Terms of service

Agreement to Terms. These Terms of Service govern your access to and use of the website, mobile application, platform, marketplace, community features, auction related features, referral features, ranking features, notifications, content, and other services operated or made available by Petrol Head Motor Company LLC, based in Fort Lauderdale, Florida (the "Company," "PHM," "we," "us," or "our").

By accessing or using the Platform, creating an account, submitting information, browsing listings, creating or interacting with content, submitting a listing, participating in marketplace or auction related features, or using any other Platform feature, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

Platform Scope. PHM operates an intermediary online marketplace, community platform, and auction platform for cars, motorcycles, and related collectibles. The Platform allows users to discover and submit listings, create profiles, submit or interact with user-generated content, participate in marketplace and auction-related services, use community and referral features, receive notifications, appear in rankings or leaderboards, and interact with other users.

PHM may conduct or administer auctions through the Platform in its capacity as a licensed auctioneer. PHM does not own or take possession of listed items, and the underlying sale of an item remains directly between the buyer and seller.

Certain features may be unavailable, limited, modified, delayed, or subject to additional legal, licensing, payment, verification, operational, or compliance requirements.

Related Policies. These Terms should be read together with PHM's Privacy Policy, Auction Listing, Bidding, and Transaction Rules (the "Auction Rules"), any Official Rules applicable to a sweepstakes, contest, or promotional campaign, and any feature-specific terms or disclosures presented to you.

The Auction Rules govern auction-specific matters, including listing submissions, bidding, bid holds, fees, reserves, auction closing procedures, defaults, and completion of auction transactions. If the Auction Rules conflict with these Terms on an auction-specific matter, the Auction Rules will control for that matter.

Official Rules will control for the specific promotion, contest, sweepstakes, or giveaway to which they apply. These Terms will control all general Platform matters.

Authority to Use the Platform. If you access or use the Platform on behalf of a company, dealership, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, "you" and "your" include both you and the entity you represent.

Changes to These Terms. PHM may update these Terms to reflect changes in the Platform, its business, applicable law, licensing requirements, payment processes, service providers, or operational needs. The updated Terms will be posted with a revised effective date, and PHM may provide additional notice by email, Platform notice, or other reasonable means.

Material changes will generally apply prospectively and will not alter an auction already in progress unless necessary to comply with law, address fraud or security concerns, or correct a material technical or administrative error.

Your continued use of the Platform after updated Terms take effect constitutes acceptance of the updated Terms.

Minimum Age. The Platform is intended only for users who are at least eighteen (18) years old. By accessing or using the Platform, you represent that you are at least 18 and have the legal capacity to enter into these Terms.

Account Registration. Certain features may require you to create an account. You agree to provide accurate, current, and complete information when creating or updating your account, including any contact, profile, payment, verification, or listing information required for the feature you wish to use.

Account Responsibility. You are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account. You must promptly notify PHM if you suspect unauthorized access, misuse, or any security issue involving your account.

Where you report unauthorized activity, PHM may investigate the circumstances and determine the effect, if any, on an affected bid, listing, payment, or transaction in accordance with these Terms and the Auction Rules.

Verification Requirements. PHM may require identity, eligibility, payment, listing, ownership, title, dealer licence, authority-to-sell, payment-card, or other verification before allowing access to particular features, accepting or publishing a listing, permitting a bid, confirming an auction result, or allowing a transaction to proceed.

Users must provide complete, accurate, and current information reasonably requested for verification.

Account Restrictions. You may not create an account using false information, impersonate another person or entity, create accounts for unauthorized purposes, transfer your account without PHM's consent, or use another user's account without permission.

PHM's Right to Refuse or Limit Access. PHM may refuse registration, limit access to certain features, request additional information, restrict account activity, or deny use of the Platform where necessary for legal, licensing, payment, verification, security, fraud prevention, operational, or compliance reasons.

PHM's Role. PHM operates an intermediary online platform and may conduct or administer auctions through the Platform in its capacity as a licensed auctioneer.

PHM may review listing submissions, assist with listing preparation, publish and promote listings, operate the bidding system, administer auction procedures, process payment authorizations and Platform fees, review auction activity, and confirm auction results.

No Ownership or Possession. PHM does not own, take title to, possess, store, transport, insure, or exercise physical control over any vehicle, motorcycle, collectible, or other item listed through the Platform.

