Terms and Conditions

1. About the Platform and Its Use

Dutch Auto Auctions operates a technology-enabled marketplace connecting sellers of collector, classic, specialty, and enthusiast vehicles with prospective buyers. Our platform uses a Dutch-style descending-price auction format — prices begin at a stated opening price and decrease on a timed countdown over the course of the auction period, with prices starting high and working down until a Bidder makes a Purchase or the auction concludes.

Dutch Auto Auctions acts solely as a meeting place and technology intermediary. The actual contract for sale is directly between the Seller and the winning Bidder. DAA does not take title to, possess, warrant, or guarantee any vehicle listed on the platform.

DAA is not a vehicle broker, vehicle dealer, or an agent acting on behalf of vehicle brokers, dealers, buyers or sellers. DAA does not maintain an inventory of vehicles for sale and does not sell, exchange, buy, offer for sale, negotiate or attempt to negotiate sales or exchanges of an interest in any vehicle listed on the DAA platform. DAA does not (1) hold title for any vehicle listed on the DAA platform; (2) inspect any vehicle listed on the DAA platform; (3) set or negotiate prices for any vehicle listed on the DAA platform; (4) ship, distribute, or deliver any vehicle listed on the DAA platform; or (5) sell any vehicle listed on the DAA platform by consignment.

Any guidance DAA provides as part of our Services, such as listing, pricing, shipping, and settlement, is solely informational, and you may decide to follow it or not. We may use artificial intelligence or AI-powered tools and products to provide and improve our Services, to offer you a customized and personalized experience, to provide you with enhanced customer service, and to support fraud detection. The availability and accuracy of these tools are not guaranteed. We may help facilitate the resolution of disputes between Bidders and Sellers through various programs. Unless otherwise expressly provided, DAA has no control over and does not guarantee: the existence, quality, safety, or legality of items listed on the platform; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of bidders to pay for items; or that a bidder or seller will actually complete a transaction.

In connection with using or accessing our Services you agree to comply with these Terms and Conditions, our policies, and all applicable laws, rules, and regulations, and you will not:

• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
• fail to pay for items purchased by you, unless you have a valid reason as set out in a DAA policy, for example, where the seller has materially changed the item's description after you bid;
• fail to deliver items sold by you, unless you have a valid reason as set out in a DAA policy;
• manipulate the price of any item or interfere with any other user's listings;
• fail to complete delivery, clear ownership, or complete any other documentation associated with the sale or purchase of any vehicle;
• take any action that may undermine feedback or ratings systems;
• transfer your account (including status and feedback) and user ID to another party without our consent;
• share your log in credentials with any third parties;
• engage in gambling;
• provide us with content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or violates or infringes the rights of others;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm DAA or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means (including, without limitation buy-for-me agents, LLM-driven bots, or any end-to-end flow that attempts to place orders without human review) to access our Services for any purpose, except with the prior express permission of DAA;
• circumvent any technical measures used to provide our Services;
• interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any DAA application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
• infringe the copyright, trademark, patent, publicity, moral, database, or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to DAA. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to DAA or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
• commercialize any DAA application or any information, data, or software associated with such application, except with the prior express permission of DAA; or
• harvest or otherwise collect or use information about users without their consent.

If we believe you are violating these Terms and Conditions or any of our policies, or abusing DAA or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, or demote listings, reduce or eliminate any discounts, and take technical or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.

We reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

2. Key Definitions

"Auction"

A single Dutch-style descending-price sale event for one vehicle listed on the platform, spanning a defined countdown period as disclosed on each listing page.

"Auction Period"

The active countdown window during which the price descends from the Opening Price toward the Floor Price. The duration of each Auction Period may vary by listing type, vehicle category, or platform program.

"Opening Price"

The highest price at which an auction begins and from which the countdown descends.

"Floor Price"

The lowest price at which a vehicle may be purchased during an Auction Period. The Floor Price is set by the Seller (with or without DAA guidance) and may or may not be publicly disclosed.

