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These Terms govern your use of the AuctionWarriors Service, including Max Bids, payments, transportation, account conduct, dispute resolution, and transaction responsibilities.
Last Updated: February 22, 2026
AuctionWarriors (“AuctionWarriors,” “we,” “us,” or “our”) operates a vehicle purchasing and resale platform. AuctionWarriors is not an auction house and does not sell vehicles on behalf of an auction house to you. Instead, when you use our Service, you are transacting with AuctionWarriors.
You may browse certain areas of the Service without an account. To submit a Max Bid or access member-only features, you must register and maintain an account. By creating an account, submitting a Max Bid, making a payment, or otherwise using the Service, you agree to be bound by these Terms.
AuctionWarriors (or one of our affiliates, partners, or licensed dealer relationships) may attempt to acquire vehicles from third-party sources (including auction houses and suppliers) and, if successful, resell and/or transfer the vehicle to you under AuctionWarriors’ terms and documentation. Any vehicle acquisition is subject to source availability, source rules, seller decisions, errors, approvals, and other conditions outside AuctionWarriors’ control. You acknowledge that third-party sources may cancel, reject, reschedule, delay, or otherwise change a vehicle’s availability or terms, and AuctionWarriors is not responsible for those third-party decisions.
You have no relationship with, and may not contact or communicate with, any third-party source, auction, seller, yard, transporter, or partner on behalf of AuctionWarriors. You may not claim to represent AuctionWarriors, our affiliates, or our partners for any purpose. Any such attempt is a material breach of these Terms and may result in immediate termination of your account, cancellation of transactions, and liability for any losses, fees, costs, or damages caused by your conduct.
AuctionWarriors may use affiliates, partners, and licensed dealers to acquire, hold, transfer, assign, and/or deliver vehicles and related documentation without additional notice to you. Your agreement remains with AuctionWarriors regardless of whether an affiliate or partner appears on upstream paperwork.
On AuctionWarriors, members submit a “Max Bid,” which is the maximum amount you authorize AuctionWarriors to bid for a specific vehicle through our sourcing process. Your Max Bid is a binding commitment the moment you submit it. You may not cancel, retract, reduce, or otherwise revoke a Max Bid for any reason, including mistake, change of mind, inability to pay, or changes in your personal circumstances.
AuctionWarriors may place bids up to your Max Bid using automated and/or manual processes and may do so in incremental steps rather than submitting your maximum amount immediately. Your Max Bid (and/or bids placed up to your Max Bid) may be reflected in source-facing systems and may appear in bidding or auction history depending on the source and auction format. However, submitting a Max Bid does not necessarily increase the source’s visible “highest bid” immediately, and bid progression may occur over time, in stages, or with delays.
If AuctionWarriors is able to acquire the vehicle, you are obligated to purchase the vehicle from AuctionWarriors at the “Winning Bid” (the amount AuctionWarriors secures to acquire the vehicle), plus all applicable fees, charges, and taxes.
If more than one member submits a Max Bid for the same vehicle, only one member may be awarded the vehicle. AuctionWarriors will determine the award winner based on AuctionWarriors’ internal rules and records, which may include the highest Max Bid and other factors such as timing, account standing, verification status, fraud risk, compliance requirements, and payment reliability. AuctionWarriors may also decline to proceed with an award if we reasonably determine there is fraud, misuse, misrepresentation, compliance risk, payment risk, or other risk to AuctionWarriors, our partners, or the sourcing process.
Any information shown in the Service about auction status, bid status, bid/auction history, price movements, current/highest bid, “Winning/Outbid” indicators, countdowns, or similar data is provided for convenience only and may be delayed, incomplete, out of date, estimated, or inaccurate. AuctionWarriors does not represent that any such information is live or real-time. You acknowledge that AuctionWarriors relies on third-party data, technology systems, and network communications that can fail, lag, or produce inconsistent results, and you agree that you will not rely on the Service’s displayed status or history as a guarantee of bid position, timing, availability, or outcome.
