Welcome to https://dreamcars.com/. The https://dreamcars.com/ website (the"Site") is comprised of various web pages operated by DreamCars Holdings ("DreamCars"). https://dreamcars.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the"Terms"). Your use of https://dreamcars.com/ constitutes your agreement to all such Terms. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS. Please read these terms carefully, and keep a copy of them for your reference.
https://dreamcars.com/ is an E-Commerce Site.
DreamCars is a marketing and user-based auction website for classic and collectible automobiles.
DREAMCARS IS NOT A SELLER, DEALER, AUTOMOBILE BROKER, OR AUCTIONEER and does not hold legal title to any vehicle listed on the website.
DreamCars does not own or possess any vehicles or other physical items listed on this website. Accordingly, although DreamCars does work diligently to filter each listing made by a third party, DreamCars disclaims any liability in regard to transactions that take place during or after the auction between third parties. Dreamcars simply acts as a marketing platform and auction website for the information to complete the sale of the item.
This agreement and all communications are directed towards you, the end user and does not govern nor relate or any sale, transaction, or relationship between you, other users, third parties, or buyers and sellers.
This Agreement shall be governed and adjudicated solely by and under the laws of the state of Florida.
You, the end user agrees to release DreamCars and its affiliates from any disputes between yourself and any third parties from any sale, transaction, interaction, or occurrence arising out of the use of the digital product.
DreamCars disclaims all warranties, express or implied regarding usage of all digital products encompassed on the website, as well as any products marketed on the website.
DreamCars digital product contains a platform for digital automobile/car listings. We do not own, create, or sell any products listed on the website. DreamCars, a digital product provides services which allow users to post vehicles they own as well as bid on vehicles and other products other users own. Sellers hold exclusive right in making sure all products and/or content they post is legal in accordance with city, state, or federal guidelines as well as carefully providing information, pictures, and any other content that accurately describes the product offered. Accordingly, these products or content must be delivered as described. DreamCars only charges a commission, which is a fee for connecting the buyer and seller of the product. The buyer and seller remain solely liable for determining a payment method, ensuring delivery of payment, and ensuring delivery of the goods.
DreamCars may assist in the creation, editing, or promotion of the goods of users on the website. DreamCars does not hold any liability in making sure listings are accurate, which remains the sole responsibility of the seller and owner of the goods.
DREAMCARS IS NOT A SELLER, DEALER, AUTOMOBILE BROKER, OR AUCTIONEER TRADITIONAL OR OTHERWISE. WE DO NOT BUY, SELL, OR EXCHANGE ANY AUTOMOBILES OR CARS. ADDITIONALLY, WE DO NOT OFFER FOR SALE ANY CARS, NEGOTIATE OR ATTEMPT TO NEGOTIATE OR ENGAGE IN NEGOTIATION, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE DIGITAL SERVICES. DREAMCARS DOES NOT: (I) HOLD TITLE FOR ANY VEHICLE OR PRODUCT LISTED FOR SALE, (II) INSPECT ANY VEHICLE LISTED ON THE DIGITAL SERVICES OR (III) HAVE ANY VEHICLES LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.
DreamCars holds sole discretion in terminating your user account, profile, password, or any content of yours located on the website or digital product without appeal or reasoning.
Visiting https://dreamcars.com/ or sending emails to DreamCars constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DreamCars is not responsible for third party access to your account that results from theft or misappropriation of your account. DreamCars and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
DreamCars does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://dreamcars.com/ only with permission of a parent or guardian.
DreamCars has no subscription services currently, the only payments processed through the website are commission payments from the buyer amounting to 5% of the cost of the final bid price with a minimum of $1000 and a maximum of $5000. This is not to be construed as payment for the vehicle, but simply a fee for connecting the buyer and seller of the vehicle to process the sale of goods. By paying this fee, you agree that this is a fee unrelated to the sale of the vehicle.
ALL PAYMENTS ARE PROCESSED THROUGH STRIPE.COM AND BY PROCEEDING YOU AGREE TO THE TERMS ON THEIR WEBSITE https://stripe.com/us/terms.
Only the winning bidder will be charged, all other charges are authorizations which will automatically drop. Winning bids will not be refunded unless there is an error on the website and the charge should not have occurred. This commission charge is to connect the buyer and seller together to complete the sale of the vehicle.
By offering a vehicle for sale on the digital services, you agree to all terms in this agreement.
You, the seller agree that you rightfully own the product being listed, that you take sole responsibility for any warranties (express or implied) on the listing, all the content including photographs, as well as ensuring delivery of the product once paid for.
