Terms and Conditions
Welcome to Barrett-Jackson.com. Barrett-Jackson and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Barrett-Jackson.com, you accept these conditions. Please read them carefully.
When you visit Barrett-Jackson.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Barrett-Jackson or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Barrett-Jackson and protected by U.S. and international copyright laws. All software used on this site is the property of Barrett-Jackson or its software suppliers and protected by United States and international copyright laws.
The names Barrett-Jackson, Barrett-Jackson.com, and all associated graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Barrett-Jackson Auction Co. LLC or its affiliates. Barrett-Jackson's trademarks and trade dress may not be used in connection with any product or service that is not Barrett-Jackson's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Barrett-Jackson. All other trademarks not owned by Barrett-Jackson or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to Barrett-Jackson or its affiliates.
LICENSE AND SITE ACCESS
Barrett-Jackson grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Barrett-Jackson. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Barrett-Jackson. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barrett-Jackson and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Barrett-Jackson's name or trademarks without the express written consent of Barrett-Jackson. Any unauthorized use terminates the permission or license granted by Barrett-Jackson. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Barrett-Jackson so long as the link does not portray Barrett-Jackson, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Barrett-Jackson logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ONLINE ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Barrett-Jackson does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Barrett-Jackson.com only with involvement of a parent or guardian. Barrett-Jackson and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Barrett-Jackson.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Barrett-Jackson and its affiliates attempt to be as accurate as possible in describing products offered at Barrett-Jackson.com. However, Barrett-Jackson does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors of the products that appear in the Store. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
If a product offered by Barrett-Jackson is not as described, your sole remedy is to return it in unopened, unused condition. We are unable to accept returns for any products that have been opened or used.
BULLETIN BOARDS, FORUMS, AND CHAT ROOMS
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively “Messages”) to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”). However, Barrett-Jackson accepts no responsibility whatsoever in connection with or arising from such Messages.
Barrett-Jackson does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Barrett-Jackson prior to posting and do not necessarily reflect the opinions or policies of Barrett-Jackson. Barrett-Jackson makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Barrett-Jackson reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
Barrett-Jackson assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Barrett-Jackson chooses, in its sole discretion, to monitor the Forums, Barrett-Jackson nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Barrett-Jackson accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that would fall into one or more of the following categories.
- Messages that are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law.
- Messages that violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to Barrett-Jackson that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner.
- Messages that improperly assume or claim the identity, characteristics or qualifications of another person.
- Messages that are for purposes of spamming.
- Messages that contain any virus or other harmful component.
- Messages that are libelous, or constitute an invasion of privacy or publicity rights or any other third party rights.
- Messages that are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the sole and exclusive property of Barrett-Jackson and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Barrett-Jackson sees fit.
You agree to release and forever hold harmless Barrett-Jackson, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums.
If at any time you are not happy with the Forums or object to any material within Forums, your sole and exclusive remedy is to cease using them.
Parties other than Barrett-Jackson operate stores within the Barrett-Jackson.com website. In addition, we provide links to the websites of affiliated companies, sponsors, and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Barrett-Jackson does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the individual privacy statements and other conditions of use of any website you visit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BARRETT-JACKSON ON AN "AS IS" AND "AS AVAILABLE" BASIS. BARRETT-JACKSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BARRETT-JACKSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARRETT-JACKSON DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BARRETT-JACKSON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BARRETT-JACKSON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Barrett-Jackson.com, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Barrett-Jackson or its affiliates.
Any dispute relating in any way to your visit to Barrett-Jackson.com or to products you purchase through Barrett-Jackson.com shall be submitted to the state or federal courts of Maricopa County, Arizona, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, including our Acceptable Use Policy, as posted on this site. These policies also govern your visit to the Store at Barrett-Jackson.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS AND CONTACT INFORMATION
Barrett-Jackson Auction Co. LLC
7400 East Monte Cristo Avenue
Scottsdale, Arizona 85260