Policies, Guidelines & Dispute Resolution

General Policies

Fair and Ethical

Double Clutch Automotive auction sales promote fair and ethical treatment to both the Buyer and Seller and adopts much of the NAAA suggested “best practices” within its Dispute Resolution Policies.

In the event that the Auction (DCA) determines that the transaction is not fair and ethical to either party, the Seller and the Buyer, DCA reserves its right whereby it may elect to cancel the sale at its sole discretion. Federal, State, and Local laws supersede these policies where applicable.

This page explains the terms by which you may use the DCA platform, and our online services, and software provided on or in connection with our website, including (i) submitting bids for the purchase of vehicles posted for auction by DCA as Buyer and (ii) submitting a vehicle description and any other related information in connection with the listing of a vehicle for sale in a DCA action as a “Seller”. By accessing or using the DCA platform, you signify that you have read, understood, and agree to be bound by these terms of service, to the collection and use of your information according to our policies. There terms apply to all Buyers, Sellers, visitors, users, and others who register for or otherwise access the DCA platform.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Auction Role in Sale

Double Clutch Automotive (herby referred as “Auction”) makes no representations or guarantees on any vehicle sold or offered for sale. Auction is not a party to the contract of the sale. The sales contract is between the Seller and Buyer only.

Auction VIN Policies and Rules

This is a dealer to dealer community and the parties are expected to comply with all policies and obligations set forth herein. In the event of a dispute it is expected the parties will attempt to resolve the matter between themselves. If unsuccessful the parties shall follow the dispute resolution policies described herein.

All vehicles must have a visible public Vehicle Identification Number (VIN) plate attached to the vehicle by the manufacturer. Those vehicles having a reassigned VIN plate by the State in place of the original VIN plate must be announced or will be subject to sale cancellation or Buyer return. Auction reserves the right to refuse the sale of any vehicle in which the VIN plate appears to be altered in any way.

Buyers and Sellers agree not to engage in any of the following prohibited activities (i) copying, distributing, or disclosing any part of the information or software of DCA in any medium, including without limitation by any automated or non-automated “scraping; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the DCA platform in a manner that sends more request messages to the DCA’s servers that a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the platform integrity or security or decipher any transmissions to or from the servers running the platform; (v) taking any actions that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data; viruses, worms, or other software agents through the platform, (vii) collecting or harvesting any personally identifiable information, including account names, from the platform; (viii) except as otherwise expressly permitted by DCA, using the platform for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the platform; (xi) accessing any content on the platform through any technology or means other than those provided or authorized by the platform; or (xii) bypassing the measures we may use to prevent or restrict access to the platform, including without limitation features that prevent or restrict or copying of any content or enforce limitations on use of the platform or the content therein.

Sale Light System

DCA Automotive Auctions utilizes a standard Sale Light System to describe the condition and/or disclosures related to the vehicle being sold. The system is defined as:

1. Green Light– Green Light vehicles signal that the vehicle is guaranteed under the conditions outlined in this policy by the seller. (Any defects or issues requiring disclosure per this policy should be announced using the green and yellow lights). Green Light vehicles are sold with the right for seller to receive the vehicle and inspect it. Upon receipt, buyer is required to notify Auction within 24 hours of any defect in engine, drive train or structure in excess of $1000 in absence of announcements. Sellers not disclosing of damages are required to “cure” the buyer of financial impact within 72 hours or an Auction assessed fine of $1,000 will be assessed. After payment in full and lapse of inspection period, transaction deemed “As Is”.

2. Yellow Light – Yellow light vehicles signal that the vehicle is sold with a limited guarantee. The yellow designation light is an indication to the Buyer that the Seller, or seller representative has made announcements that qualify/clarify the condition or equipment. A yellow light does represent that the frame of the vehicle is sound. All Yellow light announcements can be found on the vehicles Condition Report and are used to explain or clarify items that may be relevant to the buyer. The yellow light limits arbitration of this vehicle. Upon receipt of the vehicle, buyer is required to notify Auction structural frame damage found within 24 hours. After payment in full and lapse of inspection period, transaction deemed “As Is”.