All fees, charges, and penalties that AuctionWarriors assesses or displays in the Service, on invoices, on the Fees page, or in any other AuctionWarriors communication are charged by AuctionWarriors in connection with your use of the Service and your transactions with AuctionWarriors. You do not have a customer relationship with any auction, supplier, or seller for purposes of your purchase through AuctionWarriors, and any references to third-party fee categories, labels, or line items are provided for convenience and/or calculation.
You may separately choose to pay third parties for services related to your vehicle (for example, self-arranged transportation, insurance, inspections, export services, storage arranged outside AuctionWarriors, registration or title services, or government fees). Those third-party services are outside AuctionWarriors’ control, and any payments you make to third parties are solely between you and the third party.
AuctionWarriors’ fees are generally determined by the Winning Bid amount (the amount AuctionWarriors secures to acquire the vehicle), your pricing tier, and the applicable fee schedule. AuctionWarriors maintains a Fee Schedule on the Service (including the Fees page), which is incorporated into these Terms by reference. AuctionWarriors may update the Fee Schedule from time to time. Unless AuctionWarriors states otherwise, updates apply prospectively to Max Bids submitted after the updated Fee Schedule becomes effective and do not retroactively change fees for vehicles already awarded under a prior schedule.
AuctionWarriors may offer different pricing tiers (for example, standard pricing and high-volume pricing). Pricing tiers may be determined automatically based on AuctionWarriors’ internal records of completed wins/purchases on your account and may also be granted, adjusted, restricted, or revoked at AuctionWarriors’ discretion (including in cases of fraud, misuse, misrepresentation, payment risk, or compliance concerns). AuctionWarriors’ tier determinations and internal records control for purposes of calculating fees and applying the Fee Schedule.
Fees and penalties may become due based on the status of a vehicle award and your actions (or failure to act). You may owe AuctionWarriors fees and/or penalties even if a purchase is not completed, including if you fail to pay on time, fail to complete required steps, or otherwise breach these Terms, and AuctionWarriors may assess late payment charges, storage charges, relisting charges, administrative charges, and other amounts described in the Fee Schedule, invoice, or Service.
Payment in full (including the sale price and all applicable fees, charges, and penalties) is due by the deadline displayed in the Service and/or on your invoice. Payment is considered made only when AuctionWarriors receives and successfully processes the funds in cleared form (for example, when a card charge is approved and captured, or when a wire/ACH settles and is credited), not when you initiate, send, or transmit payment. AuctionWarriors may use third-party payment processors and service providers (such as Stripe and banking partners) to process payments, and you authorize AuctionWarriors and its processors to process payments in accordance with these Terms.
If you fail to pay amounts due by the applicable deadline, AuctionWarriors may pursue any remedies available under these Terms, including assessing additional fees and penalties, applying amounts you owe against any account balances or deposits as permitted, suspending or terminating your account, canceling transactions, restricting bidding, and pursuing collection.
AuctionWarriors may accept payments through the Service and through other approved channels. AuctionWarriors may use third-party processors, banks, and service providers to process payments. You are responsible for ensuring that any payment you initiate includes sufficient identifying information and instructions for AuctionWarriors to properly apply it.
Payment is considered made only when AuctionWarriors receives the funds in cleared form and successfully processes the payment (for example, when a card charge is approved and captured, or when a wire/ACH settles and is credited), not when you initiate, send, or transmit payment. AuctionWarriors is not responsible for delays caused by banks, payment networks, processors, or third-party services.
AuctionWarriors may maintain an internal account ledger reflecting amounts you have paid to AuctionWarriors that have not yet been applied to a specific invoice, vehicle, fee, or other obligation (“Account Credit”). Account Credit is not a bank account, stored-value account, or money transmission product. It does not accrue interest, is not transferable, and may only be used to pay amounts owed to AuctionWarriors under these Terms. Account Credit may arise from advance payments you choose to make, overpayments, canceled acquisitions, adjustments, refunds that are converted to credit, or other circumstances determined by AuctionWarriors.
