Welcome to Hot Rods Trader! Please read on to understand the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@hotrodstrader.com.

These Terms of Use (the “Terms”) are a binding contract between you and Hot Rods Trader (“Hot Rods Trader,” “we,” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy.

Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Connecting Sellers and Bidders/Buyers

Hot Rods Trader connects those offering vehicles and items for sale (“Sellers”) and those looking to acquire vehicles and items (“Bidders/Buyers”). The Services act as a meeting place only; the actual contract for sale for each car listed on the Services is directly between the Seller and the winning Bidder.

When we use the word “you” in these Terms, it refers to any user, regardless of whether they are a Seller, Bidder, other registered user, or unregistered user, while if we use one of those specific terms, it only applies to that category of user.

Before acquiring a car from any Seller (each, a “Seller Car”), Bidders are responsible for making their own determinations that the Seller Car is suitable. Hot Rods Trader is only responsible for connecting Sellers and Bidders, and can’t and won’t be responsible for making sure that any Seller Car is up to a certain standard of quality. Hot Rods Trader similarly can’t and won’t be responsible for ensuring that information (including credentials) any Bidder or Seller provides about themselves or about any Seller Car they are offering is accurate or up-to-date. Each Seller acknowledges and agrees that they shall make reasonable efforts to complete the sale of their Seller Car if there is a winning bid. Each Bidder acknowledges and agrees that if they are the winning bidder in an Trader through the Services, their bid is binding on the Bidder, and the Bidder is responsible for all applicable government fees and taxes for the vehicle won through such bid. Notwithstanding the foregoing, we don’t control the actions of any Bidder or Seller, and Sellers aren’t our employees.

HOT RODS TRADER DOES NOT DIRECTLY OFFER THE SELLER CARS. YOU HEREBY ACKNOWLEDGE THAT HOT RODS TRADER DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR THE SELLER CARS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE SELLER CARS, 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.

Sellers may not remove a car made available for Trader on the Services before the end of such Trader. While a Seller Car is listed on the Services, the Seller may not list or make available such Seller Car on any other Trader, dealership, listing service, or publication.

Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?
Hot Rods Trader takes the privacy of its users very seriously. For the current Hot Rods Trader Privacy Policy, please click here.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at support@hotrodstrader.com.

What are the basics of using Hot Rods Trader?
You may be required to sign up for an account, select a password and user name (“Hot Rods Trader User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Hot Rods Trader User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Sellers must comply with all laws that relate to the Seller Cars). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your Hot Rods Trader User ID, account, or password with anyone, and you must protect the security of your Hot Rods Trader User ID, account, password, and any other access tools or credentials. You’re responsible for any activity associated with your Hot Rods Trader User ID and account.

What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Hot Rods Trader sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving certain marketing messages.

Are there restrictions on how I can use the Services?
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

(a) infringes or violates the intellectual property rights or any other rights of anyone else (including Hot Rods Trader);

(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws, or any other purpose not reasonably intended by Hot Rods Trader;

(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable (including, without limitation, by creating multiple accounts for purposes of cheating or gaming the bidding system);

(d) jeopardizes the security of your Hot Rods Trader User ID, account, or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) copies or stores any significant portion of the Content; or

(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

How may I use information obtained from other users?
You may not collect any information from or relating to another user (“User Information”), whether via the Services, in the course of offering or making an offer on Seller Cars, as applicable, or otherwise, beyond what is necessary to complete your diligence and the Trader transaction. Upon the conclusion of an Trader, you must properly destroy all User Information from or relating to such user and make no further use of it whatsoever. You must collect, use, maintain, and transmit all User Information in compliance with all applicable laws.

What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Hot Rods Trader’s) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Hot Rods Trader owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

What about anything I contribute to the Services – do I have to grant any licenses to Hot Rods Trader or to other users?

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) violate any law.

Licenses

To display your User Submissions on the Services and allow other users to enjoy them (where applicable), you grant us specific rights in those User Submissions (details below). All licenses are subject to our Privacy Policy, especially concerning User Submissions that are personally identifiable.

By submitting User Submissions through the Services, you grant Hot Rods Trader a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and fully exploit the User Submissions in connection with this site, the Services, and our (and our successors’ and assigns’) businesses. This includes promoting and redistributing part or all of this site or the Services (and derivative works) in any media formats and through any media channels (including third-party websites and feeds) even after you terminate your account or the Services. You also grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions, including after your termination of your account or the Services. For clarity, these license grants do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses without infringing or violating any third-party rights, including privacy rights, publicity rights, copyrights, trademarks, contract rights, or other intellectual property or proprietary rights.

Finally, you understand and agree that Hot Rods Trader, in performing the technical steps required to provide the Services to users (including you), may need to make changes to your User Submissions to conform and adapt them to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?
In accordance with the DMCA, we have adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material we believe in good faith is copyrighted material illegally copied and distributed by any advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.

(1)   Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Hot Rods Trader's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

(a)   A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
(b)   Identification of works or materials being infringed;
(c)   Identification of the material claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company can find and verify its existence;
(d)   Contact information about the notifier including address, telephone number, and, if available, email address;
(e)   A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
(f)    A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

(2)   Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: Upon receipt of a proper notice of copyright infringement, we reserve the right to:

(a)   Remove or disable access to the infringing material;
(b)   Notify the content provider accused of infringement that we have removed or disabled access to the applicable material; and
(c)   Terminate such content provider's access to the Services if they are a repeat offender.

