Terms of Use of CLASSIC.COM

Updated: September 4th, 2025

Thank you for visiting CLASSIC.COM.com. CLASSIC.COM, Inc. and its affiliates (referred to in these Terms of Use as “CLASSIC.COM,” “us,” or “we”) provide websites, networks, mobile applications, and other digital services to you when you visit, list, provide us with information about yourself or a vehicle, or communicate with us or other Users at CLASSIC.COM.com, use CLASSIC.COM digital products, Marketplace, or services, and use CLASSIC.COM applications for mobile devices (collectively referred to as “Services”). CLASSIC.COM provides the Services subject to these “Terms of Use.”

CLASSIC.COM connects those offering vehicles for sale (“Sellers”) and those looking to purchase vehicles (“Buyers”). The Services act as a meeting place only; the actual contract for sale for each Seller Vehicle listed on the Services is directly between the Seller and the Buyer, even in cases where you have a Services agreement with CLASSIC.COM for subscription services, managed listing, or any other service.

When we use the word “you” in these Terms, it refers to any user, regardless of whether the person is a Seller, Buyer, auction house, dealership, other registered user or unregistered user (collectively “User”), while if we use one of those specific terms, it only applies to that category of user.

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE THAT MAY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN IN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS. IT ALSO REQUIRES YOU TO GIVE UP YOUR RIGHT TO PARTICIPATION IN CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS FOUND IN THE “ARBITRATION PROVISION” SECTION BELOW.

1. Introduction

BY USING CLASSIC.COM’s SERVICES, YOU AGREE TO THESE TERMS OF USE, AS UPDATED FROM TIME-TO-TIME. The date of the most recent revisions will appear at the top of this page, so check back often.

These Terms of Use are binding on all individuals and entities who access, visit, and use the Services, including all persons, entities, and digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process (collectively, “you” and “your”). Your use of the Services constitutes your acceptance of any changes and/or revisions to these Terms of Use. If you disagree with these Terms of Use, or if you violate, breach, fail to follow, or act inconsistently with these Terms of Use or any other terms and conditions that apply to the Services, then your access to and use of the Services is unauthorized, and CLASSIC.COM reserves the right to terminate, suspend, and/or restrict your ability to access, visit and/or use the Services and to refuse to honor any of our purported obligations under these Terms of Use, with or without notice. In addition, we may restrict or refuse to provide you with future access, visitation, and/or use of the Services. We reserve the right, in addition to other remedies, to take any technical, legal, or other actions we deem necessary, with or without notice, to prevent violations and to enforce these Terms of Use. As part of this, we reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Services.

CLASSIC.COM may modify, suspend, discontinue, or terminate your right to use part or all of the Services at any time without notice to you, and in that event, we may modify the Services to make them inoperable. CLASSIC.COM will not be liable to you should it exercise those rights.

Additional terms and conditions apply to some Services (ex. Dealer Agreements), and these terms can be found where the relevant Service is offered and are incorporated into these Terms of Use by reference. If we provide specific terms of use for a particular Service and there is a conflict between the specific terms of use for the particular Service and these Terms of Use, the specific terms of use for the particular Service will govern.

Before acquiring a vehicle from any Seller (each, a “Seller Vehicle”), Buyers are responsible for making their own determinations of the Seller Vehicle suitability. CLASSIC.COM is only responsible for connecting Sellers and Buyers, and is not responsible for making sure that any Seller Vehicle is up to a certain standard of quality. CLASSIC.COM similarly is not responsible for ensuring that information (including credentials) any Buyer or Seller provides about himself or herself, or about any Seller Vehicle being offered is accurate or up-to-date. Each Seller acknowledges and agrees that they shall make reasonable efforts to complete the sale of their Seller Vehicle if there is a Buyer’s offer has been accepted. Each Buyer acknowledges and agrees that they are responsible for all applicable government fees and taxes for the purchased vehicle or vehicle won through auction. Notwithstanding the foregoing, CLASSIC.COM does not control the actions of any Buyer or Seller, and Sellers are not CLASSIC.COM employees.

CLASSIC.COM does not directly offer the Seller Vehicles. You hereby acknowledge that CLASSIC.COM does not supervise, direct, control or monitor the Seller Vehicles and expressly disclaims any responsibility and liability for the Seller Vehicles, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

CLASSIC.COM does not hold or possess title for, or otherwise hold in its legal possession, any vehicle listed for sale on the Services. CLASSIC.COM does not transfer title or legal ownership of vehicles from the Seller to Buyer. CLASSIC.COM holds no physical vehicle inventory, offers no guarantee of purchase, sale, or transfer. CLASSIC.COM is not an agent of any User. Other than the terms (as defined herein), CLASSIC.COM is not a party to any agreement or transaction, including, but not limited to, any purchase and sale or agency agreement with any User. CLASSIC.COM does not offer other ancillary products and/or services such as financing, service contracts, mechanical breakdown insurance, registration/titling, or transfer escrow services. While we may make available in the Services certain information regarding pricing, make, model, condition and other information, such guidance is solely informational and based on information provided by the Buyer, Seller, or 3rd Parties and you may decide to follow it or not. Also, CLASSIC.COM has no control over and does not guarantee: the existence, quality, representations of Seller, safety or legality of vehicles listed or advertised in the Services; the truth or accuracy of users' Content or listings; the ability of Sellers to sell vehicles; the ability of Buyers to pay for vehicles; or that a Buyer or Seller will actually complete a transaction.

