QuickAuction Terms of Service 

Last updated: February 4, 2026

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These Terms of Service (these “Terms of Service”) describe the terms and conditions applicable to your use of the QuickAuction web site (the “Website”), application, services and/or software (collectively, the “Services”). Copart, Inc. or one of its affiliates (“Copart,” “we”, “us” or “our”) provides the Services.  The Services are licensed, not sold, to you. BY USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS OF SERVICE AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT DOWNLOAD, INSTALL, ACCEPT OR USE THE SERVICES.

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  1. Use of Services. The Services are available only to individuals who are at least 18 years of age and who reside in the continental United States and can form legally binding contracts under applicable law]. In order to be able to bid on, sell, or purchase goods through QuickAuction, you must additionally satisfy other requirements as specified herein and successfully complete and pass QuickAuction’s onboarding and screening requirements, which shall include, but may not be limited to, providing identification information, a government-issued photo ID, and business incorporation and/or licensing information and documentation, as applicable.  State-specific registration requirements and applicable laws, regulations, and restrictions may further limit sign-up, purchasing, and selling eligibility. Users who have active member or seller credentials on Copart.com may use those credentials to register on QuickAuction.  We reserve the right to deny onboarding applications and deny or restrict privileges and features, in each case, in our sole discretion.

You may only use the Services for bona fide purchases and sales of goods sold via the Website.  If you do not qualify under these terms, you may not use the Services. Copart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you. You agree that Copart shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. If you violate any of these Terms of Service, the Privacy Policy, or as applicable to you, any other terms or conditions governing your use of the Services and/or a Copart.com account, each of which is hereby incorporated by reference, or any applicable laws or regulations, you agree that your permission to use the Services automatically terminates and that you will immediately cease your use of the Services. 

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You will not list or sell and will promptly remove any existing listings for products recalled by a manufacturer or governmental agency, and/or whose sale is prohibited by law or regulation, and/or that pose a health or safety hazard as specified by any governmental agency. We have no responsibility or liability for the safety or performance of any product listed, sold, or purchased using our Services. 

Without limiting the foregoing, you are expressly prohibited from displaying, promoting, offering, marketing or selling counterfeit or pirated products or services through the Services. You may not sell or buy goods that are considered weapons or firearms, jewelry, adult materials, or goods that are otherwise considered offensive. 

Copart may in its sole discretion, remove a good listed for sale if we believe it violates these Terms of Service.  Sellers are solely responsible for any defect or non-conformity in their listed products and for complying with any recall or safety alert, or similar direction or notice, and with any laws or regulations governing the sale of such products. Sellers agree to promptly remove any good upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to goods listed on the Website.

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  1. Geographic Restrictions. The Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States. By downloading, installing, and using the Services, you represent and acknowledge that you are located within the United States, and will not under any circumstances access or use the Services outside of the United States.

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  1. License Grant. Subject to the terms of this Agreement, Copart grants to you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to:
    1. download, install, and use the Services for your use on a single mobile device or computer device owned or otherwise controlled by you ("Device") strictly in accordance with the Services’ documentation; and 
    2. access, download, and use on such Device the content made available in or otherwise accessible through the Services.
  2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Services, you shall not: 
    1. copy the Services, except as expressly permitted by this license;
    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code or underlying components of the Services or any part thereof, including, to the extent permitted by applicable law, Company’s models, algorithms or systems;
    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, or other intellectual property or proprietary rights notices from the Services or any material on the Services, including any copy thereof;
    5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
    6. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
    7. use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Terms of Service, without Company's prior written consent;
    8. frame, mirror, or otherwise incorporate the Services or any portion of the Services as part of any other mobile application, website, or service;
    9. use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services; 
    10. upload any data or images that are obscene, illegal, lewd, or offensive; or
    11. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services. 
  3. Registration Data.  Your registration information includes any information you and/or your organization provides to us during the registration process and from time to time thereafter (“Registration Data”). The Registration Data and any other information provided by, or collected from you, through the Services is subject to our Privacy Policy.  You agree to provide true, accurate, current and complete Registration Data, and to maintain and promptly update your Registration Data to keep it true, accurate, current and complete.  