3. Red Light – Red Light vehicles signal that the vehicle is being sold “As-Is” and subject to all defects, including mechanical, frame, engine, transmission and exterior/interior components. All branded titled vehicles or TMU (true mileage unknown) are sold as red light vehicles.

4. Blue Light – Blue Light vehicles signal that the vehicle’s title is not present at the time of sale. Sellers indicating a blue light must produce the buyer with clean title within 14 business days of the auction. Any seller not having all required paperwork needed to transfer title and complete the sale are required to sell vehicles under a Blue Light designation. Buyers are cautioned not to send funds prior to title receipt.

Announcement /Light Legend
Announcements: Light Usage Recommendation
Green Yellow Red
Ride & Drive Only X N/A N/A
Ride & Drive with Caution X X N/A
Limited Guarantee Only N/A X N/A
As-is, No Arbitration N/A N/A X

Seller Responsibilities

It is the Seller’s obligation to accurately disclose all facts and details regarding any vehicle being listed for sale, including providing an accurate and honest condition report, consistent with the manner herein described. Be advised, for all legal purposes and this agreement, any broker and/or consignor is the Seller.

  1. Seller will be held responsible for the accuracy and completeness of all representations or descriptions of the vehicle. This includes vehicle markings, condition information and verbal or written statements made by Seller or Selling Representative at the time of sale. The Seller understands that the sale light display is a binding arbitration representation of vehicle condition, and is therefore responsible for ensuring that their vehicles sell under the correct light.
  2. Mileage announcements are required on all vehicles sold at auction and any mileage discrepancy known or apparent to seller must be disclosed. The Seller may represent miles on exempt vehicles; any disclosures made by the Seller and all known odometer discrepancies are grounds for arbitration.
  3. Title discrepancies must be announced including, but not limited to: not actual miles, salvage, theft recovery, stolen vehicle, flood damage, Lemon Law buybacks and trade assist.
  4. If a vehicle is being offered for sale by a third party, an announcement of “3rd Party Seller”, aka “broker” is required. Disclosure requirements and time limits are subject to DCA auction policy. The individual or entity placing the advertisement is deemed the Seller. Any individual and/or entity brokering a vehicle or listing a vehicle on consignment shall be responsible for all Seller’s responsibilities and obligations contained herein.
  5. Disclosure is required for any matters that relate to the safety or integrity of the vehicle including the stated dollar threshold and disclosure requirements in this policy, all requirements under local, state or federal statutes or regulations. Announcements must be made both verbally and disclosed on the auction invoice/sale contract/bill of sale or equivalent document in a physical or online auction environment.
  6. The disclosure of the presence of warning lights does not exempt a Seller from dispute resolution responsibilities as defined by the policy.
  7. The availability of a manufacturer’s warranty shall not affect a Buyer’s right to arbitrate a vehicle. Regardless of the warranty coverage in terms of the root cause of the complaint, an announcement may be required.
  8. In the event of a successful arbitration by the Buyer, the Seller is responsible for reimbursement of all reasonable documented expenses incurred by the Buyer (excluding profit, commissions and detail charges) on vehicles arbitrated for undisclosed conditions. Reimbursements that qualify under these guidelines will be at the sole discretion of the Auction and will be limited to the reasonable and documented expenses at auction (wholesale) repair cost.
  9. Seller will not be paid for vehicles in arbitration until arbitration is settled and vehicles are sold. For arbitrations occurring after the seller has been paid, seller is required to promptly return the payment to the auction if the transaction is voided as a result of arbitration.
  10. By submitting the Seller information, Seller fully and unconditionally releases and forever discharge DCA and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between Seller and Buyer or one or more users or any other person or entity, or (ii) the use by DCA of the Seller information, including without limitation, any and all claims that use of the Seller information pursuant to these terms violates any of Sellers intellectual property rights, copyrights, rights of publicity or privacy, “moral rights”, or rights of attribution and integrity. Seller acknowledges and agrees that DCA has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by a Buyer or any user or third party of any Seller information. DCA acts as a passive conduit for Seller information and has no obligation to screen or monitor Seller information.
  11. DCA has the absolute right to remove and/or delete without notice any Seller information within its control that it deems objectionable.

