Terms & Condition

1. TERMS OF USE AGREEMENT

WELCOME TO THIS WEBSITE. BUYAUCTIONAUTO.COM OFFERS THIS SITE (the “Site”) TO YOU (“You”, “Your” or “Buyer”) SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (the “Terms”). YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US EITHER BY PHONE OR EMAIL AT THE FOLLOWING LINK: BuyAuctionAuto.com/contact

2. DESCRIPTION OF SERVICE

2.1 BuyAuctionAuto.com is an online vehicle auction site listing various vehicles (either from auction or otherwise) on behalf of auctions for consumers. As a registered user of BuyAuctionAuto.com we can assist You with:

  • Gaining access privileges to major auctions for various vehicles;
  • Handling of the documentation involved in the purchase of Your vehicle;
  • Transferring title for the purchase of Your vehicle;
  • Arranging shipping for the vehicle which You purchased (including,
    preparing all documentation, bill of sale and freight forwarding); and
  • Financing for approved clients, on their purchases to select destinations.

2.2 You understand that BuyAuctionAuto.com does not control the price and any other terms of any sale offered through its website and that these are strictly within the control of the seller and/or dealer of that vehicle or automotive-related services.

2.3 You further understand and agree that BuyAuctionAuto.com as a neutral facilitator in this process has no control over the truth, accuracy, quality, legality, or safety of postings made by users, sellers, dealers, brokers and other automotive industry professionals. You understand and agree that BuyAuctionAuto.com cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, sellers, dealers, brokers and the like, nor does BuyAuctionAuto.com guaranty the condition and/or quality of the vehicles or services that are offered up for sale through this Site.

3. GENERAL USE RESTRICTIONS

3.1 BuyAuctionAuto.com and/or third parties granting rights to BuyAuctionAuto.com and its affiliates hold all rights, titles, and interests in and to the materials on this Site, which are the copyrighted work of BuyAuctionAuto.com and its affiliates. BuyAuctionAuto.com grants You a limited, personal, non-exclusive and non-transferable license to use and display the materials only on Your personal computer only for purposes associated with Your interaction with this website. Except as stated herein, You have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. Pictures and descriptions from this Site cannot be reproduced on any other site.

3.2 This limited license terminates automatically, without notice to You, if you breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and You agree not to “frame” or “mirror” the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of BuyAuctionAuto.com.

4. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

4.1 When using this Site, You have to be aware that links to third party sites and advertisements of products and/or services are only there for Your convenience. The contents, warranties or any other representations in those ads are NOT those of BuyAuctionAuto.com. You acknowledge that BuyAuctionAuto.com and its affiliates are hereby RELEASED by You from any legal or financial responsibility that may stem from Your use and/or purchase of anything from third party advertisers and/or sponsors. The service may be financially beneficial for BuyAuctionAuto.comm in some instances.

4.2 The links, advertisements and/or pop-ups are provided for Your convenience only. You acknowledge that BuyAuctionAuto.com and its affiliates do not make ANY representations in those links, advertisements and/or pop-ups. The Site is simply a medium that provides a place for posting of such advertisements, pop-ups and/or links.

4.3 Although BuyAuctionAuto.com cannot monitor every listing posted on our Site, it reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on our website. You understand and agree that the services on this Site (the “Services”) are provided “AS-IS” and “WHERE-IS, WITH ALL FAULTS”, and that BuyAuctionAuto.com assumes no responsibility for the condition, timeliness or non-delivery of a vehicle(s) and/or related services.

5. BUYER REGISTERED ACCOUNTS

5.1 Upon completing the registration process, You will create an account with a user name and password. You are responsible for maintaining the confidentiality of Your user name and password, and You are fully responsible for all activities that occur under Your account. BuyAuctionAuto.com is in no way responsible if Your registration information, including Your user name and password is either lost, misplaced or stolen.