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  1. Fee Payments.  All fees owed to Copart for the Services must be paid by Credit Card.  We use a third-party payment processor to process payment card information. Payment options for the payment of fees may change from time to time, in our sole discretion. We reserve the right to restrict payment methods that a registered buyer or seller may use and/or implement monetary limits, pre-approval requirements, or other restrictions on a buyer’s or seller’s use of certain payment methods. Any such restrictions will be reflected in the buyer’s or seller’s account.  We do not permit payments made by someone other than the registered buyer or seller. 

If a bid is accepted but the sale is not completed because of a bona fide dispute between the buyer and seller and the resolution of the dispute results in the cancellation of the sale, Copart will refund the buyer and seller fees for the cancelled transaction upon a valid request for refund, as determined by Copart in its sole discretion. All refunds will be made to the original payment method, whenever feasible. 

You are responsible for applicable taxes relating to your goods. Even if we host and display your goods on the Website, you are the seller of record and agree to comply with all applicable tax laws and ordinances. Except for sales tax on listing fees (where applicable) you are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, duties, fees, surcharges and additional charges (“Taxes & Fees”) for sales that result from your use of the Services. You are solely liable for all liabilities, including without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes & Fees imposed on your goods.

The current fee schedule for registered buyers is found in your account settings. The current fee schedules for sellers is provided during listing creation. All fees are subject to change without prior notice. Buyers and sellers are solely responsible for ascertaining applicable fees prior to bidding and listing, respectfully, a good on the Website.  

The payment for goods sold through the Website must be coordinated between buyers and sellers. We do not facilitate or otherwise have a role in payments from buyers to sellers.  

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  1. Password and Security. To access the Services, you must log into your QuickAuction account using the credentials (email address and password) established at registration on the Website.  You are responsible for keeping your password confidential. You may not share your password with any other person, or let any other person use your account. You agree that Copart is not responsible for any loss to you arising from your failure to keep your password confidential or from your sharing of your account or password. You are responsible for all activity occurring through use of your account.  If Copart becomes aware that you knowingly have provided your login and password information to another person, Copart may suspend temporarily or terminate your account privileges. We recommend that you immediately notify us of any actual or suspected unauthorized use of your account or password. You agree that if your Copart.com personal login credentials are suspended or terminated, your QuickAuction login credentials will similarly be suspended or terminated, and vice versa. You agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by Copart. Until notified otherwise by Copart, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by Copart and follow Copart’s log-on procedures. You acknowledge that Copart is not responsible for notifying you of any upgrades, fixes, or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities not controlled by Copart. You acknowledge that it is possible that, despite the reasonable security measures that Copart has implemented, electronic communications may be accessed by unauthorized third parties when communicated between you and Copart using the Internet, other network communications facilities, telephone or any other electronic means.

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  1. Access. In order to use the Services, you need the equipment necessary to connect to the World Wide Web, and the Internet connection necessary to access it. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or other online service). You will also need an appropriate computer, related equipment, and software (your “Computer”). You are responsible for installing, maintaining, and operating your Computer. We are not responsible for any problems caused by your Computer during your use of the Services. We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Website and Services may be interfered with by numerous factors outside of our control.  We may, at our discretion, restrict access to the Services to users in or outside of certain jurisdictions, and you may not be able to access the Services if you are located or appear to be located in a jurisdiction in which the Services are not provided.

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  1. Use of Materials. The contents of the Website, such as text, graphics, images, and downloadable and other material (collectively, “Materials”) are owned by the Company, its licensors, or other providers of such Materials, and are protected by both United States and foreign copyright, trademark, and other intellectual property and proprietary laws. Unauthorized use of the Materials may violate such laws and is prohibited. We authorize you to view and download the Materials solely for your and your organization’s own use. 

You agree not to remove or modify any copyright and other proprietary notices from the Materials.  You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not reproduce, display, publicly perform, distribute, modify, copy, adapt, translate, prepare derivative works of, republish, license, sell, offer for sale, transfer, download, store, transmit, broadcast or otherwise use the Materials in any way for any public or commercial purpose. You further agree not to reverse-engineer, decompile, or disassemble any part of the Services, including any Materials or underlying components, models, algorithms or systems. The Materials may not be used on any other website for any purpose unless our prior written permission is obtained.