Unless PHM expressly agrees otherwise in writing, PHM does not perform mechanical inspections, physical inspections, appraisals, title examinations, repairs, restoration, storage, transportation, or delivery services.

PHM's review or preparation of a listing does not constitute an inspection, appraisal, authentication, certification, or warranty of the item or the seller's statements.

No Party to User Transactions. PHM's licensed auctioneer role does not make PHM the buyer, seller, owner, dealer, consignee, inspector, insurer, transporter, financing provider, escrow provider, or guarantor of any listed item or transaction.

When an auction closes with a confirmed winning bidder and any applicable reserve price has been met, the underlying contract for sale is formed directly between the buyer and seller. PHM is not a party to that contract and does not assume the obligations of either party.

Buyer and Seller Responsibility. Buyers and sellers are responsible for reviewing listings, conducting due diligence, confirming condition, ownership and title, understanding applicable fees and taxes, arranging inspections, paying and receiving the winning bid amount, completing transfer documents, arranging pickup or delivery, and complying with applicable laws.

Platform and Auction Administration. PHM may review, approve, reject, edit, remove, delay, restrict, suspend, or cancel a listing, bid, auction, transaction process, feature, account, or other Platform activity where reasonably necessary for legal, licensing, payment, verification, security, fraud-prevention, technical, operational, or marketplace-integrity reasons.

PHM may also delay confirmation, cancel an affected bid, or pause, extend, restart, or cancel an auction as provided in the Auction Rules.

Seller Authority. If you submit an item for listing, you represent that you own the item or have full legal authority to list, sell, and transfer valid title or ownership to the buyer. You must disclose any lien, restriction, ownership dispute, title issue, security interest, or third-party claim affecting the item or transaction.

Once PHM accepts the submission and you elect to proceed, you authorize PHM to prepare, edit for formatting or clarity, display, publish, market, promote, and administer the auction for the item.

This limited authorization does not:

• create a consignment arrangement;
• transfer ownership, title, possession, custody, or physical control of the item to PHM; or
• create a partnership, fiduciary relationship, general agency relationship, or joint venture between you and PHM.

Listing Information. Sellers may be required to provide information and materials relating to a listing, including photos, videos, descriptions, condition notes, known flaws, service history, title or registration information, ownership details, lien information, location details, inspection materials, and any other information requested by PHM.

Accuracy and Completeness. Sellers are solely responsible for the accuracy, completeness, and truthfulness of all listing information. You must disclose all material facts known to you, including defects, damage, modifications, title issues, mileage concerns, prior accidents, liens, mechanical problems, or other matters that may reasonably affect a buyer's decision.

Listing Review and Approval. PHM may review, approve, reject, edit for formatting or clarity, pause, remove, or require changes to any listing before or after publication.

PHM's review or approval does not mean that PHM has inspected, appraised, authenticated, certified, independently verified, or guaranteed the listing, the item, or any seller statement.

Sellers participating in an auction must also comply with the Auction Rules, including their requirements concerning ownership, title, liens, condition, mileage, listing materials, auction authorization, fees, withdrawal, and transaction completion.

Prohibited Listings. Sellers must not submit listings that are false, misleading, fraudulent, unlawful, infringing, unsafe, stolen, misrepresented, or otherwise inconsistent with these Terms or PHM's policies. PHM may remove any listing that it considers inappropriate, risky, incomplete, inaccurate, or unsuitable for the Platform.

Seller Cooperation. Sellers must respond promptly to reasonable requests from PHM, buyers, payment processors, verification providers, or other relevant parties in connection with listing review, transaction completion, title transfer, dispute handling, fraud prevention, or compliance requirements.

No Guarantee of Listing or Sale. Submission of a listing does not guarantee approval, publication, visibility, bidding activity, sale, final transaction, or any particular result. PHM may decline, withdraw or remove a listing at its discretion, including for legal, licensing, operational, marketplace integrity, fraud prevention, or compliance reasons.

Buyer Responsibility. Buyers are responsible for reviewing all listing information, asking questions, conducting due diligence, arranging inspections where appropriate, and deciding whether to place a bid or complete a transaction.

Unless a listing expressly provides otherwise or applicable law requires otherwise, each item is offered by the seller on an "as is, where is, with all faults" basis. This does not limit any disclosure, warranty, or other obligation that applicable law does not permit the seller to waive.