2. Eligibility

The Services are intended only for use in the United States by individuals who are 18 years of age or older and who have the capacity to enter into a valid contract. By accessing the Services you represent and affirm that you meet these requirements.

CLASSIC.COM does not knowingly or intentionally solicit or collect information from minors under the age of 18, and our marketing is not directed at minors.

3. Content

These Terms of Use govern all content on the Services, including text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, games, and other brand identifiers, designs, plans, software, source and object code, data, algorithms, analysis, statistics, indexes, registries, repositories, and all other content, information, and materials available on or through the Services, whether provided by CLASSIC.COM, our licensors, partners vendors, and/or other service providers (“Content”). For details on User provided content, please see “User Materials” below.

4. Listing Conditions, and License and Access

Listing Conditions

As a condition of your use of the Services to list your vehicle, you agree to the following:

· No Obligation to Accept Listings. You expressly acknowledge and agree that CLASSIC.COM has no obligation to make available your listing, or any particular vehicle, for sale via the CLASSIC.COM’s Services. For the sake of clarity, CLASSIC.COM reserves the right to reject or remove any listing at any time in our sole discretion for any reason without notice.

· You agree we may revise product data associated with listings to supplement, remove, or correct information at CLASSIC.COM’s discretion without notice.

· Metatags and URL links that are included in a listing may be removed or altered at CLASSIC.COM’s discretion without notice.

· We may remove your listing upon expiration of the listing term or when the Seller is determined to be non-responsive to communications from CLASSIC.COM.

· If we remove your listing and you have not violated the Terms of Use, it has not expired, and you have been responsive to our communications, you may be entitled to a refund of your listing fee.

License and Access

Subject to your compliance with these Terms of Use and solely as it relates to the Services, CLASSIC.COM grants you a non-exclusive, limited, revocable, personal, non-transferrable license to use the Services and to download and use any CLASSIC.COM mobile application (“Mobile Application”) on your mobile device, for your personal, NONCOMMERCIAL use only. As part of this, you may print, save, download, and share vehicle information, saved searches, and any paperwork or other information relating to your transaction, for your non-commercial, personal use only. This license does not include any resale, sub-licensing, rental, copying, loaning, sharing, or commercial use of any Services or its Content, any collection or use of any product listings, descriptions, or prices, any derivative use of any Services, data, or its contents, any downloading, copying, or other use of account information or data for the benefit of any third party, or any use of data mining, robots, spiders, crawlers, or any similar data gathering and extraction tools.

5. Account Creation

We may at times require you to register and/or set up an account or profile to access, visit, or use certain Services or components of the Services, in which case you may be required to create, or you will be provided with, a password and User ID, and you may be required to provide your name, telephone number(s), email address, mailing address, and other Personal Information (“User Information”). In addition, we may ask you to send us similar information via email, SMS, chat, and other technologies. Subject to applicable laws, we may use any User Information you submit for any purpose we deem appropriate in accordance with these Terms of Use and our Privacy Policy . We maintain strict physical, technical, contractual, and organizational safeguards to protect your User Information from unauthorized or inappropriate access.

You agree, warrant, represent, and guarantee that all User Information you submit to CLASSIC.COM is true, accurate, complete, and up to date. You may not impersonate or pretend to be someone else when registering and/or setting up an account/profile on the Services and/or conducting transactions. If any of your User Information changes, you must update it via the mechanisms provided.

CLASSIC.COM SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, AND UP-TO-DATE USER INFORMATION, INCLUDING YOUR FAILURE TO RECEIVE CRITICAL INFORMATION FROM CLASSIC.COM. CLASSIC.COM SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR USER INFORMATION. CLASSIC.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR SHARING YOUR USERNAME, PASSWORD, AND/OR ONLINE ACCOUNT SERVICES WITH SOMEONE ELSE. IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO SOMEONE ELSE OR ALLOW SOMEONE ELSE TO ACCESS AND USE YOUR ONLINE ACCOUNT SERVICES, YOU WILL BE RESPONSIBLE FOR ALL ACTIONS TAKEN BY THAT PERSON.

CLASSIC.COM reserves the right at any time, without notice, to remove or require a change to any password or User ID that has been provided to you or otherwise to change the access means or methods for portions of the Services.

You are solely responsible for the following:

· Maintaining the confidentiality of your User ID, password, and User Information and

· All access, visitation, use of, and activity on your account/profile. You agree that we may, and you expressly authorize us to, process transactions and registrations for additional services initiated using your User Information.