AuctionWarriors may apply Account Credit to any amounts you owe to AuctionWarriors, including unpaid balances, fees, penalties, storage, relisting charges, chargeback-related costs, or other amounts due under these Terms. If you submit a payment without clear instructions or sufficient information, AuctionWarriors may apply it in the manner AuctionWarriors determines appropriate, and AuctionWarriors may decline to re-allocate or re-apply such payment.
AuctionWarriors may require or accept a refundable security deposit (“Refundable Deposit”) to increase or support your ability to bid or purchase through the Service (including to determine or increase your “Bidding Power”). A Refundable Deposit is a security deposit held by AuctionWarriors to secure your obligations under these Terms. A Refundable Deposit does not accrue interest, is not transferable, and is not a bank account or stored-value product. Refundable Deposits may not be funded using Account Credit unless AuctionWarriors expressly authorizes otherwise.
AuctionWarriors may apply (set off) all or any portion of your Refundable Deposit to satisfy any amounts you owe to AuctionWarriors, including unpaid purchase balances, fees, penalties, chargebacks, reversals, disputes, administrative costs, storage, relisting charges, third-party costs incurred because of your transaction or breach, and other amounts due under these Terms. Applying a Refundable Deposit does not limit your responsibility for amounts owed; if your obligations exceed your Refundable Deposit, you remain responsible for the remaining balance.
To request a refund of Account Credit and/or a Refundable Deposit, you must email refunds@auctionwarriors.com from the email address associated with your account (or another method expressly approved by AuctionWarriors). Once a valid refund request is received and all applicable holds are cleared, AuctionWarriors will initiate the refund within a commercially reasonable time, generally within a stated number of business days. Receipt timing depends on banks, processors, and payment networks and is outside AuctionWarriors’ control. Refunds will be issued to the same payment method and payer when possible. If that is not possible or if AuctionWarriors determines verification is necessary, AuctionWarriors may require identity verification and may approve an alternative refund method in its discretion, provided the recipient is the same account holder or authorized payer.
AuctionWarriors may extend refund timelines or place holds on Account Credit and/or Refundable Deposits for fraud investigation, identity verification, compliance review, chargeback/dispute risk, payment reversals, suspected misrepresentation, legal requests, or other risk-management purposes. AuctionWarriors may also refuse, reverse, or return payments that cannot be verified or that violate these Terms.
Payments must be made by the account holder or an authorized payer approved by AuctionWarriors. AuctionWarriors may reject, return, hold, or refuse to apply any payment received from an unverified third party or from a name/entity that does not match the account. AuctionWarriors may require documentation and verification before accepting, applying, or refunding such payments.
If AuctionWarriors receives a wire transfer, ACH, or other payment without sufficient identifying information or without adequate instructions to apply the payment, AuctionWarriors may treat the payment as unidentified, place a hold, and make reasonable efforts to contact you for verification. AuctionWarriors may continue holding the funds until verification is completed or until AuctionWarriors is legally permitted to return, reverse, or reject the funds (if return is possible). AuctionWarriors is not responsible for penalties, fees, or delays resulting from missing information, incorrect instructions, or unidentified payments.
All vehicles offered through AuctionWarriors are provided AS IS, WHERE IS, WITH ALL FAULTS, and without any warranty, guarantee, or representation of any kind, whether express or implied. To the maximum extent permitted by law, AuctionWarriors disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and any warranties arising from course of dealing or usage of trade.
Vehicle descriptions, VIN information, odometer readings, photos, condition reports, announcements, title branding, keys/run-drive indicators, damage descriptions, prior use, and any other listing or auction information displayed in the Service are obtained from third-party sources and systems and are provided to the best of AuctionWarriors’ ability as a convenience. Such information may be incomplete, delayed, out of date, estimated, incorrect, or changed at any time by the source, seller, or other third party. AuctionWarriors does not verify and does not guarantee the accuracy or completeness of any listing or source information and is not responsible for errors, omissions, delays, or changes in such information.