PHM does not guarantee the condition, history, title, mileage, authenticity, value, legality, roadworthiness, safety, or fitness of any listed item.

Bidding Eligibility. PHM may require users to create an account, provide accurate information, verify identity, add a valid payment method, or satisfy other requirements before placing a bid or participating in marketplace or auction related features. See the Auction Rules for card, identity, and authorization requirements.

Binding Bids. Each bid placed through the Platform is a binding and irrevocable offer to purchase the listed item at the amount submitted.

You must not place a bid unless you are willing and financially able to complete the purchase if you are confirmed as the winning bidder and any applicable reserve price is met.

A bid may be corrected or cancelled only in accordance with the limited bidding-error, fraud, technical-error, and bid-cancellation procedures contained in the Auction Rules.

Bid Review and Cancellation. PHM may review, reject, cancel, remove, or disregard a bid where PHM reasonably believes that the bid resulted from fraud, a genuine entry error, unauthorized account activity, technical failure, an invalid payment authorization, shill bidding, collusion, manipulation, or another violation of these Terms or the Auction Rules.

Auction Procedures and Results. Reserve auctions, no-reserve auctions, bid increments, auction extensions, auction closing procedures, winning-bid confirmation, reserve-not-met outcomes, and post-auction negotiations are governed by the Auction Rules.

PHM may delay or withhold confirmation of an auction result while it reviews payment, identity, verification, fraud, bidding, technical, listing, or compliance concerns.

Buyer Default. A winning bidder who fails or refuses to complete the purchase remains responsible for the Buyer Premium and any other amount owed to PHM under the Auction Rules.

PHM may cancel the transaction process, restrict or terminate the buyer's account, prohibit future bidding, assist the seller with an eligible relisting, and take other reasonable enforcement action.

Any remedies arising directly between the buyer and seller are governed by their contract and applicable law.

No Guaranteed Transaction. A bid, winning bid, accepted offer, or other Platform activity does not guarantee that a transaction will be completed. Completion may depend on payment processing, seller cooperation, title and ownership matters, verification, documentation, legal compliance, and other factors outside PHM's control.

Payment Methods and Authorization. Certain Platform services require a valid payment method. By providing a payment method, you authorize PHM and its third-party payment providers to verify the payment method and to authorize, hold, charge, capture, refund, reverse, or reprocess amounts payable in connection with your use of the Platform.

All PHM fees are denominated in U.S. dollars. Listing Fees, Promotion Package fees, photography fees, and other flat service fees may be paid by card or an approved cryptocurrency payment method. Buyer Premiums and bid-related authorization holds are card-only.

Third-Party Payment Processing. Payments may be processed by Stripe, an approved cryptocurrency payment provider, or another third-party provider.

PHM is not responsible for delays, declines, authorization periods, exchange-rate changes, network fees, processing errors, account restrictions, or other acts or omissions of a payment provider, financial institution, card issuer, or cryptocurrency network.

PHM Fees. PHM may charge:

• Listing Fees payable by sellers after PHM accepts an item for listing;
• Buyer Premiums payable by confirmed winning bidders;
• optional Promotion Package fees; and
• optional photography or other disclosed add-on service fees.

These amounts are service fees payable to PHM for use of the Platform and Auction Services. They are separate from the winning bid amount payable directly to the seller and are not a commission deducted from the seller's sale proceeds.

The applicable rates, amounts, minimums, caps, conditions, and current fee schedule are set out in the Auction Rules and displayed before the relevant listing, bid, or service is confirmed.

Bid Holds. When a bid is placed, PHM's payment provider may authorize a temporary hold on the bidder's card as described in the Auction Rules.

A bid hold is an authorization and not a charge, although it may temporarily reduce the available balance or credit on the card. The hold may exceed the Buyer Premium ultimately charged.

For an unsuccessful bidder, the hold will be released. For the winning bidder, PHM will charge the actual Buyer Premium owed and release any excess authorization. The bidder's bank or card issuer controls when released funds become available.

Non-Refundability, Failed Payments, and Chargebacks. Listing Fees, Buyer Premiums, Promotion Package fees, photography fees, and other service fees are non-refundable to the extent stated in the Auction Rules and applicable service disclosures.

A Buyer Premium remains non-refundable where the winning bidder later fails or refuses to complete the purchase. Exceptions for PHM error or a qualifying PHM-initiated cancellation are governed by the Auction Rules.