You may not sublicense, transfer, sell, rent, or assign your User ID, account/profile, or password to any third party without CLASSIC.COM’s written approval.

If you suspect that your account/profile is no longer secure, you must immediately change your User ID and/or password, if available, notify CLASSIC.COM, and/or close the account/profile.

CLASSIC.COM is not responsible for errors or negligent use of your account/profiles, including input errors, negligent handling or sharing of usernames or passwords, and leaving a computer unattended while accessing online account services.

6. User Material Guidelines

You are welcome to submit reviews, comments, and other communications, videos, photos, or other Content via the Services or via any CLASSIC.COM-managed social media channels (e.g., X, Facebook, Instagram, etc.) (“User Materials”). You acknowledge and agree that you are responsible for all User Materials you make available on any Services and/or in any CLASSIC.COM-managed social media channels. You represent and warrant that (1) you have the authority to grant the rights in such User Materials as set forth below and (2) such User Materials, and the use of such User Materials, shall not violate these Terms of Use.

By submitting User Materials via the Services or via any CLASSIC.COM-managed social media channels, you grant to CLASSIC.COM a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, edit, translate, distribute, publish, perform, sublicense, distribute, sell, and display, in public or otherwise, any User Materials you make available, in any media or medium, in any form, format, or forum, in connection with provision of the Services to you or otherwise in connection with your permitted use of the Services, except as otherwise limited by applicable data privacy law or other legal requirements or restrictions. In addition to any Content that you made submitted to the Services, we may share your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services. For this reason, do not send any User Materials to us that you do not wish to license to us, including any confidential information. You also grant to CLASSIC.COM a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the User Materials. In addition, you grant CLASSIC.COM the right to include the name or other identifying label (e.g., handle) you provide along with the User Materials, with the understanding that CLASSIC.COM is under no obligation to attribute such User Materials to you. You waive any “moral rights” or other rights with respect to authorship or attribution or integrity of materials regarding User Materials that you may have under any applicable law or theory. You agree you will indemnify CLASSIC.COM for all claims relating from any User Materials you supply. CLASSIC.COM takes no responsibility and assumes no liability for any User Materials posted by you or a third party.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Materials that, as determined by CLASSIC.COM in its sole discretion: (i) infringe any 3rd party’s copyrights, intellectual property, or other rights (e.g., trademark, privacy rights, etc.), (ii) contain nudity, sexually explicit content or pornography, (iii) contain hateful, defamatory, threatening, intimidating, or discriminatory content or incite hatred or violence against any individual or group, (iv) exploit minors; (v) harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis or characteristic recognized by applicable law, (vi) contain advertisements, solicitations, or SPAM links to other websites or individuals, (vii) impersonate another business, person or entity, including CLASSIC.COM, its related entities, employees, and agents, (viii) violate any policy posted on the Services or on any third-party platform (e.g., social media platforms), (ix) depict unlawful acts of violence, (x) depict animal cruelty or violence towards animals, (xi) promote fraudulent schemes, multi-level marketing (“MLM”) schemes, pyramid schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures, (xii) violate any law or regulation, (xiii) are intended to cause harm, damage, disable, or otherwise interfere with the Services, (xiv) are inaccurate, deceptive, false or misleading, or (xv) direct buyers off CLASSIC.COM via videos, images or audio content including any contact information, web links, URLs or calls to action, except by mechanisms that are expressly part of the Services for Dealers, Auction Houses, or approved 3rd party advertisers, that ask viewers to take actions on other sites (for example, "Go to xyz.com to learn more").

7. Prohibited Uses

You may only use these Services for lawful purposes and in accordance with these Terms of Use. As a condition of your use of these Services, you warrant to CLASSIC.COM that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, nor will you attempt to do anything or permit, encourage, assist, or allow any third party to do anything prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of a third party, you may NOT do the following in connection with the Services and Content:

· Access and/or use any other person’s User Information or account, unless you have their express permission to do so.

· Impersonate, imitate, or pretend to be someone else, by setting up different accounts or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Services.

· List a vehicle that you do not own or have the legal right to sell on the behalf of the vehicle owner.

· Harvest or collect Personal Information about other users of the Services without their explicit and informed consent.

· Reproduce, duplicate, adapt, translate, copy, sell, resell, rent, visit, create derivative works of, timeshare, loan, distribute, otherwise exploit, or otherwise utilize any Services or Content (including product listings, descriptions, or prices), or any part thereof, for commercial purposes or for any purpose except those expressly authorized by these Terms of Use, without CLASSIC.COM’s express written consent.

· Except as provided in these Terms of Use, download, copy or transmit any Content for the benefit of any third party or for use with another service without CLASSIC.COM’s express written consent.

· Make available any User Materials through or in connection with the Services that is or may be in violation of the User Material Guidelines (set out above).

· Make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

· Interfere with or disrupt the operation of the Services or the systems, networks, or servers used to make the Services available, including by hacking or defacing any portion of the Services; or violate any procedure, policy, or requirements of such servers or networks.