"Purchase"

The binding act by a Bidder of (a) accepting the current live price displayed at the moment the Bidder acts, which immediately ends the auction and creates a binding purchase obligation, or (b) submitting a Proxy Bid in an auction in which either (1) the displayed price reaches the amount of the Proxy Bid during the Auction Period before another Purchase occurs, or (2) the Auction Period ends without another Purchase occurring and the Seller accepts the Proxy Bid amount.

"Freeze"

An optional mechanic that allows a registered Bidder to temporarily pause the countdown clock for a defined period, subject to platform rules, before making a Purchase.

"Buyer Premium"

The platform fee paid by the winning Bidder to Dutch Auto Auctions in addition to the vehicle Purchase price, as set forth in Section 6.

"Seller"

Any individual or organization who submits a vehicle for auction through the DAA platform.

"Bidder"

Any registered user with a verified account who is eligible to participate in auctions.

"Buyer"

A winning Bidder for a vehicle in an auction through the DAA platform, including a Bidder who submits a Proxy Bid that results in a completed auction or that is accepted by the Seller following the close of the Auction Period.

"Proxy Bid"

A bid submitted by a Bidder with respect to a vehicle that is a commitment to buy that vehicle at the amount specified in the Proxy Bid if either (a) the displayed price for the vehicle reaches the amount of the Proxy Bid during the Auction Period before a Purchase occurs, or (b) the Auction Period ends without a completed sale and the Seller accepts the Proxy Bid amount.

3. Eligibility & Account Registration

3.1 Eligibility

To use the Services, you must: (a) be at least 18 years of age; (b) be a legal resident of the United States or an authorized foreign purchaser where permitted; (c) have the legal capacity to enter into binding contracts; and (d) not be prohibited from participating by any applicable law or policy or prior DAA suspension or ban.

3.2 Account Registration

You must create a verified account to make a Purchase, submit a vehicle for auction, or use certain community features. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

Dutch Auto Auctions reserves the right to refuse registration, suspend, or terminate any account at our sole discretion, including termination of unconfirmed accounts or accounts that have been inactive for a substantial period.

3.3 Identity Verification

DAA reserves the right, in its discretion, to require Sellers or Bidders to provide adequate identity verification at any time, such as requiring Sellers to provide valid government-issued identification and documentation of ownership or authority to sell the vehicle prior to listing and requiring Bidders to provide government-issued identification and payment method eligibility before participating in auctions or using the Freeze mechanic.

3.4 Dealer Accounts

Licensed dealers wishing to list vehicles must identify themselves as dealers during registration. Dealer listings may be subject to additional disclosures and fee structures. Misrepresentation of dealer status is grounds for immediate termination.

4. How the Dutch Auto Auction Format Works

4.1 The Descending Price Mechanic

Unlike traditional ascending-bid auctions, Dutch Auto Auctions operates in reverse: each vehicle is listed at an Opening Price, and the displayed price descends continuously on a live countdown throughout the Auction Period. The first registered Bidder to make a Purchase at the currently displayed price wins the auction. There is no competitive bidding between multiple bidders — the decisive act is the Purchase.

4.2 Auction Periods

Each auction runs for a defined countdown period. Auction durations may vary by listing type, vehicle category, or platform program. DAA reserves the right to adjust Auction Period durations at any time. Auctions may close early upon a Purchase or be extended under limited circumstances disclosed at listing.

