Terms of use Agreement

A. Membership

You are entering a legally binding agreement. These Member Terms and Conditions, together with the Website Terms of Service, the Privacy Policy, and all Rules & Policies posted on our Website (referred to as the “Agreement” or “Contract”), outline the terms governing your access to and use of our Membership Services and affiliated dealers and dismantlers (“Dealers”) Services, as defined below. This Agreement is between the applicable Contracting Party (“we”, “us”, “our”, “Auto4Export”), and you or the entity you represent (“you", “You”, “Your”). Membership Services encompass the use of our Websites, applications, tools, and services collectively referred to as "Membership Services." Dealer Services include the purchase and sale of items through third-party auctions. The Website Terms of Service, the Privacy Policy, and all Rules & Policies posted on our Website are explicitly incorporated into this Agreement.

It's important to note that this Agreement impacts your legal rights and includes provisions governing the resolution of claims between you and Auto4Export and/or the Dealers (refer to Section I - Dispute Resolution). We strongly advise reading the entire Agreement before accepting it. If you object to any part of this Agreement or do not understand or agree to be bound by it, refrain from using our Services. By utilizing our Membership Services, you express agreement and acceptance of this Agreement. You can print a copy of this Agreement using your browser's print feature and are encouraged to keep a copy for future reference.

Please be aware that we reserve the right to modify this Agreement at any time. We will notify you of such changes, and it is your responsibility to review any modifications. If you disagree with any changes or do not comprehend or accept them, refrain from using our Services. Continuing to use our Membership Services after being notified of changes signifies your agreement and adherence to the modified Agreement.

By using our Website, Membership Services, and Services, you authorize us to charge any credit card on file for fees, payments, or any other amount due under this Agreement.

Auto4Export has established the pricing of its Membership Services and other Services based on your acceptance of disclaimers, waivers, and risk allocations as outlined in this Agreement. Our Dealers are intended third-party beneficiaries of this Agreement. You acknowledge that all disclaimers, waivers, and risk allocations provided herein are fundamental to the agreement between you and us. Without these provisions, neither we nor our Dealers would provide the Services at the prices specified in our Rules and Policies.

B. About Auto4Export

We operate a membership service providing access to an extensive online auto auction marketplace, offering the largest auto auction inventory in North America through Auctions. ("Auctions"). Our platform facilitates the purchase of various vehicles (referred to as "vehicles" herein) available for bidding from independent third-party sellers via auto auctions, managed by our associated Dealers.

Under the terms of this Agreement, a designated Dealer from our network will fulfill your chosen purchase from our Website. Prior to participating in any bidding or making a purchase, a security deposit is mandatory, as outlined in our Security Deposit Rules & Policies. All fees and amounts for services provided by our Dealers must be settled by you. The specific fee amount and collection procedure are detailed in our Rules & Policies. Your cooperation is essential, including responding to calls and emails, and furnishing necessary information and documents for the processing of your purchase, vehicle transfer, or registration.

Upon registering with Auto4Export, you acknowledge that you are enrolling in Membership Services with the relevant entity mentioned above. It is crucial to understand that your purchases will be facilitated through one of our Dealers, and you are not registering with or acquiring vehicles directly from Copart or the mentioned entities. You explicitly recognize that we and our Dealers retain the right to assign some or all of the rights under this Agreement to any affiliated entities, and you consent to such assignment.

If you have inquiries about your membership, kindly contact the appropriate entity based on your location. For questions regarding vehicle purchases, ownership documents, or any services, please reach out to our Buyer Services Center at the following:

Auto4Export LLC
2305 4th street
Tucker, GA 30084
+1 (770) 544-7003 (phone/text/sms)
Email: [email protected]

While we may provide information received as part of our Services, it serves as an unverified starting point for your research on any vehicle you intend to purchase. Additional information, such as Vehicle History ("VIN reports"), may be available from third parties on our site, but its accuracy or completeness is the responsibility of that third party, not us or our Dealers.