· Restrict or inhibit another person from using the Services including, but not limited to any efforts to manipulate the price of any vehicle or interfere with any other User's listings.

· Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.

· Remove or modify any copyright or other intellectual property notices that appear in the Services.

· Frame or mirror any portions of the Services, or otherwise incorporate or compile any portion of the Services into any product or service, unless you obtain CLASSIC.COM’s express written consent.

· Systematically download or store any materials except as expressly authorized by these Terms of Use.

· Use any robot, spider, site search/retrieval application or other manual or automatic devices to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Services, without CLASSIC.COM’s express prior written consent.

· Circumvent any technical measures we use to provide the Services.

· Cause injury to any person or entity.

· Violate any law, rule, or regulation, these Terms of Use, or our Privacy Policy.

· Make any commercial, advertising, promotional, or marketing use of the Services and/or Content, except as permitted by law or as expressly permitted in writing by CLASSIC.COM.

· Use the Services or CLASSIC.COM’s name, logo, or brand to send any unsolicited or unauthorized materials, including advertising, promotional materials, email, or other form of solicitation.

· Use any meta tags or other hidden text or metadata utilizing a CLASSIC.COM trademark, logo, URL, or product name without CLASSIC.COM’s express written consent.

If we believe you are abusing the Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to the Services, delay or remove Content and/or listings, and take technical and/or legal steps to prevent you from using the Services. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue any aspects of the Services. Additionally, we reserve the right to refuse or terminate all or any component of the Services to anyone for any reason at our discretion.

8. Monitoring & Complaint Against Another User

Monitoring

To provide all users of our Services with a positive experience, we may monitor activities (including communications between Users using our communications tools) on the Services to ensure compliance with these Terms of Use. By utilizing the Services, you agree to such monitoring. CLASSIC.COM shall have the right (but not the obligation) in our sole discretion to edit, move, delete, or refuse to make any User Materials available through the Services for any reason, including violations of these Terms of Use. Nonetheless, CLASSIC.COM does not represent, warrant, or guarantee that it will monitor the Services for accuracy or unacceptable use or that it will take any specific action – or any action at all – in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use.

Complaint Against Another User

By using the publicly accessible portions of the Service you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that may violate the Agreement. You should understand that not all such Content is actionable. You may not use the Service, or lodge complaints against other Users, to facilitate a personal dispute. If you have a legitimate complaint about another User, please do the following:

· Harassment : If you have reason to believe that another User is using the Service in a way that is harmful to you or others (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you or others), we urge you to contact your local authorities, or appropriate state or federal agencies.

· Copyright Complaints : If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section entitled Digital Millenium Copyright Act — Notice and Counter-Notifications.

· Cyber Crime : If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).

IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF OUR AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).

9. Accuracy of Information & Corrections

Accuracy of Website Information

CLASSIC.COM designed its Services to meet your vehicle buying and selling needs by providing you with accurate and up-to-date information about CLASSIC.COM’s digital inventory and offerings across the country. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect information or statements relating to prices for or features/accessories on particular vehicles. Additionally, the color and general appearance of vehicles in photographs may appear differently in person depending on your device settings. CLASSIC.COM does not guarantee the accuracy of such information. All vehicles are subject to prior sale and may not be available when you are ready for purchase. Further, CLASSIC.COM reserves the right to change the terms of our guarantees and warranties, without notice. You agree that reliance on the vehicle listings and descriptions on the Services is at your own risk, and that you are responsible for verifying all Seller Vehicle and other information prior to purchase. For this reason, please contact the vehicle seller to confirm the accuracy of the contents of our Services before you visit make a purchase.

Corrections

If any information contained in a listing or Terms of Use is inaccurate, we will gladly correct it. Simply email us at support@classic.com, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.

10. Third-Party Content, Sites, and Services

The Services may contain advertisements, links or connections to third-party websites or services that are not owned or controlled by CLASSIC.COM. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that CLASSIC.COM is not responsible for such risks. We strongly encourage you to read any and all terms and conditions associated with any third-party websites or services you access.

When you use the Services, you may also be using the services of one or more third parties, such as your wireless carrier or a payment processing service, (collectively and individually, “Third-Party Services”), and you acknowledge that your use of those Third-Party Services may be subject to the separate policies and terms of use, including fees, of those third parties. Third-Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Third-Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. You agree that any Third-Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third-Party Services.

Unless otherwise stated or clear from context, references on the Services to any names, marks, products, or services of third parties, or links to third-party sites or information, are not any endorsement, sponsorship, or recommendation of the third party or its information, products, or services. CLASSIC.COM assumes no responsibility for the content of these third-party websites, or any links on those third-party sites, including any third-party social media or mobile application platform with which the Services operate or otherwise interact, and CLASSIC.COM has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, CLASSIC.COM assumes no responsibility for webcasting or any other form of transmission received from any linked website. You rely on the contents of a third-party website at your own risk and you assume all responsibilities and consequences resulting from such reliance. Other terms may apply to certain, software files contained within or distributed with the Services that are specifically identified in related documentation (“Third-Party Software”). Such Third-Party Software license terms shall apply to the corresponding Third-Party Software file in lieu of these Terms of Use.