4.3 The Freeze Mechanic

Registered Bidders who intend to make a Purchase may have the ability to activate a Freeze on a live auction. A Freeze temporarily pauses the descending countdown clock, allowing the Bidder a brief opportunity to review the transaction terms before proceeding with the Purchase. The following rules govern the Freeze:

• Only verified, registered Bidders with a valid payment method on file may activate a Freeze.
• A Freeze may be limited in duration and/or number per auction. Current Freeze parameters are disclosed on each listing page and are subject to change.
• Activating a Freeze does not constitute a binding commitment to purchase.
• If permitted by applicable platform rules, activating a Freeze does not preclude another Bidder from making a Purchase of the vehicle at the price at which the Freeze was activated.
• If a Bidder activates a Freeze and ultimately does not make a Purchase, the countdown resumes at the price at which the Freeze was activated (or an adjusted price per published rules).
• Abuse of the Freeze mechanic — including repeated Freezes without good-faith intent to purchase — is grounds for account suspension or termination.
• DAA reserves the right to modify, suspend, or eliminate the Freeze mechanic at any time in its sole discretion, including for active listings.

4.4 No-Reserve vs. Reserve Listings

Sellers may list vehicles with or without a Floor Price (reserve). On reserve auctions, the vehicle will not be sold below the Floor Price even if the price descends to that level, except when a Seller agrees after the end of the Auction Period to accept a Proxy Bid that is below the Floor Price. On no-reserve auctions, there will be no Floor Price, and the vehicle will sell at whatever price is displayed when a Purchase is made. Reserve status (but not necessarily the specific Floor Price in reserve auctions) is disclosed on each listing.

4.5 AI-Powered Pricing Recommendations

DAA offers sellers an AI-assisted pricing tool that analyzes comparable sales, market conditions, and vehicle characteristics to support sellers in setting an Opening Price and Floor Price (if applicable). AI-powered pricing recommendations will be provided as a range of prices. Sellers who accept the AI-recommended pricing range (i.e., set the applicable price within the recommended range) may qualify for a complimentary listing or other incentives as disclosed at the time of submission. DAA reserves the right to charge a listing fee for auctions in which the Seller does not set the Opening Price or Floor Price (if applicable) within the suggested pricing ranges. AI-powered pricing recommendations are provided as informational guidance only and do not constitute a representation or warranty as to market value. Sellers retain full discretion over final pricing decisions within platform guidelines, subject to DAA's right to accept or reject a listing for any reason.

4.6 Auction Cancellation & Withdrawal

Once a vehicle is live on the platform, the Seller may not withdraw the listing without written approval from DAA. Unauthorized withdrawal may result in fees and/or suspension. DAA reserves the right to charge the Seller a withdrawal fee equal to 5% of the Opening Price (minimum of $500).

See Section 9.2 of these Terms regarding any withdrawal or other failure by a Buyer to complete a Purchase, including withdrawal from a Freeze or from a Purchase resulting from a Proxy Bid.

DAA reserves the right to cancel or modify any auction at any time for platform integrity, legal compliance, or other reasons, with notice to the Seller where practicable.

4.7 Proxy Bidding

A Bidder may choose to submit a Proxy Bid with respect to an auction at any time during the Auction Period. If the amount of the Proxy Bid is equal to or greater than the displayed price at the time the Proxy Bid is submitted, the Proxy Bid will be deemed an agreement to make a Purchase of the vehicle at the displayed price at the time the Proxy Bid is submitted. If the amount of the Proxy Bid is less than the displayed price at the time the Proxy Bid is submitted, the Proxy Bid will represent an agreement to make a Purchase of the vehicle if the displayed price reaches the amount of the Proxy Bid during the Auction Period. Multiple Bidders may submit Proxy Bids in the same auction. The amount of each Proxy Bid will be confidential, known only to the Bidder and DAA, but the platform will indicate to users that a Proxy Bid has been submitted for the auction. If one or more Proxy Bids submitted in an auction is less than the Seller's Floor Price for that auction, the Seller may accept the highest such Proxy Bid after the end of the Auction Period, if no Purchase has occurred during the Auction Period. If two or more Bidders submit a Proxy Bid of the same amount in the same auction, whether such Proxy Bid is at, above, or below the Floor Price, the first Bidder (chronologically) that submitted a complete Proxy Bid in good order will be considered to hold the Proxy Bid for that amount.

