Deluxe Miami Privacy Policy

What This Privacy Policy Covers

This policy covers how Deluxe Miami, Corp. Treats personal information that Deluxe Miami collects and receives, including information related to your past use of Deluxe Miami services. Personal information is information about you that is personally identifiable, such as your name, address, email address, or phone number, and that is not otherwise publicly available.

This policy does not apply to the practices of companies that Deluxe Miami does not own or control, or to people that Deluxe Miami does not employ or manage. Information Collection and Use

General

Deluxe Miami collects personal information when you register with Deluxe Miami and when you use Deluxe Miami services.
When you register with Deluxe Miami we may ask for information such as your name, address, email address, phone number, credit card information, business license information, driver’s license information, zip code, and other financial information. Once you register with Deluxe Miami and log in to use our services, you are not anonymous to us. Deluxe Miami collects information about your transactions with us, including information regarding items you bid on or purchase.
Deluxe Miami automatically receives and records information on our server logs regarding your sessions on Deluxe Miami websites or through an Access Device (defined below) application (a "Deluxe Miami App"), and those of its subsidiaries, and related cookie information.
If you have first provided permission through your Access Device, Deluxe Miami may obtain location based information from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for Deluxe Miami to acquire location based information from your Access Device through your device settings. The Deluxe Miami App can use the geo-location features (GPS or network-based) to support your use of Deluxe Miami services and provide information about nearby vehicle auctions.
Deluxe Miami uses information for the following general purposes: to contact you, to facilitate bidding, buying, and selling of items by you through Deluxe Miami and its affiliated companies, to transfer title and ownership of items bought and sold by you, and to comply with laws and regulations related to purchases and sales of items by you through Deluxe Miami.

Information Sharing and Disclosure

Deluxe Miami does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to (i) provide products or services you've requested, (ii) when we have your permission, or (iii) under the following circumstances: We provide the information to trusted partners who work on behalf of or with Deluxe Miami under confidentiality agreements. These companies may use your personal information to help Deluxe Miami communicate with you about offers from Deluxe Miami. However, these companies do not have any independent right to share this information. We provide the information in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, or upon receipt of a request from law enforcement; Deluxe Miami does not otherwise share personal information about website or Deluxe Miami App users with third parties unless doing so is appropriate to carry out a user’s request or it reasonably believes that doing so is legally required or is in Deluxe Miami’s interest to protect its property or other legal rights or the rights or property of others; We may transfer information about you if Deluxe Miami is acquired by or merged with another company to the extent permitted by applicable law. In this event, Deluxe Miami will notify you before information about you is transferred and becomes subject to a different privacy policy. We transfer information about you to sellers of items purchased by you, to buyers of items sold by you and to their service providers that they may retain to facilitate the assignment of items to Deluxe Miami sales venues, and to state and federal regulatory agencies as part of the title or ownership transfer process. International Visitors and Customers

This website is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to:
the use of your personal data for the purposes identified above in accordance with this privacy policy; and the transfer of your personal data to the United States as indicated above. Safe Harbor Certification

Deluxe Miami adheres to the Safe Harbor principles negotiated between the United States and the EU, and the United States and Switzerland, regarding data protection for customer data and personal data Deluxe Miami receives when you register for its services or use its website or a Deluxe Miami App. Accordingly, when visiting this website, using a Deluxe Miami App, or providing personal data to Deluxe Miami, Deluxe Miami has taken steps to ensure the adequate protection of the processing of your personal data. For more information about the Safe Harbor principles, please visit the U.S. Department of Commerce website at http://export.gov/safeharbor/. Online Tracking Information and "Do Not Track" signals

When you visit this site, other parties such as third-party advertising partners and analytics providers may collect information about your online activity over time and across websites. This information may include identifiers that may permit those parties to serve tailored ads to your device. Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, Deluxe Miami currently does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. Cookies

