Manheim Auctions Government Services (MAGS) Visitor Agreement

Welcome to Manheim.com, a service of Manheim Auctions, Inc. ("Manheim," "we" or "us"). By using this service, you agree to abide by the terms of this Visitor Agreement and the Manheim.com Privacy Policy. These are legally binding agreements between you and Manheim; please read both agreements carefully.

1. General Provisions
Manheim.com is an online automotive auction site and service that brings automobile dealers, manufacturers, banks, leasing companies, and other automotive industry professionals together. Manheim.com includes such features as Manheim Market Report, CyberLots, CyberAuctions, myAccount, and other automotive software and information.

Manheim respects the privacy of its users. Please take a moment to review our Privacy Policy.

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 (info@manheim.com).

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending an email to info@manheim.com, or by sending a notice by U.S. Mail to: Customer Support Manager, Manheim.com, 6325 Peachtree Dunwoody Road NE, Atlanta, GA 30328.

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 Manheim.com. Manheim.com is not responsible for, and does not guarantee the performance of, any goods or services that are listed or sold through Manheim.com.

2. Member Features
Manheim requires dealers to register if they wish to use many of the online features or to access much of the information available on the Manheim.com site. For example, registered members can use Manheim.com's features to view upcoming schedules of Manheim's auctions, get detailed information about auction inventories, and participate in auctions using Manheim.com's Simulcast Auction and CyberSuite features. Particular features on the Service may have their own purchase policies and/or terms of service; by using these features, you agree to be bound by their terms.

We hope that the information we provide on the Manheim.com site 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 Manheim.com or through any feature of Manheim.com, including any vehicle or auction account information (such as information about credit lines, monies owed or monies due, etc.), 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 Manheim.com or through any feature of Manheim.com.

Simulcast Auctions

Our Simulcast Auction feature allows dealers to participate, on a virtual basis, in live vehicle auctions held at select Manheim locations. This feature lets you receive a live audio and video feed and to bid on vehicles at auctions you cannot physically attend. While we make every effort to ensure that these feeds will be available to you throughout the auction, we cannot guarantee the uninterrupted performance of any audio or video feed we provide. In order for you to participate in simulcast auctions using the Simulcast Auction feature, you will need to provide Manheim with certain information, including your name and your AutoTech Number located on your Auction Access Card. If you do not wish to provide this information, you will not be able to use this feature.

In addition, in order to purchase a vehicle using the Simulcast Auction feature, you will need to provide your Auction Access number and Dealer Representative number, which will be sent to the auction from which you wish to purchase a vehicle so that the auction may process your payment. You are solely responsible for maintaining the confidentiality of your Auction Access and Dealer Representative numbers, and are responsible for all activities that occur under these numbers.

By using the Simulcast Auction feature, you agree to be bound by any terms and conditions of the auction you participate in, including the purchase policies of such auction. These terms and conditions may include, but are not limited to, terms regarding payment of all amounts when due and restrictions regarding the availability of such vehicle. The additional terms and conditions and/or purchase policies will be posted or linked to on the Simulcast Auction feature or available through the auction that you are virtually attending. Please read these additional terms and conditions and purchase policies.

CyberSuite

Our CyberSuite features allow dealers to purchase cars online at a fixed price (CyberLots) and to purchase cars online in a competitive bidding environment (CyberAuctions). These features let you view digital images of the cars for sale and to view full text descriptions of the vehicles and their condition. Vehicle information is provided by third party sellers and/or the relevant individual auction; before bidding on or purchasing any vehicle via Manheim.com, you should confirm with the vendor or auction any information (including the price and the condition of the vehicle) that is important to your purchasing decision.

In order to purchase a vehicle using our CyberSuite features, you will need to provide your Auction Access number and Dealer Representative number, which will be sent to the auction or vendor from which you wish to purchase a vehicle so that the auction or vendor may process your payment. You are solely responsible for maintaining the confidentiality of your Auction Access and Dealer Representative numbers, and are responsible for all activities that occur under these numbers. By bidding on or purchasing a vehicle through the CyberSuite, you agree to abide by the terms or conditions applicable to that CyberLot or CyberAuction, including, without limitation, any purchase policies or other terms or conditions of purchase imposed by any vendor or auction with whom you elect to deal, including, but not limited to, terms regarding payment of all amounts when due and restrictions regarding the availability of such vehicle.

myAccount

Our myAccount feature is a service within Manheim.com that allows members to view account balances, create custom invoices, view and make online payments, review vehicle histories and receive email notifications of the sales status of selected vehicles.  Due to the confidential information contained in myAccount, you are required to provide additional information to register for myAccount. (For additional information regarding myAccount registration, see the "Registration and Passwords" section below.) In addition, your use of the myAccount service is subject to your agreement to additional terms and conditions that will be presented to you at the time you register for myAccount. To receive email notifications about the status of selected vehicles, you must provide a working email address as part of your myAccount registration. Because email messages can be unexpectedly delayed or undeliverable, we cannot guarantee the delivery or timeliness of any email notifications you request. We make every effort to ensure that the account information and any other information we provide via the myAccount feature is accurate; however, despite our efforts, inaccuracies may appear from time to time. You should confirm any information that is important to your decision, including, without limitation, your account information, before you act on it.