Users remain responsible for failed payments, insufficient funds, payment reversals, unauthorized or improper chargebacks, and all amounts validly owed to PHM.

Direct Settlement Between Buyer and Seller. The winning bid amount and the underlying purchase price are paid directly by the buyer to the seller. PHM does not receive, hold, transmit, or escrow those funds.

PHM's processing of Listing Fees, Buyer Premiums, Promotion Package fees, bid holds, or other Platform fees does not make PHM a party to the underlying sale.

Taxes and Related Costs. Buyers and sellers are responsible for all applicable taxes, title fees, registration fees, transfer fees, inspection costs, transportation costs, insurance, shipping, pickup, storage, and other third-party costs arising from a transaction.

PHM does not provide tax, title, registration, insurance, or financial advice.

No Escrow or Financial Services. PHM does not provide escrow, banking, financing, money transmission, payment custody, insurance, or similar financial services.

The buyer and seller may mutually agree to use KeySavvy or another independent third-party transaction service for payment, identity verification, title transfer, or related support. Such use is optional and governed by the third party's own terms and fees.

PHM is not responsible for the third party's charges, delays, restrictions, decisions, errors, title processing, or performance.

User Transactions. Unless PHM expressly states otherwise, any purchase, sale, transfer, negotiation, inspection, pickup, delivery, or related transaction arising from the Platform is between the buyer and seller. PHM may provide Platform tools, listing support, communication features, payment-related functionality, or transaction support, but PHM is not responsible for completing the underlying transaction between users.

Buyer and Seller Responsibility. Buyers and sellers are responsible for communicating with each other, confirming transaction details, completing required documentation, arranging payment of any amounts not processed through the Platform, transferring title or ownership, and satisfying any legal, tax, registration, insurance, transport, or regulatory requirements that apply to the transaction.

Vehicle Condition and Listing Information. PHM does not guarantee the condition, quality, safety, roadworthiness, mileage, ownership, title status, history, authenticity, legality, value, or fitness for purpose of any vehicle, motorcycle, collectible, or other item listed on the Platform. Buyers are responsible for conducting their own review, inspection, and due diligence before bidding on or purchasing any item.

Title, Registration, and Legal Compliance. Buyers and sellers are responsible for ensuring that title, registration, lien release, transfer documents, bills of sale, import or export requirements, emissions requirements, and any other legal or administrative requirements are properly handled. PHM is not responsible for title defects, registration delays, undisclosed liens, ownership disputes, tax issues, or failure by a user to complete required paperwork.

Pickup, Delivery, and Transportation. Unless PHM expressly agrees otherwise in writing, buyers and sellers are responsible for arranging pickup, delivery, shipping, transportation, storage, insurance, and related logistics. PHM is not responsible for loss, damage, delay, theft, transport issues, storage fees, or other matters arising after or in connection with pickup, delivery, or transportation.

Disputes Between Users. Any dispute between buyers, sellers, or other users is primarily between those users. PHM may, at its discretion, review Platform records, provide limited support, restrict accounts, remove listings, or take other action to protect the Platform, but PHM has no obligation to mediate, investigate, resolve, or pay for disputes between users.

No Guarantee of Completion. PHM does not guarantee that any listing, bid, auction related activity, offer, communication, or transaction will result in a completed sale. Transactions may fail or be delayed due to payment issues, seller default, buyer default, title issues, verification concerns, legal restrictions, technical issues, fraud concerns, or other matters outside PHM's control.

User Content. The Platform may allow users to submit, upload, post, display, transmit, or otherwise make available content, including listings, photos, videos, comments, reviews, profile information, garage or collection information, messages, community posts, feedback, and other materials.

User Responsibility. You are solely responsible for any content you submit or make available through the Platform. You represent that you own or have the necessary rights, permissions, and authority to submit your content and that your content does not violate any law, third party rights, these Terms, or any PHM policy.

License to PHM. By submitting content to the Platform, you grant PHM a non-exclusive, worldwide, royalty-free, transferable, and sublicensable licence to host, store, reproduce, display, publish, distribute, format, adapt for technical or presentation purposes, promote, and otherwise use that content in connection with operating, providing, improving, protecting, and marketing the Platform.