If you violate any of these Terms of Service, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of the Materials.

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When you provide data, including photographs and listing information to our Services (“Content”) you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights you have in that Content in connection with our provision, development, and promotion of our Services, including development of new offerings as part of our Services and to help train AI Tools (defined below), in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in that Content against Copart, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that Content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms of Service. You represent and warrant that such Content is accurate, appropriate, and does not violate any applicable laws. You represent and warrant that use of any such Content (including derivative works) by us, or other users and in compliance with these Terms of Service, does not and will not infringe any intellectual property rights of any third party.

 

  1. Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms of Service, or any other rights thereto other than to use the Services in accordance with the license granted in Section 3, and subject to all terms, conditions, and restrictions, under this Terms of Service. Copart and its licensors reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Service.

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  1. DMCA Notifications. The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that third parties are infringing their rights over the Internet. If you believe that any Content or Materials infringe upon your copyright, you may notify us in accordance with DMCA at: copyright@copart.com. We will terminate the accounts of Users of the Services who are deemed, in our sole discretion, to be repeat infringers, and may also, in our sole discretion, terminate the account of any User of the Services that infringes the intellectual property rights of others.  

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  1. Updates. We may from time to time in our sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.

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  1. Limitation of Liability. THE USE OF THE SERVICES, AND ANY INTERACTIONS WITH THIRD PARTIES RELATED THERETO, IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COPART OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE FEES ACTUALLY PAID BY YOU TO COPART IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR, IF NO SUCH FEES HAVE BEEN PAID, $100.00. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, FRAUD AND OTHER TORTS (WHETHER BASED ON INTENTIONAL OR NEGLIGENT CONDUCT), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

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  1. No Warranty. The Services and Materials may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, sequence or timeliness of the Services, Materials or the results obtained from using the Services or Materials.

COPART TAKES REASONABLE MEASURES TO SECURE ITS SERVICES BUT COPART DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CODE. IF YOUR USE OF THE SERVICES OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COPART IS NOT RESPONSIBLE FOR THOSE COSTS. WE AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS AND SERVICE PROVIDERS PROVIDE THE MATERIALS AND THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. COPART AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

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  1. Our Role.  We are not a party to the sales agreement between sellers and buyers. We do not facilitate or otherwise have a role in payments from buyers to sellers or in the delivery of goods to buyers and we do not transfer legal ownership of items from the seller to you.  Any guidance we provide as part of our Services is solely informational and you may decide to follow it or not. We have no control over nor guarantee the delivery, quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Therefore, we cannot guarantee that two parties will actually complete a transaction.  In the event that a dispute arises among one or more users, or between a buyer and a seller, you release Copart and our affiliates (and our and their respective officers, directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

We cannot control the information provided by other users which is made available through our Services. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution – and common sense – when using the Services.

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  1. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Services, Copart may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Services or certain of its features or functionality, and the Services may provide you with opportunities to share information about yourself with others. When you register with us, we may collect personal information from you described in Privacy Policy.  If you have a Copart.com account, we may also collect information from your Copart.com account.  All information we collect through or in connection with the Services is subject to, and may be used and shared as described in, our Privacy Policy. By downloading, installing, using, and providing information to or through the Services, you consent to all actions taken by us with respect to your information as described in this Agreement or our Privacy Policy. You agree that we may provide via the Services the seller’s contact information, such as name, phone number and pickup address, to the winning buyer of a good sold by the seller, and we may provide via the Services a winning buyer’s contact information, such as name and phone number, to the seller of the good purchased.  

