Effective Date: September 1, 2021

Welcome to Senior Test, LLC (“Senior Test,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our websites, applications, products, and services (collectively, the “Services”). By accessing or using the Services in any manner, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Services.

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: Except for certain disputes described below, these Terms require binding individual arbitration and waive your right to participate in class actions or class-wide arbitration.

1. Company Information and Contact Details

Senior Test, LLC

Email: [email protected]
Phone: +1 (234) 567-8901
Mailing Address: 5 Avenue Anatole France, 75007 Paris, France

2. Scope of Services

Senior Test, LLC operates an online marketplace connecting vehicle sellers and bidders. Senior Test facilitates auctions and transactions, but the binding sales contract for any vehicle is entered into directly between Senior Test, LLC and the winning bidder. Sellers agree to make reasonable efforts to complete transactions, and bidders acknowledge that winning bids are binding obligations to purchase.

3. Eligibility and Account Registration

You must be at least 18 years old and capable of forming a legally binding contract under U.S. law to use the Services. By registering, you represent and warrant that:

• All information you provide is accurate, current, and complete
• You will maintain the confidentiality of your account credentials
• You are responsible for all activities conducted through your account

Accounts are non-transferable without our prior written consent.

4. Privacy and Children’s Information

We comply with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13 years of age. If we learn such information has been collected, we will promptly delete it. For more details, please review our Privacy Policy.

5. Communications

By creating an account, you consent to receive transactional and administrative communications from us electronically. You may opt out of marketing communications at any time by following the instructions provided in those messages.

6. Acceptable Use and Restrictions

You agree not to use the Services to:

• Violate any applicable federal, state, or local U.S. law or regulation
• Infringe intellectual property or privacy rights
• Engage in fraud, misrepresentation, or manipulation of auctions
• Interfere with the security or integrity of the Services
• Use automated systems (bots, scrapers, crawlers) without authorization

We reserve the right to suspend or terminate accounts for violations.

7. Content and Intellectual Property

All content available through the Services (excluding User Submissions) is owned by or licensed to Senior Test, LLC and is protected by U.S. copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes only.

8. User Submissions

You retain ownership of content you submit but grant Senior Test, LLC a worldwide, perpetual, royalty-free, sublicensable license to use, reproduce, distribute, display, and create derivative works of your User Submissions in connection with the Services. You represent that you have all necessary rights to grant this license.

Prohibited User Submissions include, but are not limited to:

• Infringing or unlawful content
• Pornographic or sexually explicit material
• Hate speech, harassment, or discrimination
• Content involving minors
• Fraudulent or deceptive schemes

9. DMCA Copyright Policy (U.S.)

We comply with the Digital Millennium Copyright Act (17 U.S.C. §512). Notices of claimed infringement should include all information required under the DMCA and be sent to:

DMCA Agent – Senior Test, LLC
5 Avenue Anatole France, 75007 Paris, France

Counter-notices may be submitted in accordance with the DMCA.

10. Fees and Payments

Certain Services may require payment. Fees will be disclosed prior to use. Winning bidders are required to pay the final bid amount. Refunds are handled in accordance with posted policies.

Sellers must provide required tax and payment documentation (including IRS Form W-9) within 90 days of auction completion to receive payments.

11. Termination

You may discontinue use of the Services at any time. We may suspend or terminate your account at our discretion, including for violations of these Terms. Provisions that by their nature should survive termination shall survive.

12. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY U.S. LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY U.S. LAW, SENIOR TEST, LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify and hold harmless Senior Test, LLC and its affiliates from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

15. Governing Law

These Terms are governed by the Federal Arbitration Act and the laws of the United States and the State designated by Senior Test, LLC, without regard to conflict of laws principles.

16. Arbitration Agreement and Class Action Waiver

All disputes arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. You waive the right to a jury trial and to participate in class actions. You may opt out of arbitration within 30 days of accepting these Terms by providing written notice.

17. Miscellaneous

These Terms constitute the entire agreement between you and Senior Test, LLC. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect. You are an independent user and not an employee, agent, or partner of Senior Test, LLC.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF USE.