Last Updated: 12/11/2023

These Terms of Use (the “Terms”) are a binding contract between you and Car Corral LLC or one of its affiliates (“we”, “us”, “our” or “CC”).  Your use of our website located at: carcorral.auction (“Websites”) and the Services (as defined below) are subject to the following terms.

The digital services provided through the Website include a platform for vehicle listings and information services (as further defined in Section 5, the “Services”). CC IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE WEBSITE. CC HAS NEVER: (I) HELD TITLE FOR ANY VEHICLE LISTED ON THE WEBSITE, (2) INSPECTED ANY VEHICLE LISTED ON THE WEBSITE, OR (3) HAD ANY VEHICLE LISTED ON THE WEBSITE IN ITS LEGAL POSSESSION.

Please read these Terms carefully. They cover important information about the Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE AND/OR SERVICES ARE (I) SUBJECT TO THE FOLLOWING TERMS, AND (II) DEMONSTRATE AND PROVIDE EVIDENCE OF YOUR AGREEMENT AND ACCEPTS OF THE TERMS.  IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE AND/OR THE SERVICES IN ANY MANNER. 

1. Accuracy of Information.
   

   The information you submit to us through the Website forum, including as part of your account creation, registration, or for any listings, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse your access to the Website and/or Services.

   We may send you information relating to your use of the Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal requirements.

2. Privacy Policy
   

   In connection with your access to or use of the Website and/or Services, we may obtain information from you directly or about you through the Website. We will use your information in accordance with our Privacy Policy, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Policy. The Privacy Policy is incorporated into these Terms and forms part of the Terms.

3. Age Eligibility and Legal Capacity

   The Website and/or Services are not intended for access or use by minors under the age of eighteen (18). If you are under the age of eighteen (18), you may not access or use the Services or provide information to us. By accessing or using the Website and/or the Services, you represent that you have legal capacity to enter into these Terms and to fulfill your obligations set out in these Terms.

4. Listing and Buying a Vehicle

   1. The Website is a vehicle listing and information service that brings together buyers and sellers. CC is not a party to any transaction between vehicle buyers and sellers that originates on or through the Website. Information about a particular vehicle is supplied by the seller and may include data from third parties and/or machine learning. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
   2. We cannot verify the information about vehicles or guarantee the vehicles offered by sellers, nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using the Website to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same research avenues you would use in selling a vehicle through, or responding to, a classified ad in the newspaper.
   3. Listing Your Vehicle.
      
      1. By offering a vehicle for sale to private sellers through our Services, you agree to these Terms. As a seller, you are required to, among other things, prepare to sell your vehicle at the price of the winning bid and on the terms on which you have listed it. You must have possession of the actual vehicle listed, have title of the vehicle, and the ability to transfer the title. To list a vehicle for sale on the Website, you are also required to provide certain identifying and contact information. The information must accurately identify you as the seller and the method of contact must permit buyers to communicate with you directly. You may not charge any potential buyer for information about any vehicle listed for sale on the Website, nor may you use the Website to promote the vehicle, your products of any variety, or your company, without our prior written permission.
      2. By using the Website to sell your vehicle as a private seller, you represent that you are at least eighteen (18) years of age, , that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you nor anyone acting on your behalf will list more than five (5) vehicles for sale simultaneously, without first obtaining our written consent.
      3. When you list a vehicle for sale through our Services, we may obtain additional distribution of your listing through our relationships with other websites. We also may promote your listing on or through third-party websites or services as an added value. Those providers may contact you about your ad on their website and may try to sell additional services to you, but you are not obligated or required to purchase any additional services and may be able to opt out of displaying your ad on their website. If other third parties contact you without your permission offering to sell you services, they have likely misused the Website and violated these Terms to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by contacting support@carcorral.auction.
      4. iv. Listings are not to be used to advertise more than one vehicle, regardless of a listing’s duration. For this reason, you cannot edit your vehicle’s year, make, model, or VIN once you have listed the vehicle. Always double-check this information before purchasing a listing. By using the Website to sell your vehicle, you agree to pay all applicable fees (as discussed below) regardless of whether your vehicle sells as a result of the listing. You also agree to pay any applicable taxes relating to your use of the Services.
      5. Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through the Website.
      6. In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on the Website, we may, from time to time, perform random quality assurance tests to confirm that those who offer vehicles for sale on the Website are prepared to sell those vehicles at the price of the winning bid and on the terms which such vehicles are advertised. By using the Website, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating the language of these Terms, we reserve the right to deny that seller use of the Services offered on the Website and any affiliated websites and remove that seller’s listings from each Website.
      7. By listing a vehicle for sale on the Website, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle,
      8. By listing a vehicle for sale on the Website, you represent and warrant that: you are the sole author and owner of the intellectual property rights in any data, information, text, image, or other material (“Content”) that you submit to CC; you represent that the Content you submit is accurate and not false or misleading nor does it infringe any third party’s copyright, patent, trademark, trade secret, or other intellectual or proprietary rights or rights of publicity or privacy. You further agree that you shall not: submit any Content that is, or may reasonably be considered to be, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, threatening, abusive, inflammatory, hateful, racially or religiously biased or offensive, harassing, fraudulent, or otherwise objectionable to any individual, partnership or corporation; or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
      9. By listing a vehicle for sale on the Website, you grant to CC and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.
   4. Buying a Vehicle.
      1. The winning bid price as stated at the end of the auction listed by sellers on the Website often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, transportation, delivery and compliance fees, any or all of which may be added to the price of the winning bid of the particular vehicle. Before purchasing a vehicle or any other good or service you have read about on the Website, you should confirm with the seller any information, including the price that is important to your purchasing decision. CC is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on the Website. We may remove or hide parts or all of a vehicle advertisement on the Website if we determine, in our sole discretion, that the vehicle advertisement or price violates these Terms or any other applicable agreement.
      2. We may screen some messages sent through the Website to sellers about vehicles listed on the Website. If it appears that your email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
      3. We do not inspect any vehicles or any other goods that a seller lists on the Website. You acknowledge and agree that CC bears no risk associated with purchasing a vehicle from a seller listed via the Website.
      4. Upon payment of the winning bid amount to the seller, seller shall transfer the title of the vehicle to the Buyer, once title has been transferred buyer and seller will determine transportation details which are to be put in a separate agreement.
      5. Certain dealers who participate in an anonymous chat service provided by CC or its affiliates may offer you an option to inquire about a listed vehicle without disclosing your personal information (such as your name, e-mail address or telephone number). Both you and the dealer have the option to end such chat at any time. If, in the course of such chat or text conversation, you supply to the dealer your email address and/or telephone number, you consent to receive e-mail communications to such e-mail address and calls and texts at that number, whether manually or automatically generated. You are under no obligation to provide your name or contact information over the course of such chat.
      6. Anonymous chat relies on infrastructure and services furnished by third-party providers. Neither CC, its affiliates, nor participating dealers warrant the continuous availability or error-free operation of the anonymous chat and text services.