By utilizing our Services, you acknowledge that neither we nor our Dealers:

• (a) endorse independent third-party sellers of the vehicles available through our Services;
• (b) own or possess the vehicles available for purchase (unless explicitly listed as the seller);
• (c) guarantee the accuracy or completeness of Vehicle Information or VIN reports; and
• (d) make any representations, warranties, or guarantees regarding the quality or condition of vehicles available through our Services.

You assume sole responsibility for any warranty service work on vehicles purchased through our Services (refer to Section G - Disclaimers).

Purchasing a used or salvage vehicle through an online auto auction marketplace carries inherent risks, and it is your responsibility to inspect any vehicle before placing a bid.

C. Your Use of Auto4Export's Website

Before proceeding, we strongly advise reviewing our Website Terms of Service for comprehensive details on terms and conditions pertaining to your access and utilization of our website. It's crucial to understand and adhere to these additional guidelines for a seamless experience while using Auto4Export's online platform.

D. Your Privacy

Ensuring your privacy is a top priority for us. We urge you to thoroughly examine our Privacy Policy. This document provides comprehensive insights into the collection, utilization, disclosure, retention, and protection of your personal information. We are committed to safeguarding your privacy at every step.

E. Rules & Policiesy

To ensure compliance with diverse state and federal regulations, not all vehicles listed on our Website are available for purchase by all members. State regulations may impose limitations on directly purchasing vehicles within your residing state. Prior to bidding on any vehicle, it is imperative to verify with your DMV the restrictions on registering the desired vehicle.

For vehicles located in the same state as a member’s address, delivery is facilitated by one of our Dealers or their preferred transportation company, incurring an additional fee. If considering bidding on a local vehicle, contact the Buyer Services Center (details above) to explore options and additional costs.

Bidding on a vehicle via our Services indicates your confirmation of meeting state regulations and eligibility to purchase such vehicles. Invoices for purchases will be issued by the Dealer, with payments directed to them. Payments should clearly indicate the member's name, along with the name and address of the payer if different from the member. In the case of third-party payments, any overages or refunds will be returned to the third-party payer, not the member.

Review our comprehensive Rules & Policies for additional terms and conditions relevant to your use of our Services.

F. Your Member Account

To access specific features on our Website and utilize our Services, registration is mandatory to create a singular account, known as a "Member Account." Acceptance of this Agreement is a prerequisite for account creation. Subsequent revisions necessitate your agreement to maintain access to Membership Services. Each entity or individual is permitted only one membership, and memberships are non-transferable. It's essential to note that state and country-specific registration requirements, along with pertinent laws, regulations, and restrictions, may impose further limitations on member registration and vehicle purchasing eligibility. We retain the authority, at our sole discretion, to withhold Membership Services from any individual or entity. For further details, please refer to our Rules & Policies.

G. Disclaimers

G.1. General Vehicle Condition and History Disclaimer

All vehicles are sold "AS-IS," "WHERE IS," and "WITH ALL FAULTS."

Vehicles are sold by our Dealers; we do not engage in the buying or selling of vehicles.

You acknowledge that vehicles sold through our Services come without any warranty, whether express or implied. This includes, but is not limited to, warranties of fitness for a particular purpose or merchantability.

Vehicles sold through our Services are not asserted to be in road-worthy condition or mechanically sound.

You recognize that these vehicles may harbor latent, hidden, or undisclosed damage or other conditions not immediately evident.

Vehicles sold through our Services might not be suitable for use as a means of transportation, may not comply with local, state, or federal emissions standards, and may necessitate significant repairs at your expense.

It is exclusively your responsibility to verify, research, inspect, and investigate any vehicle, along with all related Vehicle Information (as defined in Section G.2 (Vehicle Information Disclaimer)), before placing bids or making purchases through our Services.

G.2. Information Disclaimer

Vehicle Information is provided solely for convenience. Neither Auto4Export nor our Dealers guarantee the accuracy or completeness of the information provided.