We may place a text file called a "cookie" in the browser files of your computer, tablet, mobile or handheld device, or any other access device (each an "Access Device"). The cookie itself does not contain personal information although it will enable us to relate your use of this website or a Deluxe Miami App to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other websites. Deluxe Miami may use cookies to track user traffic patterns (as described above). In addition, Deluxe Miami uses encrypted cookies to authenticate the user on each page after the user logs onto the website or through a Deluxe Miami App. You can refuse cookies by turning them off in your browser or through the appropriate "settings" icon of certain Access Devices. If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. Some Deluxe Miami features and services may not function properly if your cookies are disabled. Communications

We reserve the right to send you certain communications relating to Deluxe Miami services and your account with Deluxe Miami, including but not limited to notifications, service announcements, and administrative messages without offering you the opportunity to opt-out of receiving them. Should you choose not to receive certain communications your access to or use of certain services may not be possible. Data Storage

Deluxe Miami may store your account information active in our databases indefinitely following the termination of your account with Deluxe Miami to the maximum extent permitted by law.

Confidentiality and Security

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
If Deluxe Miami learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this website, a Deluxe Miami App, or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this website or a Deluxe Miami App. Deluxe Miami may post a notice on our website if a security breach occurs. Deluxe Miami may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at [email protected].
Deluxe Miami takes your security seriously and takes reasonable steps to protect your information. No data transmission over the Internet or information storage technology can be guaranteed to be 100% secure. The following is a summary of the measures Deluxe Miami takes to protect your information and descriptions of ways we implement these measures for different types of information you may provide to us:
Secure Socket Layer (SSL) - Deluxe Miami uses SSL (Secure Socket Layer) encryption when transmitting certain kinds of information, such as financial services information or payment information. An icon resembling a padlock is displayed on the bottom of most browsers window during SSL transactions that involve credit cards and other forms of payment. Any time Deluxe Miami asks you for a credit card number for payment or for verification purposes, it will be SSL encrypted. The information you provide will be stored securely on our servers. Once you choose to store or enter your credit card number on Deluxe Miami, it will not be displayed back to you in its entirety when you retrieve or edit it in the future. Instead of the entire number, you will only see asterisks and either the first four digits or the last four digits of your number. Vendors and Partners - Deluxe Miami works with vendors and partners to protect the security and privacy of user information.
Employee and Contractor Access to Information - Deluxe Miami limits access to personal information about you to those employees who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs.
Education and Training for Employees - Deluxe Miami has implemented a company-wide education and training program about security that is required of every Deluxe Miami employee. Enforcement

As part of Deluxe Miami's annual Safe Harbor certification process, Deluxe Miami will review its compliance with this privacy policy. If you have any questions, complaints or disputes regarding the manner in which Deluxe Miami handles or protects your data, please bring it to our attention at [email protected] With respect to any complaints regarding compliance with this privacy policy received from any European Union, European Economic Area or Switzerland resident that cannot be resolved through Deluxe Miami's internal processes, Deluxe Miami agrees to participate in the dispute resolution procedures of the appropriate data protection authorities and, where required, to take appropriate steps to address any concerns and assure future compliance. Changes to this Privacy Policy

Deluxe Miami may update this policy. When we do, we will also revise the "last updated date" on the Privacy Policy. For changes to this privacy policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of this website or a Deluxe Miami App constitutes your agreement to this Privacy Statement and any updates.

Update Your Information or Pose a Question or Suggestion

If you would like to update or correct any information that you have provided to use through your use of Deluxe Miami service or otherwise, please log in to your account on the Deluxe Miami websites and edit the information under "My Account". Additionally, you can contact Member Services at [email protected] for assistance. If you have a question or a suggestion for improving this Privacy Policy, please send an email to [email protected].

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Deluxe Miami Terms of Use
Deluxe Miami SITE USER AGREEMENT

1. INTRODUCTION

By actively navigating, registering and/or placing a bid offer on this site, you hereby consent to be bound to the terms of the Deluxe Miami Site User Agreement and related agreements incorporated herein by reference (the "Agreement" or "User Agreement") of Deluxe Miami (hereinafter referred to as “Deluxe Miami”).

A. General. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of WWW.DELUXECARSMIAMI.COM (the "Site") and the general principles for the web sites of any subsidiaries and affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our services.