11. Fees & Taxes

It is free to create an account for the Services but certain aspects of the Services are paid Services. If you decide to use these paid aspects of the Services, you agree to the Fees Terms set forth below, as we may amend them from time to time.

We reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

You agree to pay all such Fees at the rates in effect for the billing period in which such fees and charges are incurred. You must pay all fees and applicable taxes associated with our Services by the payment due date (including, without limitation, any fees incurred in connection with the use of our third party payment processor, Stripe). Stripe’s terms of service can be found at https://stripe.com/legal . Unless otherwise specified on the Service, all Fees will be quoted and charged in U.S. dollars. We and our Third Party services providers reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees.

If you submit a credit, debit, or payment account number, or other payment information upon registration, at the time of purchase, or otherwise, you authorize, give us and our Third Party services providers permission, and direct us and our Third Party services providers to retain such information and to charge all Fees to such payment method.

We may charge Fees in advance and on a daily, monthly, yearly, lump sum, or other basis. All Fees are due promptly and, unless otherwise indicated, are non-refundable. You must notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.

If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5% late charge compounded monthly, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys' fees; (iv) charge such Fees to any other payment method you have on file with us and/or our Third Party Providers; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.

In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, Internet and other services necessary to access, visit and/or use the Service. If you are accessing the Service via a mobile Device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the CLASSIC.COM may, in its sole discretion, do any of the foregoing on your behalf or for itself in its sole discretion.

12. Returns & Cancellations

You acknowledge and agree that any and all Vehicle returns or purchase cancellations will be subject to the terms and conditions you agree to with the other Buyer or Seller, and that CLASSIC.COM has no obligations or liability, and provides no warranties associated with the Seller Vehicles, contractual agreements between Buyers and Sellers, returns, or cancelled agreements.

If you have an agreement with CLASSIC.COM as part of our subscription services or for managed listings, unless those terms of those agreements specifically address refunds for the Services, these Terms of Use will apply in their entirety. Where there is a subscription services agreement or a managed listing agreement in place, the contractual agreement for the purchase of a vehicle will remain between the Buyers and Sellers as mentioned above.

13. Ownership and Proprietary Rights & Intellectual Property

Ownership and Proprietary Rights

You acknowledge and agree that the Services and all Content are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws and are the property of CLASSIC.COM or CLASSIC.COM’s third-party licensors. Except as expressly authorized by these Terms of Use, you may not make use of the Content and Services, and CLASSIC.COM reserves all rights to the Content and Services not granted expressly in these Terms of Use.

Intellectual Property

CLASSIC.COM is the owner of a number of registered trademarks and service marks, including, but not limited to, CLASSIC.COM (logo - device mark), “CLASSIC.COM” (word mark), and "Follow the Market". Any unauthorized use, replication, or other violations of trademark law will be prosecuted. All other trademarks not owned by CLASSIC.COM or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CLASSIC.COM.

14. Digital Millenium Copyright Act — Notice and Counter-Notifications

DMCA Notice

CLASSIC.COM will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below.

If you believe that your work has been reproduced or used on, or distributed via, the Services in a way that constitutes copyright infringement, you may notify CLASSIC.COM’s copyright agent in writing via email or first class U.S. mail that includes all of the below content (as required by 17 U.S.C. § 512). The below procedure is exclusively for notifying CLASSIC.COM that your copyrighted material may have been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, CLASSIC.COM will respond by either taking down the allegedly infringing content or blocking access to it. CLASSIC.COM may contact you to request additional information.

Notices and counter-notices are legal notices distinct from regular activities or communications on or via the Services. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

The DMCA notice must contain the following information:

· a legend or subject line that says: “DMCA Copyright Infringement Notice”;

· a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

· a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL, if applicable, of the website page on which the material appears);

· your full name, address, telephone number, and e-mail address;

· a statement by you that you have 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;

· a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

· your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.

CLASSIC.COM will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:

By Mail: CLASSIC.COM Attn: Legal Department/Infringement Notice 120 SW 8th St Miami, FL 33130 United States of America By E-Mail: legal@classic.com

It is often difficult to determine if your copyright has been infringed. CLASSIC.COM may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and CLASSIC.COM may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting CLASSIC.COM’s other rights, CLASSIC.COM may, in appropriate circumstances, terminate a repeat infringer’s access to the Services.

