Elite Auto Auctions Site User Agreement

Effective Date: January 24, 2025

1. Introduction Welcome to EliteAutoAuctions.com ("Site"). By accessing, registering, or placing bids on this Site, you agree to be bound by the terms and conditions of this Elite Auto Auctions Site User Agreement ("Agreement") and any related policies incorporated herein by reference. This Agreement governs your use of the Site and all services provided by Elite Auto Auctions ("Company", "we", "our"). If you do not agree to these terms, please refrain from using our services.

2. Acceptance of Terms By registering on the Site, you acknowledge that you have read, understood, and agree to comply with this Agreement, our Privacy Policy, and our Fees and Refund Policy. You further consent to receive communications, including SMS messages, from us. To opt-out of SMS notifications, please contact us at [email protected].

3. Amendments to the Agreement

Modifications: We reserve the right to amend this Agreement at any time by posting updated terms on the Site. Changes become effective immediately upon posting.

User Notification: We may also notify you via email or account alerts. Continued use of the Site after changes constitutes acceptance of the revised terms.

4. Registration Eligibility

Eligibility: Our services are available only to individuals who are legally capable of entering into binding contracts. Users under the age of 18 are prohibited from using the Site.

Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials. You may not transfer or assign your account to any third party.

• 5. Disclaimer – No Dealer Representation
  
  Elite Auto Auctions is not a licensed motor vehicle dealer in any state, including Delaware. We do not buy, sell, transfer, or take title to any vehicles. Elite Auto Auctions operates solely as an online venue that provides access to vehicle listings from licensed auto auctions and connects customers with independent, licensed dealers who facilitate all purchases and title transfers. All transactions, including but not limited to the execution of sales contracts, collection of purchase funds, transfer of titles, and registration of vehicles, are conducted exclusively by licensed dealers in compliance with applicable state laws. Elite Auto Auctions does not represent itself as the seller of any vehicle and does not guarantee or warrant title, condition, or delivery of vehicles. Customers acknowledge and agree that their purchase relationship is directly with the licensed dealer of record, not with Elite Auto Auctions.
  
  6. Fees and Services
  
  A. Registration and Bidding: Registration is free, but to place bids, a minimum deposit of $600 or 10% of your bid (whichever is greater) is required. We do offer a VIP Member Registration Service to access over 100,000 other vehicles for an additional cost and different terms and policies which you will need to agree to, in order to access those services.
  
  B. Control of products offered: We have no control over the quality, condition or the legality of the items advertised on Elite Auto Auctions. All items are sold and purchased on an “AS IS” basis without express or implied warranties of any kind of nature. We cannot guarantee that a buyer or seller will actually complete a transaction. By Agreeing, to use Elite Auto Auctions the following Terms and Policy are in effect. You are also agreeing that in the event and Insurance Company and or Auction, sell a particular vehicle that was committed to Elite Auto Auctions and its Affiliates, that if resold by Insurance Auction, to another Auction, Broker or another affiliate, you are agreeing to take a comparable vehicle that fits the same criteria, or at least work with the Elite Auto Auctions to locate another vehicle within a 60 to 90 day period. In the event that you have decided, after the 90 day period has elapsed and you no longer wish to look for a vehicle with Elite Auto Auctions, you will need to request a refund in writing. In the event that I elect the Early Termination Fee option, and after a standard Election Form is executed, a thirty (30%) percent early termination fee shall apply and will be deducted from my account and the remaining balance in my account will be refunded to me, within fifteen (15) days from signing the Election Form. The Parties agree that the Early Termination Fee represents reasonable compensation to The Company for administrative, legal, and other costs incurred and to be incurred from the waiver of the 90-day comparable vehicle acceptance requirement at my request. I agree to these terms.
  
  Administrative Fee for Contract Breach: By using our services, the customer acknowledges and agrees that any breach of these Terms or any agreement between the customer and Elite Auto Auctions may result in substantial administrative, customer-acquisition, legal, enforcement, and related costs to the Company. Accordingly, the customer agrees that the Company may assess and retain a non-refundable administrative fee of Seven Hundred Fifty Dollars ($750) (the “Breach Fee”) in addition to any other fees, damages, or legal remedies permitted under these Terms or applicable law. The parties acknowledge and agree that the Breach Fee represents a reasonable estimate of the costs the Company anticipates incurring as a result of a breach, and is not a penalty. Furthermore, the customer agrees not to contest, dispute, or seek to offset the Breach Fee in any legal, arbitration, or administrative proceeding. Enforcement of this fee shall be governed exclusively by the Dispute Resolution provisions contained in these Terms of Use.
  
  Nothing in this section shall be construed as a waiver of any rights or remedies available to the Company under applicable law, except to the extent permitted by law.
  
  Fee Changes: We may modify our fee structure with 30 days' notice. Temporary fee changes for promotions become effective immediately upon posting.
  
