Welcome to TRAAuctions.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
at http://www.TRAAuctions.com/privacy.aspx. These are legally binding agreements
between you and Manheim; please read both agreements carefully.
1. General Provisions
TRAAuctions.com is an online automotive auction site and service that brings automobile
dealers, manufacturers, banks, leasing companies, and other automotive industry
professionals together. TRAAuctions.com includes such features as Manheim Market
Report, Lanes Online, myAccount, and other automotive software and information.
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 (email@example.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 firstname.lastname@example.org,
or by sending a notice by U.S. Mail to: Customer Support Manager, TRAAuctions.com,
6205 Peachtree Dunwoody Road, 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
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 TRAAuctions.com. TRAAuctions.com is not responsible
for, and does not guarantee the performance of, any goods or services that are listed
or sold through TRAAuctions.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 TRAAuctions.com site. For
example, registered members can use TRAAuctions.com's features to view upcoming
schedules of Manheim's auctions, get detailed information about auction inventories,
and participate in auctions using TRAAuctions.com's Simulcast Auction 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 TRAAuctions.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 TRAAuctions.com or through any feature of TRAAuctions.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 TRAAuctions.com or through any feature of TRAAuctions.com.
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
The Lanes Online feature allows users to submit information online in an effort
to secure desired run numbers at upcoming Manheim auctions. While the Lanes Online
feature gives you access to the "Real-Time" information you need to compete for
the most valuable auction run numbers, we do not guarantee that you will receive
any particular run numbers as a result of using this feature. In addition, dealer
registration at the auctions for which run numbers are requested is required to
use this feature; if you are not registered at the relevant auction, you will not
be able to use this feature.
Our myAccount feature is a service within TRAAuctions.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 TRAAuctions.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 TRAAuctions.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, TRAAuctions.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
TRAAuctions.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, TRAAuctions.com may feature links to websites for individual vehicle
auctions that may be associated with Manheim or may offer vehicles through TRAAuctions.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.
The materials on TRAAuctions.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 TRAAuctions.com. You may not use automated
means, such as robots, screen scrapers, or spiders, to collect and/or index any
information contained on TRAAuctions.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 TRAAuctions.com should be sent to our Customer Support
or at 6205 Peachtree Dunwoody Road, Atlanta, GA 30328.
You are free to establish a hypertext link to the home page of the TRAAuctions.com
site, located at www.TRAAuctions.com, so long as the link does not state or imply
any endorsement or sponsorship of you, your company, or your site by TRAAuctions.com.
However, without the prior written permission of TRAAuctions.com, you may not frame
any of the content of TRAAuctions.com, nor incorporate into another website or other
service any intellectual property of TRAAuctions.com or its licensors. Requests
for permission to frame our content may be sent to our Customer Support Manager
or at 6205 Peachtree Dunwoody Road, Atlanta, GA 30328.
TRAAuctions.com and the TRAAuctions.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 TRAAuctions.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 TRAAuctions.com to violate the copyright, trademark, or other
intellectual property rights of any person or other entity. By submitting material
to TRAAuctions.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 TRAAuctions.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 TRAAuctions.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
To obtain access to certain TRAAuctions.com services and features, you will be given
an opportunity to register with TRAAuctions.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 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.
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 firstname.lastname@example.org. Manheim is not responsible
for any loss or damage arising from your failure to protect or to keep confidential
your password or account information.
By using the TRAAuctions.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 TRAAuctions.com service or features to gather email addresses
for purposes of spamming.
You agree to use the TRAAuctions.com Service only to buy and sell products permitted
by Manheim. You agree not to use TRAAuctions.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 TRAAuctions.com website, or any service
or feature provided via the TRAAuctions.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 TRAAuctions.com service or
feature at any time without notice.