You are solely responsible for conducting your own due diligence before submitting a Max Bid, including reviewing all available information, obtaining inspections where available, verifying the vehicle’s condition and features, verifying title status and branding, and determining whether the vehicle is eligible for registration, road use, inspection, emissions compliance, export/import, or any other intended use in your jurisdiction. You acknowledge that vehicles sourced through auctions and similar channels may have unknown defects, may have been damaged, repaired, modified, or improperly represented, and may not be roadworthy or legally registrable.
AuctionWarriors’ delivery of any documents it receives (including reassignment/transfer paperwork, bills of sale, or related documents) is limited to what AuctionWarriors receives from the source and what AuctionWarriors is able to provide through its normal process. AuctionWarriors does not guarantee that any document will be available by a particular date, will satisfy any particular state or country requirement, or will be sufficient for registration, export, import, financing, or insurance.
No statement or information provided by AuctionWarriors, whether in the Service, by phone, by chat, by email, or otherwise, creates any warranty or binding representation unless expressly stated in a written agreement signed by AuctionWarriors.
You are solely responsible for determining, before submitting a Max Bid, whether a vehicle is eligible to be titled, registered, inspected, insured, exported, imported, or otherwise legally used for your intended purpose in your jurisdiction. AuctionWarriors does not provide legal, tax, or regulatory advice and makes no representation that any vehicle will be eligible for registration, road use, emissions compliance, safety inspection, export, import, or financing.
You are solely responsible for all taxes, registration fees, title fees, duties, tariffs, customs charges, government fees, penalties, and compliance costs related to your purchase, ownership, use, export, import, and registration of a vehicle, regardless of whether such amounts are payable directly to a government agency or through AuctionWarriors as a collection or convenience service. If AuctionWarriors collects any taxes or fees, you authorize AuctionWarriors to collect and remit those amounts as applicable; however, AuctionWarriors does not guarantee the accuracy of tax calculations or the outcome of any registration or compliance process, and you remain responsible for any underpayment, penalties, interest, or additional amounts assessed.
AuctionWarriors may provide you with documents it receives from a third-party source and documents AuctionWarriors generates in connection with your purchase (such as a bill of sale or reassignment/transfer paperwork). You acknowledge that third-party sources and government agencies may impose additional requirements, may reject paperwork, or may require corrections or additional documentation. AuctionWarriors is not responsible for delays or failures caused by third-party sources, title agencies, DMVs, customs authorities, or other governmental entities.
You agree to comply with all applicable laws and regulations related to your purchase and use of the Service and any vehicle obtained through the Service, including sanctions and export-control laws and any restrictions applicable to your jurisdiction or destination country. AuctionWarriors may refuse service, cancel transactions, suspend accounts, or require additional verification if AuctionWarriors determines that a transaction may violate applicable laws, present compliance risk, or involve prohibited destinations, parties, or uses.
AuctionWarriors maintains a hard-set transportation and yard-removal policy for all awarded vehicles. Transportation is treated as part of the standard post-award process unless you properly select and maintain a self-transport arrangement through the Service. AuctionWarriors does not promise same-day pickup and does not guarantee pickup or delivery times.
If you do not select self-transport in the Service, you authorize AuctionWarriors to quote and add transportation charges to your purchase and to arrange transportation after you pay the transportation charges as required by AuctionWarriors. AuctionWarriors will schedule pickup and delivery within a commercially reasonable time based on carrier availability, yard appointment rules, vehicle condition, required equipment, and operational constraints. You acknowledge that paying transportation promptly helps reduce the time the vehicle remains in the yard, but AuctionWarriors does not guarantee immediate pickup after payment.
If you select self-transport, the vehicle will remain in the yard until your transporter picks it up. AuctionWarriors will provide release/pickup information to your designated transporter once the vehicle is eligible for release under AuctionWarriors’ process and the source’s requirements. You are solely responsible for managing your transporter, scheduling pickup, complying with appointment rules, meeting cutoff times, and following the yard’s procedures and instructions to retrieve the vehicle.