  New Services: Fees for new services will be effective upon launch and are quoted in USD unless otherwise stated.
  
  6. Nature of the Platform Elite Auto Auctions is an online venue that facilitates the submission of bid offers for vehicles listed at insurance auctions. We are not an auctioneer and do not guarantee that the highest bid on our platform will secure a vehicle at the live auction.
  
  7. Offers, Bidding, and Buying
  
  Binding Offers: By placing a bid, you agree to complete the transaction if your bid is successful at the insurance auction. All bids are final unless an exception is made due to material errors.
  
  Payment Obligations: If you win, payment must be completed within 24 hours. Failure to comply will result in forfeiture of your deposit, account suspension, and additional fees as outlined in our Fees and Refund Policy.
  
  Bid Adjustments: You may be required to increase your deposit based on the auction house's requirements.

8. User Responsibilities

• Accurate Information: You agree to provide accurate and current information during registration and throughout your use of the Site.

• Account Security: You are responsible for all activities conducted under your account and must promptly notify us of any unauthorized use.

9. Privacy and Data Usage Your personal information will be handled in accordance with our Privacy Policy. By using the Site, you consent to the collection, use, and sharing of your information as described.

10. Prohibited Activities You agree not to:

• Use the Site for fraudulent or illegal purposes.

• Manipulate or interfere with the bidding process.

• Distribute viruses, malware, or any harmful content.

• Attempt to access restricted areas of the Site without authorization.

11. Disclaimers and Limitation of Liability

• As-Is Basis: All services and information on the Site are provided "as-is" without warranties of any kind.

• Limitation of Liability: In no event shall Elite Auto Auctions be liable for any indirect, incidental, or consequential damages. Our total liability to you shall not exceed the amount of fees you have paid to us in the six months preceding the event giving rise to the claim.

• Disclaimer – Sale Withdrawal, Cancellation & Title Release Rights

  Elite Auto Auctions operates as an intermediary platform and does not itself own, take title to, or directly sell any vehicle. By using our services or placing an order through our portal, you acknowledge and agree to the following:

  1. Right to Withdraw or Cancel a Sale
     Elite Auto Auctions reserves the absolute right, in its sole discretion and with or without prior notice, to postpone, cancel, or withdraw any vehicle listing or sale, at any stage, including after a purchase has been completed. We shall incur no liability or obligation to any user, buyer, or third party in the event of such cancellation or withdrawal.

  2. Cancellation or Reversal for Fraud or Misrepresentation
     We may cancel or reverse a sale transaction if we reasonably determine that it is necessary to prevent fraud, correct a material misrepresentation, or address any defect in the listing, bidding information, or transaction documentation.

  3. Title and Vehicle Release Limitations
     Elite Auto Auctions is not responsible for actual title transfers, and reserves the right not to release or deliver the title or vehicle under circumstances where legal, regulatory, or contractual restrictions apply. The duty to deliver, transfer, or assign title remains with the licensed dealer or entity executing the sale, in accordance with applicable state laws.

  4. No Warranty / Liability
     Except where prohibited by law, all listings, vehicles, and transaction services are provided “AS-IS” and without warranty. Elite Auto Auctions disclaims any liability for damages (including consequential or incidental) arising from withdrawals, cancellations, title delays, or non-delivery, to the fullest extent permitted by applicable law.

  5. User Acknowledgment
     By placing a bid, entering a purchase, or using our platform, you confirm that you have read, understood, and accepted these rights and disclaimers, including the possibility that a vehicle may be withdrawn or title may not be released under certain conditions.

   

12. Indemnification You agree to indemnify and hold harmless Elite Auto Auctions, its affiliates, and employees from any claims, liabilities, damages, or expenses arising from your use of the Site, violation of this Agreement, or infringement of any third-party rights.

13. Dispute Resolution

• Arbitration: Any disputes will be resolved through binding arbitration under the laws of the State of Delaware.

• Jurisdiction: By using this Site, you consent to the exclusive jurisdiction of the courts in Delaware for any disputes not resolved through arbitration.

14. Termination of Services We reserve the right to terminate or suspend your account at any time for violations of this Agreement or other reasons at our sole discretion. Upon termination, any outstanding obligations remain enforceable.

15. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

16. Notices and Communications All notices must be sent to:

Elite Auto Auctions
1005 Congress Avenue, Suite 925
Austin, TX 78701
Email: [email protected]

17. Entire Agreement This Agreement, along with our Privacy Policy and Fees and Refund Policy, constitutes the entire agreement between you and Elite Auto Auctions regarding the use of our services and supersedes any prior agreements or understandings.

18. Contact Information For any questions regarding this Agreement, please contact us at [email protected].

Messaging Terms & Conditions

Elite Auto Auctions | 1005 Congress Avenue, Suite 925 Austin, TX 78701

General

When you opt-in to the service, we will send you a message to confirm your signup.

