Terms of Use

The license to use our App is restricted as follows:
 

1. Limitations on Copying and Distribution. You may not copy or distribute the App except to the extent that copying is necessary to use the App for purposes set forth herein.
   
2. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law.
3. Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the App on a device not owned and controlled by you.
4. Proprietary Notices. You may not remove any proprietary notices (g., copyright and trademark notices) from the App or its documentation.
5. Use in Accordance with Documentation. All use of the App must be in accordance with its then current documentation, if any, provided with the App or made available on Salvato’s website.
6. Confidentiality. You must hold the App and any related documentation in strict confidence for your own use only.
7. Compliance with Applicable Law. You are solely responsible for ensuring your use of the App is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

You may sign up to the Platform if you are at least 18 years old and meet all requirements set forth in these Terms of Use and all requirements imposed by federal, state, and local laws and regulations. You must provide the information Salvato requests at the time of registration, which may include your name, email address, phone number, address, proof of identity (e.g., driver’s license, state ID, passport, etc.), and proof of applicable business license (“Registration Information”). Upon Salvato’s request, you agree to provide updated Registration Information. Salvato is not responsible for verifying you have the applicable licenses to participate in the services. You are responsible for obtaining and renewing all applicable licenses to participate in the services and place bids and Salvato may suspend your access to the Platform if you have not provided sufficient proof that you are licensed.

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or Salvato has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Salvato suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

1. You may engage a licensed third party (collectively, “Purchaser”) to assist you in accessing, bidding on, and purchasing Vehicles on the Website by registering directly with the Purchaser on their website. If you choose to engage a Purchaser to bid on and purchase a Vehicle on the Website, you should carefully read and understand the Purchaser’s terms and conditions. Salvato is not a party to any agreement between you and a Purchaser. Any Vehicles a Purchaser resells to you are purchased solely from the Purchase and Salvato is not a party to or responsible for such transactions.
2. Salvato may provide photo and videos of a Vehicle as well as Vehicle records, data, history, identification information, or other information about a Vehicle through the Platform (“Vehicle Information”). Salvato expressly disclaims the accuracy or completeness of all Vehicle Information. It is your responsibility to research any Vehicle prior to placing a bid; you should not rely on any Vehicle Information in deciding whether to place such bid.
3. You may submit a Current Bid or a Max Bid on a Vehicle through the Platform. A “Current Bid” is a bid on a Vehicle that is placed immediately and publicly disclosed to all other bidders of the Vehicle. A “Max Bid” is the maximum bid that you are willing to submit for a Vehicle. A Max Bid is not placed immediately and is not publicly disclosed to any other bidder of the Vehicle. However, a Max Bid will be converted into a publicly disclosed Current Bid, the amount of which depends on the bidding activity with respect to the Vehicle and is equal to one bid increment higher than the latest bid, but under no circumstances will be greater than the Max Bid. For example, if the latest bid on the Vehicle is $1,000, your Max Bid is $2,000, and the bid increment is $25, Salvato will automatically submit a Current Bid for you in the amount of $1,025, which would be publicly disclosed to the other bidders of the Vehicle.
4. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.
5. Salvato has the right to (i) reject or void bids for any reason, unless prohibited by applicable law, (ii) postpone the sale of a Vehicle or remove such Vehicle from the Platform, and (iii) cancel the sale of a Vehicle if Salvato determines that the Vehicle Information or bidding information was inaccurate, that the purchaser does not have the applicable licenses, or that such action is necessary to prevent fraud or other illegal activity.

1. You are responsible for the transportation of the Vehicles you purchase. Purchased Vehicles must be picked up from the location where the Vehicle is stored within the required number of days after the purchase date set forth in Salvato’s pricing page at (“Pricing Page”). Failure to pick up the Vehicle within the required time period will result in storage fees that will be charged per day/per vehicle in an amount set forth in the Pricing Page (the “Storage Fee”). Vehicles can be picked up only during the hours provided by Salvato. Vehicles remaining after the purchase date will be at the sole risk of the purchaser.
2. You agree to comply with any policies provided by Salvato or its contractors when you are on the premises where the Vehicle is stored. You shall ensure any Vehicles you purchase are properly loaded and secured for safe transportation off of the premises.
3. Risk of loss on a purchased Vehicle passes to the purchaser once the Vehicle has been awarded to the purchaser. Salvato will not be responsible for any damage to or loss of the Vehicle after the Vehicle has been awarded to the purchaser, unless such damage or loss is due to Salvato’s gross negligence or willful misconduct. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SALVATO FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, LAWSUITS, DAMAGES, OBLIGATIONS, LIABILITIES, JUDGMENTS, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM DAMAGE TO ANY VEHICLE YOU PURCHASE.

1. You agree that Salvato and those acting on Salvato’s behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Platform. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM SALVATO, YOU CAN EMAIL contact@SalvatoAuctions.com, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE PLATFORM. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request.
2. Salvato may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Unless otherwise specified, the Platform is intended for your personal, non-commercial use only. You may not access and/or store the Platform or any of the Content except for personal, non-commercial use or as otherwise authorized in these Terms of Use.

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

• In any way that violates any applicable federal, state, local or international law or regulation.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Salvato, a Salvato employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Salvato or users of the Platform or expose them to liability.

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Platform.

The Website may be used to access certain online services. In some cases, you will not receive a separate notice when the Website connects to those services. Using the Website constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.

You may elect to purchase additional features or functionality for the App through in-app purchases. You agree to pay all fees associated with purchases made through the App. All fees are non-refundable, non-cancellable. You may also be able to purchase products and/or services using the App. If a credit or debit card, or bank account (“Charge Account”) is being used for a transaction, Salvato may obtain pre-approval for an amount up to the amount of the payment. All charges and fees will be billed to the Charge Account you designate during the setup process. If you want to designate a different Charge Account or if there is a change in your Charge Account, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making payments that (i) any Charge Account you supply is true, correct and complete, (ii) charges incurred by you will be honored by your Charge Account company or issuer, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the Charge Account is maintained and you are authorized to make a purchase or other transaction with the relevant Charge Account.

