SALVAGE WORLD SITE USER AGREEMENT
By actively navigating, registering and/or placing a bid offer on this site, you hereby consent to the Salvage World Site User Agreement and related agreements incorporated herein by reference (the "Agreement" or "User Agreement") GSA AUCTIONS LLC (herein known as “Salvage World”).
A. General. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.salvageworld.net (the "Site") and the general principles for the web sites of any subsidiaries and international affiliates owned by SalvageWorld. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our services.
B. Questions. If you have any questions, please contact us at Info@salvageworld.net
D. Other sites. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as an SalvageWorld user.
A. SalvageWorld amendments. SalvageWorld reserves the right to amend this Agreement at any time by posting the amended terms on the web site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on the Site. In addition, we will notify you in accordance with your account notification preferences or by posting a notice on our main site page.
B. User amendments. This Agreement may not be otherwise amended except in a writing signed by you and SalvageWorld.
C. Effective date. This agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on August 05, 2010 for all users.
3. MEMBERSHIP ELIGIBILITY
A. Availability. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. These individuals include, but are not limited to, children (persons under the age of 18), the mentally incompetent, or to temporarily or indefinitely suspended Salvage World only in conjunction with, and under the supervision of your parents or guardians. All user registrations, auction offers and purchases must be initiated and/or completed by a parent or guardian or in the presence of a parent or guardian, even if the parent or guardian has granted permission to you to act on his or her behalf outside their presence.
C. Transferability. Further, your Salvage World account (including related account information) and User ID/Password may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
4. FEES AND SERVICES
A. General Fees. Joining Salvage World is free. However, we now use your $500 deposit towards a 60 day membership which is fully refundable minus a $40 dollar bidding fee. Refunds are issued within 5-15 days after the expiration date of your membership. If members wish to early terminate within the 60 days there will be an additionial $50 dollar charge for early termination along with the $40 dollar bid fee. We offer additional services through our Site. In the event you choose to utilize a fee based service, you will always have an opportunity to review and accept the fee that you will be assessed prior to any fee being charged to your account.
B. New VIP Membership ugrade is $150 annually, this gives you access to bid on about 35,000 or more vehicles weekly that other competiting sites do not have. This is a non refundable yearly membership.
In addition, there may be processing fees associated with refunds. All such fees shall be set forth within our Fees and Refund Policy and are incorporated by reference into this Agreement. Upon creating your Salvage World account, you expressly consent to the fees and terms as set forth within the Fees and Refund Policy. You expressly represent to Salvage World that you have reviewed this information and are familiar with this Agreement and the Fees and Refund Policy prior to creating an Salvage World account and submitting bid offers.
D. Fee Changes. We may occasionally change our fees for our additional services. Our changes to our Fees and Refund Policy are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Refund Policy and the fees for our services for promotional events and such changes are immediately effective when posted at the temporary promotional event area on the Site. We may in our sole discretion change or discontinue some or all of our services at any time.
E. New Services. In the event we introduce a new service, the fees for that service are effective immediately upon the launch of the service. Fees are quoted only in United States dollars, unless otherwise stated. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
5. SALVAGE WORLD IS AN ONLINE VENUE
A. Status. SALVAGE WORLD is not an Auctioneer. We are commonly referred to as an online auction web site, but it is important to understand that we are not a traditional "auctioneer". WE DO NOT OPERATE LIKE EBAY or similar online auction web sites. We are merely a venue that allows people to make bid offers, on currently running automobile Insurance auctions, before our in house specified offer submission deadline expires. Upon expiration of the designated offer submission deadline, the individual who made the highest offer through the Site is then notified by SALVAGE WORLD whereupon the individual must guarantee the offer with a security deposit to SALVAGE WORLD in an amount of Five Hundred Dollars ($500.00) or Ten Percent (10%) of the offer price, whichever is the greater (“Security Deposit”) within twelve (12) hours. Salvage World deals with multiple insurance companies and auction houses which have different terms and requirements. Please keep in mind that placing bids on certain vehicles may require a $3,000 or Twenty percent (33%) of offer, whichever is greater ("Security Deposit"). Since all insurance auctions are closed to the general public and only licensed auto salvage representatives can bid at these auctions, Salvage World will present your bid offer at the insurance auction on your behalf. Please note that although you may have the highest bid offer on the Salvage World Site, your bid offer may be exceeded at the insurance auction and thereby you will not acquire the vehicle.
By opting for this business model, Salvage World can and does allow people to offer to buy just about any type of auto regardless of geographic area, in a variety of pricing formats, including a fixed price format and an auction-style format most commonly referred to as "online auctions" or "auctions." Unlike traditional auction houses, we are not involved in the actual transaction between buyers and sellers.
B. Control of products offered. As a result of our status as a venue, we have no control over the quality, condition, safety or legality of the items advertised on the Salvage World Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot guarantee that a buyer or seller will actually complete a transaction.
C. Fixed Price Marketplace. Salvage World also maintains another area of the site that gives you the ability to purchase restored autos at a fixed price. Specific terms and conditions may apply to your use of this fixed price area.
D. Identity Verification. We frequently verify the accuracy of the information our users provide us when they register on the Site. However, due to the expense and difficulty of verifying this information, Salvage World cannot and does not confirm each user's purported identity.