By opting into messages, you agree to receive recurring automated marketing and informational text messages from Elite Auto Auctions. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Elite Auto Auctions. Elite Auto Auctions reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Elite Auto Auctions also reserves the right to change the short code or phone number or alphanumeric sender where messages are sent

Your usual message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your mobile provider. Your mobile provider is not liable for delayed or undelivered messages.

Your consent to receive marketing messages is not a condition of purchase.

Carriers

Carriers are not liable for delayed or undelivered messages.

Cancellation

Messages will provide instructions to unsubscribe either by texting STOP or through an included link. After you unsubscribe, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Elite Auto Auctions again, just sign up as you did the first time and Elite Auto Auctions will start sending messages to you again.

Info

For support regarding our services, email us at [email protected] or, if supported, text "HELP" to 708 722 5287 at any time and we will respond with instructions on how to unsubscribe. If we include a link in messages we send you from Elite Auto Auctions, you may also access instructions on how to unsubscribe and our company information by following that link.

Transfer of Number

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply "STOP" from the original number or notify us of your old number at [email protected]. The duty to inform us based on the above events is a condition of using this service to receive messages.

Privacy

If you have any questions about your data or our privacy practices, please visit our https://www.eliteautoauctions.com/privacy-policy.

Messaging Terms Changes

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. If you do not agree to a change to these Messaging Terms, you should cancel your enrolment with our messaging program. Your continued enrollment following such changes shall constitute your acceptance of such changes.

Membership Upgrade Terms of Use

Welcome to the VIP Membership Program of EliteAutoAuctions.com. By registering for our VIP Membership, you agree to the following terms and conditions. Please read carefully before proceeding.

1. Membership Overview: VIP Membership grants exclusive access to over 100,000 vehicles from insurance auctions, including data not available to the public or offered by competitors. This access includes:

• Detailed listings of vehicles from insurance auctions.
• Exclusive future-dated vehicle listings.
• Data maintenance and IT support ensuring a seamless experience.
•  

2. Payment Terms:

• Membership Fee: VIP Membership is a paid service. By signing up, you authorize Elite Auto Auctions to charge your credit card for the membership fee.
•  
• Non-Refundable Charges: All charges related to VIP Membership are non-refundable. This includes charges made regardless of whether a vehicle is purchased.
•  
• Authorization of Charges: By clicking "Agree" and completing the registration process, you explicitly authorize Elite Auto Auctions to charge your card on file. You acknowledge that this authorization is made of your own free will.
•  
• No Charge Disputes: By accepting these terms, you agree not to dispute any membership-related charges under any circumstances, including but not limited to non-use of services, dissatisfaction with available vehicles, or inability to purchase vehicles.
•  
• Billing Cycle: Membership fees are billed on a recurring basis unless explicitly canceled by the member before the next billing cycle. It is the responsibility of the member to manage their subscription status.
•  

3. Membership Responsibilities:

• Exclusive Data Access: You understand that the data and access provided through VIP Membership are unique and not offered by competitors.
•  
• Use of Services: You agree to use the VIP Membership services in accordance with these terms. Misuse, unauthorized distribution, or resale of data will result in immediate termination of your membership without a refund.
•  
• Account Security: You are responsible for maintaining the confidentiality of your account credentials. Any unauthorized use of your account must be reported immediately.
•  

4. Refund Policy:

• Strict No-Refund Policy: By agreeing to these terms, you acknowledge that all payments are final. No refunds will be issued under any circumstances, including but not limited to dissatisfaction with the service, changes in personal circumstances, or failure to utilize the service.
•  

5. Changes to Terms: Elite Auto Auctions reserves the right to modify these terms at any time. Changes will be communicated via email and on the website. Continued use of the VIP Membership after changes have been made constitutes acceptance of the new terms.

6. Limitation of Liability: Elite Auto Auctions is not liable for any losses or damages resulting from your use of the VIP Membership services. This includes but is not limited to, loss of profits, data, access to vehicles, or the inability to purchase specific vehicles.

7. Termination: Elite Auto Auctions reserves the right to terminate your VIP Membership at any time for violation of these terms. Termination will not result in a refund of membership fees. Members may also cancel their membership at any time, but no refunds will be issued for partial membership periods.

8. Dispute Resolution: Any disputes arising from these terms will be resolved through binding arbitration under the laws of the State of Delaware. By agreeing to these terms, you waive your right to participate in class action lawsuits or class-wide arbitration.

9. Governing Law: These terms and conditions are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

10. Acceptance of Terms: By registering for VIP Membership, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. You confirm that you authorize Elite Auto Auctions to charge your card and that you will not dispute any charges related to VIP Membership. Your continued use of the service constitutes ongoing acceptance of these terms