LIMITED ARBITRATION PROGRAM TERMS

Definitions. The terms below have the following meanings when used in these Limited Arbitration Program Terms. Capitalized terms used, but not defined in these Limited Arbitration Program Terms, have the meanings ascribed to them in the ACV Auctions Inc. (“ACV”) Vehicle Condition Arbitration Policy (“ACV’s Arbitration Policy”).

1. Arbitration Rate means the number of arbitration claims opened in a month by a Buyer divided by the number of vehicles purchased by the Buyer in that month, multiplied by one hundred percent (100%).

2. Cure Month means the calendar month immediately following a trailing three (3) month period that a Buyer has a Triggering Event.

3. Triggering Event means a Buyer has an average Arbitration Rate of twenty-five percent (25%) or more at the conclusion of a trailing three (3) month period.

Program Mechanics. If a Buyer has a Triggering Event, they will be notified by ACV. Buyer will then have the opportunity to reduce their Arbitration Rate below twenty-five (25%) during the Cure Month. If at the end of the Cure Month Buyer has not reduced their Arbitration Rate below twenty-five (25%) or has not purchased any vehicles through the ACV Platform during such month, ACV may automatically enroll the Buyer in the Limited Arbitration Program for the next two (2) calendar months. If ACV elects to do so, it will notify Buyer.

Eligible Issues under Limited Arbitration. During the period a Buyer is enrolled in the Limited Arbitration Program, they are prohibited from bringing any arbitration claim except for the issues noted below, in which case, the applicable terms and conditions of ACV’s Arbitration Policy will apply.

1. Fuel Conversion

2. Structural Damage/Certified Structural Repair or Replacement/Structural Alteration

3. Inoperative Odometer

4. State-Issued VIN Plates (Including Kit Vehicles)

5. Vehicles Being Sold with No Title (Bill of Sale Only)

6. Logo or Decal Misrepresentation

7. Fire Damage

8. Biohazard Vehicles

9. Stolen Vehicle/Theft Recovery (Including History)

10. Flood Damage (By Auction Inspection)

11. Previous Canadian Vehicles

12. Total Loss and/or Salvage Retention (By Insurance Records)

13. Not Actual Miles or True Miles Unknown

14. Stolen Vehicle - Active/Open Theft

15. Lemon Law/Manufacturer's Buyback

16. Bonded, Insurance and/or Salvage Titles (Including History)

17. Grey Market Vehicles

18. Flood Damage History (Reported By Government Agencies and/or Insurance Company Records)

19. Vehicles Being Sold With a Government Release for Title (27A, SF-97-1 etc.), CO, MSO, or Repo Affidavit

20. Pending State or Local DMV Fees or Taxes Over $100 Due On Vehicle (If Required By Law)

21. Any Disclosure Required By Law

General. A Buyer can be enrolled in the Limited Arbitration Program more than once. ACV’s records and calculations shall control for purposes of determining a Buyer’s Arbitration Rate, and  ACV has sole discretion in determining whether a Buyer will be enrolled in, or removed from, the Limited Arbitration Program.