          

   5. Registration.

      To obtain access to certain services from the Website (for instance, to list, sell, and buy vehicles as well as manage your private listing(s) on the Website, collectively, also the “Services”), you are required to register on the Website. As part of the registration process, you will be required to select a username, password, full legal name, contact information, and accurate bank account information (to be charged in the event of listing fees and/or the selling or purchasing of a vehicle from the Website). You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a username that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Website through any username/password assigned to you. You will notify support@carcorral.auction of any known or suspected unauthorized use of your account via email.

      CC reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Policy.

   6. Fees. (subject to a separate agreement)

      1. Listing Fees.
         To list a vehicle on the Website you must pay the following amount per your below selected timeframe (“Timeframe”). Once the below Timeframe has expired you must pay an additional listing fee based on your new Timeframe.
         1. 1. Seven (7) day listing: $85.00
            2. Ten (10) day listing: $105.00
            3. Fourteen (14) day listing: $135.00
      2. Buyer Fees.
         If you are the winning bidder for a vehicle listed on the Website, you shall pay us a fee equal to three-point two percent (4.5%)] of the winning bid amount listed on the Services (a “Buyer’s Fee”). Notwithstanding the foregoing, for each winning bid on the Website, the minimum Buyer’s Fee is three hundred dollars ($200.00), and the maximum Buyer’s Fee is four thousand five hundred dollars ($4500.00). All Buyer’s Fees are non-refundable.
      3. Seller Payments.
         At the end of an auction, seller must provide buyer with information it reasonably requires in order to process any payments to seller under the Services (including, without limitation, PayPal or bank account information and a current IRS Form W-9). If seller fails to comply with the foregoing, CC shall not be liable to buyer or seller and shall be able to retain all fees as set forth above.
      4. Vehicle Pricing and Payment Process.
         Prices of winning bids for listed vehicles sold by seller on the Website are set by the seller and separately agreed to by seller and buyer during auction CC is not responsible for setting or negotiating any prices or related fees. All payments for the auctioned vehicle must go directly to seller, in accordance with their preferred method as discussed above in Section 6(D). In addition, CC does not process or handle any part of the payment process or transaction, including the accepting and sending of transferred funds.

          