B. Questions. If you have any questions, please contact us at [email protected]

C. Acceptance. To access our services, you must read, agree with and accept all of the terms and conditions contained in this User Agreement, our Fees and Refund Policy, and our Privacy Policy, which include those terms and conditions expressly set out below and those additional terms incorporated by reference, before you may become a registered member of the website.

D. Other sites. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in referenced pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as a deluxecarsmiami.com user.

2. AMENDMENTS

A. Deluxe Miami amendments. deluxecarsmiami.com reserves the right to amend this Agreement at any time by posting the amended terms on the web site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on the Site. In addition, we will notify you in accordance with your account notification preferences or by posting a notice on our main site page.

B. User amendments. This Agreement may not be otherwise amended except in a writing signed by the party to be charged.

C. Effective date. This agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on June 14, 2019 for all users.

3. REGISTRATION ELIGIBILITY

A. Availability. Our services are offered and are available only to individuals legally capable of entering into binding contracts under applicable law. We may not, and do not, transact business with minors (persons under 18 years of age) or the mentally incompetent. We also do not offer our services, or transact business, with Users whose accounts have been temporarily or indefinitely suspended for any reason. Any transactions attempted by persons who fail to meet these eligibility requirements are a nullity.

B. Transferability. Your Deluxe Miami account (including related account information) and User ID/Password may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

4. FEES AND SERVICES

A. General Fees.

a) You may register your Deluxe Miami website by completing our free online Registration Form. Upon approval of your registration, you will be free to browse our website until you have found a vehicle of interest to you and wish to place a bid. b) In order to engage in vehicle bidding, you will be required to deposit $500 to $3000 in your account. Full payment of the vehicle is due within 3 days. This deposit is applied as follows: Deposit represents a non-refundable registration fee in Deluxe Miami. However, when you purchase your first vehicle through Deluxe Miami, this registration fee can be applied against and thereby reduce your final purchase price.

In addition, there may be additional processing fees applicable to refunds. All conditions of refunds and all applicable fees shall be set forth in our Fees and Refund Policy and are incorporated by reference into this Agreement. Upon creating your Deluxe Miami account, you expressly consent to the fees and terms as set forth within this Terms of Use Agreement and our Fees and Refund Policy. You expressly represent to Deluxe Miami that you have reviewed this information and are familiar with this Agreement and the Fees and Refund Policy prior to creating a Deluxe Miami account and submitting bid offers.

B. Fee Changes. We may occasionally modify or change our fees for our additional services. Changes to our Fees and Refund Policy are effective after we provide you with at least thirty (30) days’ notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Refund Policy and the fees for our services for promotional events. Such changes are immediately effective when posted at the temporary promotional event area on the Site. We may in our sole discretion change or discontinue some or all of our services at any time.

C. New Services. In the event we introduce new services, the fees for such services are effective immediately upon the launch of the services. Fees are quoted only in United States dollars, unless otherwise stated. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

5. Deluxe Miami IS AN ONLINE VENUE

A. Status. Deluxe Miami is not an Auctioneer. We are commonly referred to as an online auction web site, but it is important to understand that we are not a traditional "auctioneer". WE DO NOT OPERATE in the manner or mode of EBAY or similar online auction web sites. We are merely a venue that allows people to make bid offers, on currently running automobile Insurance auctions, before our in- house specified offer submission deadline expires. Upon expiration of the designated offer submission deadline, the individual who made the highest offer through our Site is then notified by Deluxe Miami, whereupon the individual guarantees the offer with the Security Deposit on account with Deluxe Miami in the amount of $500.00 or by Ten Percent (10%) of your bid price, whichever is the greater, within twenty four (24) hours. Deluxe Miami deals with multiple insurance companies and auction houses which have different terms and requirements. Please keep in mind that placing bids on certain vehicles may require a $1000 or thirty three percent (33%) of offer, whichever is greater ("Security Deposit"). You may be required to increase your Security Deposit before any independent auction begins based on your bid. Since all insurance auctions are closed to the general public and only licensed auto salvage representatives can bid at these auctions, Deluxe Miami will present your bid offer at the insurance auction on your behalf. Please note that although you may have the highest bid offer on the Deluxe Miami Site, your bid offer may be exceeded at the insurance auction by other eligible bidders and thereby you will not acquire the vehicle.