(3)   Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider believes the material that was removed (or to which access was disabled) is not infringing, or they believe they have the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

(a)                     A physical or electronic signature of the content provider;
(b)                    Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(c)                     A statement that the content provider has a good faith belief that the material was removed or disabled due to a mistake or misidentification of the material; and
(d)                    The content provider's name, address, telephone number, and, if available, email address, and a statement that they consent to the jurisdiction of the Federal Court for the judicial district where the content provider’s address is located, or, if the content provider's address is outside the United States, for any judicial district where the Company is located, and that they will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, the Company may, in its discretion, send a copy of the counter-notice to the original complaining party, informing them that the Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at the Company's discretion.

Please contact Hot Rods Trader's Designated Agent at the following address:

Hot Rods Trader
Attn: DMCA Designated Agent
support@hotrodstrader.com

Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take action regarding how you interpret and use the Content or what actions you may take as a result of being exposed to the Content, and you release us from all liability for acquiring or not acquiring Content through the Services. We can’t guarantee the identity of any users you interact with using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services and represent and warrant you have all necessary rights to do so in the manner you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Hot Rods Trader. When you access third-party websites or use third-party services, you accept the risks of doing so, and Hot Rods Trader is not responsible for such risks.

Hot Rods Trader has no control over and assumes no responsibility for the content, accuracy, privacy policies, practices, or opinions expressed in any third-party websites or by any third party you interact with through the Services. Additionally, Hot Rods Trader will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service you visit or utilize. By using the Services, you release and hold us harmless from any liability arising from your use of any third-party website or service.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Hot Rods Trader is under no obligation to become involved. In the event of a dispute with one or more other users, you release Hot Rods Trader, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or related to such disputes and/or our Services. You waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will Hot Rods Trader ever change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, introduce new features, impose limits on certain features, or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), at our sole discretion, and without notice.

Do the Services cost anything?
It is free to register for the Services, but certain aspects of the Services may require payment of fees. If you decide to use these paid aspects, you agree to the Fees Terms set forth below, which we may amend 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 using begin carrying

 a fee, and if you want to continue using such Services, you must pay all applicable fees for such Services.

What if I want to stop using the Services?
You’re free to do so at any time by contacting us at support@hotrodstrader.com; please refer to our Privacy Policy and licenses above to understand how we treat information you provide to us after you have stopped using our Services.

Hot Rods Trader is also free to terminate (or suspend access to) your use of the Services, your account, or any Content, at any time, for any reason in our discretion, including your breach of these Terms. Hot Rods Trader has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you before we terminate your account so that you can retrieve any important User Submissions you have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, or not in the interest of someone's safety or security to do so.

If you have deleted your account by mistake, contact us immediately at support@hotrodstrader.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

Warranty Disclaimer. Hot Rods Trader and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (collectively, the "Hot Rods Trader Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services. The Hot Rods Trader Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising out of your participation in the Services. The Hot Rods Trader Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including any Seller Cars. Seller Cars and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS-IS" without any warranty of any kind from the Hot Rods Trader Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY HOT RODS Trader (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

HOT RODS Trader (I) MAKES NO REPRESENTATIONS OR WARRANTIES OR ASSUMES RESPONSIBILITY FOR ANY CAR ADVERTISED OR OFFERED BY A SELLER THROUGH THE SERVICE (OR ANY HYPERLINKED WEBSITE OR SERVICE) AND (II) WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A BIDDER OR OTHER THIRD-PARTY PROVIDER.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE HOT RODS Trader PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO HOT RODS Trader IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Hot Rods Trader Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Hot Rods Trader's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Hot Rods Trader and limits the manner in which you can seek relief from Hot Rods Trader. Both you and Hot Rods Trader acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Hot Rods Trader's officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Diego County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern the payment of all arbitration fees. Hot Rods Trader will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Hot Rods Trader will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Hot Rods Trader may assert claims, if they qualify, in small claims court in Montgomery County, Maryland or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND HOT RODS Trader WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Hot Rods Trader are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Hot Rods Trader over whether to vacate or enforce an arbitration award, YOU AND HOT RODS Trader WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Hot Rods Trader is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following email address: support@hotrodstrader.com sent within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreements.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Hot Rods Trader to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Hot Rods Trader agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Diego County, California, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Hot Rods Trader.

Miscellaneous. You are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments related to your activities with the Services. However, Hot Rods Trader may, at its discretion, handle any of these tasks on your behalf or for itself as it deems appropriate. The failure of either party to exercise any right under these Terms does not constitute a waiver of any further rights. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, so that these Terms remain in full force and effect and enforceable. Both you and Hot Rods Trader agree that these Terms represent the complete and exclusive understanding between the parties and supersede all prior written and oral agreements, communications, and understandings related to the subject matter of these Terms. You acknowledge and agree that you are not an employee, agent, partner, or joint venture of Hot Rods Trader and do not have any authority to bind Hot Rods Trader in any way.

Except as expressly provided in the arbitration agreement section, you and Hot Rods Trader agree that there are no third-party beneficiaries intended under these Terms.