Whether you choose AW-arranged transportation or self-transport, you are responsible for all storage charges, late pickup fees, yard fees, and any other amounts that accrue while the vehicle remains at the source yard. Storage and yard charges may accrue daily until the vehicle is released and removed from the yard. AuctionWarriors will display the vehicle’s release status and/or release date in the purchase area of the Service when available; however, you remain responsible for charges regardless of when such information is displayed or updated.
A vehicle may not be released from the yard unless all required amounts are paid in full and other release requirements are satisfied. AuctionWarriors and/or the source may hold, delay, or refuse release if you have not fully paid your balance, if there are payment reversals or disputes, if compliance or fraud checks are pending, or if the source imposes additional requirements. Any resulting storage charges, rescheduling charges, and related costs are your responsibility.
You and your transporter are not authorized to contact the auction, yard, supplier, seller, or any related party to make payments, negotiate, obtain release, or act on behalf of AuctionWarriors. All amounts owed in connection with your purchase (including sale price, fees, transportation, storage, and penalties) must be paid to AuctionWarriors, and AuctionWarriors will make any required payments to third parties through its process. If you or your transporter attempts to pay a source directly, you acknowledge that such payments may not be recoverable, may not be credited to your AuctionWarriors account, and may not result in a refund from AuctionWarriors.
If AuctionWarriors arranges transportation, delivery may be made to a delivery address and recipient you designate in the Service. You are responsible for ensuring the address and recipient are authorized and trustworthy. Third-party carriers are independent contractors. To the maximum extent permitted by law, AuctionWarriors is not responsible for carrier acts or omissions, including theft, loss, damage, delay, misdelivery, unlicensed operation, or disputes. Any claims must be pursued against the responsible carrier and/or applicable insurance.
If you elect to personally retrieve the vehicle from the source yard, or if your designated transporter is not a licensed, bonded, insured, and properly equipped commercial vehicle transporter as required by the source, the source may refuse release of the vehicle. AuctionWarriors has no control over and is not responsible for any such refusal.
Source yards are active commercial environments that may include heavy equipment, forklifts, moving vehicles, loading machinery, restricted areas, and hazardous conditions. By entering a source yard (personally or through your designated transporter), you and your transporter acknowledge and accept all risks associated with entry and vehicle retrieval, including but not limited to bodily injury, property damage, disability, or death.
You and your transporter must strictly comply with all source yard rules, safety requirements, equipment requirements, identification requirements, appointment procedures, loading policies, and any instructions issued by yard personnel. Failure to comply may result in refusal of release, removal from the premises, additional fees, storage charges, or permanent restriction from the facility.
To the maximum extent permitted by law, AuctionWarriors is not responsible or liable for any injuries, losses, damages, delays, refusals of release, penalties, or other consequences arising from personal pickup, transporter noncompliance, unsafe conduct, or violation of yard rules.
You are responsible for paying all amounts due to AuctionWarriors on time, including the sale price, fees, transportation charges (if applicable), storage, penalties, and any other amounts assessed under these Terms, the Fee Schedule, or your invoice. If you fail to pay any amount when due, fail to complete required steps, fail to provide required information, or otherwise breach these Terms, AuctionWarriors may take any action it determines necessary to protect AuctionWarriors, its partners, and the sourcing process.
Failure to pay in full by the applicable deadline is a default. In the event of default, AuctionWarriors may, without further notice and to the maximum extent permitted by law: (a) suspend your account and bidding privileges; (b) cancel any pending awards or transactions; (c) decline to release the vehicle; (d) impose, assess, and continue to accrue late fees, storage fees, relisting fees, and other penalties; (e) restrict your ability to submit Max Bids; (f) require additional verification, additional deposit, or specific payment methods; and/or (g) terminate your account.
If you default, AuctionWarriors may attempt to mitigate losses by canceling, relisting, rescheduling, or otherwise disposing of the vehicle through a source process or other method permitted to AuctionWarriors. AuctionWarriors is not obligated to mitigate in any particular way, and any mitigation efforts do not waive AuctionWarriors’ right to recover amounts you owe. You remain responsible for all costs, fees, penalties, and losses associated with your default, including any difference between the amount owed and any amount recovered through relisting or disposal, as well as third-party fees, yard fees, storage, transportation cancellation costs, administrative costs, and collection costs.
