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Last Modified: November 19, 2021
This Website is offered and available only to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Role of ACC Auctions
ACC AUCTIONS ACTS ONLY AS A WAY FOR BUYERS AND SELLERS TO MEET AND COME TO AN AGREEMENT ON THE SALES PRICE FOR ITEMS. ALL NEGOTIATIONS AND THE ACTUAL CONTRACT FOR SALE IS DIRECTLY BETWEEN THE SELLER AND BUYER. ANY DISPUTES ARE TO BE RESOLVED DIRECTLY BETWEEN THE BUYER AND SELLER. ACC AUCTIONS IS NOT A BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, OR EXCHANGE OF AN INTEREST IN ANY ITEM LISTED FOR SALE ON THE ACC AUCTIONS WEBSITE. ACC AUCTIONS IS ALSO NOT A TRADITIONAL AUCTIONEER, NOR DOES ACC AUCTIONS CALL BIDS AT A LIVE AUCTION. ACC AUCTIONS DOES NOT HOLD OR POSSESS TITLE FOR ANY ITEM LISTED FOR SALE ON THE ACC AUCTIONS WEBSITE. ACC AUCTIONS DOES NOT TRANSFER TITLE OR LEGAL OWNERSHIP OF ITEMS FROM THE SELLER TO BUYER. ACC AUCTIONS HOLDS NO INVENTORY, OFFERS NO GUARANTEE OF PURCHASE, SALE OR TRANSFER. ACC AUCTIONS IS NOT AN AGENT OF ANY USER. ACC AUCTIONS IS NOT A PARTY TO ANY AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY PURCHASE AND SALE OR AGENCY AGREEMENT WITH ANY USER. ACC AUCTIONS DOES NOT OFFER OTHER ANCILLARY PRODUCTS AND/OR SERVICES SUCH AS FINANCING, SERVICE CONTRACTS, MECHANICAL BREAKDOWN INSURANCE, REGISTRATION/TITLING, OR TRANSFER ESCROW SERVICES.
BUYING FROM ACC AUCTIONS
When bidding and/or buying a vehicle from ACC Auctions you are agreeing to the following key terms and conditions:
- All bids are binding, by confirming your bid amount you agree to pay that price for the vehicle
- The seller reserves the right to remove the reserve and accept a bid at anytime during the live auction or within 24 hours of the auction ending, at which point the high bidder will be declared the winner of the auction and the credit card on file will be charged for the 5% buyer's premium
- By placing a bid it is assumed that the buyer has done all the due diligence they need in order to feel comfortable buying the vehicle in an as-is sale.
- On a case-by-case basis, ACC Auctions may choose to reduce the amount of the buyer's fee in order to get a deal in place between buyer and seller.
- The seller is obligated to accept your winning bid amount as the vehicle's purchase price
- The buyer's premium is only refundable if the buyer can prove to ACC Auctions that the vehicle they purchased was significantly misrepresented. The severity of the misrepresentation and justification for a refund is at the sole discretion of ACC Auctions.
- Should a buyer decide to not follow through on their purchase without proper evidence provided to ACC Auctions, they will not be refunded their 5% buyer's premium
- Bids may be cancelled on a case by case basis, in the sole discretion of ACC Auctions
- After you have won an auction, it is expected that you complete your purchase in a timely manner. The seller reserves the right to move on to another buyer if the buying process is delayed for an extended period of time and/or the buyer become unresponsive.
- ALL ISSUES RELATED TO THE VEHICLE ITSELF ARE TO BE DEALT WITH THROUGH THE SELLER DIRECTLY, ACC AUCTIONS IS NOT RESPONSIBLE FOR ISSUES THAT COULD OR SHOULD HAVE BEEN NOTICED, QUESTIONED, OR INSPECTED DURING THE AUCTION.
- Offers submitted and accepted on Bid Continues listing follow all of the same terms and conditions as the live auctions
- If a buyer submits an offer and the seller accepts, the buyer's premium of 5% is due from the buyer immediately and it is expected the buyer will take the next steps towards completing their purchase.