Buyer Responsibilities:

It is the buyer’s obligation to read and comply with all responsibilities and policies outlined herein, a buyer’s bid on a vehicle shall constitute an affirmative acknowledgment that buyer has read the condition report, all seller’s disclosures and complied with the policies outlined herein.

  1. Prior to placing bids, the Buyer is responsible for inspecting the vehicle Condition Report, and reviewing any announcements and disclosures made by the Seller, DCA, or Selling representative.
  2. Online Buyers are responsible for reviewing all pertinent information available online, including, but not limited to, announcements, disclosures, condition reports, pictures and online listings.
  3. Buyers are responsible for observing and understanding the sale lights (Green, Green/Yellow, Yellow, Red, Red/Yellow and/or Blue), which identify various sale conditions for the vehicle. Once the vehicle is sold, the Buyer must review the Auction sales receipt or appropriate document to confirm the vehicle price, disclosures and announcements are correct before legibly printing and signing their name or digitally/electronically signing the auction sales receipt or appropriate document.
  4. It is strongly encouraged that an Online Buyer should have a Post Sale Inspection (PSI), warranty or assurance product from the auction on vehicles purchased.
  5. DCA will not arbitrate vehicles based on any unintentional errors or omissions of any promotional information related to the vehicle, walk-around, handouts, catalogues, vehicle markings, or vehicle listings as they are for the convenience of the buyer and are not to be relied upon as accurate or complete.
  6. Buyer agrees to be liable for any and all work done to a vehicle (including a vehicle purchased as title attached, unavailable or absent) prior to returning the vehicle to Seller except on vehicles arbitrated for undisclosed conditions not detectable through vehicle inspection, including but not limited to, not actual miles, salvage, theft recovery, stolen vehicle, flood damage, Lemon Law buybacks and trade assist.
  7. The Buyer is financially responsible for any pending sale and assumes all risk of loss until arbitration is final.
  8. The Buyer or Buyer’s agent (transporter or driver) should note and must document any obvious damage prior to removing the vehicle from the Seller. Seller will not be responsible for any obvious damage not identified on the condition report or the condition report once the vehicle is removed from the Sellers location.
  9. The Buyer shall not surrender possession of the vehicle to any claimant, except as required by legal process, nor shall Buyer voluntarily pay or acknowledge the validity of any claim, without the prior approval of DCA or Seller. Time is of the essence. Any failure on the part of the Buyer, after becoming aware of said claim, to notify DCA and Seller of any claim in a timely manner or failure of the Buyer to cooperate in defending any such claim shall relieve DCA and Seller of any liability under this policy.
  10. Buyer agrees that (i) each bid submitted via the platform is binding on the Buyer, and (ii) Buyer is responsible for all applicable government fees and taxes for applicable vehicles purchased by the Buyer off the platform.