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  1. AI Tools. You understand and agree that to provide the Services we may use artificial intelligence (“AI”) systems that are designed to operate with elements of autonomy and that, based on machine or human-provided data and inputs, infer how to achieve a given set of objectives using machine learning or logic- and knowledge-based approaches, and produce system-generated outputs such as content (e.g., generative AI systems), predictions, recommendations or decisions (“AI Tools”). You acknowledge that AI Tools consist of emerging technologies and, given the nature of such technologies, including their probabilistic nature, their use may generate outputs that are incorrect, biased, unfair, inaccurate, or nonsensical or untruthful in relation to certain sources, and you should not rely on such information as a single source of factual information. You acknowledge that information you provide or that is collected from you via the Services may be used to develop, train, or improve our AI Tools.

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  1. SMS Notifications. By providing your telephone number to us, you agree to receive recurring automated transactional and marketing text messages from Copart at the telephone number you provide. Consent is not a condition of purchasing any goods or services. Standard message and data rates may apply. You may reply STOP to unsubscribe from messages or HELP for additional information.  Replying “STOP” to an alert will disable the text message(s) for that particular program or promotion only. If you decide to opt out of marketing or promotional messages, we may still send you non-promotional communications, such as communications at your request, about your requested Services, or about your account. Message frequency varies, depending on the type of electronic alerts, notifications, or other electronic communications you choose to receive and the nature of the Services you receive.  Your telephone number will be used in accordance with our Privacy Policy. To the maximum extent permitted by applicable law, you agree that Copart shall not be liable for any direct, indirect, consequential, special, incidental, punitive, or any other damages, even if Copart has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of electronic alerts, notifications or other electronic communications. Copart shall not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages due to circumstances out of Copart’s control.

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  1. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. 

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  1. Termination. The term of this Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Copart. You may terminate this Agreement by deleting the QuikAuction application and all copies thereof from your Device and discontinuing your use of the Services. You may also email Company at privacy@copart.com to request deletion of your account and your personal information. Company will handle such requests in accordance with the process outlined in our Privacy Policy.

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Copart reserves the right to terminate, suspend, or restrict your or any individual’s access to, or use of, the Services at any time, for any reason, as determined by Copart in its sole discretion. If we believe or suspect that you are using the Services in violation of these Terms of Service or any other applicable QuickAuction policies or any laws, statutes, ordinances and regulations, we may immediately terminate, suspend, or restrict your QuickAuction account and/or access to the Services in our sole discretion. A violation of these Terms of Service, as determined by Copart in its sole discretion, also constitutes a violation of Copart.com Terms and Conditions, as applicable, and Copart may terminate, suspend, restrict, or deny your member and/or seller access to Copart.com if you violate these Terms of Service.  Similarly, a violation of Copart.com Terms and Conditions, as determined by Copart in its sole discretion, also constitutes a violation of these Terms of Service.  If your Copart.com credentials are suspended, terminated, or restricted, your QuickAuction credentials may also be suspended, terminated, or restricted, and vice versa. Copart may remove any Content you place on the Services if you violate these Terms of Service, any other Copart.com or QuickAuction policies, or any law or regulation, as determined by Copart in its sole discretion.  Any individual or entity whose QuickAuction account or access to Services has been suspended or revoked due to non-compliance with these or any other applicable terms or any applicable laws or regulations are prohibited from creating a new account on QuickAuction or Copart.com. Upon termination all rights granted to you under this Agreement will also terminate, and you must cease all use of the Services and delete all copies of the Services from your Device and account. Termination will not limit any of Copart’s rights or remedies at law or in equity.

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  1. General Compliance with Laws. You shall only use the Services to engage in good faith and lawful bidding on listed goods and for bona fide sales of listed goods.  You may not use the Services in any manner or share information on the platform that is unlawful, misleading, fraudulent, or harassing or otherwise in connection with or in furtherance of any illegal activity.  You agree that if we believe or suspect that you are using the Services in violation of any laws, statutes, ordinances and regulations, we may immediately terminate, suspend, or restrict your QuickAuction account, Copart.com account and/or access to the Services in our sole discretion.  

