fraudulent, misleading, or false, may encourage deceptive activity, or would otherwise constitute duplicitous behavior;
  • Is, in Automartcentram.com’s judgment, disrespectful, inappropriate, or may expose Automartcentram.com, our users, or others to harm or liability;
  • May infringe the patent, trademark, trade secret, copyright, intellectual, privacy, or proprietary right of any party;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national, or international law;
  • Includes any statements or claims that do not reflect your honest views and experiences;
  • Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
  • Contains any private information of any third parties, including addresses, phone numbers, and payment card information; or
  • Contains viruses, corrupted data, or other harmful, disruptive, or destructive files.

Automartcentram.com assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Automartcentram.com has no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the foregoing, you will not:

  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
  • Visit our website or use our Services with the intention, in whole or in part, of establishing a basis for asserting a lawsuit or claim in arbitration against us;
  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Attempt to induce any user into buy-sell correspondence outside of the Automartcentram.com Platform;
  • Sell, resell, or commercially use the Automartcentram.com Services except as expressly permitted by us;
  • Sell, offer, or solicit anything that violates our Prohibited Items Guidelines;
  • Sell, offer, or post items or content that is fraudulent, misleading, or deceptive;
  • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Provide false, inaccurate, or misleading information to Automartcentram.com or our service providers, including when registering for an Automartcentram.com account, applying for verification badges, or using the Automartcentram.com Payment Solution;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Use, or attempt to use, any form of gift certificate or cryptocurrency as payment for any item posted or offered on the Automartcentram.com Platform;
  • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;
  • Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Develop or use any third-party applications that interact with the Automartcentram.com Services without Automartcentram.com’s prior written consent;
  • Intentionally attempting to bypass any access restrictions established by Automartcentram.com, such as after reaching a posting limit;
  • Use any type of automated means to utilize the Automartcentram.com Services or to collect or extract data from Automartcentram.com, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by Automartcentram.com;
  • Use the Automartcentram.com Services to infringe or violate the intellectual property rights or any other rights of anyone else (including Automartcentram.com).

You will establish and use your Automartcentram.com account only in accordance with any guidelines issued by Automartcentram.com. Without limiting the foregoing, you will not:

  • Create more than one account;
  • Transfer your account to another user;
  • Attempt to obtain the password, account information, or other security information of another user; or
  • Attempt to use another user’s account without authorization from that user and Automartcentram.com.

If you engage in any of the conduct described above or similar conduct, Automartcentram.com may suspend or terminate your right to access the Services. Enforcement of this section is solely at Automartcentram.com’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Ownership of Services

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Automartcentram.com or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license (“License”) to access and use our Services.

Suspension; Termination

Automartcentram.com may revoke or terminate your License to access or use the Automartcentram.com Services for any reason without notice at Automartcentram.com’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Automartcentram.com Services, or any other Automartcentram.com product or service, or (iii) use the Automartcentram.com Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Automartcentram.com Services immediately if Automartcentram.com suspends or terminates your License to access or use the Automartcentram.com Services. Automartcentram.com reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Automartcentram.com Services during suspension or after termination. Automartcentram.com may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Automartcentram.com Services is suspended and after it is terminated.

Trademarks

Automartcentram.com, automartcentram.com, Buy.Sell.Simple., the “Tag” logo, and the “O” logo, are registered trademarks of Automartcentram.com Inc. and may not be copied, imitated, or used, in whole or in part, without our express prior written permission. In addition, our products or service names, slogans, the look and feel of our websites and app, including all page headers, custom graphics, button icons, and scripts, are our service marks, trademarks, and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our express prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Automartcentram.com Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Automartcentram.com or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Automartcentram.com Services by using the Feedback at Automartcentram.com’s sole discretion. You understand that Automartcentram.com may treat Feedback as nonconfidential.

Copyright & Intellectual Property Complaints

You may report alleged intellectual property rights violations or counterfeit items to Automartcentram.com through our Intellectual Property Report Form.

Furthermore, in accordance with applicable law, including the Digital Millennium Copyright Act, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Automartcentram.com’s designated agent as follows:

Third Party Content

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Automartcentram.com does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Automartcentram.com and our subsidiaries and affiliates and our officers, directors, agents, partners, and employees (individually and collectively, the “Automartcentram.com Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the Automartcentram.com Parties of any third-party Claims, cooperate with the Automartcentram.com Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Automartcentram.com Parties will have control of the defense or settlement, at Automartcentram.com’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Automartcentram.com or the other Automartcentram.com Parties.

Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Automartcentram.com does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Limitation of Liability

To the fullest extent permitted by applicable law, Automartcentram.com and the other Automartcentram.com Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Automartcentram.com or the other Automartcentram.com Parties have been advised of the possibility of such damages.

The total liability of Automartcentram.com and the other Automartcentram.com Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to Automartcentram.com in the 12 months preceding the event that gave rise to the claim.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Automartcentram.com or the other Automartcentram.com Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Assumption of Risk

A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES (OTHER THAN IN CONNECTION WITH THE TRUYOU FEATURE DESCRIBED IN SECTION 5). YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH AUTOMARTCENTRAM.COM’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).

B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, AUTOMARTCENTRAM.COM DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS, AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN SECTIONS 15-18 OF THESE TERMS.

Release

To the fullest extent permitted by applicable law, you release Automartcentram.com and the other Automartcentram.com Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users, job applicants, and job posters, and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

Guidelines for Law Enforcement Agencies

If you are a law enforcement agency, we may work with you to assist in ongoing matters related to alleged violations of the law. Please visit this page for more information.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Automartcentram.com and limits the manner in which you can seek relief from us unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions

You and Automartcentram.com agree that any past, present, or future dispute arising out of or related to these Terms or our Services is personal to you and Automartcentram.com, and that any dispute will not be brought as a class arbitration, class action, or any other type of representative proceeding. The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against Automartcentram.com related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.

Arbitration of Disputes

Except for small claims disputes in which you or Automartcentram.com seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Automartcentram.com seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Automartcentram.com waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any past, present, or future dispute or claim that you have against Automartcentram.com or relating in any way to the Services, you agree to first contact Automartcentram.com and attempt to resolve the claim informally by sending a written notice of your claim.

Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

The failure of Automartcentram.com to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Automartcentram.com is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of Automartcentram.com.

Supplemental Terms

The following supplemental terms and conditions (“Supplemental Terms”) are incorporated into these Terms and apply to any use by you of the following Services provided by Automartcentram.com:

Last updated: May 18, 2024