"Vehicle Information" encompasses all information related to a vehicle listed on our Website, presented in written, oral, or digital form. This includes, but is not limited to, details like year, make, model, body style, color, drive type, engine type, cylinders, fuel type, condition, damage amount, damage type, primary damage, secondary damage, mileage, odometer, odometer descriptions, runs and drives status, vehicle identification number ("VIN") or serial number, title or ownership document type, title or ownership document state, title or ownership document history, estimated retail value, actual cash value, repair estimate, estimated repair cost, repair history, total loss history, airbag deployment, keys, any Auction Highlights, and all other information (including images) listed on any lot listing page and the "Lot Details" for any vehicle.

The vehicles listed on our Website are not owned by us or our Dealers. Consequently, all Vehicle Information is provided by the auction seller (via Auctions as the auction operator). This information is not reviewed or confirmed by us, our Dealers, or Auction, as no inspections are conducted. It's important to note that Vehicle Information may contain inaccuracies, errors, and omissions. We and our Dealers explicitly disclaim all representations, warranties, or guarantees regarding the accuracy or completeness of any Vehicle Information or Auction Highlights. Vehicle Information serves as a starting point for your research into the history, title, condition, and other aspects of the vehicle. We strongly advise you to inspect, or have someone inspect on your behalf, any vehicle before placing bids or committing to a purchase.

You agree not to rely on any Vehicle Information, Auction Highlights when deciding whether or how much to bid on a vehicle.

G.3. Not Professional Advice; Information Only

Any information or advice acquired through our Services, including our Website, and our phone, email, and chat support services, is intended for informational purposes only. While our Buyer Service Center is available to assist you and address your queries, it's essential to note that they are not mechanics, experts, or trained professionals in any vehicle-related field. They have not physically viewed the vehicles, nor do they have the capability to do so. As we lack verified information about the vehicles, if you have questions regarding the vehicle's status, title, condition, or any other aspect, it's imperative to inspect the vehicle, have it professionally inspected, and/or consult with an appropriately trained and qualified professional before placing any bid or making any purchase.

You agree not to rely on any information, guidance, or advice obtained from Auto4Export, our Website, or Auction’s website when deciding whether or how much to bid on a vehicle.

G.4. VIN Disclaimer

In certain jurisdictions, vehicles may be permitted to be sold with missing VIN plates. We want to clarify that we do not assert that vehicles sold through our Membership Services are equipped with any or all VIN plates.

G.5. Emissions Laws and Standards Disclaimer

Vehicles acquired through our Services are not guaranteed to meet, nor are they assured to be modifiable, alterable, or repairable to meet local emissions or safety laws and requirements. Additionally, vehicles purchased via our Services are not represented, warranted, or guaranteed to have a catalytic converter.

G.6. Keys Disclaimer

It's important to note that vehicles purchased through our Services are not guaranteed to have keys. Whether or not a vehicle comes with keys, regardless of indications in the auction listing, the presence of keys in images, or their prior existence in the vehicle before the time of purchase, is not represented, warranted, or guaranteed.

G.7. Title and Registration Laws Disclaimer

Given the variations in applicable laws and regulations, it's essential to understand that a vehicle listed with a "clean," "clear," or similar title may possess a salvage history. Regardless of the initial title indication on the auction listing, the title may transform into a salvage, reconstructed, or otherwise branded title upon registration in your state or any other jurisdiction. Processing times for titles or ownership documents may take 5-7 weeks, potentially incurring additional fees.

Buyers of vehicles titled as “Certificates of Destruction,” “Non-Repairable Vehicle Certificates,” “Junk Certificates,” or with other brands indicating no resale value except as parts or scrap, will receive Purchase Agreement Documents for the parts or scrap purchase, not a physical title. Exporting such a vehicle requires contacting our Buyer Services Center beforehand, with additional fees and a processing time of two to six weeks.

Registration laws vary and are subject to change. Vehicles purchased via our Services are not guaranteed to be legally registered in any state or jurisdiction. There's no assurance you'll receive the specific title or ownership document listed on the lot listing page. It's your responsibility to determine registration feasibility and title type in your state or any jurisdiction, accepting all risks associated with variations in vehicle title and registration laws.