Manheim Market Report (MMR)

Our MMR feature is the industry's only daily price guide that computes estimated vehicle prices from millions of actual sales from the various individual Manheim auctions. Members can elect to use an Internet-only version of MMR, or can elect to download MMR software onto a PC or Palm-type handheld. While we make every effort to provide software that is useful, we cannot guarantee to functionality or performance of any software provided on the Manheim.com site, nor can we guarantee that any software you download will be virus-free or otherwise safe for use on your computer or device. Use or download of MMR software or any other software we provide is at your own risk and is subject to agreement to the end-user agreement that is available upon download of the software.

Other Member Features

Members can use additional Manheim.com features to get detailed information on any of Manheim's facilities located around the country (including contacts, maps and directions, sale dates and calendars, dealer registration forms and policies), view pre-sale inventories by auction or by consignor, search for particular vehicles, and review the actual post-sale prices of cars sold at Manheim auctions to better determine future pricing strategies. In addition, Manheim may add additional features or functionality to the site in the future. As is the case with many of the current features on the site and as may be the case with future features, you may be subject to additional terms and conditions that specifically apply to your use of those features or your purchase or use of products or services available through those features. Such additional terms and conditions will be posted or linked to on the site in the area where you access the feature. By using these services or features you agreed to be bound by any additional terms and conditions that may apply to the applicable feature. As with all of our information, the information we provide about our auctions and vehicles is subject to change; before you act on any such information, you should confirm that it is accurate.

3. Links to Other Sites
For your convenience, Manheim.com contains links to other websites, including websites promoting automotive products and services, 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 Manheim.com 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.

In addition, Manheim.com may feature links to websites for individual vehicle auctions that may be associated with Manheim or may offer vehicles through Manheim.com as well as their own auction sites. Although Manheim may power or host some of these individual auction sites, Manheim is not responsible for any of the content, vehicles, products or services available through these sites. 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 individual auction sites or from your purchase or use of any product or service through the individual auction sites.

4. Ownership
The materials on Manheim.com 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 Manheim.com. You may not use automated means, such as robots, screen scrapers, or spiders, to collect and/or index any information contained on Manheim.com. 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 Manheim.com should be sent to our Customer Support Manager info@manheim.com or at 6325 Peachtree Dunwoody Road NE, Atlanta, GA 30328.

You are free to establish a hypertext link to the home page of the Manheim.com site, located at www.manheim.com, so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Manheim.com. However, without the prior written permission of Manheim.com, you may not frame any of the content of Manheim.com, nor incorporate into another website or other service any intellectual property of Manheim.com or its licensors. Requests for permission to frame our content may be sent to our Customer Support Manager (info@manheim.com) or at 6325 Peachtree Dunwoody Road NE, Atlanta, GA 30328.

Manheim.com and the Manheim.com logo are registered trademarks of Manheim Auctions, Inc. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on Manheim.com 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 Manheim.com to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to Manheim.com, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner. By submitting material to Manheim.com, you are permanently granting Manheim a perpetual, royalty-free license to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.

5. Disclaimer of Warranties and Limitation of Liability
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SERVICE, INCLUDING WITHOUT LIMITATION, ANY ACTUAL OR PROJECTED AUTOMOBILE VALUES CONTAINED IN THE MANHEIM MARKET REPORT OR ANY AUCTION ACCOUNT INFORMATION CONTAINED IN THE MYACCOUNT 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, INCLUDING WITHOUT LIMITATION, THROUGH THE MANHEIM MARKET REPORT.

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.

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 Manheim.com, 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. 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

Manheim.com Services

To obtain access to certain Manheim.com services and features, you will be given an opportunity to register with Manheim.com. As part of the registration process, you will 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 info@manheim.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.

myAccount

myAccount allows subscribers to review their current account status online, including information such as credit lines, monies owed, and monies due. Due to the confidential information contained in myAccount, you are required to provide additional information to register for myAccount. You agree that the information you supply during that registration process will be accurate and complete. If Manheim has reasonable grounds to suspect that information you provide as part of your myAccount 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 the myAccount feature (or any portion of the myAccount feature). If you provide your myAccount password to others, those individuals will have access to your sensitive account information. Accordingly, myAccount passwords should not be shared with any other party. 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 info@manheim.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.

7. Miscellaneous

By using the Manheim.com site and its features and services, you agree not to engage in any type of data scraping or spidering with regard to the site. You agree not to use the site or the Manheim.com service or features to gather email addresses for purposes of spamming.

You agree to use the Manheim.com Service only to buy and sell products permitted by Manheim. You agree not to use Manheim.com to advertise or to solicit anyone to buy or sell other products or services, or to make donations of any kind, without our express written approval.

We reserve the right to deny access to the Manheim.com website, or any service or feature provided via the Manheim.com 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 Manheim.com service or feature at any time without notice.