5. Seller Terms

5.1 Seller Representations

By listing a vehicle on Dutch Auto Auctions, the Seller represents and warrants that:

• The Seller is the lawful owner of the vehicle or is duly authorized to sell it on behalf of the owner.
• The vehicle title is clean and free of liens, unless expressly disclosed in the listing.
• All information provided in the listing — including year, make, model, mileage, condition, modification history, and accident history — is accurate, complete, and not materially misleading.
• The Seller has disclosed all known material defects and issues to the best of their knowledge.
• The Seller will not list the vehicle on any other auction platform, dealership, or public listing service at any time after acceptance of a completed submission on the DAA platform and before the end of the Auction Period, including while an active DAA auction is in progress.
• The Seller will honor a completed sale and cooperate in good faith with the winning Bidder to transfer title and complete payment.

If we believe you are violating our policies prohibiting simultaneous listing of a vehicle outside of the DAA platform while an active DAA auction is in process, you may be subject to a range of actions, including limits on your selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses.

5.2 Listing Submission

Sellers must complete DAA's submission form, provide required photos and videos meeting DAA's published photography standards, supply a valid VIN, and furnish any other information reasonably requested by DAA's team or policies. DAA reserves the right to decline any submission at its sole discretion and to determine the final format, content, and timing of listings.

Listings accepted with AI-recommended pricing may receive expedited review and complimentary listing benefits as outlined in current promotional terms.

A listing may not be immediately searchable on the DAA platform. DAA may revise listings to supplement, remove, or correct information, including any metatags or URL links included in a listing. DAA may display the sales and performance history of your individual listings to others. DAA may (but will have no obligation to) publish and promote your listings, including related content such as username, product reviews, and feedback, in any format and through any channel, including across any of our Services or on any third-party platform or medium. Your agreement to list a vehicle on the DAA platform does not grant you exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion, without your consent and without any compensation or concession to you.

5.3 Seller Fees

DAA reserves the right to charge a Seller listing fee for listings that do not utilize the pricing recommendations provided by the DAA platform. Such Seller listing fees, if any, will be disclosed at the time of submission acceptance. Sellers receive the Purchase price less any applicable seller fees. Sellers do not pay the Buyer Premium. Fee structures are subject to change with notice and as published on the DAA website, but any such changes will not apply to active listings.

5.4 Title Transfer Obligations

Upon completion of a sale, the Seller is obligated to transfer a clean title to the winning Bidder within three (3) business days after payment confirmation, unless DAA specifies another timeframe upon closing. If the vehicle carries an outstanding lien, the Seller must coordinate payoff with the lienholder and provide proof of lien release. Failure to timely transfer clear title may result in sale cancellation, financial penalties, and/or account suspension.

5.5 Consignment Sellers

Sellers acting as consignees on behalf of a vehicle owner must disclose this relationship and provide documentation of consignment authority. Consignees remain jointly and severally liable for all seller representations in these Terms. Additional consignment terms may apply as disclosed at submission.

6. Buyer Premium & Fees

6.1 Buyer Premium

Dutch Auto Auctions charges a Buyer Premium on all completed sales. The Buyer Premium is calculated as a percentage of the final Purchase price and is subject to a minimum and maximum dollar amount. The current Buyer Premium structure is as follows:

The Buyer Premium is added to the Purchase price to determine the total amount owed by the Buyer. For example: a vehicle purchased at $30,000 carries a Buyer Premium of $1,500 (5%), for a total of $31,500; a vehicle purchased at $8,000 carries the minimum Buyer Premium of $500, for a total of $8,500; a vehicle purchased at $200,000 carries the maximum Buyer Premium of $5,000, for a total of $205,000. The applicable Buyer Premium for any auction is displayed on the listing page prior to the start of the auction.

