TERMS AND CONDITIONS

You are entering into a legally binding agreement. These Member Terms and Conditions, the posted on our Website (collectively the “Agreement” or “Contract”) sets out the terms and conditions that govern your access to and use of our Membership Services and our affiliated dealers and dismantlers (“Dealers”) Services, as defined below. This Agreement is between our applicable Contracting Party (“we”, “us”, “our”, “Auction Pass”), as defined in Section 2 below, and you or the entity you represent (“you, “You”, “Your”). Membership Services include access to and use of our Websites, applications, tools, and services (collectively "Membership Services"). Services provided by Dealers include the purchase and sale of items via third party auctions. The terms are posted on our Website are expressly incorporated into this Agreement.

Please be advised that this Agreement affects your legal rights and contains provisions that govern how claims you and AuctionPass.com and or the Dealers have against each other are resolved (see Section 9 (Dispute Resolution)). You should read this entire Agreement carefully before accepting it. If you object to anything in this Agreement or otherwise do not understand or agree to be bound by this Agreement, do not use our Services. If you use our Membership Services in any way, you agree to and are bound by this Agreement. You may print a copy of this Agreement by using the print button or feature in your browser. We suggest retaining a copy for future reference.

We may change this Agreement at any time. We will provide you with notice of such changes, and it is your responsibility to review any changes to this Agreement. If you object to any of the changes to this Agreement or otherwise do not understand or agree to any of the changes to this Agreement, do not use our Services. By continuing to use our Membership Services following notice of any change to this Agreement, you agree to and are bound by this Agreement as changed.

By using our Website AuctionPass.com, Membership Services, and Services, you agree that we are authorized to charge any credit card on file for fees, payments, and or any other amount due under this Agreement.

Auction Pass has priced its Membership Services and other Services based on your agreed validity of the disclaimers, waivers, and allocation of risks as assigned, as provided in this Agreement. You agree that our Dealers are intended third party beneficiaries of this Agreement. You understand and agree that all disclaimers, waivers, and allocation of risks provided herein are essential to the basis of the bargain between you and us, and that without such neither we nor our Dealers would provide the Services at the prices outlined in our Rules and Policies.

We are a membership service providing access to an online auto auction marketplace that provides you with access to the largest auto auction inventories in North America, operated by Copart, Inc. and other Copart related entities ("Copart"). We do not operate the auctions, and we are not a seller or purchaser at the auctions. Instead, we provide an online platform that allows you to purchase vehicles (as used herein, a "vehicle" means any available for purchase using AuctionPass.com Services, including cars, trucks, SUVs, motorcycles, boats, jet skis, industrial equipment, trailers, RVs, and other similar and dissimilar vehicles) offered for sale by independent third-party sellers through Copart auto auctions (from one of our Dealers).

Subject to the terms of this Agreement, one of our Dealers will fulfill your purchase of the item you identify and select from our Website. A security deposit is required before you are allowed to bid on and purchase any item (see Security Deposit Rules & Policies). You must pay our Dealers all amounts and fees for any Services that our Dealers provide to you. The specific amount of the fee and the way in which the fee is collected is set forth in our Rules & Policies . You must cooperate with us and our Dealers, including responding to our calls and emails, and providing information and documents that may be required to process your purchase, the transfer, and or the registration of any vehicle purchased.

Our "Contracting Party" means the party identified in the table below, which is based on your Account Country. Your “Account Country” is the country associated with your membership account. If you have provided a valid tax registration number for your account, then your Account Country is the country associated with your tax registration. If you have not provided a valid tax registration, then your Account Country is the country where your billing address is located, except if you have a credit card associated with your account that is issued in a different country and your contact address is also in that country, then your Account Country is that different country. If you change your Account Country to one identified to a different Contracting Party below, you agree that this Agreement is then assigned to the new Contracting Party without any further action required by either party.