Title Policy

  1. All titles submitted by Seller must be in Seller’s company name on title or on a properly executed reassignment form. The Seller guarantees the titles of vehicles that are sold through Auction.
  2. This guarantee of the title warrants that the title shall be marketable and free and clear of all liens and encumbrances. This includes any brand (such as “salvage”) noted upon the current or any prior certificate of title unless such encumbrances were announced at the time the vehicle is sold through Auction and for a period of four (4) years from the date of sale. Seller’s liability under this title guarantee shall never exceed the Auction sale price (the “maximum amount”) of the vehicle, and this maximum amount shall be reduced by two percent (2%) per month following Auction sale date. All liability under this title guarantee shall expire and terminate 48 months four (4) years after Auction sale date. Auction will not be responsible for any expenses incurred on vehicles returned for late title.
  3. Seller warrants, represents and guarantees possession and conveyance of a certificate of title, properly executed, valid in the state where the transaction is occurring and clear of all liens and encumbrances (except current year DMV fees in California), and Seller warrants and will defend the title against the claims and demands of all persons whatsoever.
  4. Seller will ensure that the title must be assigned directly to Buyer. Any title assigned to DCA will not be accepted.
  5. Seller will not be paid for vehicles until a transferable title is received.
  6. Seller accepts no responsibility for non-titled vehicles sold without title on the condition that Seller must announce the vehicle being sold with a bill of sale only and that there is no title to transfer. All non-titled vehicles and equipment will be sold “As-Is.”
  7. If the title problem is due to a clerical or coding error, or incomplete documentation, Seller shall be given reasonable time after receiving notice to have the error corrected.
  8. Applications or other documents related to a duplicate title will not be accepted, unless announced as such or if allowed by the appropriate jurisdiction.
  9. Where legal by municipal and/or state law, any vehicle being offered for sale with a foreign (non US) title must be disclosed prior to the sale by the Seller. Vehicle must be legal to sell in the United States.
  10. Seller has up to a maximum of 21 days for title to be received.
  11. Vehicles lacking a properly assigned title or reassignment to transfer a title at time of sale must sell “Title Attached/Title Unavailable/Title Absent,” with the Blue light on.
  12. Vehicles lacking lien release or a valid repo affidavit for a repossessed vehicle (where allowed by law) must be sold “Title Attached/Title Unavailable/Title Absent,” with the Blue light on.
  13. In regard to defect in title, and in any matter relating to odometer mileage, odometer statements, or damage disclosure statements: Seller and Buyer agree to indemnify and hold harmless DCA from any liability, loss costs, damage or expense, including attorney fees which may arise either directly or indirectly from the sale and purchase of the vehicle.
  14. Subject to the dispute resolution process, whenever any claim is made by any person against the title of a vehicle, whether by suit or otherwise, the Buyer, after becoming aware of said claim, shall immediately notify DCA. This involves giving full particulars of claim, cooperating fully in defending any legal action, and in taking other steps to minimize possible loss.

Previous Canadian and/or Grey Market Vehicles:

  1. “Previous Canadian” disclosure is required for any vehicle (regardless of manufacturing origin) having been registered in a Canadian province. Additional announcements may be required as well due to the use in Canada (ie full or partial voided warranty, foreign title and etc.)
  2. Any vehicle not originally built to U.S. specifications can, under certain circumstances, be imported through a registered importer who modifies the vehicle to comply with U.S. equipment and safety regulations (DOT and NHTSA) and then certifies it as compliant, and an independent commercial importer who modifies the vehicle to comply with U.S. emissions regulations and then certifies it as compliant. Only vehicles properly converted to U.S. specifications can be sold and must be announced as such.
  3. Seller must inform DCA and disclose that a vehicle has grey market history at time of registration and must disclose that to the buyer in writing as an announced condition on all documentation supporting the transaction.
  4. If a vehicle was manufactured in Canada for the Canadian Market, the Seller is required to ensure that the Manufacturer affixed a U.S. Safety Standard Certification Label to the vehicle.
  5. All other vehicles imported must be imported through a Registered Importer.
  6. Registered Importers are required to post a bond with the U.S. Department of Transportation and/or National Highway Transportation Safety Administration.
  7. All vehicles imported through a Registered Importer must have:
    1. U.S. Safety Standard Certification Label that identifies the Registered Importer;
    2. Valid U.S. Title or Legal Foreign Title;
    3. Meet ALL Federal NHTSA, D.O.T. and/or E.P.A. Mandated Guidelines;
    4. Documentation must be provided at any time by seller v. Cleared the mandated “wait” time.

Unsafe Vehicles, Improper Mileage Claims and Vehicle Histories

  1. Vehicles may not be arbitrated based solely upon information provided in Electronic Data Vehicle Histories (EDVH) or printed EDVH reports. Seller is not bound by information listed in EDVH. Examples of EDVH include Carfax, AutoCheck, NMVTIS, etc.
  2. Buyer may investigate vehicle history based on information found in EDVH for information that may impact arbitration.
  3. Buyers may only arbitrate a vehicle based upon damage or defects that were present at the time of the sale of the vehicle.
  4. Vehicles with more than 25 miles from time of sale may be rejected by Buyer.

