Terms of Use

01 Acceptance of These Terms

By accessing or using the Platform, you represent and warrant that:

• You are at least eighteen (18) years of age.
• You possess the legal capacity to enter into a binding contract under the laws of the Commonwealth of The Bahamas.
• All information you provide to CayMark is true, accurate, complete, and current.
• You will comply with these Terms, all applicable laws, regulations, and all CayMark policies.
• You will use the Platform only for its intended purposes.

If you are accessing the Platform on behalf of a business, corporation, partnership, government entity, or other organization, you represent and warrant that you possess full authority to bind that entity to these Terms. In such circumstances, references to "you" shall include both you individually and the organization you represent.

02 About CayMark

CayMark Auctions operates an online automotive marketplace and auction platform designed to facilitate the listing, marketing, buying, selling, and auctioning of eligible vehicles between registered users.

The Platform may include, but is not limited to:

• Online vehicle auctions;
• Marketplace listings;
• Buy Now listings;
• Buyer and Seller account management;
• Vehicle listing services;
• Messaging and communications;
• Vehicle search and browsing tools;
• Listing management tools;
• Notifications and alerts; and
• Other services offered by CayMark from time to time.

Unless expressly stated otherwise in writing, CayMark does not own, purchase, consign, broker, finance, warehouse, transport, export, import, or otherwise take title to vehicles listed by users on the Platform.

Vehicle listings are created by independent sellers, and transactions are entered into directly between buyers and sellers. CayMark provides the technology, infrastructure, and administrative services that enable those users to conduct transactions through the Platform.

Nothing contained within these Terms shall be interpreted as creating a partnership, agency, employment relationship, joint venture, dealership, brokerage relationship, or fiduciary relationship between CayMark and any user of the Platform.

03 Definitions

For purposes of these Terms:

"Account" means a registered user account created to access certain features of the Platform.

"Auction" means a timed online bidding event conducted through the Platform for the sale of a listed vehicle.

"Buyer" means any registered user who places bids on or purchases vehicles through the Platform.

"Seller" means any registered user who lists one or more vehicles for sale through the Platform.

"Listing" means any vehicle advertisement, auction, Buy Now listing, photographs, descriptions, specifications, pricing, or related information submitted by a Seller.

"Content" means all text, graphics, photographs, logos, software, databases, videos, audio, documents, trademarks, and other materials available on or through the Platform.

"User Content" means any information, photographs, videos, documents, listings, communications, reviews, comments, or other materials submitted by a user.

04 Eligibility to Use the Platform

The Platform is intended solely for individuals and businesses that are legally permitted to buy, sell, or participate in vehicle auctions under applicable law.

To register for an account, you must:

• Be at least eighteen (18) years of age;
• Possess legal capacity to enter into binding agreements;
• Successfully complete CayMark's registration process;
• Provide accurate registration information;
• Successfully complete any identity verification required by CayMark; and
• Comply with these Terms and all other applicable CayMark policies.

CayMark reserves the right to approve, deny, suspend, restrict, or revoke any account registration at its sole discretion where permitted by applicable law.

Eligibility to use the Platform does not guarantee continued access. Continued access is conditioned upon ongoing compliance with these Terms and all applicable laws.

05 User Accounts and Account Security

Certain features of the Platform require the creation of a registered account.

You agree to provide complete, accurate, and current registration information and to promptly update your information whenever it changes.

You are solely responsible for:

• Maintaining the confidentiality of your username and password;
• Restricting access to your account;
• Maintaining the security of your login credentials;
• All activities conducted through your account, whether authorized or unauthorized; and
• Immediately notifying CayMark of any suspected unauthorized access, security breach, or misuse of your account.

CayMark reserves the right to require additional verification before granting access to an account where suspicious activity is detected.

Accounts may not be sold, transferred, shared, assigned, or otherwise made available to another individual without CayMark's prior written consent.

CayMark shall not be liable for any loss, damage, or unauthorized activity resulting from your failure to adequately safeguard your account credentials.

06 Identity Verification

To maintain the integrity and security of the Platform, CayMark may require users to verify their identity before accessing certain services or participating in transactions.

Verification requirements may include, without limitation:

• Government-issued identification;
• Proof of address;
• Ownership documentation;
• Vehicle registration documents;
• Additional information reasonably requested to verify identity or ownership.