6.2 Right to Modify

DAA reserves the right to modify the Buyer Premium rate, minimum, and maximum at any time, with reasonable notice as published on the DAA website. The Buyer Premium structure applicable to any given auction is the one disclosed on the listing page at the time the auction goes live. Changes to the Buyer Premium structure will not apply retroactively to auctions already in progress.

6.3 Payment of Fees

The Buyer is solely responsible for payment of the Purchase price plus the applicable Buyer Premium. Additional taxes, title transfer fees, transportation costs, import duties, and registration fees are the sole responsibility of the Buyer. DAA does not collect or remit sales tax, use tax, value added tax, property tax, tariffs, import or export duties, or any similar tax, excise, duty, or charge on behalf of buyers or sellers; each party is responsible for compliance with their applicable legal, tax, and financial obligations resulting from a sale or purchase facilitated through the DAA platform.

7. Bidder & Buyer Obligations

7.1 Binding Purchase Obligation

A Purchase is a binding commitment. Once you make a Purchase at the live displayed price, you are legally obligated to complete the transaction at that price plus the applicable Buyer Premium. Failure to complete an agreed purchase will be subject to applicable fees, such as those described in Section 9.2 of these Terms, and may result in forfeiture of any deposit, account suspension, and potential legal action.

7.2 Due Diligence

Before making a Purchase, Bidders are solely responsible for conducting their own due diligence, including but not limited to: reviewing all listing information, photos, and video; obtaining a pre-purchase inspection; reviewing any available vehicle history report; researching applicable laws for their jurisdiction; and confirming financing is in place.

Dutch Auto Auctions is not responsible for the condition, authenticity, legality of title, or mechanical state of any vehicle listed on the platform.

7.3 Inspection Encouragement

Dutch Auto Auctions strongly recommends that Bidders arrange an independent professional inspection before making a Purchase. Sellers are required to cooperate with reasonable inspection requests during a Freeze period. Inspection results do not affect the binding nature of a Purchase made after the inspection opportunity. DAA makes no representation that any vehicle meets the safety or emissions standards of any jurisdiction, whether within or outside the United States.

7.4 International Bidders

International Bidders are solely responsible for all import or export duties, tariffs, compliance with their home country's vehicle import regulations, shipping logistics, and associated costs. DAA makes no representation that any vehicle meets the safety or emissions standards of any jurisdiction, whether within or outside the United States.

7.5 Payment Method

Bidders must have a valid, verified payment method on file prior to participating in auctions. Accepted payment methods will be disclosed on the platform. DAA may require wire transfer, cashier's check, or other verified funds for high-value transactions. Payment of the Buyer Premium and any other fees owed to DAA is due at the time the auction ends. Payment of the purchase price to Seller is due within the timeframe specified at closing, typically within three (3) to five (5) business days of auction completion.

8. Vehicle Listings, Descriptions & Representations

8.1 DAA's Role in Listing Content

DAA's team may assist Sellers in writing and formatting auction descriptions. However, all material facts, condition statements, mileage figures, modification disclosures, and ownership history representations come from the Seller. DAA is not the author of factual claims about vehicle condition and makes no warranty as to their accuracy.

8.2 Vehicle History Reports

DAA may provide vehicle history reports for listed vehicles as a convenience. These reports are sourced from third-party providers and are provided "as is." A clean history report does not guarantee that a vehicle is free of unreported accidents, flood damage, odometer tampering, or other issues.

8.3 Photos & Videos

Listing photos and videos are intended to represent the vehicle accurately. Buyers should be aware that color, finish, and condition may vary in appearance from digital representations. Buyers are encouraged to arrange in-person inspections for vehicles of significant value.

8.4 "As Is" Sales

All vehicles sold through Dutch Auto Auctions are sold "as is, where is" unless the Seller expressly provides a written warranty. DAA makes no implied warranties of merchantability, fitness for a particular purpose, or any other warranty with respect to any vehicle listed on the platform.

