Updated: November 2023
Welcome to ClassicCars.com! By accessing this website (the "Site") or by making an offer on a vehicle listed on ClassicCars.com, you agree to be bound by these Terms and Conditions appearing below (the "Terms"). Please read the following Terms carefully. Your use of the services provided by the Site or any of its subsidiaries (collective, the "Service") is specifically conditioned upon your agreement to the Terms contained herein (the "Agreement"). By using the Service or accessing the Site, you are agreeing to all of the Terms contained herein.
ClassicCars.com is a vehicle listing website and information service that brings together buyers and sellers. ClassicCars.com is not an automobile broker or dealer and does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle listed for sale on our service. ClassicCars.com does not hold or possess title for any vehicle listed for sale on our service. ClassicCars.com is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Service, and ClassicCars.com does not offer other ancillary products and services such as vehicle financing, service contracts, mechanical breakdown insurance, vehicle registration/titling, and vehicle transfer escrow services.
Please also read these Terms carefully, including the mandatory arbitration provision contained below, which requires that disputes be resolved by final and binding arbitration on an individual basis, not a class-wide or consolidated basis. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided below. When you click "accept" to the Terms or register for an account with us or when you otherwise use the Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Services,or for any other purpose.
Throughout this Agreement, the words "we," "us," "our", and "ours" refer to The Collector Car Network, LLC, d/b/a AutoHunter and Classic.cars.com ("CCN"), an Arizona corporation, its officers, employees, consultants, and subsidiaries. The words "you," "your," and "yours" refer to you, a user of the Service.
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. If you do not agree to the amended Terms, you must stop using our Services. Unless material changes are made to the arbitration provisions below, you agree that modification of these Terms does not create a new right to opt out of arbitration.
Any and all intellectual property rights associated with the Service and the network and its affiliates -including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets, and copyrights - are the sole property of The Collector Car Network, LLC, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without our written permission. Except as provided herein, we do not grant to you any express or implied rights to our intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by the Service shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various information, files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement or Terms give you no rights in and to such Content. To the extent that you own any rights in Content that you provide to us, you hereby grant to us a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit any Content that is provided during your use of the Service.
"Drive Your Dream" is a service mark of Collector Car Network, LLC. "Safe-n-Secure" and "AutoHunter" is a trademark of Collector Car Network, LLC. No license to use or reproduce these marks or other marks on the Service is given or implied. All other brands and product names are the trademarks of their respective owners.
You agree that we, in our sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third party as a result of our termination of your access to the Service.
In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service.
You explicitly agree not to:
ClassicCars.com is not responsible for incorrect information given by buyers or sellers, including title and other information regarding vehicles, including but not limited to, vehicle mileage, history, originality, provenance, condition, year, make, and/or photos of the vehicle. We do not guarantee nor provide warranty regarding vehicles available from our Site. The sale of vehicle(s) is between the legal owner and the buyer only. ClassicCars.com does not own, verify, buy or sell any vehicles listed for sale on our Site. ClassicCars.com does not possess title, nor hold title for any vehicle for sale on our Site. Vehicle information or inspection reports provided by sellers is provided for informational purposes only. ClassicCars.com is not responsible for any incorrect information or mistakes or otherwise.
The prices listed by sellers on ClassicCars.com exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. All dollar amounts listed on the website are in U.S. funds.
We assume no responsibility for Content downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
Errors in Content, including, but not limited to, description, photography, or typographical errors, are subject to correction at our sole discretion.
Parties other than us and our subsidiaries may operate stores, provide services, or sell product lines on the Service. Additionally, the Service may offer links to the websites of affiliated companies and certain other businesses. We shall not be responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their respective websites. We assume no responsibility or liability for the actions, product, and content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.
By using the Service or by communicating with us electronically via email, instant messenger, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We attempt to be as accurate as possible with respect to product and service descriptions. However, we do not warrant that product and service descriptions or other Content of the Service is accurate, complete, reliable, current, or error-free. If a product or service offered by us itself is not as described, your sole remedy is to return it in unused condition subject to the terms of our Refund Policy.
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.
To the fullest extend permitted by law, you agree to indemnify, defend, and hold us and our vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.
We reserve the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also change your priority of access to the Service with respect to other users. We make no commitment to update the information provided by the Service.
Although we have no obligation to monitor the Content of our users, we reserve the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third parties, or protect our rights, property, or personal safety, or that of our users, or of the public.
For detailed information regarding our use of registration data and other user information, please read our Privacy Policy. By using the Service, you agree to our privacy policy.
This Agreement shall constitute the complete and exclusive agreement between you and us. While we reserve the right to modify this Agreement at any time, the Terms contained in this Agreement may not be modified by you unless both you and a representative authorized by us execute a separate written agreement. If any provision of this Agreement or these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement or Terms. The failure of CCN to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a complaint regarding the Services that you think we have not adequately resolved, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
In accordance with the Digital Millennium Copyright Act and other applicable law, 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 CCN's designated agent as follows:
Designated Agent: Legal Dept.