Submission of verification documents does not guarantee approval of an account, listing, or transaction.

CayMark reserves the right to request updated verification documents at any time where reasonably necessary to protect the Platform, its users, or to comply with applicable legal obligations.

Providing false, altered, misleading, or fraudulent documentation constitutes a material violation of these Terms and may result in immediate suspension or permanent termination of your account.

07 License to Access and Use the Platform

Subject to your compliance with these Terms, CayMark grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for its intended purposes.

This license does not transfer to you any ownership or proprietary interest in the Platform or its Content. Except as expressly permitted by these Terms or with CayMark's prior written consent, you may not reproduce, distribute, modify, publish, transmit, create derivative works from, commercially exploit, reverse engineer, or otherwise use any portion of the Platform.

CayMark reserves all rights not expressly granted under these Terms.

08 Permitted Use

The Platform is provided solely as an online marketplace and auction service for eligible buyers and sellers.

You agree to access and use the Platform only for lawful purposes and in a manner that does not interfere with the operation, security, integrity, or availability of the Platform or the rights of other users.

Your use of the Platform must at all times comply with these Terms, all applicable CayMark policies, and all applicable laws and regulations of the Commonwealth of The Bahamas.

09 Prohibited Conduct

Without limiting any other provision of these Terms, you shall not directly or indirectly:

• violate any applicable law, regulation, court order, or governmental requirement;
• provide false, misleading, inaccurate, or fraudulent information;
• impersonate any individual or entity or misrepresent your affiliation with another person or organization;
• submit forged, altered, or unauthorized documents;
• list, advertise, or offer any vehicle that you are not legally authorized to sell;
• manipulate, interfere with, or attempt to influence any auction, listing, bid, or transaction through fraudulent, deceptive, collusive, or unfair practices;
• circumvent, disable, or interfere with any security feature or technical safeguard implemented by CayMark;
• introduce malicious code, malware, viruses, bots, automated scripts, or other technologies designed to disrupt or impair the Platform;
• scrape, harvest, extract, reproduce, or systematically collect information or Content from the Platform without CayMark's prior written authorization;
• use the Platform in any manner that could damage CayMark's reputation, business operations, or the experience of other users; or
• engage in any conduct that CayMark reasonably determines to be abusive, unlawful, fraudulent, or inconsistent with the intended purpose of the Platform.

CayMark reserves the right to investigate suspected violations of these Terms and to take any action it considers appropriate, including restricting access to the Platform, removing content or listings, suspending transactions, terminating accounts, or referring matters to the appropriate authorities where permitted or required by law.

10 Vehicle Listings

Sellers are solely responsible for every vehicle listing submitted through the Platform and for ensuring that all information contained within a listing is complete, accurate, current, and not misleading.

By submitting a listing, the Seller represents and warrants that they possess the legal right and authority to offer the vehicle for sale and that all information, photographs, documentation, and descriptions accurately reflect the vehicle at the time the listing is published.

CayMark may, but is under no obligation to, review, edit, reject, suspend, or remove any listing that, in its sole discretion, appears to violate these Terms, applicable law, or any CayMark policy. Any review or approval of a listing by CayMark shall not constitute a representation or warranty regarding the vehicle, its ownership, title status, condition, legality, or fitness for sale.

The Seller remains solely responsible for the accuracy of the listing and for any legal obligations arising from the advertisement or sale of the vehicle.

11 Transactions Between Users

CayMark provides the technology and services that enable registered buyers and sellers to communicate and conduct transactions through the Platform.

Except where expressly stated otherwise, CayMark is not a buyer, seller, dealer, broker, agent, consignee, or party to any agreement entered into between users. Accordingly, CayMark assumes no responsibility for the conduct of buyers or sellers, the accuracy of listings, the quality, condition, safety, legality, ownership, or availability of vehicles, the completion of transactions, or any dispute arising between users.

Each Buyer and Seller is solely responsible for complying with all applicable laws, completing any required documentation, satisfying any tax or licensing obligations, and fulfilling the terms of any transaction entered into through the Platform.