5.2 You agree to immediately notify BuyAuctionAuto.com of any unauthorized use of Your account or any other breach of security and to ensure that You exit from Your account at the end of each session. BuyAuctionAuto.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

6. DEPOSITS, FEES, PAYMENT AND DELIVERIES

6.1 BuyAuctionAuto.com charges a $499 auction access fee for our services to every vehicle purchase. In addition, documentation fee and a bank wire fee (varies per dealers) applies to every vehicle purchase, which covers necessary title transfers, mailing and bank wire charges. There are also auction clearing house fees which vary with the vehicle purchase price, auction type and location and that is dictated by the auction clearing house from where the vehicle is purchased.

6.2 You agree to pay all customary auction fees and charges for services rendered in connection with the purchase and sale of vehicles, including, without limitation, gate fees, buyer fees, sale fees, entry fees, loading fees, storage fees, and other such fees and charges. It is the sole responsibility of the Buyer to verify fees charged by BuyAuctionAuto.com prior to incurring such charges. All fees and charges are subject to change without notice.

6.3 You can pay deposit payments made towards placing a bid on a vehicle by credit card or PayPal. You acknowledge that BuyAuctionAuto.com may require additional documentation from You in connection with its fraud prevention and security measures program before it approves any credit card deposit made by You. You acknowledge and agree that You shall provide BuyAuctionAuto.com such additional documentation, including, without limitation, a copy of a government issued identification, a copy of the credit card used for the deposit and any other documentation reasonably required to ascertain Your identity as part of BuyAuctionAuto.com’s fraud prevention and security measures program, all of which are for your protection. Prior to any credit card charge, You agree to sign an authorization letter for all charges.

6.4 Full payment for vehicle(s) purchased through the BuyAuctionAuto.com must be made within two (2) days following the date of purchase of the vehicle by wire transfer, cash or bank draft only to participating dealers’ bank account. Vehicles not paid for within the above-specified timeframe will be subject to a Late Fee of $100 per vehicle per day.

6.5 Should BuyAuctionAuto.com.com or its affiliate dealer(s) acquire a vehicle for You (and/or on Your behalf), whether by way of, without limitation, being the highest bidder at the auction of the vehicle, through a “Buy it Now” option, or any other way, and You default on Your acceptance of Your obligation to pay for that vehicle in full, You unconditionally acknowledge and agree that Your deposit will be automatically forfeited to BuyAuctionAuto.com to cover a portion of the losses that BuyAuctionAuto.com will incur (including, without limitation, re-listing fees, late fees and storage fees charged by the auction clearing house, filing fees of $400 and any additional fees incurred by BuyAuctionAuto.com) and such deposit shall become the sole and lawful property and possession of BuyAuctionAuto.com. You further acknowledge and agree that You have considered the amount of the losses BuyAuctionAuto.com may incur as a result of Your breach and have also considered Your deposit and that Your deposit is a reasonable estimation of a portion of the losses that BuyAuctionAuto.com is likely to suffer as a result of a breach of Your obligation to pay for the vehicle in full. You further agree that this paragraph operates as a liquidated damages provision and not as a penalty.

6.6 If Your deposit is not sufficient to cover the foregoing fees, You acknowledge and agree to immediately pay BuyAuctionAuto.com or its affiliate dealer the remaining fees and expenses it has incurred as a result of Your default on Your acceptance of Your obligation to pay for the vehicle in full that affiliated dealer(s) acquired on Your behalf via BuyAuctionAuto.com.

7. TERMS OF BIDDING AND SALE

7.1 If You bid on a vehicle, You are obligated to complete the transaction should You be the highest bidder on such vehicle. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. BuyAuctionAuto.com is not responsible for any cancelled bids. BuyAuctionAuto.com reserves the right to reject or void bids for any reason, in its sole and absolute discretion. Should a dispute arise regarding a bid, BuyAuctionAuto.com is the exclusive deciding authority with sole and absolute discretion in resolving disputes. You agree to indemnify, defend, and hold BuyAuctionAuto.com and its affiliate dealer(s) harmless from any and all liability arising out of or in connection with any of Your bids and/or any decisions made in resolving disputes. BuyAuctionAuto.com may, by its sole and absolute discretion and with or without notice, may postpone or cancel a sale or withdraw a vehicle from auction. BuyAuctionAuto.com will neither have liability nor obligation to You as a result of any vehicle withdrawal, or auction cancellation or postponement.