Address: 7400 E. Monte Cristo Ave, Scottdale, AZ 85260
Telephone Number: 480.285.1600
E-Mail Address: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to CCN for certain costs and damages.
Please read this section carefully because it requires you to arbitrate certain disputes and claims with CCN 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 provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. Any dispute subject to this section (as described in (b) below) is personal to you and CCN, will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or CCN seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or CCN seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and CCN waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, ("Disputes") resolved in court. For any Dispute that you have against CCN, you will first contact CCN and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to CCN by email at [email protected] or by certified mail addressed to CCN, Legal Department, 7400 E. Monte Cristo Ave., Scottsdale, AZ 85260. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and CCN cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Maricopa County, Arizona, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 19, you will be deemed a "consumer" if you use the Services for your personal, family or household purposes. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available here http://www.jamsadr.com/rules-streamlined-arbitration; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available here http://www.jamsadr.com/rules-comprehensive-arbitration (collectively, "JAMS Rules"), which are hereby incorporated by reference. You either acknowledge that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) The Parties acknowledge that these Terms affect interstate commerce and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, CCN, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and CCN will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, CCN will pay all JAMS fees and costs. You and CCN agree that the state or federal courts of the State of Arizona and the United States sitting in Maricopa County, Arizona have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and CCN will not have the right to assert the related claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by contacting us with the information provided at the end of the Terms. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the "governing law and venue" section 20 below.
(h) If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable.
These Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of Arizona, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties not subject to arbitration as set forth above in section 19 shall exclusively be submitted to the state or federal courts of Maricopa County, Arizona, and you consent to exclusive jurisdiction and venue in such courts.
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 use our Services.
The Collector Car Network, LLC
7400 E. Monte Cristo Ave.
Scottsdale, AZ 85260
[email protected]
480.285.1600
https://www.collectorcarnetwork.com
By placing an order for a vehicle listing (the "Listing"), you agree to be bound by the terms and conditions appearing in this Listing Agreement. Please read the following terms and conditions carefully. Your use of the services provided by ClassicCars.com (the "Service") is specifically conditioned upon your agreement to the terms and conditions contained in this Listing Agreement (the "Agreement"). By using the Service, you are agreeing to all of the terms contained in this Agreement.
Throughout this Agreement, the words "we," "us," "our", and "ours" refer to Collector Car Network, LLC, an Arizona corporation, its officers, employees, consultants, and subsidiaries. The words "you," "your," and "yours" refer to you, a user of the Service who has, will have, or has in the past created a Listing on ClassicCars.com.
We may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit ClassicCars.com from time to time to review the current Listing Agreement.
Your Listing is subject to review and approval by us, and we reserve the right to edit, modify, and/or cancel, at our sole discretion, your Listing, in part or in whole, if we determine that it is in violation of any terms of this Agreement. Availability of your Listing on the Service is not an indicator of approval; only a confirmation email message from us indicating initial approval constitutes evidence of approval. You may change most elements of your listing, such as photos, description, and vehicle details, at any time; however, any changes you make to your Listing are also subject to approval by us.
Your listing will remain active as long as you log in to your ClassicCars.com account and edit your listing at least once every sixty (60) days and/or respond to an automated request sent via email.
Your Listing stays online until you notify us that your vehicle has been sold or is otherwise no longer available for sale. However, out of concern for the quality and timeliness of the Service for all users, we reserve the right to cancel your Listing on your behalf if we have reason to believe that you have abandoned your Listing (for example, you have not logged into your account or have failed to respond to repeated requests via email over a period of sixty [60] days or more).
If you purchase a Featured Listing upgrade, you understand that Featured Listing status expires at the end of the purchased term unless you renew it in advance.
ClassicCars.com Premium Vehicle Listings are intended for use by private parties for the purpose of offering one (1) vehicle for sale. All dealerships must open a dealer account.
Your Listing must offer one (1) vehicle for sale. Your listing must not contain any inappropriate content as defined herein. You explicitly agree not to:
You explicitly agree that you, the seller, are wholly responsible for the successful sale of your vehicle. There is no guarantee that your vehicle will be sold or that prospective buyers will contact you. Furthermore, it is entirely your responsibility to exercise all due caution in executing transactions with any party; we make no representations as to the identity, trustworthiness, creditworthiness, or truthfulness of any prospective buyers. We are not responsible for email messages lost in transit, nor for those rejected or redirected by spam filters. Messages from member accounts identified by our internal anti-fraud systems as being at high risk for fraud may not be delivered.
Due to the nature of the services we provide, we cannot provide refunds; all sales are final.
Your Listing is subject to the ClassicCars.com Privacy Policy and to the terms and conditions described in the ClassicCars.com Terms and Conditions Agreement, both of which are hereby incorporated by reference.