12 Intellectual Property Rights

The Platform, including its design, layout, software, source code, databases, text, graphics, logos, icons, images, audio, video, trademarks, service marks, trade names, branding, functionality, and all other content made available through the Platform (collectively, the "Content"), is owned by or licensed to CayMark and is protected by the copyright, trademark, intellectual property, and other applicable laws of the Commonwealth of The Bahamas and international treaties.

Except as expressly permitted under these Terms, no portion of the Platform or its Content may be copied, reproduced, republished, uploaded, displayed, transmitted, distributed, modified, reverse engineered, licensed, sold, exploited, or otherwise used without the prior written consent of CayMark.

Nothing contained within these Terms shall be interpreted as granting any license or right to use any trademark, logo, trade name, service mark, or other intellectual property belonging to CayMark without our prior written authorization.

All rights not expressly granted under these Terms are reserved by CayMark.

13 User Content

Users may submit information, photographs, videos, documents, comments, communications, listings, and other materials through the Platform ("User Content").

You retain ownership of any intellectual property rights you possess in your User Content. However, by submitting User Content to the Platform, you grant CayMark a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, publish, display, distribute, adapt, resize, and otherwise use such User Content solely for the purpose of operating, maintaining, promoting, securing, improving, and administering the Platform and the services offered through it.

You represent and warrant that:

• you own or otherwise possess all rights necessary to submit the User Content;
• your submission does not infringe the rights of any third party;
• the User Content is accurate to the best of your knowledge; and
• the User Content complies with these Terms and all applicable laws.

CayMark reserves the right, but assumes no obligation, to review, monitor, edit, refuse, restrict, or remove User Content that we reasonably believe violates these Terms, applicable law, or the rights of any third party.

14 Third-Party Services and Links

The Platform may contain links to third-party websites, products, services, applications, or resources that are not owned or controlled by CayMark.

Such links are provided solely for the convenience of users and do not constitute an endorsement, approval, recommendation, or representation by CayMark regarding any third party.

CayMark assumes no responsibility or liability for the availability, content, accuracy, privacy practices, security, products, services, or operations of any third-party website or service. Accessing any third-party website is done entirely at your own risk and is subject to that third party's own terms and privacy policies.

15 Availability of the Platform

CayMark strives to maintain reliable access to the Platform; however, uninterrupted availability cannot be guaranteed.

We reserve the right, at any time and without prior notice, to modify, suspend, restrict, discontinue, update, maintain, repair, or replace any portion of the Platform, its services, or its functionality.

From time to time, access to the Platform may be interrupted due to scheduled maintenance, emergency maintenance, software updates, security concerns, technical failures, telecommunications interruptions, power outages, acts of nature, or circumstances beyond our reasonable control.

CayMark shall not be liable for any loss, delay, interruption, inconvenience, or damages arising from the temporary or permanent unavailability of the Platform.

16 Suspension and Termination

CayMark reserves the right, in its sole discretion and without limiting any other rights or remedies available under these Terms or applicable law, to suspend, restrict, deactivate, or permanently terminate your account or access to the Platform where we reasonably determine that:

• you have violated these Terms or any CayMark policy;
• you have provided false or misleading information;
• your account has been used in a fraudulent, unlawful, or unauthorized manner;
• your conduct poses a security, legal, financial, or reputational risk to CayMark or other users; or
• suspension or termination is otherwise necessary to protect the integrity, security, or proper operation of the Platform.

Termination of an account shall not relieve any party of obligations that arose before the effective date of termination, including any payment obligations, legal responsibilities, or liabilities that survive termination.

CayMark may also retain information following account termination where required or permitted by applicable law, our Privacy Policy, or for legitimate business purposes.

17 Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Platform and all Content, services, features, and functionality are provided on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis.

CayMark makes no representation or warranty, whether express, implied, statutory, or otherwise, regarding the Platform or any vehicle listed through it, including any warranty of merchantability, fitness for a particular purpose, non-infringement, title, availability, accuracy, reliability, completeness, or uninterrupted operation.

Without limiting the foregoing, CayMark does not warrant that:

• the Platform will always be available, secure, or error-free;
• defects or errors will be corrected;
• the Platform is free from viruses or other harmful components;
• vehicle listings are accurate, complete, or current;
• sellers possess valid ownership of listed vehicles;
• transactions between users will be completed successfully; or
• the Platform will meet your individual expectations or requirements.