ACC Auctions reserves the rights to:
- Refuse a buyer from placing any further bids for any reason deemed necessary
- Block a user from the ACC Auctions website
- Charge your credit card on file as soon as your bid is deemed the winning bid whether at the conclusion of the live auction, within 24 hours of the live auction, or once a Bid Continues offer is accepted.
- Remove or edit any comments or questions that are deemed inappropriate
- Adjust the reserve price as requested by the seller at anytime during the live auction or within 24 hours after the auction ends
- Reduce the amount of the 5% buyer's fee as needed in order to cover the difference between a final bid or offer and the seller's asking price to get the deal done.
SELLING WITH ACC AUCTIONS
By listing your vehicle with ACC Auctions you are agreeing to the following key terms and conditions:
- You certify that you have disclosed everything you know pertaining to the vehicle information, history, and condition.
- You are not knowingly selling a vehicle that is not in the condition that you are presenting it in.
- You are the owner or deemed responsible party to sell the vehicle
- The vehicle has a clear title
- You have access to the VIN
- You agree to sell the vehicle for the winning bid amount without any additional dollars or fees added.
- You agree to make all efforts to finalize the transaction with the buyer within a reasonable period of time, preferably 2 weeks or less unless mutually agreed upon alternative terms.
ACC Auctions reserves the rights to:
- Refuse a vehicle from being entered into the auctions for any reason
- Refuse a seller who has been known to be unresponsive or unwilling to complete a sale
- Transfer responsibility of payment for 5% buyer’s premium to a seller, should the seller back out of a sale for reasons deemed unacceptable by the auction host.
- Cancel a current auction at any point if deemed necessary
- Edit or adjust the listing description or photos as necessary
- Remove branding from a listing or username
- Edit the comment section as needed.
Accessing the Website and Account Security
We reserve the right to withdraw, modify, revise or amend this Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you shall treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You shall not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You shall not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request for prior written permission to: [email protected]
The Company name, the terms driveway deals, terms allcollectorcars.com the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Additionally, you shall not use any “hidden” text or metatags using the Company logo or other protected information owned by Company or its licensors.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, or asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is or may be malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, listing boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site shall be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Transfer responsibility of payment for 5% buyer's premium to a seller, should the seller back out of a sale for reasons deemed unacceptable by the auction host.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions shall not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Include any addresses (physical, postal or email), phone numbers or other personal contact information.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright (DMCA) Policy, found at (link) for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties and User Contributions, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by User Contributions or any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Listing Service Only, Certain Paid Services
The Website is a motor vehicle listing and information service only for registered users who wish to sell their motor vehicles to other registered users. COMPANY DOES NOT ACQUIRE, SELL, EXCHANGE, HOLD, OFFER, DISPLAY, BROKER, ACCEPT ON CONSIGNMENT OR AUCTION ANY MOTOR VEHICLES, WHETHER THROUGH THE WEBSITE OR OTHERWISE. COMPANY DOES NOT HOLD TITLE FOR ANY MOTOR VEHICLE LISTED ON THE WEBSITE OR PROVIDE ANY MOTOR VEHICLE TITLING, REGISTRATION, INSURANCE, REPAIR, WARRANTY, FINANCING OR ESCROW SERVICES WITH RESPECT TO THE MOTOR VEHICLES LISTED ON THE WEBSITE. The Website only uses the term “auction” periodically to designate the act or process of users making consecutive nonbinding offers to purchase a vehicle listed through the Website from the listing user and such use does not convert any nonbinding offer into a binding bid or render any listing a no-reserve auction or reserve price auction. You acknowledge that all offers made through the website are nonbinding.
By listing a motor vehicle with the Website, YOU SPECIFICALLY AGREE THAT NOTWITHSTANDING THAT THE WEBSITE MAY REMOVE YOUR LISTING IN COMPANY’S SOLE DISCRETION, SUCH LISTING IS COMPLETELY EXCLUSIVE THROUGHOUT THE TERM OF THE LISTING AND YOU WILL NOT LIST OR OTHERWISE PROVIDE SUCH VEHICLE FOR SALE OR ADVERTISEMENT THROUGH ANY OTHER SERVICE, AUCTION OR DEALERSHIP.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you shall not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Iowa in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected] .