Certain location-enabled functionality made available through our Platform may be provided by Google Inc., Apple Inc., and other third party providers.  Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information.  All location-based information is provided entirely “as-is,” without warranties of any kind.

All questions and requests relating to support of the Platform must be directed to Salvato. The Third Parties, as defined in Section 23, are not responsible for providing support for the Platform and may not be contacted for support. We may change or remove functionality and other features of the Platform at any time, without notice.

Salvato will have no liability for errors, unreliable operation, or other issues resulting from use of the App on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the App on Modified Devices will be at your sole and exclusive risk and liability.

Although Salvato attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Salvato so that it can be corrected. All vehicle warranty claims are exclusively subject to and must be made in accordance with the Salvato Buyer Promise. Salvato reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Salvato will have no responsibility or liability for information or Content posted to the Platform from any non-Salvato affiliated third party.

1. Your use of the Platform is subject to a one-time deposit as set forth in the Pricing Page (the “Deposit”).
2. If you submit a winning bid on a Vehicle and are awarded the Vehicle, you will be charged the auction price of that Vehicle (“Vehicle Auction Price”).
3. For each Vehicle you purchase through the Platform, in addition to the Vehicle Auction Price, you must pay a fee equal to the amount set forth in Salvato’s Pricing Page at https://www.SalvatoAuctions.com/Buyer-Fees (the “Buyer’s Fee”).
4. You may be responsible for additional fees that will be communicated to you at the time you request Salvato provide certain services. For example, electing to pay any fees using certain payment methods  or requesting Salvato mail you records concerning a Vehicle you purchase may result in additional fees.
5. All amounts payable under these Terms of Use are denominated in United States dollars, will be paid in United States dollars, and are non-refundable unless these Terms of Use or the Pricing Page expressly states that the fee is refundable.
6. You will pay the Vehicle Auction Price, Buyer’s Fee, and any other fees in accordance with these Terms of Use and the Pricing Page.
7. You will bear all taxes, duties, and other governmental charges resulting from the purchase of any Vehicles or in connection with the services.
8. You can purchase products and/or services on the Platform. We accept credit and debit cards issued by U.S. banks. If a debit or credit card account is being used for a transaction, Salvato may obtain preapproval for an amount up to the amount of the payment. All charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
9. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

You acknowledge that the Vehicles and Content which are sold or licensed on the Platform, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Platform or by purchasing a Vehicle, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software, technology, or Vehicle to a foreign national or a foreign destination in violation of the law. By purchasing any Vehicles, you agree that you will not use any Vehicles, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Salvato from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

Salvato makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-Salvato website, please understand that it is independent from Salvato, and that Salvato has no control over the content on that website. In addition, a link to a non-Salvato website does not mean that Salvato endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.

1. You represent and warrant that (i) you will comply with all applicable laws related to your use of the Platform and purchase, transportation, and resale of Vehicles and (ii) you have all applicable licenses to bid on, purchase, transport, and (if applicable) resell Vehicles.
2. You agree to defend, indemnify and hold Salvato harmless from and against any claim, action, suit, demand, investigation, proceeding, fine, liability, loss, costs, claims and damages, including reasonable attorneys’ fees and expenses suffered, incurred, or sustained by Salvato arising out of (i) your breach of these Terms of Use, (ii) your violation of applicable law, (iii) your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password, and (iv) your use, sale, or transfer of any Vehicle.

1. SALVATO DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. SALVATO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION (INCLUDING ANY VEHICLE INFORMATION) OBTAINED THROUGH THE PLATFORM.
2. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, VEHICLES, AND LINKED WEBSITES. SALVATO DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

SALVATO AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, VEHICLES PURCHASED THROUGH THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, VEHICLES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF SALVATO TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS FIVE HUNDRED DOLLARS ($500) AND WITH RESPECT TO YOUR PURCHASE OF A VEHICLE IS THE AMOUNT PAID BY YOU TO SALVATO FOR SUCH VEHICLE. YOU SHALL NOT BE ENTITLED TO ANY ADDITIONAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY REPAIR COSTS, VEHICLE PARTS, LABOR COSTS, TRANSPORTATION COSTS, INSPECT COSTS, OR LOST PROFITS.

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the App. Salvato, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF USE OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

The App may enable access to Salvato’s and/or third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Salvato is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the App or External Service, including but not limited to financial and location information and Vehicle Information, is for general informational purposes only and is not guaranteed by Salvato or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of Salvato or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Salvato is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Salvato reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

We will try work in good faith to resolve any issue you have with the Platform, including any products or services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

YOU AND SALVATO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM, SERVICES OR PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this Section. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you seek arbitration or elect to file a small claim court action, you must first send Salvato, by certified mail, a written notice of your claim (a “Notice”) to 2339 N California Ave, #47423, Chicago, IL, 60647. If Salvato initiates the arbitration, it will send such Notice to you in accordance with this Section. A Notice, whether sent by you or Salvato, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and Salvato do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Salvato may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR SALVATO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Salvato reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Salvato and you pertaining to the subject matter hereof. In its sole discretion, Salvato may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. If Salvato makes material changes to these Terms of Use, Salvato will use commercially reasonable efforts to notify you by email to the email address specified in your account. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us page available at https://www.SalvatoInc.com/Contact-Us on our Platform.  

How to Contact Us:

Salvato, Inc.

2339 N California Ave, #47423 Chicago, IL, 60647

Email: contact@SalvatoAuctions.com