DMCA Counter-Notification

If access on the Services to a work that you submitted to CLASSIC.COM is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

· a legend or subject line that says: “DMCA Counter-Notification”;

· a description 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 (please include the URL, if applicable, of the website from which the material was removed or access to it disabled);

· a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

· your full name, address, telephone number, e-mail address, and the username of your account;

· a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of Florida), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

15. Arbitration Provision[MS2]

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Arbitration Provision describes when and how a Claim (defined below) shall be arbitrated. Arbitration is a way of resolving disputes before a neutral (a “Neutral”), instead of having a trial in court before a judge and/or jury. By using or accessing the Services, you and we agree to be bound by the terms of this Arbitration Provision.

IF YOU OR WE CHOOSE ARBITRATION, THEN: (1) ARBITRATION SHALL BE MANDATORY; (2) ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL; (3) DISCOVERY AND RIGHTS TO APPEAL WILL BE LIMITED; AND (4) YOU WILL GIVE UP YOUR RIGHT TO ACT AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION (“CLASS ACTION WAIVER”), WHETHER IN COURT OR IN ARBITRATION.

a. What Claims are Covered. A “Claim” is any claim, dispute or controversy between you and us that would normally be decided in court and that in any way arises from using or accessing the Services, services we provide you or make available, and disclosure or failure to protect your personal information. “Claim” includes: (1) initial claims, counterclaims, cross-claims and third-party claims; (2) disputes based on statutes, rules, contract or tort (including fraud and other intentional torts); and (3) demands for money, injunctions, declaratory relief and other equitable relief. But, “Claim” does not include: (x) any demand for a public injunction expressly authorized by statute; (y) any claim brought on an individual basis in a small claims court so long as the matter is not appealed or transferred; and/or (z) any dispute about the validity, enforceability, arbitrability or scope of this Arbitration Provision (and not the Services as a whole). A court must decide such disputes.

b. Commencing Arbitration or a Lawsuit. Before initiating a lawsuit or arbitration, the party wishing to assert a Claim (the “Claimant”) must give written notice to the other party (the “Respondent”) summarizing the Claim and the basis for the Claim, as well as the specific relief sought. The Claimant must give the Respondent at least 30 days to resolve the Claim on an individual basis. If you and we cannot resolve the Claim within this 30-day period, the Claimant may then bring a lawsuit or arbitration against the Respondent. However, the Respondent may require arbitration of the Claim during or after the 30-day period by giving notice to the Claimant or making a motion in any lawsuit the Claimant brings. If the Respondent does not initially demand arbitration, it can do so later if the Claimant changes its Claim or brings another Claim or if a later demand does not materially prejudice the Claimant.

c. AAA Rules. Any arbitration will be managed by the American Arbitration Association (“AAA”), www.adr.org , (800) 778-7879, under AAA rules (including AAA rules for starting arbitrations) that are consistent with this Arbitration Provision. But, if the AAA is unable or unwilling to manage the arbitration, you and we may agree upon (or a court may select) a different manager and/or select a Neutral and move forward without a manager. In all cases, any Neutral must be a lawyer with at least 10 years of legal experience or a retired judge.

d. Limiting Costs and Burdens. Absent good cause and where consistent with applicable law: (1) arbitrations should be limited to documents, without any testimony, oral argument or in-person hearing; (2) any needed testimony should be by recorded deposition instead of live testimony; (3) discovery obtained from a party in a prior proceeding involving similar facts, legal issues and/or counsel should be used instead of new discovery from that party; (4) any needed hearing should be virtual or by conference call; (5) any in-person hearing must be at a place reasonably convenient to you; (6) arbitration proceedings and awards shall be confidential and shall not be used in other arbitration proceedings; and (7) arbitration costs (not including our attorneys’ fees and costs) incurred by the parties after a party (the “Offeror”) has made a formal offer of compromise on an individual basis (“Offer”) to the other party (the “Offeree”) shall be borne by the Offeree and not the Offeror if the arbitration award is not more favorable to the Offeree in any respect than the Offer.

e. Arbitration and Attorneys’ Fees and Costs. Notwithstanding any language to the contrary in this Arbitration Provision, we will cover any arbitration and attorneys’ fees and costs we are required to bear under applicable law.

f . Class Action Waiver. If you or we demand arbitration, you give up your right to bring or participate in a class action, in court or in arbitration, and any right to assert a Claim in a representative capacity. Further, unless both you and we agree otherwise, the Neutral may not consolidate the Claims of more than one Claimant. Notwithstanding any other part of the Contract, if a court limits or voids the Class Action Waiver, and such decision is no longer subject to appeal, then this entire Arbitration Provision (except for this paragraph) will be null and void.

g. Group Arbitration. If 25 or more Claimants (a “Claimant Group”) have Claims against us with common issues of law or fact, despite any language in this Arbitration Provision to the contrary and except as we and the Claimant Group otherwise agree: (1) either the Claimant Group or we may require arbitration of such common issues in one or more group arbitrations of 25-100 claimants each (as nearly equal in number as possible); (2) each group arbitration will be conducted without a manager by a single Neutral appointed by a court with due regard to Neutral experience and charges; (3) a different Neutral will resolve each group arbitration and no decision in any arbitration will be referenced or considered in any other arbitration; (4) arbitration fees and charges will be shared 50/50 by us and the Claimant Group unless a court or the Neutral decides that, in the interests of justice, we must bear a larger share of the costs; and (5) any Claim that is not common to the Claimant Group and cannot be resolved in the group arbitration will be subject to the non-group provisions of this Arbitration Provision.