18 Limitation of Liability

To the fullest extent permitted by applicable law, CayMark, its affiliates, subsidiaries, officers, directors, employees, contractors, agents, licensors, successors, and assigns shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunities, goodwill, data, anticipated savings, or other economic loss arising out of or relating to:

• your access to or use of the Platform;
• your inability to access or use the Platform;
• any vehicle listing or information published by a user;
• any transaction entered into between users;
• delays, interruptions, or failures of the Platform;
• unauthorized access to or use of your account or personal information;
• the acts or omissions of any buyer, seller, or other third party; or
• any other matter arising from or relating to the Platform or these Terms.

This limitation applies regardless of the legal theory asserted, whether based in contract, tort (including negligence), strict liability, statute, equity, or otherwise, and even if CayMark has been advised of the possibility of such damages.

Nothing contained in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited under the laws of the Commonwealth of The Bahamas.

19 Indemnification

You agree to defend, indemnify, and hold harmless CayMark, its affiliates, subsidiaries, officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any claims, actions, proceedings, liabilities, damages, judgments, losses, costs, penalties, fines, or expenses, including reasonable legal fees, arising out of or relating to:

• your use of the Platform;
• your breach of these Terms;
• your violation of any applicable law or regulation;
• your infringement of the rights of any third party;
• any User Content submitted through your account; or
• any transaction in which you participate through the Platform.

CayMark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such circumstances, you agree to cooperate fully with CayMark in the defense of such matters.

20 Force Majeure

CayMark shall not be liable for any delay, interruption, suspension, failure, or inability to perform any obligation under these Terms where such delay or failure results from circumstances beyond our reasonable control.

Such circumstances include, but are not limited to, acts of God, hurricanes, floods, fires, earthquakes, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, power outages, internet or telecommunications failures, cyberattacks, software failures, hosting interruptions, or other events beyond CayMark's reasonable control.

During the existence of any force majeure event, CayMark may suspend or modify services without liability until normal operations can reasonably resume.

21 Electronic Communications and Electronic Transactions

By accessing or using the Platform, you consent to receive communications from CayMark electronically, including through email, website notifications, SMS messages where applicable, or other electronic means.

You agree that electronic communications, notices, disclosures, records, contracts, agreements, acknowledgements, and other documents provided electronically satisfy any legal requirement that such communications be in writing.

Where applicable, electronic signatures, electronic records, and electronic transactions conducted through the Platform shall have the same legal force and effect as handwritten signatures and paper records in accordance with the Electronic Communications and Transactions Act, 2003 of the Commonwealth of The Bahamas.

22 Governing Law and Jurisdiction

These Terms of Use shall be governed by, construed, and interpreted in accordance with the laws of the Commonwealth of The Bahamas, without regard to its conflict of law principles.

Unless otherwise required by applicable law or agreed by the parties in writing, any dispute, claim, or legal proceeding arising out of or relating to these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of The Bahamas.

Nothing contained in this section shall prevent CayMark from seeking injunctive or equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property, confidential information, or other legal rights.

23 Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall remain valid, enforceable, and in full force and effect.

24 No Waiver

No failure or delay by CayMark in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy.

Any waiver by CayMark shall be effective only if made expressly in writing and shall not constitute a continuing waiver or a waiver of any subsequent breach.

25 Entire Agreement

These Terms of Use, together with the Privacy Policy, Buyer Agreement, Seller Agreement, Copyright Policy, Prohibited Activity Policy, and any additional policies or agreements expressly incorporated by reference, constitute the entire agreement between you and CayMark concerning your access to and use of the Platform and supersede all prior or contemporaneous discussions, understandings, representations, and agreements relating to the subject matter herein.

26 Changes to These Terms

CayMark reserves the right to amend, revise, or update these Terms at any time in its sole discretion.

Any amendments shall become effective immediately upon publication on the Platform unless a different effective date is specified.

Your continued access to or use of the Platform following the publication of revised Terms constitutes your acceptance of the updated Terms.

You are responsible for reviewing these Terms periodically to remain informed of any changes.

27 Contact Information

Questions regarding these Terms of Use or the Platform may be directed to:

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