WEB SITE USE AGREEMENT
PLEASE READ THIS WEB SITE USE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THIS AGREEMENT POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THIS WEBSITE.
- ADESA.ca, OPENLANE.ca and all of the Company’s web sites (collectively, the “Web Site”) are owned and operated by ADESA, Inc. (“ADESA”) and OPENLANE, Inc. (“OPENLANE”) respectively. The material contained on the Web Site including, but not limited to, the text, images, graphics, sound, photographs and software (collectively, the “Content”), is protected by intellectual property laws. Some of the Content is updated on a real time basis and is proprietary or licensed to ADESA and/or OPENLANE by third parties. You may not copy, reproduce, manipulate, alter, modify, create derivative works, distribute, republish, upload, post, publicly display, or transmit the Content in any way without ADESA’s prior written consent.
- You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any auction being conducted on the Web Site. You will not take any action that imposes an unreasonably or disproportionately large load on ADESA or OPENLANE’s infrastructure.
- Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, services are not available to minors. If you do not qualify, please do not use the services. Further, services are not available to individuals banned or otherwise disallowed from doing business at any ADESA or OPENLANE auction.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE WEBSITE AND ITS CONTENTS, AND ANY SITE TO WHICH IT IS LINKED, ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. ADESA DOES NOT WARRANT THAT THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADESA AND/OR OPENLANE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION THAT MAY BE ASSOCIATED WITH ITS USE OF THIS SITE.
- ADESA, OPENLANE AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION OR LOST PROFITS RESULTING FROM OR CAUSED BY THE WEB SITE OR IT’S CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO THE USE OR INABILITY TO USE THE WEB SITE. ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, EVEN IF THERE IS NEGLIGENCE AND/OR IF ADESA AS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, ANY MATERIALS AVAILABLE THROUGH THE WEB SITE, OR WITH ANY OF THE WEB SITE’S TERMS AND CONDITIONS, INCLUDING TERMS AND CONDITIONS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS AND/OR LIABILITIES FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF THIS SECTION AND THE PRECEDING SECTION MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, ADESA’S LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE. IN NO EVENT SHALL ADESA BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ADESA’S SITE, SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.
- You agree to indemnify and hold ADESA, OPENLANE and its parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or any documents it incorporates by reference, or your violation of any law or the rights of a third party.
- The Web Site could provide links to other web sites that are not maintained by ADESA and/or OPENLANE. ADESA and OPENLANE are not responsible for the content of those third party web sites. The inclusion of any link to a web site does not imply endorsement of the web site. Such third party web sites may have separate privacy and data collection practices, independent of us. ADESA and OPENLANE has no responsibility or liability for these independent policies, or lack thereof, or any actions or omissions of such third parties.