1. General Provisions
We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to which you object, along with an explanation of your objection, to our Customer Support Manager at email@example.com.
The Web is an evolving medium. Manheim may change the terms of this agreement from time to time. By continuing to use this website following such changes, you agree to be bound by this agreement, as modified. Manheim may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time.
Unless otherwise indicated, you will be completely responsible for all charges, fees, taxes and assessments arising out of the purchase or sale of goods or services in which you participate through this website.
2. Member Features
Manheim requires dealers to log into the website using their Website login information before accessing the services of the website.
We hope that the information we provide on the website will be helpful to you; however, despite our efforts to provide useful and accurate information, errors may appear from time to time. Before relying on any information that may be available on the website or through any feature of the website, you should confirm that the information is correct. Manheim is not responsible for and does not guarantee the accuracy or reliability of any information available on the website or through any feature of the website.
In order to purchase a guarantee using the website, you will need to provide your AuctionACCESS number and Dealer Representative number. You are solely responsible for maintaining the confidentiality of your AuctionACCESS and Dealer Representative numbers, and are responsible for all activities that occur under these numbers. Your purchase of guarantees through the website is also governed by the Terms and Conditions posted on the website.
3. Links to Other Sites
For your convenience, the website may contain links to other websites that are not operated by Manheim. Manheim does not control these websites and is not responsible for the content, products or services available through these sites. The existence of links from the website to these sites should not be construed as an endorsement of any of the content, products or services appearing on such sites or as implying an association between Manheim and the operators of these sites. By using these third-party websites you may be agreeing to their terms or visitor agreements. You release Manheim and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your use of these third-party sites or from your purchase or use of any third-party provided product or service.
The materials on the website are the property of Manheim Auctions, Inc. or its licensors, and are protected by U.S. copyright laws, international conventions and other copyright laws. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the website. You may not use automated means, such as robots, screen scrapers, or spiders, to collect and/or index any information contained on the website. You may display and occasionally print a single copy of any page on the site for your own use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, or distribute copies of, materials found on this site, in any form (including electronic means), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on website should be sent to our Customer Support Manager (firstname.lastname@example.org) or at 6325 Peachtree Dunwoody Road NE, Atlanta, GA 30328.
You are free to establish a hypertext link to the home page of the website, so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Manheim. However, without the prior written permission of the website, you may not frame any of the content of the website, nor incorporate into another website or other service any intellectual property of the website or its licensors.
The trademarks and logos featured on the website are owned by Manheim and its licensors. You may not use any trademark or service mark appearing on the website without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2003 Manheim Auctions, Inc. and/or its licensors. All rights reserved.
You agree not to use the website to violate the copyright, trademark, or other intellectual property rights of any person or other entity.
5. Disclaimer of Warranties and Limitation of Liability
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED OVER THIS SITE. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL, INFORMATION, AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE..
THIS SERVICE IS PROVIDED TO YOU “AS IS.” MANHEIM AND ITS PARENT, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS SERVICE). NOR DO WE OR THEY GUARANTEE THAT THE SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS SET FORTH IN THE TERMS AND CONDITIONS TO WHICH YOU AGREE WHEN PURCHASING GUARANTEES ON THE WEBSITE, UNDER NO CIRCUMSTANCES WILL MANHEIM OR ITS PARENT, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, ADVERTISED OR PROMOTED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS SET FORTH IN THE TERMS AND CONDITIONS TO WHICH YOU AGREE WHEN PURCHASING GUARANTEES ON THE WEBSITE, YOU AGREE THAT THE LIABILITY OF MANHEIM AND ITS PARENT, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO MAHEIM FOR USE OF THE SERVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
6. Registration and Passwords
To obtain access to certain Website services and features, you will be required to log in with your Manheim.com login information. As part of the registration process for Manheim.com, you are required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not (i) register under the name of, nor attempt to enter the service under the name of, another person or entity; nor will you (ii) adopt a user name that Manheim, in its sole discretion, deems offensive. If Manheim has reasonable grounds to suspect that information you provide as part of your registration is untrue, inaccurate, not current or incomplete, Manheim has the right to suspend or terminate your account and refuse any and all current or future use of our services and features (or any portion thereof). You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account. You agree to ensure that you exit from your account at the end of each session. If you discover or suspect any unauthorized use of your password or account or any other breach of security, you agree to immediately notify Manheim’s Online Customer Support Manager at (email@example.com) Manheim is not responsible for any loss or damage arising from your failure to protect or to keep confidential your password or account information.
Any use or attempted use by you of another person’s password and account information is expressly prohibited.
By using the Website and its features and services, you agree not to use automated means, such as robots, screen scrapers, or spiders, to collect and/or index any information contained on the Manheim website and/or interact with functionality such as, but not limited to, bidding, buying, or setting up accounts. You also agree not to use the site or the Website service or features to gather email addresses for purposes of spamming.
We reserve the right to deny access to the website, or any service or feature provided via the website, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia. By using this service, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this Agreement or use of this website. Manheim may cancel or terminate your right to use any Website service or feature at any time without notice.