AuctionWarriors may apply any Account Credit and may apply (set off) all or any portion of your Refundable Deposit toward amounts you owe, including unpaid balances, fees, penalties, chargebacks, reversals, disputes, administrative costs, storage, relisting fees, and third-party costs incurred because of your transaction or breach. Applying a deposit does not limit your responsibility; if amounts owed exceed your deposit and credits, you remain responsible for the remaining balance.
AuctionWarriors may pursue collection of any unpaid amounts, including through third-party collection agencies or legal proceedings, and you agree to pay AuctionWarriors’ reasonable costs of collection to the extent permitted by law, including administrative costs, third-party collection fees, and attorneys’ fees where recoverable. AuctionWarriors may report non-payment, suspected fraud, or misuse to relevant parties, including payment processors, service providers, and law enforcement, as permitted by law.
AuctionWarriors may refuse service, cancel transactions, deny release information, or impose additional requirements if AuctionWarriors reasonably determines there is fraud, misuse, misrepresentation, payment risk, compliance risk, or other risk to AuctionWarriors, its partners, or the sourcing process. AuctionWarriors may also terminate accounts and cancel transactions if you contact or attempt to contact any source, yard, auction, seller, transporter, or partner on behalf of AuctionWarriors, claim to represent AuctionWarriors or its partners, attempt to bypass the Service’s payment process, or otherwise interfere with AuctionWarriors’ operations.
If you initiate a chargeback, payment reversal, or dispute, AuctionWarriors may treat it as a default or risk event and may immediately suspend your account, place holds on refunds, deny release, and pursue recovery of amounts owed. You remain responsible for any chargeback fees, reversal fees, dispute fees, and related costs incurred by AuctionWarriors.
AuctionWarriors may suspend, restrict, or terminate your account, access to the Service, bidding privileges, and/or any pending transactions at any time if AuctionWarriors determines, in its sole discretion, that you have violated these Terms, created risk for AuctionWarriors or its partners, engaged in misuse, or that suspension is necessary for security, compliance, operational integrity, or risk management. Suspension or termination may be immediate and without prior notice where permitted by law.
You agree that you will not, and will not attempt to, directly or indirectly:
AuctionWarriors may take any action it deems appropriate in response to prohibited conduct, including suspending or terminating your account, canceling transactions, denying release information, imposing holds, restricting payment methods, voiding tier benefits, applying deposits/credits to amounts owed, and pursuing damages and recovery of losses and costs caused by your conduct to the maximum extent permitted by law.
Termination does not relieve you of any obligations incurred before termination, including payment obligations, fees, penalties, storage, relisting charges, chargeback-related amounts, and any other amounts owed under these Terms. AuctionWarriors may retain and use records, logs, and other information related to your account and activity for fraud prevention, dispute resolution, compliance, and enforcement purposes as permitted by law.
The Service, all vehicle information, and all vehicles acquired or offered through AuctionWarriors are provided on an “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis. To the maximum extent permitted by law, AuctionWarriors disclaims all warranties and representations of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and any warranties arising from course of dealing, usage of trade, or course of performance. AuctionWarriors does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any data displayed in the Service is accurate, complete, or real-time.
To the maximum extent permitted by law, AuctionWarriors is not responsible for, and disclaims liability for, any acts, omissions, decisions, rules, delays, cancellations, errors, or failures of any third party, including auctions, suppliers, sellers, yards, carriers, transporters, inspectors, government agencies, DMVs, customs authorities, payment processors, banks, telecommunications providers, and other service providers.
To the maximum extent permitted by law, AuctionWarriors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, loss of use, loss of opportunity, financing failure, inability to register or export, inspection failure, or vehicle downtime, arising out of or related to the Service, any vehicle, any transaction, these Terms, or your use of the Service, even if AuctionWarriors has been advised of the possibility of such damages.