h. Arbitration Result. Judgment upon the award given by the Neutral may be entered in any court having jurisdiction. In response to a timely request from either party, the Neutral must provide a brief written explanation of the basis for any award. The Neutral’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act (the “FAA”).

i. Governing Law. This Arbitration Provision is governed by the FAA and not by any state arbitration law. The Neutral must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the FAA. The Neutral is authorized to award all individual remedies permitted by the substantive law that would apply if the action were pending in court, including any punitive damages that could be awarded in court (subject to applicable constitutional limitations that apply in court).

j. Survival. Except as provided in paragraph (f), if any part of this Arbitration Provision is determined to be invalid or unenforceable, this Arbitration Provision will remain enforceable. In the event of a conflict or inconsistency between this Arbitration Provision and the applicable arbitration rules or any contract between you and us, this Arbitration Provision will govern.

16. Governing Law & Waiver of Jury Trial

By using the Services, you agree that federal law (including federal arbitration law) and laws of the state of Florida, United States of America, without regard to the principles of conflict of laws, will govern these Terms of Use. Any disputes, claims, and actions arising from or in connection with these Terms of Use and Services that are not arbitrated or that otherwise result in court action will be resolved exclusively by a state or federal court in the state of Florida, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. YOU AND CLASSIC.COM BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

17. Warranty & Limitation of Liability

What follows applies only to your use of our Services and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing products liability or rights you have pursuant to our Limited Warranty.

Warranty

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT. CLASSIC.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES OR CONTENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, CLASSIC.COM WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES AND CONTENT. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

18. Indemnification

As a condition of use of the Services, you agree to indemnify CLASSIC.COM and its shareholders, officers, directors, employees, and agents from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from your use of the Services, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms of Use, any Content, or any User Materials submitted by you.

19. Release

If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

20. Disputes and Policy Enforcement

All disputes between buyers and sellers are to be resolved directly by such parties, without the involvement of CLASSIC.COM. If an issue arises in your transaction through the Services, please resolve it directly with the Buyer or Seller. CLASSIC.COM has no obligation to intervene in such disputes. We do not guarantee, and you hereby explicitly acknowledge and agree that CLASSIC.COM has no obligation, to take any particular action, or any action at all, with respect to such disputes (even in instances where a Buyer or Seller has violated the Terms). To the extent CLASSIC.COM, in its sole discretion, decides to assist a Buyer or Seller in a dispute, we may consider the User's performance history and the specific circumstances in applying our policies and we may choose to be more lenient with policy enforcement in an effort to do the right thing for both Buyers and Sellers.

21. Verification Information

As part of the Services, you may be required to provide CLASSIC.COM with a copy or image of your driver’s license, and/or vehicle title, vehicle identification number, chassis identification number, year, model, and make of any vehicle you are listing for sale. By providing CLASSIC.COM with a copy or image of your driver’s license, vehicle title, or any other vehicle information, you agree that CLASSIC.COM may use and retain the information contained therein in a manner permitted by applicable law as necessary to provide the Services.

22. Export Policy

You acknowledge that the vehicles and Services and any software or technology purchased, downloaded, or used from the Services are subject to all applicable customs and export control laws and regulations, and you agree to comply with all applicable laws, including, but not limited to, the Export Administration Act of 1979 (50 U.S.C. app. §§ 2401 et seq.); the Export Administration Regulations (15 C.F.R. §§ 730 et seq.) enforced by the U.S. Department of Commerce’s Bureau of Industry and Security; the International Emergency Economic Powers Act (50 U.S.C. §§ 1701 et seq.); the economic sanctions regulations (31 C.F.R. Parts 501-598) enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control; the Foreign Corrupt Practices Act (15 U.S.C. § 78dd-1, et seq.); and the U. S. Anti-boycott laws and regulations (31 C.F.R. Part 760). You agree, represent, and warrant that no Services or Content will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported to any territory (or resident of such territory), person, entity, or organization to which such Services and Content could not be transferred directly from the United States or by a U.S. person without a license, including, without limitation, to any person, entity, or organization on (1) the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List as published by the U.S. Department of the Treasury; (2) the Denied Persons List, the Entity List and the Unverified List as published by the Bureau of Industry and Security at the U.S. Department of Commerce, as such lists may be amended from time to time.

23. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy . If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

24. Communications

Communications with Us

You agree that by providing your phone number, CLASSIC.COM may call and/or send text messages (including through the use of equipment that automatically dials phone numbers) about your interest in a vehicle, for marketing/sales purposes, or for any other servicing or informational purpose related to your account/profile. You do not have to consent to receiving calls or texts to list your vehicle, purchase or sell on CLASSIC.COM but doing so may limit the Services available to you, and may be required to complete a vehicle purchase or sale.