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  1. International Trade Law Compliance. You agree to comply with the economic and financial sanctions laws of the United States and any other applicable jurisdiction (the “Sanctions Laws”), when purchasing, selling, transporting, or handling goods sold through QuickAuction.  The Sanctions Laws include, but are not limited to, regulations maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”).  You represent, on an ongoing basis, that you are not a “Sanctioned Party,” meaning that you are not (1) identified on any restricted-party lists maintained under the Sanctions Laws, such as OFAC’s Specially Designated Nationals and Blocked Persons List (the “SDN List,” located here: SDN List); (2) organized or ordinarily resident in a country or region subject to comprehensive restrictions under the Sanctions Laws (including Iran, North Korea, Cuba, and the Crimea, Donetsk People’s Republic, and Luhansk People’s Republic regions of Ukraine) (a “Sanctioned Region”); and (3) owned or controlled by one or more persons described in (1) or (2), individually or in the aggregate, such that you would be subject to the same restrictions as such persons. You further agree that you will not sell or buy goods on QuickAuction on behalf of a Sanctioned Party, or otherwise involve a Sanctioned Party in any activities involving QuickAuction, in violation of the Sanctions Laws.

You agree to comply, and to cause your agents, representatives, vendors, and employees to comply, with the export control laws of the United States and any other applicable jurisdiction (the “Export Laws”), when exporting, re-exporting, transferring, diverting, or otherwise transporting goods originating from the United States (a “Export Transaction”).  The Export Laws include, but are not limited to, the Export Administration Regulations (the “EAR”) maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) and the Foreign Trade Regulations (the “FTR”) maintained by the U.S. Census Bureau.  You represent, on an ongoing basis, that you are not an “Export-Restricted Party,” meaning that you are not identified on any restricted-party lists maintained under the Export Laws, such as BIS’s Denied Persons List, Unverified List, Entity List, and Military End User List (all identified here: Restricted Party List).  You agree that you will not engage in any Export Transactions in violation of the Export Laws, in particular those prohibitions set forth at 15 C.F.R. Part 736. Such violations include, for example, engaging in unauthorized exports, re-exports, transfers, diversions, or transportation to, or on behalf of, an Export-Restricted Person or certain Sanctioned Persons, or to a Sanctioned Region.

Without limiting the foregoing, Sanctioned Parties and Export-Restricted Parties are prohibited from directly or indirectly using the Services. 

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  1. Indemnity. You agree to defend, indemnify, and hold harmless Copart, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, actions, demands, losses, damages, liabilities, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind including without limitation reasonable legal and accounting fees, arising or resulting from or related to (a) your use or misuse of the Services or Materials, (b) your breach of these Terms of Service, (c) any activity (including negligent or wrongful conduct) by you or any person in your organization (or acting on your organization’s behalf) in connection with or related to your use of the Services or Materials, including but not limited to the content you submit or make available through the Services, and (d) your off-platform interactions with third-parties, including but not limited to other users, in connection with or related to your use of the Services.  We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

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  1. No Agency. You and/or your organization and Copart are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

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  1. Notices. Except as explicitly stated otherwise, any notices to us shall be given by email to the support email address provided on the Website and any notices to you shall be given by email to the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

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  1. Privacy Policy. By accepting these Terms of Service, you acknowledge that you have read, understand and accept our Privacy Policy. You acknowledge that when you download, install, or use the Services, Copart may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Services or certain of its features or functionality, and the Services may provide you with opportunities to share information about yourself with others.  When you register with us, we may collect personal information from you as described in our Privacy Policy. If you have a Copart.com account, we may collect information from your Copart account in connection with providing the Services, and we may collect information from your QuickAuction account in connection with providing services on Copart.com. 

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  1. Revisions. We may update these Terms of Service and the policies incorporated herein from time to time, and if we do so, we will upload a new version to our Website or otherwise notify you where Copart determines in its discretion that such notice is required by applicable law. 

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  1. Governing Law. These Terms of Service shall be governed in all respects by the laws of the State of Texas, United States of America, without giving effect to any choice or conflict of laws provision or rule. . Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas county. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 
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  2. General. If any provision of these Terms of Service is held to be invalid or unenforceable, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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  3. Entire Agreement. These Terms of Service, the Privacy Policy, and any other policies incorporated by reference herein set forth the entire understanding and agreement between you and Copart with respect to the Services and other subject matter hereof, and supersede all prior or contemporaneous understands and agreements, whether written or oral, with respect to the Services.

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