IN ADDITION TO, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS OF WARRANTIES, EACH BUYER AGREES THAT (A) DAA DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE VEHICLE'S VALUE, CONDITION, SAFETY, CAPABILITY, FITNESS, OR MERCHANTABILITY, (B) NO INFORMATION OBTAINED ON THE DAA PLATFORM OR THROUGH THE DAA SERVICES WILL CREATE ANY WARRANTY, EXPRESS OR IMPLIED, (C) THE BUYER HAS NOT AND WILL NOT RELY UPON ANY REPRESENTATION AS TO THE VEHICLE'S VALUE, CONDITION, SAFETY, CAPABILITY, FITNESS, OR MERCHANTABILITY, AS COMING FROM DAA, AND (D) DAA MAKES NO WARRANTY CONCERNING TITLE TO ANY VEHICLE. DAA DISCLAIMS ALL REPRESENTATIONS, GUARANTEES, AND WARRANTIES RELATED TO ANY VEHICLE TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

9. Transaction Completion

9.1 Post-Purchase Process

Upon completion of a successful Purchase, DAA will connect the winning Bidder and Seller to facilitate the transaction. The parties will coordinate payment, title transfer, and vehicle delivery. DAA may offer optional facilitated payment and/or title transfer services, the terms of which will be disclosed separately.

9.2 Non-Completion by Buyer

If a winning Bidder fails to complete payment within the specified period without DAA's written consent, including, without limitation, withdrawal from a Freeze or failure to complete a Purchase resulting from a Proxy Bid, DAA will charge an additional 2.5% of the final sale price (minimum of $250) to be paid to the Seller, in addition to the 5% Buyer Premium (minimum of $500) that is otherwise due. DAA reserves the right to modify the rate and minimum of the failed transaction fee at any time, with reasonable notice as published on the DAA website, which modified terms will apply to existing and future listings, but not any auctions that have already ended. In addition to the failed transaction fee, DAA may: (a) retain any deposit paid; (b) relist the vehicle; (c) suspend or terminate the Bidder's account; (d) pursue legal remedies for breach of contract; or (e) exercise any other right or take any other action available to DAA under these Terms and Conditions or applicable law or policies. Except as described in this Section, DAA's liability to Seller in such events is limited to good-faith mediation efforts.

9.3 Non-Completion by Seller

If a Seller fails to honor a completed sale without DAA's written consent, the Seller may be subject to financial penalties, account suspension, and legal action. DAA reserves the right, in its sole discretion, to charge a Seller a failed transaction fee of up to 5% of the final Purchase price (minimum of $500), if the Seller fails to complete, or take steps necessary to complete (such as clearing a lien), a sale transaction with a Buyer who is otherwise willing and able to complete the transaction. DAA reserves the right to modify the rate and minimum of the failed transaction fee at any time, with reasonable notice as published on the DAA website, which modified terms will apply to existing and future listings, but not any auctions that have already ended. The failed transaction fee will be in addition to any other rights, actions, or remedies available to DAA under these Terms and Conditions or applicable law or policies, such as suspension or termination of Seller's account. Except as described in this Section, DAA's liability to Buyer in such events is limited to good-faith mediation efforts.

9.4 Disputed Transactions

Disputes between Buyers and Sellers should first be directed to DAA's support team. DAA will make reasonable efforts to facilitate resolution but is not obligated to arbitrate or adjudicate disputes. DAA's determination of any platform-level dispute (such as eligibility, fee calculations, or auction mechanics) is final.

9.5 Transfer of Title

Section 84-2-401(2) of the Kansas Statutes Annotated and Section 2-401(2) of the Uniform Commercial Code apply to the transfer of ownership between the Buyer and the Seller, unless the Buyer and the Seller agree otherwise.

