Terms of Use

Last Updated: August 21, 2019

These Terms of Use ("Terms") apply to anyone who uses the websites, mobile applications or other online services (collectively, "Services") provided by or on behalf of Barrett-Jackson Auction Co. LLC ("Barrett-Jackson" or "we").Please read these terms carefully, including the mandatory arbitration provision in Section 15, which requires that disputes be resolved by final and binding arbitration on an individual basis, not a class-wide or consolidated basis. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided in Section 15. When you click "accept" to the Terms to register for an account with us or when you otherwise use the Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Services, or for any other purpose.

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. These Terms do not supersede, modify, alter, or amend any bidder or consignment agreement (or any other written agreement) that you may have entered into with Barrett-Jackson.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. If you have any questions about these Terms, please contact us using the contact information at the end of these Terms.

1. Elegibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you will be fully responsible for the acts or omissions of such user in connection with our Services. If you are using our Services on behalf of another person or entity,

  • You represent that you are authorized to accept these Terms on that person or entity’s behalf
  • That the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms
  • References to “you” will be deemed to include that person or entity.
2. User Accounts and Account Security

If you register for an account to use our Services, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account access credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. User Content
  • Our Services may allow you and other users to create, post, store, and share content, including messages, text, photos, videos, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Barrett-Jackson.
  • You grant Barrett-Jackson and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username) may be visible to others.
  • You may not create, post, store, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
4. Prohibited Conduct and Content
  • You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Services, and you are solely responsible for your conduct while using our Services. Further, you will not:
    • Engage in any harassing, threatening, intimidating, predatory or stalking conduct, or in any manner that encourages bodily harm or destruction of property;
    • Use the Services without our authorization or under false or fraudulent pretenses;
    • Use or attempt to use another user’s account or access credentials without authorization from that user and Barrett-Jackson;
    • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
    • Sell, resell, transfer, share, distribute, rent, or otherwise commercially use, either directly or as part of a product or service created for resale, our Services without the prior written authorization of Barrett-Jackson;
    • Copy, reproduce, download, distribute, publicly perform or publicly display all or portions of our Services (including any product listings, descriptions, photograph, images, photographs, or videos of vehicles, or prices or user information), except as expressly permitted by us in writing;
    • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
    • Use our Services other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
    • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
    • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services, including any application that reads areas of RAM used by the Services to store information about a character or an environment;
    • Bypass or ignore instructions contained in our robots.txt file;
    • Send, distribute, or post spam, unsolicited bulk or commercial messages, (including via chain letters or pyramid schemes), viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks, or access content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
    • Attempt to break, tamper with, or circumvent any security or content-filtering techniques we employ, or attempt to access any feature or area of our Services that you are not authorized to access; or
    • Develop or use any applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services.
  • You may not create, post, store or share any User Content that:
    • Is nonconfidential or that you do not have all necessary rights to disclose;
    • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
    • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
    • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
    • Impersonates, or misrepresents your affiliation with, any person or entity;
    • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
    • Contains any private or personal information of a third party without such third party’s consent;
    • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
    • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Barrett-Jackson or others to any harm or liability of any type.
  • Enforcement of this Section 4 is solely at Barrett-Jackson’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by this section.
5. Terms of Sale

  • Product Availability. All products offered for sale via the Services (“Products”) are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice.

  • Pricing. Prices for Products are subject to change at any time, but changes will not affect any order for Products you have already placed.

  • Taxes. To the fullest extent permitted by applicable law, you are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase through our Services. Orders placed outside the U.S. may incur Taxes as determined by the customs agency within the destination country. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. For U.S. users, the actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

  • Payment Method. Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your purchase (including any applicable taxes and any shipping and handling charges). If any of the Products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the Products that are included in the shipment. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts.

  • Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

  • Returns. Please see our Site Policies https://shopbarrettjackson.com/pages/site-policies for information about returning Products purchased via our Services.

  • Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

  • Remedies. All Products sold via the Services, including Products that bear the Barrett-Jackson name and logo, are manufactured by third-party manufacturers ("Manufacturers"). Each Manufacturer may offer its own warranty, but unless otherwise stated on the product page, we do not offer a warranty for any Products sold via the Services. That means they are sold by us "as is" and "with all faults." If the Manufacturer offers a limited warranty for the product, it can usually be found on the Manufacturer’s website or with the product packaging. For any product sold via the Services, you agree that your remedy is solely with the Product Manufacturer and not Barrett Jackson.

  • No Refunds. Except to the extent refunds are required by law or as promised in our Site Policies https://shopbarrettjackson.com/pages/site-policies, payments are nonrefundable and there are no refunds.

6. Limited License

Our Services, including all associated text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, is owned by or licensed to Barrett-Jackson and are protected under both United States and foreign laws. Barrett-Jackson and our licensors reserve all rights in and to our Services (including any and all content made available therein). You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal and non-commercial use; however, such license is subject to these Terms. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

7. Trademarks/Copyrights

"Barrett-Jackson," "The World’s Greatest Collector Car Auctions," and our logos, our product or service names, our slogans, graphics, and the look and feel of the Services are trademarks, registered trademarks or trade dress of Barrett Jackson and may not be copied, imitated, or used, in whole or in part (including by framing or utilizing framing techniques to enclose our trademarks or using any meta tags or any other "hidden text" utilizing our trademarks), without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Unless otherwise noted, all information, text, articles, data, images, or other materials contained on any page in this website or the Services are copyrighted by Barrett-Jackson or a third party ("Copyright Holder"). Title to such copyrighted materials will at all times remain with the Copyright Holder. You may not edit, modify, or make commercial use of such copyrighted materials without the express, prior written consent of the Copyright Holder.

8. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit to or about Barrett-Jackson or our products or Services (collectively, "Feedback"), is non-confidential and will become the sole property of Barrett-Jackson. You hereby assign all rights to any Feedback you provide us, including, without limitation, all intellectual property rights, in and to Feedback. We will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Barrett-Jackson’s designated agent as follows:

  • Designated Agent: General Counsel
  • Address: 15555 N. 79th Place, Suite A, Scottsdale, AZ 85260
  • Telephone Number: 480.421.6694
  • E-Mail Address: [email protected]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Barrett-Jackson for certain costs and damages.

10. Third-Party Content

We may provide information about or links to third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party that provides the Third-Party Content. Barrett-Jackson does not control or endorse, and makes no representations or warranties whatsoever regarding, any Third-Party Content, and your use of such Third-Party Content is solely at your own risk.

11. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Barrett-Jackson, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Barrett-Jackson Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to:

  • your use of our Services;
  • your Feedback;
  • your violation of these Terms;
  • your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or any violation of law or regulation;
  • any material downloaded or uploaded through the Services; or
  • our conduct in connection with our Services.

You will promptly notify Barrett-Jackson Parties of any third-party Claims, cooperate with Barrett-Jackson Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Barrett-Jackson Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Barrett-Jackson or the other Barrett-Jackson Parties.

12. Disclaimers

Your use of the Products and Services is at your sole risk. Except as otherwise provided in a writing by us, the Products and Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Barrett-Jackson does not represent or warrant that the Products or Services are accurate, complete, reliable, current or error-free. All information contained in this website or the Services may be changed and updated at any time without notice and may contain errors or inaccuracies. While Barrett-Jackson attempts to make your use of the Products and Services and any content therein safe, we cannot and do not represent or warrant that the Products, Services, or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Products and Services.

13. Limitation of Liability
  • To the extent permitted by applicable law, Barrett-Jackson and the other Barrett-Jackson Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Barrett-Jackson or the other Barrett-Jackson Parties have been advised of the possibility of such damages.
  • The total liability of Barrett-Jackson and the other Barrett-Jackson Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of USD $50.00 or the amount paid by you to purchase the Products or use our Services in the 3 months preceding the event giving rise to the claim.
  • The limitations set forth in this section will not apply to the extent prohibited by law.
14. Release

To the fullest extent permitted by applicable law, you release Barrett-Jackson and the other Barrett-Jackson Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the acts or omissions of third parties, or disputes between you and other users of our Services. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

15. Arbitration; Class Action Waiver

Please read this section carefully because it requires you to arbitrate certain disputes and claims with Barrett-Jackson and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

  • No Representative Actions. Any dispute subject to this Section 15 (as described in (b) below) is personal to you and Barrett-Jackson, will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  • Arbitration of Disputes. Except for small claims disputes in which you or Barrett-Jackson seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Barrett-Jackson seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Barrett-Jackson waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, ("Disputes") resolved in court. For any Dispute that you have against Barrett-Jackson, you will first contact Barrett-Jackson and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Barrett-Jackson by email at [email protected] or by certified mail addressed to Barrett-Jackson, Legal Department, 15555 N. 79th Place, Suite A, Scottsdale, AZ 85260. The Notice must
    • include your name, residence address, email address, and telephone number;
    • describe the nature and basis of the Dispute; and
    • set forth the specific relief sought.
    Our notice to you will be similar in form to that described above. If you and Barrett-Jackson cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Maricopa County, Arizona, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 15, you will be deemed a "consumer" if you use the Services for your personal, family or household purposes. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available here http://www.jamsadr.com/rules-streamlined-arbitration; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available here http://www.jamsadr.com/rules-comprehensive-arbitration (collectively, “JAMS Rules”), which are hereby incorporated by reference. You either acknowledge that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
  • The Parties acknowledge that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
  • The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Barrett-Jackson, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
  • For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Barrett-Jackson will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Barrett-Jackson will pay all JAMS fees and costs. You and Barrett-Jackson agree that the state or federal courts of the State of Arizona and the United States sitting in Maricopa County, Arizona have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
  • Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Barrett-Jackson will not have the right to assert the related claim.
  • You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by contacting us with the information provided at the end of the Terms. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.
  • If any portion of this Section 15 is found to be unenforceable or unlawful for any reason,
    • the unenforceable or unlawful provision shall be severed from these Terms;
    • severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and
    • to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
    Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.
16. Governing Law and Venue

These Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of Arizona, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties not subject to arbitration under Section 15 shall exclusively be submitted to the state or federal courts of Maricopa County, Arizona, and you consent to exclusive jurisdiction and venue in such courts.

17. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to use our Services.

18. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

19. Modifying these Terms

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. Unless material changes are made to the arbitration provision under Section 15, you agree that modification of these Terms does not create a new right to opt out of arbitration.

20. Miscellaneous
  • Other than any bidder or consignment agreement (or other written agreement) that you may have entered into with Barrett-Jackson, these Terms constitute the entire agreement between you and Barrett-Jackson relating to your use of our Services. The failure of Barrett-Jackson to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any references to “including” will be deemed to mean “including without limitation.” The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
  • Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a complaint regarding the Services that you think we have not adequately resolved, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1.800.952.5210
21. Address and Contact Information

Barrett-Jackson Auction Co. LLC
Attn: Legal Department
15555 N. 79th Place, Suite A
Scottsdale, Arizona 85260
[email protected]
Tel: 480.421.6694 www.barrett-jackson.com

Heritage Partners