7.2 You acknowledge and agree that, as the Buyer, You are responsible for all vehicles purchased through BuyAuctionAuto.com. Anything You purchase on the BuyAuctionAuto.com is solely at Your risk.

7.3 You further acknowledge and agree that once You bid on a vehicle or choose the “Buy it Now” option, it cannot be retracted, cancelled or deleted. Any such bid or the selection of the “Buy it Now” option is fully binding on You.

7.4 All amounts and transactions are in USD (United States Dollars).

8. CANCELLATION POLICY

If BuyAuctionAuto.com or its affiliate dealer(s) does not receive payment in full of the purchase price of the vehicle within 5 days after the purchase date, BuyAuctionAuto.com will consider Your purchase cancelled. In that case the vehicle which You are obligated to purchase will be relisted and a minimum fee of 10% of the purchase price or $500 (whichever is greater) will be charged to Your account and the terms of paragraph 6.5 will apply as if set out in full herein (including, without limitation, using Your deposit to offset a portion of the losses that BuyAuctionAuto.com incurs).

9. REFUND POLICY

You acknowledge and agree that due to the non-cancelable and irrevocable nature of the transactions contemplated herein and on the site (including, without limitation, bids on auctions, making an offer and using the “Buy it Now” option), all fees and charges are non-refundable and no refund will be processed for any reason. Furthermore, you acknowledge and agree that your deposit is only refundable if you have paid all of your outstanding invoices, and have met the following terms and conditions: (i) you have not won the sale specified by the bid placed, (ii) you do not have any current bids, (iii) you have not, in any way, advised a representative of BuyAuctionAuto.com that you wish to exercise the “Buy it Now” option in connection with any vehicle on the site nor have you selected the “Buy it Now” option on the site, (iv) you have not made an offer to purchase a vehicle on the site, (v) you specifically requested a refund of the deposit by written request to the email found at the following link, https://www.buyauctionauto.com/contact, (vi) the refund request has been verified as valid by BuyAuctionAuto.com and (vii) your account is in good standing with no fees due. Once the foregoing has been met, your deposit will be refunded within 3 to 5 business days.

10. SHIPPING

The Buyer is responsible for the shipping of the vehicle, including the shipping charges. If the Buyer requests BuyAuctionAuto.com or its affiliate dealer(s) to arrange shipping on their behalf, BuyAuctionAuto.com or its affiliate dealer(s) will work with the Buyer to organize shipping. Buyer shall be responsible for any and all shipping charges in connection with the vehicle and shall either pay BuyAuctionAuto.com or its affiliate dealer(s) directly for the shipping charges or shall pay the shipping company directly, as advised by BuyAuctionAuto.com or its affiliate dealer(s). Buyer shall also be responsible for all documentation and anything related thereto required in connection with the shipping of the vehicle.

11. Transportation Fee

The Buyer is responsible for the transportation fee of the vehicle from auction yard to our affiliated dealer’s car lot, including the transportation charges. This charge varies, depends the location of the auction the vehicle was bought from. Unlike shipping, transportation must be done by our affiliated dealers and Buyer cannot use his/her own third party to pick up the vehicle from auction site. Buyer shall be responsible for any and all transportation charges in connection with the vehicle and shall pay BuyAuctionAuto.com or its affiliate dealer(s) directly.

12. DISCLAIMER OF WARRANTIES AND DAMAGES

12.1 Your use of this Site is at Your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials and/or services on the Site (including, without limitation, information about the vehicles being sold on the Site). The products have not been independently verified or authenticated in whole or in part by BuyAuctionAuto.com. Before purchasing vehicles and/or related services that You have read about on BuyAuctionAuto.com, You should confirm any information that is important to Your purchasing decision (including, without limitation, the condition of the vehicle and the price). BuyAuctionAuto.com does not warrant the accuracy or timeliness of the descriptions and/or pictures of goods that are purchased by You on our Site. You hereby release BuyAuctionAuto.com from any liability for any errors or omissions in the descriptions and/or pictures, whether provided by BuyAuctionAuto.com, affiliated dealers and auctions or third parties.