By opting for this business model, Deluxe Miami can and does allow people to offer to buy just about any type of auto regardless of geographic area, in a variety of pricing formats, including a fixed price format and an auction-style format most commonly referred to as "online auctions" or "auctions." Unlike traditional auction houses, we are not involved in the actual transaction between buyers and sellers. Because of our special relationships in the industry, there is no warranty or guarantee that a buyer’s final bid will be the same amount as the winning auction bid in any auction. In order to obtain the best market prices, we are often required to pay administrative fees, broker fees, bulk sales fees, and agent costs in addition to the winning bid amount. Buyers will never pay more than their approved maximum bid together with auction fees and other related service fees. (See Fee and Refund Policy)

B. Control of products offered. As a result of our status as a venue, we have no control over the quality, condition, safety or legality of the items advertised on the Deluxe Miami Site; the truth or accuracy of the listings; the ability of sellers to sell items; or the ability of buyers to pay for items. 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 Deluxe Miami 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 Deluxe Miami 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 Deluxe Miami Team 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 Deluxe Miami, 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.

C. Fixed Price Marketplace. Deluxe Miami maintains a separate area of the Site which offers you the ability to purchase restored autos at a fixed price. Specific terms and conditions may apply to your use of this fixed price area.

D. Identity Verification. We frequently verify the accuracy of the information our users provide us when they register on the Site. However, due to the expense and difficulty of verifying this information, Deluxe Miami cannot and does not confirm each user's purported identity.

E. Release. Because we are a venue and not an auctioneer, in the event that you have a dispute with one or more third parties, you hereby release Deluxe Miami (and our officers, directors, agents, subsidiaries, partners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

F. Information Control. We have no control over the information provided by third parties and made available through our system. As a result, you may find such third party information from other users to be inaccurate. Furthermore, with respect to third party representations concerning documentation such as Department of Motor Vehicle titles, registrations, VIN numbers or dealer ‘certifications’ or ‘warranties’, Deluxe Miami does not guarantee the accuracy or availability of third party documentation. By actively navigating this Site, you agree to accept such risks and Deluxe Miami is not responsible for the acts or omissions of users on the Site. Items contained in pictures provided by Sellers, such as keys and handbooks, are not guaranteed to be contained in any delivered vehicles as Deluxe Miami is never in possession of any vehicles and auctioneers and shipping companies act independently of Deluxe Miami...

6. OFFERS, BIDDING AND BUYING

A. Obligations. As a buyer, you are obligated to complete all transactions with all sellers:

1. if you purchase an item through one of our fixed price formats; or 2. if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your offer is accepted by the seller at the insurance auction.

B. Bid Offer. By entering a bid offer on an item, you agree to be bound by the conditions of sale included in the item's description unless these conditions of sale are in violation of this Agreement or unlawful. In the event that you are the highest bid offer at our in-house auction processes and do not remit your mandatory Security Deposit and processing fee as outlined in the Fees and Refund Policy and within the time frame set forth therein, Deluxe Miami has the unilateral and absolute right to cancel your offer bid and pursue you for collection of the defaulted Security Deposit, processing fees, related legal costs and fees associated with the collection, in addition to any other legal remedies Deluxe Miami may elect to exercise. Additional fees may be assessed to cover costs and administrative expenses associated with your default.

Offers are final and not retractable except in exceptional circumstances, such as:

when the seller materially changes the item's description after you place your offer; or a clear typographical error is made; or when the seller does not confirm your purchase in the fixed-price area of our services.

C. Fraud. Without limiting any other remedies, Deluxe Miami reserves the right to suspend or terminate your account, without notice to you, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. In addition, Deluxe Miami will report all online fraud to local authorities for prosecution.

D. Manipulation. Neither you, nor bidders, nor third parties may manipulate the price of any item. You may not interfere with other user's listings or transactions.