Dispute Resolution

Claims between Buyer and Seller

All Buyers and Sellers are subject to the dispute resolution process outlined below. This is a dealer to dealer community and as such we must respect ourselves. There is an expectation that as a community the parties shall use good faith efforts in an attempt to resolve any disputes that may arise between a Buyer and Seller. In the event the Buyer and Seller are unable to resolve a dispute DCA is here to help and DCA shall facilitate mediation between the parties. If mediation is unsuccessful DCA will arbitrate the matter and issue a final binding decision. All arbitrations are governed by the federal arbitration rules and DCA is bound by same. The decision reached by DCA shall be enforceable in a court of law between the parties. In the event a party to an auction requires DCA’s involvement in dispute resolution the process identified below must be followed and the application timely submitted. DCA will only address those disputes submitted and identified on the application.

DCA will not entertain complaints and/or disputes by Buyers regarding issues that were disclosed which Buyer failed to read. DCA will give serious consideration to all complaints and/or disputes from Buyers regarding facts and/or issues that should have been disclosed by Seller and were omitted from the disclosures.

Dispute Resolution Process

  1. Within forty-eight (48) hours of receipt of the vehicle, the parties must notify DCA of any potential problems with the vehicle. Except title disputes, the parties must notify DCA within forty-eight (48) hours from the expiration of the time in which Seller has to deliver title of a dispute regarding title. The dispute resolution application must be completed and submitted for timely notice to DCA of the dispute.
  2. The parties must use good faith efforts to resolve the potential dispute identified in step one and provide DCA with a statement affirmatively acknowledging the good faith efforts made to resolve the issue, including the efforts made and the responses received.
  3. DCA will mediate the claim between the parties.
  4. If mediation is unsuccessful, DCA will arbitrate the dispute and issue a binding decision enforceable in a court of law between the parties.

If DCA orders the return of the Vehicle, the Vehicle must be returned to Seller in the same or better condition that when purchased with no more than (25) miles.

DCA reserves the right to assess any fees incurred with the dispute resolution process to the Buyer. If the Buyer prevails, DCA reserves the right to assess any fees incurred with the dispute resolution process to the Seller.

Claims which are not subject to Dispute Resolution

  1. Kit vehicles, homemade vehicles, or modified vehicles are sold “As-Is” and cannot be submitted to the dispute resolution process for odometer, frame structural issues, warranty books, or model year.
  2. Noise and Inherent Conditions: Dispute resolution cannot be based on noises or conditions that are inherent or typical to a particular model or manufacturer unless deemed “excessive” by DCA on non-warranty items. OEM dealer.
  3. Manufacturer warranty guidelines will be used where applicable to determine whether the condition is excessive or inherent. Additional resources can be found on NAAA’s Standards page at www.NAAA.com.
  4. Manual Transmissions: Vehicles with standard (full or partial shift) transmissions cannot be submitted to the dispute resolution process for manual clutches or clutch assemblies unless the defect will not allow a safe test drive.
  5. Wearable Items: Auction will not accept for dispute resolution vehicles for wearable items normally worn vs excessively worn or inoperative (not inherent). For purposes of this policy wearable items are defined as parts of the vehicle that the manufacturer recognizes the need for replacement/adjustment during the expected life of the vehicle driven the average miles per model year (15k). These items are normally identified in the Owner’s Manual for routine check and replacement and would include, but are not limited to, air ride suspensions, tires, wipers, brake pads, shoes, rotors, belts, hoses, lubricants/fluids, timing belts, bulbs, filters, shocks and struts.

