Privacy Policy & Terms of Use

Privacy Policy

What This Privacy Policy Covers

This policy covers how Deluxe Miami, Corp. treats personal information that Deluxe Miami collects and receives, including information related to your past use of Deluxe Miami services. Personal information is information about you that is personally identifiable, such as your name, address, email address, or phone number, and that is not otherwise publicly available.

This policy does not apply to the practices of companies that Deluxe Miami does not own or control, or to people that Deluxe Miami does not employ or manage.

Information Collection and Use

Deluxe Miami collects personal information when you register with Deluxe Miami and when you use Deluxe Miami services. When you register we may ask for information such as your name, address, email address, phone number, credit card information, business license information, driver's license information, zip code, and other financial information. Once you register and log in, you are not anonymous to us.

Deluxe Miami collects information about your transactions with us, including information regarding items you bid on or purchase. Deluxe Miami automatically receives and records information on our server logs regarding your sessions on Deluxe Miami websites or through an Access Device application.

If you have first provided permission through your Access Device, Deluxe Miami may obtain location-based information from technologies like GPS, Wi-Fi, or cell tower proximity. You may withdraw this permission through your device settings.

Deluxe Miami uses information for the following general purposes: to contact you, to facilitate bidding, buying, and selling of items, to transfer title and ownership of items, and to comply with applicable laws and regulations.

Information Sharing and Disclosure

Deluxe Miami does not rent, sell, or share personal information about you with other people or non-affiliated companies except to (i) provide products or services you've requested, (ii) when we have your permission, or (iii) under the following circumstances:

• We provide the information to trusted partners who work on behalf of or with Deluxe Miami under confidentiality agreements. These companies do not have any independent right to share this information.
• We provide the information in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
• We may transfer information about you if Deluxe Miami is acquired by or merged with another company, to the extent permitted by applicable law. Deluxe Miami will notify you before such a transfer occurs.
• We transfer information to sellers of items purchased by you, to buyers of items sold by you, and to state and federal regulatory agencies as part of the title or ownership transfer process.

International Visitors and Customers

This website is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection that may differ from U.S. law, please note that you are transferring your personal data to the United States. By providing your personal data you consent to its use for the purposes identified above and its transfer to the United States.

Online Tracking and “Do Not Track” Signals

When you visit this site, third parties such as advertising partners and analytics providers may collect information about your online activity over time and across websites. Like many websites and online services, Deluxe Miami currently does not alter its practices when it receives a “Do Not Track” signal from a visitor's browser.

Cookies

We may place a text file called a “cookie” in the browser files of your computer or other access device. The cookie itself does not contain personal information, although it enables us to relate your use of this website to information you have specifically and knowingly provided. You can refuse cookies by turning them off in your browser. Some Deluxe Miami features and services may not function properly if your cookies are disabled.

Communications

We reserve the right to send you certain communications relating to Deluxe Miami services and your account, including notifications, service announcements, and administrative messages, without offering you the opportunity to opt out of receiving them.

Data Storage

Deluxe Miami may store your account information in our databases indefinitely following the termination of your account, to the maximum extent permitted by law.

Confidentiality and Security

We limit access to personal information about you to employees who reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect your personal information.

If Deluxe Miami learns of a security breach we may attempt to notify you electronically so that you can take appropriate protective steps. To receive written notice of a security breach (or to withdraw your consent from receiving electronic notice) please contact us at [email protected].

Changes to This Privacy Policy

Deluxe Miami may update this policy. When we do, we will revise the “last updated date” on the Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect.

Update Your Information or Pose a Question

If you would like to update or correct any information you have provided, please contact Member Services at [email protected].

Terms of Use

Deluxe Miami Site User Agreement

1. Introduction

By actively navigating, registering and/or placing a bid offer on this site, you hereby consent to be bound to the terms of the Deluxe Miami Site User Agreement and related agreements incorporated herein by reference (the “Agreement”).

A. General. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of WWW.DELUXECARSMIAMI.COM. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our services.

B. Questions. If you have any questions, please contact us at [email protected].

C. Acceptance. To access our services, you must read, agree with, and accept all of the terms and conditions contained in this User Agreement, our Fees and Refund Policy, and our Privacy Policy.

D. Other Sites. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in referenced pages and web sites, as they may contain further terms and conditions that apply to you.

2. Amendments

A. deluxecars360.com reserves the right to amend this Agreement at any time by posting the amended terms on the web site. All amended terms shall automatically be effective immediately after they are initially posted on the Site.

B. This Agreement may not be otherwise amended except in a writing signed by the party to be charged.

C. Effective Date. This agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on June 14, 2019 for all users.

3. Registration Eligibility

A. Availability. Our services are offered and available only to individuals legally capable of entering into binding contracts under applicable law. We do not transact business with minors (persons under 18 years of age), the mentally incompetent, or users whose accounts have been suspended.