10. Community Standards & Comment Policy

10.1 Comments and Communications on the DAA Platform

Dutch Auto Auctions maintains an active listing comment section and community forum. We are committed to a high-quality, informative, and respectful community environment. By participating in comments or community features, you agree to the following:

• Comments must be relevant to the vehicle being auctioned or to the auction format.
• Personal attacks, harassment, hate speech, or discriminatory language of any kind are prohibited.
• Sharing personal contact information, soliciting off-platform transactions, or promoting third-party businesses in listing comments is prohibited.
• Shill commentary, artificial enthusiasm, price manipulation commentary, or other attempts to manipulate auction outcomes or community sentiment are prohibited.
• Spreading false or misleading information about a listed vehicle or about other users is prohibited.
• Profanity or inappropriate language or images (including language or images that violate applicable law or intellectual property rights) will be moderated.
• DAA reserves the right to read or monitor any messaging that occurs on the DAA platform, including any messaging between or among users, if such functionality is offered on the platform.

DAA reserves the right to remove any comment, restrict any user from community features, or suspend or terminate accounts for violations of these standards. A single serious violation, or a pattern of repeated violations or abuses, may result in permanent removal from the platform.

10.2 Status and Other Engagement Programs

DAA reserves the right to offer one or more status or engagement programs whereby users may attain specified notional accounts, points, titles, statuses, badges, standings, or other similar markers (collectively "Rewards") through eligible platform activity, such as quality community contributions, verified purchases, seller participation, peer or expert reviews, and engagement with platform programs, games, or features. Any such Rewards will be earned, and, if applicable, may be redeemed for platform benefits, on such terms and conditions as are set forth in the written program terms or promotions established by DAA from time to time, which terms are subject to modification at any time by DAA in its sole discretion. DAA will have no obligation to offer or maintain any Rewards program, and any Rewards that may be offered will have no monetary value, will not be transferable, and will not be exchangeable with or into any form of currency.

10.3 Reviews

DAA may offer a community Expert Reviewer program allowing verified automotive specialists to contribute assessments of listed vehicles. Participation in the Expert Reviewer program is subject to additional written terms, as established or modified by DAA in its sole discretion. Any reviews appearing on the DAA platform or otherwise associated with any listing solely reflect the opinions of the reviewers and are not endorsements by DAA.

11. Platform Integrity — Prohibited Conduct

11.1 Shill Activity

Any attempt by a Seller (or person acting on a Seller's behalf) to artificially influence auction outcomes — including creating false urgency, coordinating with others to simulate interest, or manipulating the community — is strictly prohibited and may constitute fraud. DAA actively monitors the platform for such activity and will cooperate with law enforcement where warranted.

11.2 Account Manipulation

Creating multiple accounts to circumvent suspensions, obtain duplicate Freeze privileges, or manipulate community standing is prohibited.

11.3 Prohibited Activities Generally

You agree not to: use automated tools or bots to interact with the platform; scrape, copy, or redistribute listing content without authorization; attempt to access systems or data beyond your authorized access; engage in any activity that disrupts or degrades the platform; impersonate DAA, any employee, or any other user; or use the Services for any unlawful purpose.

12. Intellectual Property

All content on the Dutch Auto Auctions platform — including the DAA name, logo, auction format trademarks, Dutch-themed terminology, platform design, software, and editorial content created by DAA — is owned by or licensed to Dutch Auto Auctions LLC and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from platform content without prior written permission.

By submitting listing content (including photos, videos, descriptions, and other content) to DAA, Sellers (i) represent that they have the right to lawfully use and disseminate such content without infringing on the rights of any third party (including intellectual property rights), and (ii) consent to the use and disclosure of, and grant Dutch Auto Auctions a non-exclusive, worldwide, royalty-free license to use, display, and distribute, such content for the purpose of operating the platform and for marketing, advertising, archival, and other lawful business and management purposes of DAA. Sellers retain ownership of their original content.

By submitting any user-generated content to DAA, such as messages, comments, posts, or recordings, users of the DAA platform consent to the use and disclosure of, and grant Dutch Auto Auctions a non-exclusive, worldwide, royalty-free license to use, display, and distribute, such content for the purpose of operating the platform and for marketing, advertising, archival, and other lawful business and management purposes of DAA. Users retain ownership of their original content.