Governing Law, Arbitration, and Class Action/Jury Trial Waiver

  1. Governing Law. Buyers, Sellers and Users (referred to jointly hereinafter as “Users”) agree that (i) the platform and any auctions shall be deemed solely based in New York State; and (ii) the platform and any auctions shall be deemed a passive one that does not give rise to personal jurisdiction over DCA either specific or general, in jurisdictions other than New York State. These terms shall be governed by the internal substantive laws of the State of New York without respect to its conflict of laws principles. The Users acknowledge that these terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentence with respect to the substantive law, any arbitration conducted pursuant to these terms. The terms of any arbitration shall be governed by the Federal arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The Users agree to submit to the personal jurisdiction of the federal and state courts located in Nassau County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision including any provisional relief required to prevent irreparable harm. Users agree that Nassau County, New York is the proper forum for any appeals of an arbitration award or for trial court proceeding in the event that the arbitration provision below is found to be unenforceable.
  2. Arbitration of Claims against DCA. With respect to any claims made against DCA of any nature require the parties to arbitrate their disputes and limits the manner in which you can seek relief from DCA. For any dispute with DCA, User agrees to first contact DCA and attempt to resolve the dispute with DCA informally. In the event the DCA has not been able to resolve a dispute it has with User after sixty (60) days, User and DCA each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to the platform this agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Nassau County, New York unless Users and DCA all agree otherwise. Each party will be responsible for paying any JAMS filing, administrative arbitrator fees pursuant to and in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs or arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing DCA from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of any DCA data security, intellectual property Rights or other proprietary rights.
  3. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the platform for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. Users agree that, by entering into this agreement, Users and DCA are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

Miscellaneous.

  1. Entire Agreement/Severability.
    The terms of this agreement, together with any amendments and any additional agreements Users may enter into with DCA in connection with the platform shall constitute the entire agreement between Buyer and Seller and DCA concerning the platform. If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions to these terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
  2. No Waiver.
    No waiver of any term of these terms shall be deemed a further or continuing waiver of such term or any other term, and DCA’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
  3. Expiration of Claims.
    Any claim or cause of action any Users may have with respect to DCA or the platform must be commenced within one (1) year after the claim or cause of action arose.
  4. Indemnity.
    Buyers and Sellers jointly and severally agree to defend, indemnify and hold harmless DCA and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from, against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) Buyer or Seller’s use of and access to the platform, including any data or content transmitted or received by Buyer or Seller; (ii) Buyer or Seller’s violation of any term of these terms, including without limitation Buyer or Seller breach of any of the representations and warranties above; (iii) Buyer and Seller violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) Buyer or Seller’s violation of any applicable law, rule or regulation; (v) Seller information or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
  5. No Warranty.
    THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAIND BY BUYER OR SELLER FROM DCA OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DCA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PLATFORM WILL MEET USERS REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT USERS OWN RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD AT BUYER AND SELLER USE OF THE PLATFORM.

WHILE DCA TRIES TO MAKE SURE THAT ALL INFORMATION POSTED ON THE PLATFORM IS COMMUNICATED ACCURATELY, DCA CANNOT BE RESPONSIBLE FOR THE TYPOGRAPHICAL AND OTHER ERRORS THAT MAY APPEAR ON THE PLATFORM. IF THERE IS INCORRECT INFORMATION GIVEN ABOUT A VEHICLE, AVAILABILITY, DESCRIPTION, CONDITION OR MILEAGE DUE TO A TYPOGRAPHICAL ERROR, DCA IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION; BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. DCA RESERVES THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES LISTED.

THE PLATFORM MAY BECOME INACCESSIBLE OR IT MAY NOT FUNCTION PROPERLY WITH A USERS WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. DCA CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FORM PLATFORM CONTENT, OPERATION, OR USE OF THE PLATFORM.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO A PLATFORM USER. THIS AGREEMENT GIVES USERS SPECIFIC LEGAL RIGHTS, AND USERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DCA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUR OF OR RELATING TO THE USE OF OR INABILITY TO USE, THE PLATFORM. UNDER NO CIRCUMSTANCES WILL DCA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR ANY USE ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DCA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (VII) SELLER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DCA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DCA HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY USER. THIS AGREEMENT GIVES USERS SPECIFIC LEGAL RIGHTS, AND USERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The platform is controlled and operated from facilities in the United States. DCA makes no representations that the platform is appropriate or available for use in other locations. Users who access or use the platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Users may not use the platform if they are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.