G.8. Paperwork Processing Disclaimer

We and our Dealers are not liable for defects, errors, or omissions related to (a) any paperwork not processed by us, (b) any made by a governmental agency, or (c) any made by a title processing clerk. Neither we nor our Dealers are responsible for titles or ownership documents lost in the mail. Duplicate title or ownership document requests may lead to delays and additional processing fees.

G.9. NMVTIS Reporting Disclaimer

Vehicles available for purchase using our Services may be reported to the National Motor Vehicle Title Information System ("NMVTIS"), and transaction data related to these vehicles may be reported as well. You accept all associated risks with NMVTIS reporting, including potential reporting requirements if you purchase a vehicle through our Services. For more NMVTIS information, visit www.vehiclehistory.gov.

H. Limitation of Damages, Release of Liability, and Indemnification

Any release, disclaimer, indemnification, or limitation stated elsewhere in this Agreement is part of the agreement between you and Auto4Export and applies to all Claims (as defined in Section (Dispute Resolution)), even if Auto4Export has been advised of the possibility of liability or damage and even if these remedies fail their essential purpose. Some jurisdictions may not allow the types of limitations in this section, so they may not apply to you.

H.1. Limitation of Damages

• - To the extent permitted by applicable law, Auto4Export and their Dealers shall not be liable for any damages or losses arising from disclaimers in this agreement (including Section 7 (Disclaimers)) or on Auto4Export's Website.
• - No liability for indirect, incidental, special, consequential, or punitive damages, loss of use, data, opportunity, goodwill, reputation, profit, or revenue, or costs or expenses (including attorney fees) for any Claim (as defined in Section I (Dispute Resolution)) not amounting to a willful or intentional wrong.
• - In the event of liability, Auto4Export and the Dealers' total liability shall not exceed the fees paid by you to Auto4Export related to the transaction or vehicle leading to the liability.
• - If no such fees were paid, Auto4Export's total liability shall not exceed Five Hundred Dollars ($500).

H.2. General Release of Auctions

• - Auctions are not a party to this Agreement or transactions using our Services.
• - You release Auctions from any and all liability for losses or damages related to any Claim (as defined in Section I (Dispute Resolution)).
• - Waiver of protections that would limit the scope of this release.
• - Agreement to pay reasonable costs and expenses incurred by Auctions in connection with obtaining a stay or dismissal of any Claim.

H.3. Liability to, and General Release of, Auto4Export

By entering into this Agreement, you acknowledge and agree that you will be held liable for any breach of the terms outlined herein. In consideration for the services provided by Auto4Export and our Dealers, you unconditionally release Auto4Export and our Dealers from any and all liability, including but not limited to the following:

• 1. Compliance with Rules & Policies: Your failure or refusal to strictly comply with our Rules & Policies.
• 2. Dealer Auctions: Any action taken or not taken by our Dealers.
• 3. Vehicle Condition Notification: Your failure or refusal to notify the Buyer Services Center of any issues or conditions of a vehicle before its removal from the Copart facility.
• 4. Member Account Confidentiality: Your failure or refusal to keep your Member Account login information confidential.
• 5. Bids, Purchases, and Payments: Any bids, purchases, and/or payments made via your Member Account.
• 6. Account Termination or Suspension: Our termination or suspension of your Member Account.
• 7. Account Cancellation: Your cancellation of your Member Account.
• 8. Security Deposit Usage: Our decision to use or not to use all or any portion of your Security Deposit to pay any unpaid account balance.
• 9. Bid Rejection or Cancellation: Any rejection or cancellation of any bid.
• 10. Vehicle Sale Changes: Any postponement, cancellation, or withdrawal of a vehicle from a sale.
• 11. Acceptance or Rejection of "On Approval" or "On Minimum Bid" Vehicles: The acceptance or rejection of any bid for any "On Approval" or "On Minimum Bid" vehicle.
• 12. Knowledge of Fees and Charges: Your failure or refusal to know the type and amount of applicable fees and charges related to your use of our Services.
• 13. Timely Payments: Your failure or refusal to pay any amount due within the specified time period.
• 14. Vehicle Removal Timing: Your failure or refusal to arrange proper and timely removal of any vehicle from the Copart facility within the specified time period.
• 15. Ownership Transfer Refusal: Our Dealers' refusal to release any vehicle, vehicle title, or ownership documents due to any unpaid account balance or your violation of this Agreement.
• 16. Refund Issuance Refusal: Our and/or our Dealers' refusal to issue you a refund for any reason.
• 17. Abandoned Vehicle Declaration: Our Dealers' declaration that any vehicle is "abandoned" due to your failure to remove it within the specified time.
• 18. Vehicle Inspection: Your failure to inspect a vehicle before placing a bid.
• 19. Post-Auction Damage or Loss: Any damage or loss of your vehicle occurring after the auction but before its removal.
• 20. Compliance with Laws: Your failure or refusal to comply with this Agreement or any applicable law or regulation during vehicle removal.
• 21. Cooperation with AutoBidMaster and Dealers: Your failure to cooperate with us and our Dealers, including timely completion of your responsibilities.
• 22. Third-Party Service Usage: Your use of any service provided by any third party, including recommended service providers.
• 23. Premises Incidents: Any bodily injury, property damage, or other occurrences on Auto4Export’s premises.
• 24. Request Denial or Rejection: Our denial or rejection of any request or demand by you not complying with this Agreement.