E. Release. Because we are a venue and not an auctioneer, in the event that you have a dispute with one or more third parties, you hereby release Salvage World (and our officers, directors, agents, subsidiaries, partners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
F. Information Control. We have no control of the information provided by other third parties that is made available to you through our system. As a result, you may find other user's information to be inaccurate. Furthermore, with respect to third party representations concerning documentation such as Department of Motor Vehicle titles, registrations, VIN numbers or dealer ‘certifications’ or ‘warranties’, Salvage World does not guarantee the accuracy or availability of third party documentation. By actively navigating this Site, you agree to accept such risks and Salvage World is not responsible for the acts or omissions of users on the Site.
6. OFFERS, BIDDING AND BUYING
A. Obligations. As a buyer, you are obligated to complete the transaction with the seller:
1. if you purchase an item through one of our fixed price formats; or
2. if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your offer is accepted by the seller at the insurance auction.
B. Bid Offer. By entering a bid offer on an item you agree to be bound by the conditions of sale included in the item's description unless these conditions of sale are in violation of this Agreement or unlawful. In the event that you are the highest bid offer and do not remit your mandatory Security Deposit and processing fee as outlined within The Fees and Refund Policy and within the time frame set forth herein, Salvage World has the exclusive right to cancel your offer bid and pursue you for the Security Deposit, processing fees, related legal costs and fees associated with the collection, in addition to any other legal remedies Salvage World may elect to exercise. Additional fees may be assessed to cover costs and administrative expenses associated with your default.
Offers are final and not retractable except in exceptional circumstances, such as:
1. when the seller materially changes the item's description after you place your offer;
2. a clear typographical error is made; or
3. when the seller does not confirm your purchase in the fixed-price area of our services.
C. Fraud. Without limiting any other remedies, Salvage World reserves the right to suspend or terminate your account, without notice to you, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. In addition, Salvage World will report all online fraud to local authorities for prosecution.
D. Manipulation. Neither you, bidders, nor third parties may manipulate the price of any item nor may you interfere with other user's listings or transactions.
7. YOUR INFORMATION
A. Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
B. Restricted Activities. Your Information and your activities on the Site shall not:
1. be false, inaccurate or misleading;
2. be fraudulent or involve the sale of counterfeit or stolen items;
3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4. violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising);
5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
6. be obscene;
7. contain any viruses, spyware, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8. create liability for Salvage World or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
9. link directly or indirectly to or include descriptions of goods or services that:
(a) are prohibited under this Agreement;
(b) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;
(c) are concurrently listed for sale on a web site other than Salvage World's (this does not prevent linking to or advertising an Salvage World item from another Web site); or
(d) you do not have a right to link to or include.
8. ACCESS AND INTERFERENCE
A. Interference. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Salvage World by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
1. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
2. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Salvage World and the appropriate third party, as applicable; and
3. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, immediately remove your bid offers or listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if;
(a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us;
(c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or
(d) for any reason whatsoever.
11. NO WARRANTY
SALVAGE WORLD, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SALVAGE WORLD, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SALVAGE WORLD SITE IS AT YOUR SOLE RISK. NEITHER SALVAGE WORLD, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORRS WARRANT THAT THE SALVAGE WORLD SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SALVAGE WORLD SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SALVAGE WORLD SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE SALVAGE WORLD, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UN-AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SALVAGEWORLD.NET SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
12. LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) FIVE HUNDRED DOLLARS ($500.00).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
15. NO AGENCY
You and Salvage World are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to SSS auto, 132 east 43rd street suite 703 NEW YORK, NEW YORK 10017 NY FOR VEHICLES PURCHASED BEFORE SEPTEMBER 1, 2011. FOR VEHICLES PURCHASED ON OR AFTER SEPTEMBER 1, 2011 PLEASE SEND NOTICES BY POSTAL MAIL TO GSA AUCTIONS LLC 401 E LAS OLAS BLVD SUITE 130-344 FORT LAUDERALE FLORIDA 33301 (in the case of SALVAGEWORLD.NET) or to the e-mail address you provide to SALVAGE WORLD during the registration process (in your case). Notice shall be deemed given twenty four (24) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SALVAGE WORLD during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
17. RESOLUTION OF DISPUTES
A. General. In the event a dispute arises between you and SALVAGEWORLD, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SALVAGEWORLD agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
B. Binding Arbitration. For any Claim you or SALVAGEWORLD may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by an arbitrator mutually agreed between by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
C. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in FLORIDA, UNITED STATES. You and SALVAGE WORLD agree to submit to the personal jurisdiction of the courts located within the UNITED STATES.
D. Mediation. Alternatively, SALVAGE WORLD will consider use of other alternative forms of dispute resolution, such as mediation to be held in London, United Kingdom or another location mutually agreed upon by the parties.
18. ADDITIONAL TERMS
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
Fees and Refund Policy: http://www.salvageworld.net/static.php?id=5
This Agreement shall be governed in all respects by the laws of the state of FLORIDA as such laws are applied to agreements entered into and to be performed entirely within FL between, United States, Middle East and European residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by SalvageWorld in accordance with Section 18 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of the agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs of suit or other proceeding. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 4 (Fees and Services) with respect to fees owed for our services, 5E (Release), 8C (License), 8 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.