12.2 BUYER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BUYAUCTIONAUTO.COM NOR ITS AFFILIATED DEALERS AND AUCTIONS SHALL, UNDER ANY CIRCUMSTANCES, HAVE ANY LIABILITY WHATSOEVER TO BUYER OR ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) FOR ANY DAMAGES OR LOSSES OF ANY KIND (KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, DIRECT OR INDIRECT) ARISING OUT OF OR IN ANY WAY RELATED TO ANY DISCLAIMER PROVIDED IN THIS AGREEMENT.

12.3 BUYER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUYAUCTIONAUTO.COM SHALL NOT UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER TO BUYER OR ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) FOR ANY (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (b) LOSS OF USE, DATA, OPPORTUNITY, GOODWILL, REPUTATION, PROFIT, OR REVENUE, OR (c) COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY FEES), FOR ANY CLAIM (AS DEFINED IN SECTION 20 BELOW) NOT AMOUNTING TO A WILLFUL OR INTENTIONAL WRONG.

12.4 THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS, WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTY. BUYAUCTIONAUTO.COM AND ITS AFFILIATES, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. BUYAUCTIONAUTO.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF BUYAUCTIONAUTO.COM AND ITS AFFILIATES HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.5 REGARDLESS OF THE PREVIOUS PARAGRAPHS, BUYER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF BUYAUCTIONAUTO.COM IS FOUND LIABLE IN ANY CLAIM, BUYAUCTIONAUTO.COM’S TOTAL LIABILITY TO BUYER OR TO ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) SHALL NOT EXCEED THE AMOUNT OF INITIAL DEPOSIT AND NO OTHER FEES (INCLUDING WITHOUT LIMITATION, TRANSACTION FEES, LATE FEES, RELIST FEES, STORAGE FEES AND OTHER FEES, AND INCLUDING AUCTION CLEARING HOUSE FEES, THE PURCHASE PRICE OF ANY VEHICLE, OR ANY OTHER FEES CHARGED BY ANY THIRD-PARTY) PAID BY BUYER TO BUYAUCTIONAUTO.COM RELATED TO THE TRANSACTION OR VEHICLE GIVING RISE TO THE LIABILITY. IF NO SUCH FEES WERE PAID BY BUYER TO BUYAUCTIONAUTO.COM, BUYAUCTIONAUTO.COM’S TOTAL LIABILITY TO BUYER OR ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) FOR ANY CLAIM (AS DEFINED IN SECTION 20 BELOW) SHALL NOT EXCEED $500 USD.

12.6 REMEMBER: BuyAuctionAuto.com is merely a marketing service that cannot (and does not) guaranty, verify and/or warrant any information about the products and/or the services, which are placed on the Site by third parties or affiliates of BuyAuctionAuto.com.

13. INACCURACIES OR ERRORS

13.1 The descriptions, pictures and other representations of products on this site may contain inaccuracies and/or errors. BuyAuctionAuto.com and its affiliates do not make any guaranty, warranty or representation with respect to the accuracy or completeness of any such information.

13.2 You acknowledge that prices and availability of products, descriptions of which are provided on this Site, may change without notice to You at any time pursuant to the sole discretion of our affiliated dealers and auctions, BuyAuctionAuto.com and its affiliates.

13.3 Dealers associated with BuyAuctionAuto.com shall have the right to refuse or cancel any offers placed for product listed on this website. Dealers associated with BuyAuctionAuto.com shall have the right to refuse or cancel any such offers whether or not the offer has been accepted and You provided the necessary deposit. If You have paid a required deposit and your offer has been refused or cancelled, Your deposit will be refunded in a timely manner.

14. RISK OF LOSS

14.1 Buyer takes full responsibility and assumes all risk of loss for all vehicles purchased from the time that BuyAuctionAuto.com’s affiliated dealer accepts the Buyer’s bid. From and after acceptance of Buyer’s bid (for vehicles located at either one of our affiliated storage facilities) Buyer acknowledges that that storage facility is acting as bailee of Buyer’s vehicle until such time as the vehicle is removed from those premises.