For content that you make public through the Platform, including listings, photographs, videos, garage or collection content, public posts, comments, and reviews, this licence includes use in PHM's websites, social media accounts, emails, newsletters, advertisements, promotional campaigns, and other marketing materials.

Where your public content includes your username, profile name, profile image, or likeness, PHM may use those elements only as they appear in, or are reasonably necessary to identify, the public content being used.

This licence continues after removal of the content only to the extent reasonably necessary for materials created before removal, legal or transactional records, backups, or content that has already been shared or incorporated into Platform materials.

Public and Private Content. Listings, profiles, garage or collection information, public posts, comments, reviews, rankings, leaderboard activity, and other content designated as public may be viewed, indexed, shared, displayed, and used as permitted by Clause 8.3.

PHM will not use private messages or non-public account information in public advertising merely because that information was submitted through the Platform.

No PHM Endorsement. User content reflects the views and responsibility of the user who submitted it. PHM does not endorse, verify, guarantee, or assume responsibility for user content.

PHM's use of public content in marketing does not mean that the user personally endorses PHM, a listed item, or any third party. PHM will obtain separate consent before presenting a user's content as an express personal testimonial or endorsement.

Content Review and Removal. PHM may, but is not required to, monitor, review, edit, restrict, remove, disable access to, or refuse to display any user content at any time where PHM considers it necessary for legal, safety, fraud prevention, moderation, operational, platform integrity, or compliance reasons.

Feedback. If you submit ideas, suggestions, comments, or other feedback about PHM or the Platform, you agree that PHM may use that feedback without restriction, compensation, or obligation to you.

Community Features. The Platform may include community features that allow users to create profiles, follow or interact with other users, post comments, submit reviews, maintain garages or collections, participate in discussions, appear on leaderboards, send communications, and engage with listings or other user content.

User Conduct Standards. You agree to use the Platform in a lawful, respectful, and responsible manner. You must not use the Platform in a way that harms PHM, other users, the integrity of the marketplace, or the operation of the Platform.

Prohibited Conduct. You must not engage in conduct or submit content that is unlawful, fraudulent, misleading, abusive, threatening, harassing, hateful, discriminatory, defamatory, obscene, invasive of privacy, infringing, or otherwise harmful.

You must not:

• impersonate another person or misrepresent your identity or authority;
• manipulate listings, bids, rankings, referrals, reviews, or Platform activity;
• engage in shill bidding, collusive bidding, false bidding, or coordinated bid suppression;
• use multiple accounts to evade restrictions or manipulate an auction;
• divert a live auction or use the Platform to improperly avoid PHM's fees;
• submit altered or AI-generated content that conceals defects or misrepresents an item;
• engage in payment fraud, chargeback abuse, scams, spam, or unauthorized advertising; or
• interfere with any transaction, auction, account, system, or Platform operation.

No Scraping or Data Misuse. You must not scrape, crawl, harvest, copy, extract, download, monitor, or misuse Platform data, user data, listings, content, pricing information, communications, or other materials through automated tools, bots, scripts, crawlers, or any other unauthorized method. You must not reverse engineer, bypass security measures, overload the Platform, interfere with Platform operations, or attempt to gain unauthorized access to any account, system, data, or feature.

Moderation and Enforcement. PHM may remove content, restrict visibility, disable features, cancel bids, delay confirmation of an auction result, pause or cancel an auction, remove listings, withdraw bidding or listing privileges, limit communications, or suspend or terminate accounts where reasonably necessary to enforce these Terms, the Auction Rules, applicable law, or Platform integrity.

Reporting Concerns. Users may report content, listings, conduct, messages, or activity that they believe violates these Terms or PHM policies. PHM may review reports at its discretion but does not guarantee any particular outcome, response time, or enforcement action.

Participation Features. The Platform may include XP, rankings, badges, leaderboards, referral features, rewards, promotions, sweepstakes, or similar participation features. These features are provided at PHM's discretion and may be changed, suspended, or discontinued at any time.

No Cash Value. Unless PHM expressly states otherwise, XP, badges, rankings, leaderboard positions, referral credits, rewards, or other participation metrics have no cash value, are not transferable, and do not create any vested right or entitlement.

Referral Rules. Users must not abuse referral features, including by creating fake accounts, using self-referrals, sending spam, using misleading invitations, or manipulating referral activity. PHM may deny, revoke, or adjust referral credit or rewards where it suspects abuse, fraud, or policy violations.