Privacy of Others

If CLASSIC.COM provides you with information about another User (ex. Buyer’s name and email address), you agree you will use the information only for the purposes for which it is provided to you. You may not disclose or distribute a User's information to a third party for purposes unrelated to our Services. You acknowledge you will follow any and all requests by CLASSIC.COM, or the other User, to cease using the other User’s information, or delete it where requested, immediately upon request.

Communications with Others

As part of your use of the Marketplace or the Services, another User may provide you with their Personal Information or other information. You agree you will use the information only for the purposes for which it is provided to you. You may not disclose or distribute a User's information to a third party for purposes unrelated to our Services. You acknowledge you will follow any and all requests by CLASSIC.COM, or the other User, to cease using the other User’s information, or delete it where requested, immediately upon request.

Through the Services you may also be able to share Content with another User. All communications and shared Content must be appropriate and relevant to the Services, and must adhere to the terms contained herein, including but not limited to User Materials Guidelines and Prohibited Uses. Do not publicly post the personal or private information of others or other peoples' contact information. This also includes communications from community administrators and moderators. In general, do not publicly disclose any confidential or sensitive information.

25. Mobile Application Users

The following provisions apply to users of CLASSIC.COM’s Mobile Applications:

Users of iOS Applications

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the CLASSIC.COM Mobile Application compatible with the iOS operating system of Apple Inc. (“Apple”):

· CLASSIC.COM is solely responsible for the Mobile Application on your Apple device, and you may use the Mobile Application on your Apple device only as permitted by these Terms of Use and the Usage Rules set forth in Apple’s Media Store Terms and Conditions. Apple is not a party to these Terms of Use and does not own and is not responsible for any Mobile Application. Apple is not providing any warranty for the Mobile Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile Application and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Mobile Application, including any third-party product liability claims, claims that the Mobile Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. As between CLASSIC.COM and Apple Inc., to the extent that: (a) we are required to address any claims related to your, or a third party’s, use or possession of the Mobile Application on your Apple device, or any claims that the Mobile Application infringes a third-party’s intellectual property rights, CLASSIC.COM will be responsible for addressing, investigating, or defending the claim; and (b) we have not effectively disclaimed any warranties relating to the Mobile Application on your Apple device, we will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Mobile Application fails to conform to any warranty. Any inquiries or complaints relating to the use of the Mobile Application, including those pertaining to intellectual property rights, must be directed to CLASSIC.COM in accordance with the “Contact Information” section.

· The license you have been granted in these Terms of Use is limited to a non-transferable license to use the Mobile Application on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s Media Store Terms and Conditions. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Mobile Application, such as your wireless data service agreement.

· You represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

· Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, CLASSIC.COM’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.

Mobile Service, Internet, and Service Fees

The use of the Mobile Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Mobile Application, including administrative messages, service announcements, diagnostic data reports, and application updates, from CLASSIC.COM, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider relating to your use of the Mobile Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Mobile Application, including payment of all third-party fees associated therewith.

The Mobile Application may not work with all devices or all mobile carriers. CLASSIC.COM makes no representations that the Mobile Application will be compatible with or provided by all mobile carriers. If fees are charged for the Mobile Application, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Updates, Permissions, Notifications, and Information Received

To keep the Mobile Application up to date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.

When you use the Mobile Application, you may grant certain permissions to us for your device, and you may select if and when you want to receive certain notifications through the Mobile Application. Most mobile devices provide you with information about those permissions and notifications.

The Mobile Application will provide us with data about it and its interaction with the content you access using the Mobile Application and your use of it. Any information provided to us may be stored on servers in the United States of America. and is subject to these Terms of Use.

26. Contact Information

If you have a question or complaint regarding the Services, please send an email to support@classic.com. You may also contact us by writing to CLASSIC.COM, Attn: Customer Support, 120 SW 8th St, Miami, FL 33130, United States of America.

27. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to privacy@classic.com. You may also contact us by writing to CLASSIC.COM, Attn: Privacy Team, 120 SW 8th St, Miami, FL 33130. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

28. Miscellaneous

You understand and agree that these Terms of Use represent the entire agreement governing your use of the Services and that they supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and CLASSIC.COM. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. If your state, or country, of residence does not permit a limitation of liability for consequential or incidental damages or disclaimers of certain warranties as described in this agreement, then all or a portion of those sections may not apply to you. CLASSIC.COM’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit CLASSIC.COM’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. We may amend the Terms of Use at any time. Our right to amend the Terms of Use includes the right to modify, add to, or remove terms in the Terms of Use. Notices to you (including notices of changes to this these Terms of Use) may be made via posting to CLASSIC.COM’s websites, Mobile Application, or by e-mail (including in each case via links), or by regular mail. Changes to the Terms of Use are effective as of the date they are posted to our websites unless otherwise specified. Your continued access or use of the Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Terms of Use through an electronic click-through. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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