Additionally, you agree that the product offered is exclusive to DreamCars during the duration of the listing period, and that you will not sell the product offered outside of the website/digital services until the ending of the listing period (only in the case the vehicle does not sell).
Seller agrees that should a bid not reach the reserve price set forth in the listing, DreamCars reserves the exclusive right to pay the difference to complete the sale of the vehicle on the website.
The buyer, by using the digital services agrees to all terms located within this agreement.
The buyer acknowledges that DreamCars has not inspected the vehicle, offered any warranties (express or implied), or made any statements regarding the car or its condition.
The buyer agrees that the fee, charged by DreamCars for the winning bid is solely for receiving information related to the seller, and does not have any relation to the purchase of the vehicle. This fee is a non-binding payment that does not create any oral, written, or binding contract for the purchase of the vehicle.
The buyer agrees that once the winning bid is processed, he/she must negotiate the payment, shipping and delivery of the vehicle independent of the website. DreamCars may at its sole discretion step in to assist in the sale or delivery, but does not have any liability to any portion of the sale or transaction.
The buyer agrees that DreamCars bears no liability in any portion of the transaction between the user, and any third parties, seller or otherwise in any capacity.
Buyer agrees that DreamCars is an independent party with no privy or association to the sale of any vehicle, offering, or good sold via auction on the website. Buyer agrees not to associate DreamCars in any claims or disputes arising from any transaction resulting from winning an auction on the DreamCars website.
Any user who interacts with the digital services agrees to release DreamCars from any and all claims, demands, liabilities, costs, or expenses and damages (actual or consequential, known or unknown of every nature). In entering into this release, you expressly waive any protections whether in statute or in law.
IF YOU ARE A CALIFORNIA RESIDENT OR INTEND TO BRING SUIT FROM CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Any buyer, seller, or user of this website agrees that any action or claim arising from the usage of the digital services will be limited to either A. $100 or B. the sum of all payments received from the user during the previous 10 months. Should a limitation of liability not be allowed or regulated, DreamCars limits will be those permitted by law in such jurisdiction.
DreamCars is a digital auction platform for the sale of goods between two third parties. DreamCars does not aid or assist in the sale of goods, outside connecting the prospective buyer and seller together to create a sale for the goods. DREAMCARS EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
DREAMCARS, AS A DIGITAL PRODUCT IS HOSTED AND STORED ON MULTIPLE SERVICE PROVIDERS. DUE TO THE INHERENT NATUE OF DIGITAL GOODS AND SERVICES, SECURITY MAY AT ANYTIME BE BREACHED LEADING TO DISRUPTIONS IN SERVICE, LOSS OF DATA, BREACHES OF DATA ETC. DREAMCARS DISCLAIMS ANY LIABILITY FOR ANY BREACH OF DATA OF THE DREAMCARS WEBSITE, DREAMCARS SERVERS, AND ALL OTHER DREAMCARS PRODUCTS.
https://dreamcars.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DreamCars and DreamCars is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DreamCars is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DreamCars of the site or any association with its operators.
Certain services made available via https://dreamcars.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://dreamcars.com/ domain, you hereby acknowledge and consent that DreamCars may share such information and data with any third party with whom DreamCars has a contractual relationship to provide the requested product, service or functionality on behalf of https://dreamcars.com/ users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DreamCars or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DreamCars content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DreamCars and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DreamCars or our licensors except as expressly authorized by these Terms.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively,"Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
DreamCars has no obligation to monitor the Communication Services. However, DreamCars reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DreamCars reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
DreamCars reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DreamCars's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DreamCars does not control or endorse the content, messages or information found in any Communication Service and, therefore, DreamCars specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DreamCars spokespersons, and their views do not necessarily reflect those of DreamCars.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
DreamCars does not claim ownership of the materials you provide to https://dreamcars.com/ (including feedback and suggestions) or post, upload, input or submit to any DreamCars Site or our associated services (collectively"Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DreamCars, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. DreamCars is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DreamCars's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by DreamCars from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DreamCars Content accessed through https://dreamcars.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless DreamCars, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DreamCars reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DreamCars in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DreamCars agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DREAMCARS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DREAMCARS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DREAMCARS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DreamCars reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DreamCars as a result of this agreement or use of the Site. DreamCars's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DreamCars's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DreamCars with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DreamCars with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DreamCars with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
DreamCars reserves the right, in its sole discretion, to change the Terms under which https://dreamcars.com/ is offered. The most current version of the Terms will supersede all previous versions. DreamCars encourages you to periodically review the Terms to stay informed of our updates.
DreamCars welcomes your questions or comments regarding the Terms:
155 Fleet St
Portsmouth, New Hampshire 03801
Email Address: email@example.com
Telephone number: Effective as of May 30th, 2021