14.2 Buyer agrees that under the terms of the bailment:

  • 14.2.1 BuyAuctionAuto.com, its affiliated dealers and auctions (including, without limitation, the dealer that purchased the vehicle on the Buyer’s behalf), the auction clearing house and the storage facility itself shall not be responsible for any damage to or loss of the vehicle or parts thereof for any reason whatsoever (including, without limitation, due to operational procedures in place at any of those facilities, from acts of theft or vandalism, or acts of God or for any other reason); and
  • 14.2.2 BuyAuctionAuto.com, its affiliated dealers and auctions, the auction clearing house or the storage facility shall not be responsible for any claim of damage made after the vehicle has left the storage premises.

15. Import/Export Issues

It is the responsibility of the buyer to comply with customs import and/or export procedures applicable to foreign title vehicles. Customs inspection, import fees, export fees and proof of emissions compliance may be required.

16. Vehicle Condition & History Disclaimer

16.1 ALL VEHICLES ARE SOLD “AS-IS WHERE-IS, WITH ALL FAULTS”.

16.2 ALL VEHICLES SOLD THROUGH BUYAUCTIONAUTO.COM ARE SOLD “AS-IS WHERE-IS, WITH ALL FAULTS”, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

16.3 BuyAuctionAuto.com and its affiliated dealers and auctions and auctions expressly disclaim the accuracy or completeness of any and all information provided to Buyers regarding vehicles, whether provided in written, verbal, or digital image form (“Vehicle Information”). Vehicle Information provided by BuyAuctionAuto.com and its affiliated dealers and auctions and auctions is for convenience only. Buyers shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through BuyAuctionAuto.com. Vehicle Information includes but is not limited to: year, make, model, condition, actual car (or cash) value, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number (“VIN”), title, repair history, title history, and total loss history.

16.4 BuyAuctionAuto.com and its affiliated dealers and auctions expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through BuyAuctionAuto.com’s website.

17. REGISTRATION LAWS DISCLAIMER

BuyAuctionAuto.com’s affiliate dealer(s) provides secure registration and title transfer to customer or their financial institute if financed.

18. DMV/MVD PAPERWORK DISCLAIMERS

BuyAuctionAuto.com and its affiliated dealers and auctions are not responsible for defects, errors, or omissions (i) related to motor vehicle department paperwork not processed by BuyAuctionAuto.com and its affiliated dealers and auctions, or (ii) made by DMV/MVD.

19. LOCAL LAWS; EXPORT/IMPORT CONTROL

BuyAuctionAuto.com and its affiliates controls and operates this Site from its headquarters in Folsom, California of the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If You use this Site from outside the United States of America, You are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

20. TERMS OF USE REVISIONS

BuyAuctionAuto.com may revise these Terms at any time without notice by updating this posting. You are responsible for checking the Terms periodically for changes. Your continued use of the Site after such modifications have been made will constitute Your acceptance of such revised Terms.

21. APPLICABLE LAW AND CHOICE OF FORUM

Any action related to these Terms will be governed by the law of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or Your use of the Site. You, the customer, hereby agree that any and all litigation related to BuyAuctionAuto.com and/or its affiliates shall be litigated only in the State of California Courts under the laws of the State of California.

22. UNAUTHORIZED ACTIVITIES

22.1 Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for Your actions or the actions of any person using Your user name and/or password. As such, You shall indemnify and hold BUYAUCTIONAUTO.COM AND ITS AFFILIATE DEALER(S) AND AUCTION(S), and their officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party if Your use of the Site or the use of the Site by any person using Your user name and/or password violates any applicable law or regulation, or the rights of any third party.

22.2 Any items offered through this site are offered by licensed professional dealers.

22.3 OUR SERVICES ARE AVAILABLE ONLY TO, AND MAY ONLY BE USED BY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, OUR SERVICES ARE NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18) OR TEMPORARILY OR INDEFINITELY SUSPENDED BUYAUCTIONAUTO.COM MEMBERS.

22.4 IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK AND THE REMAINING PROVISIONS SHALL BE ENFORCED. YOU AGREE THAT THIS AGREEMENT AND ALL INCORPORATED AGREEMENTS MAY BE AUTOMATICALLY ASSIGNED BY BUYAUCTIONAUTO.COM AND ITS AFFILIATES.