Promotions and Sweepstakes. Any sweepstakes, contest, giveaway, or similar promotional campaign may be subject to separate Official Rules. If those Official Rules conflict with these Terms, the Official Rules will control for that campaign.

Paid Promotion Packages purchased to promote auction listings are separate from sweepstakes, contests, and giveaways and are governed by the Auction Rules.

Platform Discretion. PHM may modify, reset, remove, revoke, or correct XP, rankings, badges, rewards, referral credit, leaderboard positions, or other participation records where necessary for fraud prevention, technical correction, policy enforcement, or platform integrity.

PHM Property. The Platform, including its software, design, layout, branding, logos, trademarks, content, features, and related materials, is owned by PHM or its licensors and is protected by applicable intellectual property laws.

Limited License. Subject to these Terms, PHM grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended purpose.

Restrictions. You may not copy, reproduce, modify, distribute, sell, lease, reverse engineer, scrape, misuse, or commercially exploit any part of the Platform except as expressly permitted by PHM.

User Content. PHM does not claim ownership of user content. However, user content remains subject to the license granted to PHM under these Terms.

Infringement Claims. If you believe content on the Platform infringes your intellectual property rights, you may contact PHM with sufficient information to identify the content and the rights allegedly infringed.

Third Party Tools and Services. The Platform may use, integrate with, or link to third-party services, including payment processors, cryptocurrency payment providers, optional payment and title-transfer services, analytics tools, advertising platforms, customer-relationship management tools, email providers, identity and verification providers, hosting providers, and social-media platforms.

Third Party Terms. Your use of third party services may be subject to separate terms, privacy policies, fees, restrictions, or technical requirements. PHM is not responsible for those third party terms or practices.

Payment and Platform Providers. Payment processing and operational services may be provided by third parties such as Stripe, KeySavvy, approved cryptocurrency payment providers, Meta, Brevo, Pipedrive, PostHog, or similar providers.

KeySavvy and other third-party payment or title-transfer services are optional and operate independently under their own terms, fees, privacy policies, verification requirements, and procedures.

PHM is not responsible for a third-party provider's delay, error, suspension, limitation, charge, exchange rate, data practice, outage, decision, title processing, or performance.

Third Party Links. Links to third party websites, services, or content are provided for convenience only. PHM does not control or endorse third party websites or content and is not responsible for any loss or issue arising from your use of them.

Privacy Policy. Your use of the Platform is subject to PHM's Privacy Policy, which explains how PHM collects, uses, shares, retains, and protects personal information.

Public Information. Certain Platform activity may be visible to other users or the public, including profile information, listings, garage or collection information, comments, reviews, rankings, leaderboard activity, referral activity, and other user-generated content.

Public content may be displayed, shared, and used by PHM as permitted by the user-content licence in Section 8 and as described in the Privacy Policy.

User Responsibility. You are responsible for the information you choose to submit, upload, display, or make available through the Platform. You should not submit information that you do not want processed or displayed in accordance with the Privacy Policy and these Terms.

Availability. PHM does not guarantee that the Platform or any feature will be uninterrupted, error free, secure, or available at all times. Access may be affected by maintenance, updates, technical issues, third party services, legal requirements, or operational needs.

Feature Changes. PHM may modify, suspend, limit, replace, or discontinue any part of the Platform, including marketplace features, auction formats, bid increments, extension procedures, payment-authorization processes, listings, community features, referral features, rankings, rewards, Promotion Packages, or other payment functionality.

Changes affecting an auction already underway remain subject to the Auction Rules.

Pre-Launch, Beta, and Limited Features. Certain features may be pre-launch, experimental, beta, limited, or subject to further development. PHM may change how those features work, restrict access, or remove them without liability.

No Guarantee of Results. PHM does not guarantee listing approval, visibility, impressions, clicks, bidding activity, a particular winning bid amount, satisfaction of a reserve price, completion of a transaction, ranking, referral outcome, reward, engagement, or any other result.

Purchasing a Promotion Package or other promotional service does not guarantee any particular exposure, number of bids, sale price, or successful sale.

Platform Provided As Is. The Platform is provided on an "as is" and "as available" basis. PHM does not guarantee that the Platform will meet your expectations, be uninterrupted, error free, secure, or free from harmful components.