7. YOUR INFORMATION

A. Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any e-mail feature. You are solely responsible for Your Information, and we act merely and exclusively as a passive conduit for the online distribution and publication of Your Information.

B. Restricted Activities. Your Information and your activities on the Site shall not:

be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene; contain any viruses, spyware, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for Deluxe Miami or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that:
(a) are prohibited under this Agreement; (b) are identical to other items you have listed for auction but are priced lower than your item's reserve or minimum bid amount; (c) are concurrently listed for sale on a web site other than Deluxe Miami's (this does not prevent linking to or advertising an Deluxe Miami item from another Web site); or (d) you do not have a right to link to or to include.

C. License. By using this site, you agree to allow Deluxe Miami to use the information you supply us with, and in using your information, we are not violating any rights you might have in that information. You also agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense-able (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Deluxe Miami will only use Your Information in accordance with our Privacy Policy.

8. ACCESS AND INTERFERENCE

A. Interference. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Deluxe Miami by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site 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 Site without the prior expressed written permission of Deluxe Miami and the appropriate third party, as applicable; and interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (4) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

9. BREACH

Without limiting other remedies, we may limit your activity, immediately remove your bid offers or listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if;

(a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (d) for any reason whatsoever.

10. PRIVACY

A. General. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. The privacy of a user is very important, and we understand clearly that you and your information is one of our most important assets.

B. Storage. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy addresses data storage issues. If you object to your Information being transferred or used in this way please do not use our services.

11. NO WARRANTY

Deluxe Miami, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Deluxe Miami, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE Deluxe Miami SITE IS AT YOUR SOLE RISK. NEITHER Deluxe Miami, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORRS WARRANT THAT THE Deluxe Miami SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Deluxe Miami SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE Deluxe Miami SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Deluxe Miami, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UN-AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ELITE MOTOR CARS OF MIAMI.COM SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

12. LIABILITY LIMIT

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) FIVE HUNDRED DOLLARS ($500.00).

13. INDEMNITY

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.

14. LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

15. NO AGENCY

You and Deluxe Miami are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended, implied, or created by this Agreement.

16. NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail , to: Deluxe Miami 5700 NW 27TH AVE, MIAMI FL 33142. Notice shall be deemed effective upon a) actual receipt; b) or, if certified mail, return receipt requested, is utilized, three (3) days after the date of mailing, irrespective of actual receipt. We may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Deluxe Miami during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing, irrespective of actual receipt.

17. RESOLUTION OF DISPUTES

A. General. In the event a dispute arises between you and Deluxe Miami, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Deluxe Miami agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

B. Binding Arbitration. For any Claim you or Deluxe Miami may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by an arbitrator mutually agreed between by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall not have the power to alter or modify this agreement or to render an award which by its terms effects such alteration or modification.

C. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the State of Florida. You and Deluxe Miami agree to submit to the personal jurisdiction of the courts located in the State of Florida. In the event the dispute is over a deposit, both yourself and Deluxe Miami agreed to submit personal jurisdiction of the courts located in Florida.

D. Mediation. Alternatively, Deluxe Miami will consider use of other alternative forms of dispute resolution, such as mediation, to be held in any mutually agreed venue by the parties.

18. ADDITIONAL TERMS

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:

Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with Thirty (30) days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. 19. GENERAL

This Agreement shall be governed in all respects by the laws of the state of FLORIDA in the event the dispute is over a motor vehicle. The initial deposits on vehicles, will be governed by the State of Florida in the event of a dispute with Deluxe Miami.(WWW.DELUXECARSMIAMI.COM), which manages our online payment gateways. All other disputes will be governed by the laws of Florida. . We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. 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 deluxecarsmiami.com in accordance with Section 16 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. 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. In the event of any action, mediation, litigation, arbitration, suit, or proceeding arising from or under the terms, provisions, or conditions of the agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs of suit or other proceeding. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 4 (Fees and Services) with respect to fees owed for our services, 5E (Release), 7C (License), 8 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.