You expressly waive any statutory or other protections limiting the scope of this release to claims known or suspected at the time of agreeing to this release. This release includes claims arising from sole or partial negligence by AutoBidMaster, our Dealers, or Auctions.

H.4. General Indemnification of Auto4Export, their Dealers, and Auctions

Members waive rights to recover from Auto4Export, Dealers, and Auctions for any damages, losses, liabilities, costs, expenses, or claims arising from bodily injury, property damage, noncompliance with laws, violation of the Agreement, or any other agreement between the parties. Members agree to indemnify, defend, and hold Auto4Export Indemnitees harmless from related damages, losses, liabilities, costs, expenses (including attorneys’ fees), and claims by third parties. Indemnification scope includes enforcement and defense of Agreement provisions.

H.4.1. Scope of Indemnification

1. Notice: Auto4Export shall promptly notify you in writing of any Third-Party Claim, specifying details and claimed damages within 90 days of awareness.

2. Control: You have the right to control and defend a Third-Party Claim, ensuring protection of Auto4Export Indemnitees' interests. Auto4Export may take control if your defense doesn't fully protect their interests.

3. Settlement: The controlling party may consent to settlement with the following conditions:

• - You may not settle without Auto4Export's written consent, not unreasonably withheld.
• - Auto4Export may not settle without your written consent, not unreasonably withheld.
• - Auto4Export reserves the right to directly settle any claim against Auto4Export and/or Dealers.

H.5. Waiver of California Civil Code § 1542

- If you are a California resident, you waive California Civil Code § 1542, which restricts the scope of a general release. This waiver includes unknown claims that, if known, might have affected settlement.

Note: This is a legal document, and it's advisable to consult with legal professionals for precise interpretation and implications.

I. Dispute Resolution

You and Auto4Export mutually agree that any claims, demands, controversies, disputes, or actions arising from or connected to this Agreement, your Member Account, your association with us, your utilization or inability to utilize our Services (via our Website or otherwise), or any vehicle you bid on or acquired through our Services (collectively referred to as "Claim") will be addressed following the guidelines detailed in this section. It is imperative to thoroughly review this section, as it directly impacts your legal rights and significantly influences the resolution process for any Claims between you and Auto4Export.

I.1. Limitations Periods

Unless restricted by applicable law, you expressly acknowledge that, irrespective of any conflicting statutes or laws, ANY CLAIM MUST BE INITIATED WITHIN ONE YEAR from the date on which the Claim arose; otherwise, it will be permanently precluded. This stipulated limitation period is considered reasonable, given the nature of the transactions envisioned in this Agreement.

I.2. Applicable Law

You consent to the application of the laws of the State of Georgia to govern any Claims associated with Membership Services, matters related to the purchase and sale of items. Irrespective of any conflict of laws principles and without consideration for your state or country of residence, domicile, origin, or the location from which you accessed our Website or Services, you affirm your commitment to be bound by the laws of this respective state.