No Listing or Vehicle Warranty. Unless the listing expressly provides otherwise or applicable law requires otherwise, items are offered by sellers on an "as is, where is, with all faults" basis.

PHM does not warrant or guarantee any listing, vehicle, motorcycle, collectible, seller statement, buyer statement, title status, mileage, condition, history, authenticity, value, legality, safety, roadworthiness, merchantability, or fitness for a particular purpose.

No Verification Guarantee. PHM's status as a licensed auctioneer does not mean that PHM has inspected, appraised, authenticated, certified, valued, or guaranteed an item, listing, user, bid, or transaction.

Any review, approval, verification, moderation, listing assistance, auction administration, or support provided by PHM does not guarantee the accuracy of a listing, the identity or financial ability of a user, the validity of title, the condition of an item, satisfaction of a reserve price, or completion of a transaction.

No Professional Advice. PHM does not provide legal, tax, mechanical, inspection, valuation, title, registration, insurance, financing, or transportation advice. Users are responsible for obtaining their own professional advice where appropriate.

User Reliance. You use the Platform, rely on listings or user content, communicate with other users, place bids, and enter transactions at your own risk.

Excluded Damages. To the fullest extent permitted by law, PHM will not be liable for any indirect, incidental, consequential, special, punitive, exemplary, or similar damages, including lost profits, lost opportunity, loss of data, loss of goodwill, transaction losses, or business interruption, arising out of or relating to your use of the Platform.

Platform, Auction, and Transaction Risks. PHM will not be liable for losses arising from user content, listings, item condition, title or ownership issues, bids, bid holds, delayed hold releases, rejected or cancelled bids, auction extensions, suspensions, restarts or cancellations, reserve-price outcomes, buyer or seller default, failed transactions, payment disputes, chargebacks, cryptocurrency payments, Promotion Package performance, fraud or misconduct by users, third-party transaction services, Platform downtime, moderation decisions, account restrictions, or PHM's good-faith administration of an auction.

Liability Cap. To the fullest extent permitted by law, PHM's total liability for any claim arising out of or relating to the Platform, these Terms, or any user transaction will not exceed the greater of: (a) the amount you paid directly to PHM in the three (3) months before the claim arose; or (b) one hundred dollars ($100).

Basis of the Bargain. The limitations in this section apply whether the claim is based on contract, tort, negligence, strict liability, warranty, statute, or any other legal theory, even if PHM has been advised of the possibility of such damages.

User Indemnity. You agree to defend, indemnify, and hold harmless PHM, its owners, officers, directors, employees, contractors, service providers, affiliates, and agents from and against claims, demands, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Platform;
• your listings, bids, transactions, communications, or user content;
• your breach of these Terms, the Auction Rules, or another PHM policy;
• your violation of law or a third-party right;
• your fraud, misconduct, misrepresentation, negligence, or bidding manipulation;
• your failure to complete a purchase or sale;
• any ownership defect, title defect, undisclosed lien, inaccurate mileage statement, condition misrepresentation, or disclosure failure involving an item you list or sell;
• your attempt to circumvent PHM's fees or interfere with an auction;
• content submitted without sufficient ownership, permission, or intellectual-property rights;
• any dispute between you and another user; or
• any item or transaction involving you.

PHM's Control of Defense. PHM may assume control of the defense and settlement of any matter subject to indemnification. You agree to cooperate with PHM in defending or resolving any such matter.

No Settlement Without Consent. You may not settle any claim that imposes any obligation, admission, liability, or restriction on PHM without PHM's prior written consent.

User Account Closure. You may stop using the Platform at any time and may request account closure by contacting PHM or using any account closure tools made available on the Platform.

PHM Suspension or Termination Rights. PHM may suspend, restrict, disable, or terminate an account or access to a Platform feature where PHM reasonably believes that the user has:

• violated these Terms, the Auction Rules, or applicable law;
• provided false, incomplete, or misleading information;
• engaged in fraud, shill bidding, collusion, bid manipulation, or auction interference;
• failed to complete a payment, purchase, sale, title transfer, or other transaction obligation;
• engaged in improper chargebacks, payment abuse, or fee circumvention;
• misused community, referral, listing, or promotional features;
• violated another person's rights; or
• created legal, security, compliance, financial, or marketplace-integrity risk.