13. Privacy

Your use of the Services is subject to DAA's Privacy Policy, which is incorporated herein by reference. DAA collects, uses, and protects personal information in accordance with the Privacy Policy. By using the Services, you consent to DAA's data practices as described therein.

14. Disclaimer of Warranties Regarding the Services

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DUTCH AUTO AUCTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DAA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAA MAKES NO WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF ANY VEHICLE LISTING, VEHICLE HISTORY REPORT, OR PRICING RECOMMENDATION.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DUTCH AUTO AUCTIONS AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, ANY VEHICLE TRANSACTION CONDUCTED THROUGH THE PLATFORM, OR ANY BREACH OF THESE TERMS BY ANOTHER USER.

IN NO EVENT SHALL DAA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF: (A) THE BUYER PREMIUM PAID BY YOU TO DAA IN THE TRANSACTION AT ISSUE; OR (B) FIVE HUNDRED U.S. DOLLARS ($500).

Some jurisdictions do not allow exclusion of certain warranties or limitation of certain damages. If you are a resident of such a jurisdiction, some of these limitations may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless Dutch Auto Auctions LLC and its officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms or any other DAA policy; (c) your vehicle listing, including any misrepresentation of vehicle condition or title, and your failure to complete any transaction; (d) your Purchase and any resulting transaction or failure to complete a transaction; or (e) your violation of any applicable law or third-party right.

17. Dispute Resolution & Governing Law

17.1 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law principles.

17.2 Informal Resolution

Before initiating any formal proceeding, you agree to contact DAA at legal@dutchautoauctions.com and provide a written description of the dispute. The parties will make a good-faith effort to resolve the dispute informally within thirty (30) days.

17.3 Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising from or relating to these Terms or the Services shall be resolved by binding arbitration in Wichita, Kansas, under the applicable rules of the American Arbitration Association. The arbitration will be conducted in English. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. The costs of the arbitration, including administrative fees and arbitrator compensation, will be shared equally by the parties, unless the applicable arbitration rules or fee schedule require otherwise. Each party will be responsible for its own legal fees and expenses unless the arbitrator awards the prevailing party some or all of its fees and expenses. You waive any right to a jury trial with respect to any claim covered by this arbitration provision.

17.4 Class Action Waiver

You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action against Dutch Auto Auctions.

17.5 Exceptions

Notwithstanding the above, either party may (1) seek relief in connection with a claim in small claims court in Sedgwick County, Kansas, if such claim qualifies for, and remains in, small claims court, and (2) seek injunctive or other equitable relief in any court of competent jurisdiction in Sedgwick County, Kansas, for infringement or other misuse of intellectual property rights or to prevent irreparable harm pending arbitration.

17.6 Judicial Forum for Legal Disputes

If the arbitration agreement above does not apply to a particular claim, request for relief, or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute between you and DAA will be resolved exclusively by a state or federal court located in Sedgwick County, Kansas. You and DAA agree to submit exclusively to the personal jurisdiction of the courts located within Sedgwick County, Kansas for the purpose of litigating all such claims, disputes, or matters.

18. Modifications to These Terms

Dutch Auto Auctions reserves the right to modify these Terms at any time. If we make material changes, we will provide notice via email, platform notification, or by posting the updated Terms with a new effective date. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the revised Terms.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Guilder Program Terms, and any other policies incorporated by reference herein or adopted by DAA from time to time, constitute the entire agreement between you and Dutch Auto Auctions with respect to the Services and supersede all prior agreements.

19.2 Severability

If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

19.3 Waiver

DAA's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign these Terms or any rights hereunder without DAA's prior written consent. DAA may assign these Terms, and any rights or claims hereunder, to an affiliate of DAA or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

19.5 Contact

Dutch Auto Auctions LLC
Email: legal@dutchautoauctions.com
Wichita, Kansas