To the maximum extent permitted by law, AuctionWarriors’ total liability for any claim arising out of or related to the Service, any vehicle, any transaction, or these Terms will not exceed the total amount you paid to AuctionWarriors for the specific vehicle transaction giving rise to the claim (or, if no vehicle transaction applies, the amount of fees paid to AuctionWarriors in the prior period specified by AuctionWarriors), and in all cases you agree that AuctionWarriors’ liability is limited to direct damages actually proven and will not include consequential or punitive damages.
Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so some of the above limitations may not apply to you. In such jurisdictions, AuctionWarriors’ liability will be limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless AuctionWarriors, its affiliates, partners, dealers, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:
AuctionWarriors may, at its option, assume exclusive control of the defense and settlement of any matter subject to indemnification by you, in which case you agree to cooperate fully with AuctionWarriors. You may not settle any claim in a manner that imposes liability, obligation, admission, or restriction on AuctionWarriors without AuctionWarriors’ prior written consent.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.
Before starting arbitration or a court proceeding, you agree to first send a written notice of dispute to AuctionWarriors describing the issue and the relief you seek. The parties will attempt in good faith to resolve the dispute informally within a reasonable period after the notice is received. You may not start arbitration unless you have completed this informal resolution step, except for claims eligible for small claims court as described below.
Except as expressly stated in “Exceptions” below, you and AuctionWarriors agree that any dispute, claim, or controversy arising out of or relating to the Service, any vehicle transaction, any fees or payments, any refund or deposit, any communications, these Terms, or the relationship between you and AuctionWarriors (including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding individual arbitration and not in court.
The arbitration will be administered by FairClaims and conducted online and/or remotely, unless FairClaims’ rules require otherwise. The arbitration will proceed under the then-current FairClaims rules applicable to the dispute. If FairClaims is unavailable, declines to administer, or cannot administer the dispute for any reason, the arbitration will be administered by a mutually recognized arbitration provider with similar consumer procedures, and if the parties cannot agree, by a court-appointed arbitrator consistent with applicable law.
You and AuctionWarriors agree that arbitration will be conducted only on an individual basis. Class actions, collective actions, private attorney general actions, and representative actions are not permitted in arbitration or in court to the maximum extent permitted by law. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual party’s claim.
Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court. Either party may seek injunctive or equitable relief in court to protect its rights related to unauthorized access, scraping, interference with operations, misuse, fraud, payment abuse, or intellectual property, and such request will not waive the right to arbitrate any other claims.
Filing and administrative fees may apply. To the maximum extent permitted by law and to reduce barriers to individual claims, AuctionWarriors will pay or reimburse the arbitration administrator’s fees and costs required to initiate and administer the arbitration beyond any initial consumer filing fee required by the administrator’s rules, unless the arbitrator determines your claim is frivolous, improper, brought for an abusive purpose, or otherwise brought in bad faith. Each party will bear its own attorneys’ fees and costs unless applicable law or the arbitrator’s award provides otherwise.
Arbitration will be conducted remotely (for example, by video, phone, or written submissions) unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is required, it will take place in a location determined by the administrator’s rules and applicable law, taking into account the parties’ ability to travel and fairness considerations.
If 25 or more similar demands for arbitration are filed against AuctionWarriors by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), the parties agree to work with the administrator and arbitrator to implement procedures designed to promote efficient resolution, including batching, bellwether proceedings, staged discovery, and settlement conferences. The administrator may require additional procedures or schedules for coordinated demands. Nothing in this paragraph prevents either party from pursuing individual arbitration, but it is intended to reduce unnecessary burden and cost and encourage good-faith resolution.
To the extent permitted by law, any claim must be brought within the time period required by applicable law. If applicable law allows the parties to shorten the period to bring a claim, the parties agree that any claim must be brought within a reasonable stated time after the events giving rise to the claim, except where prohibited by law.