Effect of Suspension or Termination. Suspension or termination may result in loss of access to your account, listings, messages, community features, referral features, XP, rankings, rewards, and other Platform activity. PHM is not responsible for any loss arising from suspension, restriction, or termination taken in accordance with these Terms.

Survival. Any provisions that by their nature should survive account closure or termination will survive, including payment obligations, user content licenses, disclaimers, limitation of liability, indemnification, dispute resolution, and provisions relating to completed or pending transactions.

Informal Resolution. Before commencing arbitration or court proceedings, you must first send PHM written notice describing the dispute, the relevant facts, the relief requested, and your contact information.

The notice must be sent to info@petrolheadmotor.com. You and PHM will attempt in good faith to resolve the dispute informally for at least thirty (30) days after PHM receives the notice.

Governing Law. These Terms and any dispute between you and PHM arising out of or relating to the Platform will be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent federal law applies.

Agreement to Arbitrate. Except for the matters identified in Clause 19.7, any dispute between you and PHM arising out of or relating to these Terms, the Auction Rules, the Platform, your account, a listing, bid, fee, payment, auction, user content, suspension, or interaction with PHM will be resolved by binding arbitration on an individual basis.

This agreement applies only to disputes between you and PHM. It does not require arbitration of a separate dispute between a buyer and seller unless PHM is also a proper party to that dispute.

Arbitration Procedure. Arbitration will be administered by the American Arbitration Association ("AAA").

Where the user is an individual acting primarily for personal, family, or household purposes, the AAA Consumer Arbitration Rules will apply. Where the user is acting for a business or commercial entity, the AAA Commercial Arbitration Rules will apply.

The arbitration may be conducted through written submissions, remotely by video or telephone, or in person in Broward County, Florida, as permitted by the applicable AAA rules. Fees and costs will be allocated under those rules and applicable law.

The arbitrator may award any individual relief that a court could award but may not combine claims or preside over a class, consolidated, collective, or representative proceeding.

Class Action Waiver. To the fullest extent permitted by law, you and PHM agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, class member, or representative in any purported class, collective, consolidated, or representative proceeding.

Jury Trial Waiver. To the fullest extent permitted by law, you and PHM waive any right to a trial by jury for a dispute subject to this section.

Exceptions. Either party may:

• bring an eligible individual claim in small claims court;
• seek temporary or preliminary injunctive relief from a court to protect intellectual property, confidential information, security, or prevent unauthorized access or misuse of the Platform; or
• pursue a claim that applicable law does not permit to be resolved by arbitration.

Non-Arbitrable Claims and Venue. Any claim not subject to arbitration must be brought exclusively in the state courts located in Broward County, Florida, or the federal court having jurisdiction over Broward County, unless applicable law requires otherwise.

You and PHM consent to the personal jurisdiction and venue of those courts.

Entire Agreement. These Terms, together with the Privacy Policy, the Auction Listing, Bidding, and Transaction Rules, applicable Official Rules, and any feature-specific terms or disclosures accepted by you, constitute the entire agreement between you and PHM concerning the Platform.

If the documents conflict:

• the Auction Rules control on auction-specific matters;
• applicable Official Rules control for the particular promotion, contest, sweepstakes, or giveaway;
• feature-specific terms control for the feature to which they expressly apply; and
• these Terms control all general Platform matters.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect. The invalid or unenforceable provision will be interpreted as closely as possible to its original purpose, to the extent permitted by law.

No Waiver. PHM's failure to enforce any provision of these Terms does not waive PHM's right to enforce that provision or any other provision later.

Assignment. You may not assign or transfer your rights or obligations under these Terms without PHM's prior written consent. PHM may assign or transfer its rights and obligations in connection with a merger, acquisition, sale of assets, restructuring, or other business transfer.

Force Majeure. PHM will not be liable for any delay, failure, interruption, or loss caused by events outside its reasonable control, including technical failures, service provider issues, labor disputes, natural disasters, government actions, payment network issues, security incidents, or internet outages.

Electronic Communications. You agree that PHM may communicate with you electronically, including by email, Platform notice, account message, or other electronic means. Electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by law.

Notices. PHM may provide notices through the Platform, by email, or by other reasonable means. Notices to PHM must be sent to info@petrolheadmotor.com, unless PHM provides a different notice method.

Contact Information. Questions about these Terms may be directed to PHM at info@petrolheadmotor.com.