B. Transferability. Your Deluxe Miami account and User ID/Password may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

4. Fees and Services

A. General Fees. You may register your Deluxe Miami account by completing our free online Registration Form. In order to engage in vehicle bidding, you will be required to deposit $500 to $3,000 in your account. Full payment of the vehicle is due within 3 days. This deposit is applied as a non-refundable registration fee; however, when you purchase your first vehicle through Deluxe Miami, this fee may be applied against your final purchase price.

B. Fee Changes. We may modify or change our fees with at least thirty (30) days' notice posted on the Site. We may in our sole discretion change or discontinue some or all of our services at any time.

C. New Services. Fees for new services are effective immediately upon launch. All fees are quoted in United States dollars unless otherwise stated.

5. Deluxe Miami Is an Online Venue

A. Status. Deluxe Miami is not a traditional auctioneer. We are merely a venue that allows people to make bid offers on currently running automobile insurance auctions before our in-house specified offer submission deadline expires. Since all insurance auctions are closed to the general public and only licensed auto salvage representatives can bid, Deluxe Miami will present your bid offer at the insurance auction on your behalf.

B. Control of Products.As a venue, we have no control over the quality, condition, safety, or legality of items advertised on the Site. All items are sold on an “AS IS” basis without express or implied warranties.

C. Fixed Price Marketplace. Deluxe Miami maintains a separate area of the Site which offers the ability to purchase restored autos at a fixed price.

D. Identity Verification. Deluxe Miami cannot and does not confirm each user's purported identity.

E. Release. In the event of a dispute with one or more third parties, you hereby release Deluxe Miami (and our officers, directors, agents, subsidiaries, partners, and employees) from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.

6. Offers, Bidding and Buying

A. Obligations. As a buyer, you are obligated to complete all transactions with sellers if you purchase an item through a fixed price format, or if you are the highest bidder at the end of an auction and your offer is accepted.

B. Bid Offer. By entering a bid offer, you agree to be bound by the conditions of sale. Offers are final and not retractable except in exceptional circumstances such as a material change to the item description, a clear typographical error, or when the seller does not confirm your purchase.

C. Fraud. Deluxe Miami reserves the right to suspend or terminate your account if we suspect fraudulent activity. All online fraud will be reported to local authorities for prosecution.

D. Manipulation. Neither you nor any third parties may manipulate the price of any item or interfere with other users' listings or transactions.

7. Your Information

A. Definition.“Your Information” is any information you provide to us or other users during registration, bidding, or listing. You are solely responsible for Your Information.

B. Restricted Activities. Your Information and activities on the Site shall not be false, fraudulent, infringing, unlawful, defamatory, or obscene, and shall not contain viruses or other harmful code.

C. License. By using this site, you grant Deluxe Miami a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity, and database rights in Your Information in any media, in accordance with our Privacy Policy.

8. Access and Interference

You agree that you will not use any robot, spider, scraper, or other automated means to access the Site without our express written permission. You will not take actions that impose an unreasonable load on our infrastructure, copy content without prior written permission, or interfere with the proper working of the Site.

9. Breach

Without limiting other remedies, we may limit your activity, remove your bid offers, warn our community, temporarily or indefinitely suspend your membership, or terminate your account and refuse to provide services if you breach this Agreement or if we are unable to verify information you provide.

10. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We store and process your information on computers located in the United States that are protected by physical and technological security measures.

11. No Warranty

Deluxe Miami, our subsidiaries, officers, directors, employees, and suppliers provide our web site and services on an “as is” and without any warranty or condition, express, implied, or statutory. Deluxe Miami specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. You expressly agree that use of the Deluxe Miami site is at your sole risk.

12. Liability Limit

In no event shall we, our subsidiaries, officers, directors, employees, or suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our services, or this agreement. Our liability to you in any circumstance is limited to the greater of (a) the amount of fees you paid to us in the six months prior to the action giving rise to liability, and (b) five hundred dollars ($500.00).

13. Indemnity

You agree to indemnify and hold Deluxe Miami and its parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

14. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

15. No Agency

You and Deluxe Miami are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended, implied, or created by this Agreement.

16. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to: Deluxe Miami, 5700 NW 27th Ave, Miami FL 33142. Notice shall be deemed effective upon actual receipt, or if sent by certified mail, three (3) days after the date of mailing.

17. Resolution of Disputes

A. General. Before resorting to formal dispute resolution, we strongly encourage you to contact us directly to seek a resolution.

B. Binding Arbitration. Either party may elect to resolve a dispute through binding arbitration conducted by telephone, online, and/or based solely upon written submissions. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

C. Court. Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in the State of Florida.

D. Mediation. Deluxe Miami will also consider alternative forms of dispute resolution, such as mediation, in any mutually agreed venue.

18. Additional Terms

Additional policies incorporated into this Agreement may be changed from time to time and are effective immediately after posting, except for the Privacy Policy for which we will provide thirty (30) days' prior notice.

19. General

This Agreement shall be governed by the laws of the State of Florida. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.