Terms of Use
Introduction
Central Auction Group (“CAG” or “We”) provides online services (as defined below) through the site https://www.centralauctiongroup.com (the “Site”) to online users (“You”), subject to the following Terms of Use (“Terms” or “Agreement”). These Terms may be modified and/or updated from time to time. Your continued use of the Site is deemed to be acceptance of any changes, so please check these Terms periodically for updates. If You do not agree with our Terms, your choice is not to use the Site. By accessing or using the Site, You shall be bound by these Terms, along with CAG’s Privacy Policy and/or any other applicable policies, such as the related Buyer Agreement and Seller Agreement.
Definitions
Affiliates refers to Fairbid International, LLC, Central City Steel, Inc. and any other entity that directly or indirectly controls, is controlled by, or is under common control or common ownership with CAG or its or their successor in interest.
Buyer refers to any individual or entity and its representatives registered on the Site to buy Units in compliance with the applicable Buyer Agreement, Terms of Use and Privacy Policy of the Site.
Non-Titled Unit refers to any used or damaged mobility vehicle, equipment, machinery, and other items that do not require valid title to operate/transfer ownership under federal, state and/or local law.
Seller refers to any individual or entity and its representatives registered on the Site to sell Units in compliance with the applicable Seller Agreement, Terms of Use and Privacy Policy of the Site.
Services refers to any and all services provided by CAG through the Site.
Titled Unit refers to any used or damaged vehicle, truck, motor home, recreational vehicle, scooter, electric car, motorcycle, trailer, special purpose vehicle, or other type of Unit which requires valid title for ownership under federal, state and/or local law.
Units collectively refers to Titled Units and Non-Titled Units available on the Site.
Unit Information refers to certain information with regard to a particular Unit, including but is not limited to, year, make, model, vehicle identification number (“VIN”), mileage, odometer disclosure, drivability, roadworthiness, accessories, safety recalls, title, title history, airbags, condition, ACV, estimated repair cost, damage type, damage location, images, sale document, keys, or VIN plates, and the ability of the Unit to start or run.
Registration
In order to access CAG’s Services, including bidding on/purchasing Units or listing Units for sale, You must register on the Site. You are responsible for: (i) maintaining your username and password; and (ii) all activities that occur under your username, password, or on your account.
CAG shall not be liable for any loss or damage arising from your failure to comply with the terms of this Agreement and You agree to indemnify and hold CAG harmless for any costs incurred in connection with the same.
Termination and Modification of Services
Termination of Services. You agree that: (i) CAG may terminate your access and/or use of its Services for any reason, including access to your CAG account on the Site; and (ii) CAG shall not be liable to you or any third party for the termination of your access to the Services.
Modification of Services. CAG may modify the Services provided through the Site from time to time. You agree that CAG shall not be liable to you or any third party for any modification or discontinuance of any Services provided on the Site.
CAG Site Content
CAG holds all rights to the materials and content on this Site, which are the copyrighted work of CAG. You have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials on the Site for any purpose.
Disclaimer
Your use of this Site is done so at your own risk. The Site may include certain inaccuracies or errors that may impact the Services provided on the Site, including, without limitation, Unit Information about any Unit available for sale. Information on the Site has not been independently verified or authenticated in whole or in part by CAG. CAG does not warrant the accuracy or timeliness of the descriptions and/or pictures of Units that are purchased by You on the Site. As a result, You release CAG from any and all liability for errors or omissions in the descriptions and/or pictures on the Site.
IN NO EVENT SHALL CAG OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF THE SERVICES OR THE SITE, OR ANY INFORMATION OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
Indemnification
Release of Liability and Indemnification. You and any third-party invitee irrevocably and unconditionally waive and release your rights (if any) to recover from CAG and its Affiliates for any and all damages, losses, liabilities, costs, expenses or claims (“Losses”), whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to any property damage, bodily injury or other loss which occurs on or around CAG’s premises. Further, You shall defend, indemnify and hold CAG and its Affiliates harmless from and against any and all Losses (including reasonable attorneys’ fees and costs) arising from claims made by You or any third party for: (i) property damage or bodily injury which occurs on CAG’s premises; (ii) any failure by Buyer or Seller to comply with all applicable laws or regulations; and (iii) the sale or transfer by Buyer or Seller of a Unit to third parties.
YOU SHALL COMPLY WITH ALL APPLICABLE LAWS RELATING TO THE USE OF THE SERVICES. YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CAG AND ITS AFFILIATES FROM AND AGAINST ANY CLAIMS, DAMAGES, OBLIGATIONS, LIABILITIES, FINES, JUDGMENTS, LOSSES COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR FAILURE OR ALLEGED FAILURE TO COMPLY WITH APPLICABLE LAWS OR THE TERMS OF THIS AGREEMENT.
UNDER NO CIRCUMSTANCES SHALL CAG OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS RESULTING FROM OR ARE RELATED TO THE SALE, DISTRIBUTION, USE, OR INABILITY TO USE, ANY UNIT, EVEN IF CAG OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Agreement of Arbitrate Disputes
You shall first negotiate with CAG in good faith to resolve any claim or dispute relating to the terms of this Agreement and/or any Unit sold (each individually or collectively, a “Claim”). In the event of any Claim, You shall send a written description of its Claim to CAG by email transmission or by mail to commence the negotiation process with CAG. A written description shall include specific information regarding the precise nature of the Claim, the facts giving rise to such Claim, the desired resolution, and other facts that You deem relevant. CAG shall have twenty-one (21) business days, commencing on the first full business day after the date that the written description is received (the “Claim Date”), to investigate and respond to the Claim. All good faith negotiations shall conclude within sixty (60) days of the Claim Date.
Any Claims between You, Your representative and CAG shall be submitted to and resolved exclusively by binding arbitration instead of litigation. The parties acknowledge that arbitration is more informal than the filing of a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in a court proceeding and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
You shall submit any Claim to the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules. The AAA’s Commercial Arbitration Rules are hereby incorporated by reference into this Arbitration Policy and are available at adr.org. You shall be responsible for your own arbitration costs.
Miscellaneous
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania.
Entire Agreement; Severability. This Agreement constitutes the parties’ entire agreement and understanding. If any term or condition of this Agreement is held to be invalid or unenforceable, the remaining terms and conditions shall remain in full force and effect and in no way shall be affected or invalidated.
Waiver. Waiver by CAG of the performance of any covenant, condition or promise made by You shall not invalidate this Agreement, nor shall it be considered to be a waiver by CAG of any other covenant, condition or promise contained herein. The waiver by CAG of the time for performing any act shall not be constructed as a waiver of any other act required to be performed at a later date.
