Welcome to AutoSaver.com. Before you may become a member of AutoSaver, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. This agreement applies to any domains and subdomains of AutoSaver, and is always located in the footer of each webpage.

AutoSaver.com respects your privacy. Please take a moment to review our privacy statement. This Agreement is effective on December 1st, 2006, for current users, and upon acceptance for new users.

While using the Sites, you will not:

• post content or items in an inappropriate category or areas on the Sites;
• violate any laws, third party rights, or our policies.
• use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
• fail to deliver payment for vehicles purchased by you, unless the seller has materially changed the vehicle\'s description after you bid, a clear typographical error is made, or you cannot authenticate the seller\'s identity;
• fail to deliver vehicles purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer\'s identity;
• manipulate the price of any vehicle or interfere with other user\'s listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to AutoSaver;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to AutoSaver);
• transfer your AutoSaver account (including feedback) and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm AutoSaver, or the interests or property of AutoSaver users;
• copy, modify, or distribute content from the Sites and AutoSaver\'s copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.

AutoSaver and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

The fees and services provided by AutoSaver.com vary between the Public Online Retail Customer and the Registered Automobile Dealer.

1.Public Online Customers:

Joining AutoSaver and bidding on auction vehicles is free for everyone. At this time we do not allow the public to list vehicles for auction. Only registered Automobile Dealers have that service available to them. Future changes to this policy of allowing public users to post vehicles for auction may be subject to listing and usage fees.

2.Registered Automobile Dealers:

For Automobile Dealers to use any of the exclusive AutoSaver features they must first be accepted and Register with AutoSaver.com (see the Registration heading for details). AutoSaver Dealers are charged a monthly membership fee which includes the services of Inventory Manager and listing vehicles for auction. Before becoming an AutoSaver member you will have an opportunity to review the services and price you are agreeing upon. We hold the right to charge additional fees for using other services still in development. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.)

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

You will not hold AutoSaver responsible for other users\' actions or inactions, including things they post. We are not involved in the actual transaction between the Automobile Dealers selling and the public buying. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell vehicles, the ability of buyers to pay for vehicles, or that a buyer or seller will actually complete a transaction.

Once bidding on a vehicle, you are entering into a binding agreement between you and the Automobile Dealer selling the vehicle. All dealings upon being the auction winner will be between you and the applicable selling dealer. You are obligated to contact the selling dealer within 48 hours of auction close (or the following workday if it is a holiday or weekend).

Registration is required to bid and win vehicles on the AutoSaver auctions. It is free for the public retail customers to join and register on AutoSaver.com. In order to become a registered AutoSaver car dealer (Wholesale or Retail) an online registration form must be submited. This dealer registration form is subject to a background check to insure proper dealer licensing. Fees apply to Dealer Registrations. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing AutoSaver.com through any username/password assigned to you.

AutoSaver.com is a vehicle auction and listing service that brings together buyers and sellers of cars. Information about a particular vehicle is supplied by the seller, not by AutoSaver.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on AutoSaver.com often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Though we hope that all who come to AutoSaver.com will act honorably and treat each other fairly, we ca\'t verify the information sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the check he/she gets from the buyer isn\'t going to bounce. When using this website to buy a auction car, we urge you to use the same common sense and good judgment you would use in buying a car through, or responding to, a classified ad in the newspaper.

In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay display of your listing. We may also screen some email messages sent to sellers about vehicles listed on AutoSaver.com for training and research purposes.

When you offer a vehicle for auction or sale through AutoSaver.com, you must be prepared to sell that vehicle at the price at which, and the terms on which, you\'ve listed it. You must have possession of the actual vehicle listed and the ability to transfer title. To post a vehicle for auction on AutoSaver.com, dealers are required to provide certain identifying and contact information. The contact and identity information will be verified upon registration to AutoSaver.

Though we can not monitor every transaction that originates on AutoSaver.com, we may perform random quality assurance tests to confirm that the Dealers who offer vehicles for sale are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. By using our AutoSaver auctions, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, AutoSaver.com reserves the right to deny that seller use of the Site. AutoSaver reserves the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. Furthermore, auctions found unacceptable or inappropriate may be ended by AutoSaver.com at any time.

By using AutoSaver.com you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy AutoSaver.com. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.

For your convenience, we make available a variety of links to other websites that we do not operate where you can obtain automotive related products and services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. AutoSaver.com is not responsible for the products or services these vendors provide. You release AutoSaver.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.

For your convenience, we make available links to websites operated by car dealerships that list their cars in our Site. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release AutoSaver.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of AutoSaver and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; may results in the suspension of your access to the site and possible legal prosecution.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the AutoSaver Privacy Policy. We view protection of users\' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the AutoSaver Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys\' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Sites. Additionally, we will notify you through email and the Sites\' My AutoSaver and Dealer Control Center message tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Buying and Selling Vehicles, and Indemnity.