If any portion of this section is found unenforceable, the unenforceable portion will be severed and the remaining portions will remain in effect to the maximum extent permitted by law. If the prohibition on class/representative actions is found unenforceable as to a particular claim and cannot be severed, then that claim (and only that claim) will proceed in court, and the remaining claims will remain subject to arbitration.
This arbitration agreement is governed by the Federal Arbitration Act (to the extent applicable) and, where not inconsistent, applicable state law.
We may update these Terms, the Fee Schedule, the Service, and any policies incorporated by reference from time to time. Changes will be effective on the date we post or otherwise make them available through the Service, unless we state a later effective date. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to an update, your remedy is to stop using the Service and request closure/refunds as permitted under these Terms. Updates to fees and schedules are applied prospectively as stated in these Terms and/or the Fee Schedule.
You consent to receive communications from us electronically (including by email, SMS/text, in-app messages, postings within your account, or other electronic means). You agree that electronic communications satisfy any legal requirement that communications be in writing. Notices to you may be sent to the email address associated with your account and are effective when sent. Notices to us must be sent as instructed in these Terms or within the Service.
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, without notice, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, sale of assets, or financing transaction. These Terms bind and benefit the parties and their permitted successors and assigns.
We are not liable for any delay, failure, or interruption caused by events beyond our reasonable control, including acts of God, weather, natural disasters, war, terrorism, labor disruptions, governmental actions, sanctions, supply chain interruptions, telecommunications failures, network outages, third-party system failures, payment network failures, auction/supplier delays, or yard closures.
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not permitted, and the remaining provisions will remain in full force.
These Terms, together with any policies or schedules incorporated by reference and any invoices or written confirmations issued through the Service, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us. You have no authority to bind us. Except as expressly stated (for example, where we provide protections to our affiliates/partners/service providers), there are no third-party beneficiaries to these Terms.
Provisions that by their nature should survive termination will survive, including provisions regarding payment obligations, fees, penalties, set-off, refunds/holds, disclaimers, limitations of liability, indemnification, dispute resolution, and enforcement.
To the maximum extent permitted by law and except where governed by the arbitration section, these Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Any court proceedings permitted under these Terms (including requests for injunctive relief or actions not subject to arbitration) will be brought in the state or federal courts located in Santa Clara County, California, and you consent to their personal jurisdiction and venue.
The Service and all content, features, functionality, software, code, designs, user interfaces, text, graphics, logos, photographs, videos, audio, data compilations, pricing logic, and all other materials made available by AuctionWarriors (collectively, the “Service Content”) are owned by AuctionWarriors or its licensors and are protected by intellectual property and other laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
Subject to your compliance with these Terms, AuctionWarriors grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business use solely to search inventory, submit Max Bids, manage your account, and complete transactions offered through the Service. AuctionWarriors may suspend, revoke, or terminate this license at any time.
You may not copy, reproduce, distribute, display, publicly perform, sell, rent, lease, sublicense, or create derivative works from the Service or Service Content, except as expressly permitted in writing by AuctionWarriors. You may not remove, alter, or obscure any proprietary notices. You may not use the Service Content to build a competing product or service, to create datasets for commercial use, or to scrape, crawl, harvest, or extract data except as expressly authorized in writing.
You may provide information, materials, or content through the Service (for example, account information, transporter details, delivery addresses, recipient information, messages, documents, or other submissions) (“User Content”). You represent and warrant that you have all rights necessary to provide User Content and that your User Content is accurate to the best of your knowledge, not misleading, and does not violate any law or third-party rights. You grant AuctionWarriors a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, display, transmit, and otherwise use your User Content solely as necessary to operate, provide, secure, improve, and enforce the Service, process transactions, comply with law, prevent fraud, and resolve disputes. You acknowledge that AuctionWarriors may retain User Content and related records for compliance, fraud prevention, tax/accounting, dispute resolution, and enforcement purposes as permitted by law.
If you provide suggestions, ideas, improvements, or feedback about the Service, you grant AuctionWarriors a perpetual, irrevocable, worldwide, royalty-free right to use, modify, incorporate, and exploit that feedback for any purpose without compensation or credit to you.