I.3. Notice of Dispute Form

In an effort to circumvent legal proceedings, and with the shared hope of resolution, if either party intends to pursue a Claim against the other, a completed Notice of Dispute form must be submitted.

Should you wish to initiate a Claim against Auto4Export, the completed Notice of Dispute must be sent via certified mail to the following address:

Auto4Export LLC
2305 4th street
Tucker, GA 30084

It's crucial to note that Letters or Disputes written on the Notice of Dispute forms but not sent via Certified Mail will not be considered a valid Notice of Dispute.

If a Claim is being pursued against you, a completed Notice of Dispute will be dispatched to the address associated with your Member Account. It is your responsibility to maintain the accuracy of your address through your My Account page. Ensure that all information required in the Notice is provided, including a comprehensive description of the nature and basis of the asserted claims and the relief sought.

In the event that the issues raised in the Notice of Dispute remain unresolved thirty (30) days after the Notice is received via Certified Mail, or if a written denial or rejection of the Claims is received by the complaining party within this timeframe, either party reserves the right to initiate arbitration in accordance with Section I.4 (Agreement to Arbitrate). Importantly, neither party is obligated to complete and send a Notice of Dispute form to pursue any Claim as a counterclaim against the other party in any ongoing legal action.

I.4. Agreement to Arbitrate

Both parties, namely you and Auto4Export, hereby mutually agree that any Claim shall be exclusively resolved through final and binding arbitration, eschewing litigation in any court. Additionally, both parties expressly waive any entitlement to a jury trial under the terms of this Agreement to Arbitrate. You specifically undertake not to initiate or file any legal action, including but not limited to litigation, arbitration, or small claims actions, against Auto4Export, our Dealers, or any of Auto4Export’s vendors, such as Auctions, except as explicitly outlined in this Agreement.

Should you breach this Agreement by filing or initiating litigation, including local or small claims actions, all applicable limitations periods will not be tolled during the course of any ongoing litigation or action. In the event you commence such legal proceedings, you hereby commit to covering all associated costs, encompassing court fees and attorney's fees incurred by the Company in connection with its endeavors to dismiss or transfer such litigation or action to arbitration, as stipulated herein.

I.4.1. Prohibition of Class and Representative Actions and Non-Individualized Relief

BOTH PARTIES, NAMELY YOU AND Auto4Export, HEREBY MUTUALLY AGREE THAT ANY CLAIM BROUGHT FORTH SHALL BE STRICTLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THIS AGREEMENT STANDS UNLESS THERE IS EXPRESS WRITTEN CONCURRENCE FROM BOTH YOU, Auto4Export, AND THE DEALERS (IF APPLICABLE).

IN THE ARBITRATION PROCEEDINGS, THE ARBITRATOR IS EXPLICITLY PROHIBITED FROM CONSOLIDATING OR JOINING MORE THAN ONE PERSON'S OR PARTY'S CLAIM. FURTHERMORE, THE ARBITRATOR IS BARRED FROM PRESIDING OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION OR PROCEEDING. THE ARBITRATOR IS EXCLUSIVELY EMPOWERED TO GRANT RELIEF, INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF, SOLELY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING SUCH RELIEF AND ONLY TO THE EXTENT REQUIRED TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM. IT IS EMPHASIZED THAT ANY RELIEF AWARDED IN ARBITRATION CANNOT IMPACT OR INFLUENCE OTHER Auto4Export MEMBERS.

I.4.2. Arbitration Procedures

Arbitration, as outlined in this section, offers a more informal alternative to a court lawsuit. It employs a neutral arbitrator in lieu of a judge or jury, with limited court review of the arbitration award. Nevertheless, an arbitrator possesses the authority to grant the same damages and relief on an individual basis as a court would.

The arbitrator, not any federal, state, or local court or agency, exclusively handles dispute resolution concerning the interpretation, applicability, enforceability, or formation of the Agreement to Arbitrate or this Agreement. The arbitrator's rulings in prior arbitrations involving the same Auto4Export member are binding to the extent required by applicable law, but not so for different Auto4Export members.