   7. User Content

      1. The Website allows users to publish listings, ratings, and reviews. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of these Terms and to the policies of their third-party providers.
      2. You assume total responsibility and risk for your use of any interactive areas of the Website. You acknowledge that any of the user-generated content posted or transmitted through the Website represents the views of the author, and not of CC. You also acknowledge that your use of or reliance on such content is at your own risk.
      3. In order to display your user submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those user submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to user submissions that are also your personally identifiable information. By submitting user submissions through the Services, you hereby do and shall grant CC a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully use the user submissions in connection with this Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. For clarity, the foregoing license granted to us does not affect your other ownership or license rights in your user submissions, including the right to grant additional licenses to your user submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
      4. Finally, you understand and agree that CC, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your user submissions to conform and adapt those user submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
      5. When publishing anything to the Website or other interactive features, you agree that you will not post or transmit:
         1. any copyrighted material unless you own or control the copyright in and to such material;
         2. material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
         3. material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
         4. profanity in subject lines, messages, or signatures;
         5. any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
         6. material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
         7. spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
         8. material that contains advertisements or commercial solicitations; or
         9. material discussing illegal activities or linking to Websites that deal with such activities.
      6. You further agree that you will not attempt or do any of the following:
         1. interfere with or disrupt the Website or our computer systems, servers, or networks;
         2. attempt to gain unauthorized access to any part of the Website, to accounts that belong to other users, or to computer systems or networks connected to the Website;
         3. engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders or otherwise;
         4. collect information about others without their consent;
         5. interfere with the use of the Website by any other individual or party;
         6. impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary usernames or other aliases; or
         7. share any username and/or password you have on the Website with any other persons.
      7. Without limiting any of CC’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the Website and/or a ban from creating new accounts. Upon revocation of your account due to the violations listed above, you will not be entitled to a refund of any of the fees discussed in Section 6.
      8. Although CC cannot monitor all of the listings and content posted to the Website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these Terms. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce these Terms, or to protect the rights, property or safety of visitors to the Website, our 
      9. advertisers, the public, us or our affiliates. Notwithstanding the foregoing, CC takes no responsibility and assumes no liability for any content posted to the Website by you or by third parties.

          

   8. Ownership and Permission

      1. The Website is provided to our end users for their personal, non-commercial use only. The materials on the Website are the property of CC or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these Terms, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the Website. You may display and occasionally print a single copy of any page of the Website for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Website without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the Website, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the Website should be sent to support@carcorral.auction.
      2. You are free to establish a hypertext link to the Website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your Website by CC or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the Website, nor incorporate into another Website or service any intellectual property of CC or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in these Terms should be sent to [CONTACT NAME AND EMAIL].
      3. CC’s name and logo are intellectual property owned by CC. The names of other products and services referred to on the Website may be the trademarks of their respective owners. You may not use any intellectual property appearing on the Website without the prior written consent of the owner of the intellectual property.

          

   9. Term

      These Terms apply to you as soon as you access the Website by any means and continue in effect until they are validly terminated, as discussed below.

       

   10. Termination of Services

       CC may, in its sole discretion, terminate your account (including your password, account (or any part thereof)) or use of the Services, or remove and discard any user Content or information stored, sent, or received via the Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Services (including through the sharing of your account), (ii) any unauthorized access or use of the Services (including through the use of your account or account credentials), (iii) any violation of these Terms, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Services. You may terminate your user account for any reason or no reason. Termination, suspension, or cancellation of these Terms or your access rights to the Services shall not affect any right or relief to which CC may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to CC and its licensors and all rights granted by you to CC shall survive in perpetuity.

        

   11. Disclaimer of Warranties

       IF YOU RELY ON THE WEBSITE OR HAVE ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU “AS IS.” CC AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE (OR ANY INFORMATION, GOODS, CARS, VEHICLES OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CC AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE WEBSITE BY YOU OR ANY THIRD PARTY.

        

   12. Limited Liability

       TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CC BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS (CARS, VEHICLES ETC.),SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE THOUSAND DOLLARS ($1,000.00) OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO CC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

        

   13. Indemnification

       YOU AGREE TO INDEMNIFY CC AND ITS MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE SERVICES OR ANY BREACH OF THESE TERMS.

        

   14. Third Party Services and Ads

       The Website may contain links to third-party Websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of CC and CC is not responsible for any Third-Party Services and Ads. CC provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.

        

   15. Local Regulations

       CC is located in the State of Wyoming and solely does business within the state. You are responsible for complying with your state, county, and other applicable local laws and regulations in regard to the purchase and sale of vehicles while using the Services If you choose to access the Services, Website, or Content from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

        

   16. Copyright Infringement

       Claims Policy. Copyright Infringement Claims Policy
       If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:

       1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
       2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
       3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
       4. Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
       5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
       6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

          We may give notice to our users that we have received a notice of infringement by means of a general notice on our Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to [CONTACT NAME, TITLE, AND EMAIL] that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

          1. A. Your physical or electronic signature;
          2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
          3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
          4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

             We have a policy of terminating access to our Services of any user who repeatedly infringes the proprietary rights of any other user or third party.

   17. Notice to California Users

       Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

        

   18. Availability of Services
       

       We do not guarantee that any or all of the Services, Website or any Content will be made available. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Services, Website, Content or any part, feature or service of the Services at any time with or without notice to you. You agree that CC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, Website, or Content or any part thereof.

        

   19. Severability

       In case any provision in this Indenture or in the Securities shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

        

   20. Survival

       All provisions regarding indemnification, warranty, liability, and limits thereon, and confidentiality and/or protections of proprietary rights and trade secrets shall survive the termination of these Terms.

        

   21. Waiver

       No failure or delay by CC in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

        

   22. Arbitration

       1. A. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and CC arising under or related in any way to these Terms, must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Services.
       2. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND CC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
       3. C. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and CC must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: Cheyenne, WY or Denver, CO. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event these Terms to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Cheyenne, Wyoming.

           

   23. Legal Compliance

       You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

        

   24. Entire Agreement

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   25. Questions; Concerns; Reporting of Violations

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