Arbitration proceedings for Membership Services-related Claims will be conducted remotely through the American Arbitration Association (AAA), following its rules and procedures. Claims not related to Membership Services will be arbitrated in Atlanta, Georgia, with specific modifications:

• 1. The arbitration hearing must occur within 120 days of initiation.
• 2. For claims not exceeding $10,000, the dispute may be resolved through document submission, with an oral hearing at the arbitrator's discretion.
• 3. Each party must appear in person for the arbitration hearing unless the claim is under $10,000.
• 4. Discovery of documents is limited to those each party intends to rely on during arbitration.
• 5. Documents presumed admissible include this Agreement, sale documents, and relevant emails.
• 6. Legal issues may be resolved via summary disposition before the arbitration hearing.
• 7. Parties must exchange exhibits at least two business days before the hearing.
• 8. The arbitration may proceed in the absence of a non-appearing party, with awards possible for defaults.
• 9. For total relief exceeding $100,000, a party may appeal legal errors and erroneous factual findings.

To initiate arbitration proceedings, complete the arbitration form available on AAA's website for Membership Services-related Claims and ASP's website for all other Claims. Additionally, send a copy of the completed form via certified mail to Auto4Export's Buyer Services Center at the specified address, including "Re: Arbitration Claim."

Please note that settlement discussions or offers are not admissible to the arbitrator.

I.4.3. Costs of Arbitration

All filing, administration, and arbitrator fees will be subject to the rules of the arbitration company, unless expressly stated otherwise in this Agreement to Arbitrate.

I.4.4. Severability

Except for the provisions in Section I.4.1 (Prohibition of Class and Representative Actions and Non-Individualized Relief), if an arbitrator or court determines that any part of this Agreement to Arbitrate is invalid or unenforceable, the remaining sections will remain in effect. If a court finds any provisions in Section I.4.1 invalid or unenforceable, the entire Agreement to Arbitrate becomes null and void. The rest of this Agreement, including all other provisions of Section I – Dispute Resolution, will remain applicable.

If an arbitrator or court deems the requirement outlined in Section I.4.2 (Arbitration Procedures) regarding the location of arbitration invalid or unenforceable, the other parts of this Agreement to Arbitrate will still be effective. The arbitration may then be conducted remotely when feasible or in accordance with the rules and policies of the arbitration company. Auto4Export and/or Dealers (if applicable) may participate by telephone unless the arbitrator mandates otherwise.

I.4.5. Opt-Out Procedure

YOU HAVE THE OPTION TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY SENDING Auto4Export A WRITTEN OPT-OUT NOTICE. THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU INITIALLY ACCEPT THIS AGREEMENT. MAIL THE OPT-OUT NOTICE VIA CERTIFIED OR REGISTERED MAIL, RETURN-RECEIPT REQUESTED, TO:

Auto4Export LLC
Attn: Legal Department
Re: Opt-Out Notice
2305 4th street
Tucker, GA 30084

For your convenience, the Opt-Out Notice form, which you must complete and send via Certified or Registered Mail to Opt-Out of the Agreement to Arbitrate, is available [here](link to the form). Provide the required information in the form, including your name, address (street address, city, state, and zip code), Member Account login information, and the email address associated with your Member Account to which the Opt-Out Notice applies. Your signature is necessary for the Opt-Out Notice to be effective. This is the exclusive method for Opting-Out of the Agreement to Arbitrate. If you Opt-Out, all other aspects of this Agreement (including Section I – Dispute Resolution) will still apply. Opting-Out of this Agreement to Arbitrate does not affect any previous, different, or future arbitration agreements you may have with Auto4Export.

I.4.6. Future Changes to the Agreement to Arbitrate

Any modifications to the agreement to arbitrate in the future, excluding changes to notice addresses or website links provided herein, will not apply to Claims filed in a legal action or proceeding before the change's effective date. The revised agreement will affect all other Claims under the Agreement arising after or that may arise post the modification's effective date. You will receive notification of any changes to this Agreement when logging into the Website. If you object to or do not understand or agree to the revised Agreement, you should discontinue using our Membership Services and Services.

I.5. Judicial Forum for Claims

If the Agreement to Arbitrate under Section I.4 (Agreement to Arbitrate) is deemed inapplicable to you or a specific Claim, either due to your Opt-Out decision, mutual agreement, or any decision by an arbitrator or court, you consent that any Membership Services-related Claim must be exclusively resolved in state or federal courts (excluding small claims court) located in or for Atlanta, Georgia. All other Claims must be settled in state and federal courts (excluding small claims court) for DeCalb County, Georgia. You agree to the venue and personal jurisdiction of such courts for litigating all such Claims.

To the extent permissible by applicable law, you voluntarily and expressly waive (or refrain from exercising) any statute or law providing the right to revoke or invalidate this mandatory forum selection clause (or any part of it).

It is understood that this section does not prevent any party from enforcing or seeking to collect on any judgment in any jurisdiction permitted by applicable law.

I.6. Attorney Fees

Each party is responsible for its own costs, expenses, and attorney fees incurred in any cause or action, except in cases where we or our Dealers pursue action against a member for violating Sections H and I, relating to the collection of amounts due under this Agreement, as outlined in the arbitration company's rules, or as mandated by applicable law. Any mention of attorney fees in this Agreement includes compensation for Auto4Export and Dealers' in-house attorney(s) at a rate not less than Three Hundred Dollars per hour. Except as explicitly stated herein, there is no inherent entitlement to costs and expenses (including attorney fees), even for the prevailing party.

I.7. Service of Process

You expressly agree to accept service of process through Certified or Registered mailing of a copy of the summons and complaint to the address listed in your Member Account on the date of mailing. It is your responsibility to ensure your account information is up-to-date via your My Account page.

I.8. Off-Sets

Auto4Export and its Dealers retain the right to offset any amounts owed to you if either is owed sums from you or if you are in breach of this Agreement.

J. General Provisions

J.1. References to Parties

Any mention in this Agreement of any individual or entity (including yourself, Auto4Export, our Dealers, and Auction) shall encompass its respective directors, officers, shareholders, members, employees, representatives, agents, subsidiaries, partners, affiliates, and assigns.

J.2. Construction and Interpretation

The headings in this Agreement are provided for convenience and will not impact the meaning or interpretation of any provision. References to "section" or "sections" without additional identification refer to the respective sections in this Agreement. The singular includes the plural, and vice versa, and masculine, feminine, and neuter terms include each other as context requires. The terms "include" or "including" are deemed to be followed by "without limitation."

J.3. Time is of the Essence

Time is crucial for all dates and time periods specified in this Agreement.

J.4. Notices

We may provide notices through various means, including banners on our Website, emails to your provided address, or other methods. It is your responsibility to keep your account information updated.

J.5. Translations

Translated versions of our Website, Services, or this Agreement are provided for convenience. The English version is the official and authoritative version. In case of any discrepancies, refer to the English version.

J.6. Third-Party Beneficiaries

Except as expressly stated, Auto4Export Inc, our Dealers, and Auctions are the only Third-Party Beneficiaries of this Agreement.

J.7. No Joint Venture

This Agreement does not create any independent contractor, partnership, joint venture, employer-employee, principal-agent, or franchisor-franchisee relationship.

J.8. Waiver

The failure to enforce any provision does not waive the right to enforce it later. Waivers must be in writing and signed by the waiving party.

J.9. Severability

If any provision is found unenforceable, it will be modified to the maximum extent possible. If still unenforceable, it won't affect the remaining provisions.

J.10. Survival

Obligations after termination survive the ending of your Member Account or this Agreement.

J.11. Integration

This Agreement is the entire agreement, replacing prior agreements. No representations, warranties, or promises outside of this Agreement apply unless in writing.

J.12. Contacting Auto4Export

You can contact us at:

Auto4Export LLC
2305 4th street
Tucker, GA 30084
+1 (770) 544-7003 (phone/text/sms)
Email: [email protected]