Terms of Service

Welcome to the Internet sites of Auto Auction Services Corporation (collectively, "AASC," "Company," "we," or "us"), which operates various websites such as autoims.com, liverepos.com and mylocalauction.com (collectively, "AASC Websites"). Please carefully review these terms and conditions ("Terms of Use") and the privacy terms of service ( Privacy Guidelines ) (these Terms of Use and the Privacy terms of service, collectively form the "Agreement") all of which collectively with the Services Agreement and/or Sub-Account Access Systems Agreement govern your use of and access to all AASC Websites. YOUR USE OF ANY AASC WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY AASC, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS AND CONDITIONS OF USE, THE PRIVACY terms of service, THE SERVICES AGREEMENT AND THE SUB- ACCOUNT ACCESS SYSTEMS AGREEMENT, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) SERVICES AGREEMENT, (2) SUB-ACCOUNT ACCESS SYSTEMS AGREEMENT, (3) TERMS OF USE AND (4) PRIVACY terms of service. IF YOU DO NOT AGREE TO WITH THESE TERMS, YOU ARE NOT PERMITTED TO USE OR ACCESS ANY AASC WEBSITE.

Modifications of This Agreement

AASC reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of any AASC Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any AASC Website.

Copyright

Any content contained within this web site is the registered copyright of AutoIMS. AutoIMS does not release its legal copyrights in any way, either by implication, estoppels or otherwise. Any attempt to modify or subvert the content of this web site is a violation of AutoIMS's copyright. This copyright extends to protect the software programs and the source codes contained within this web site.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working to this Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere with the proper working of the Site.

Intellectual Property

The Software and Source codes used on the site are the intellectual property of AutoIMS. Any attempt to modify or acquire this site through duplication, transfer, reverse engineering, disassembly, or otherwise is prohibited. Users may not create derivative works from this site. Users may not attempt to access or duplicate the software available through the AutoIMS web site in an attempt to sell or transfer any rights in such software.

Links

AASC is not affiliated or associated with the sponsors, owners or producers of any third-party websites linked to or from any AASC Website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third-party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third-party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might provide on or through any third-party site.

Solely Intended for United States and Canadian Users

Unless otherwise explicitly specified on the AASC Websites, the information on all AASC Websites is intended solely for use and access by persons residing in the United States, its territories and possessions, or Canada. AASC controls and operates its Websites from offices located in the United States and makes no representations or warranties that the information, products or services contained on any of the AASC Websites is appropriate for use or access in other locations.

Use

All AASC Websites and their content are intended solely for commercial use consistent with the written agreements between the parties. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of any AASC Website are copyrighted, patented, trademarked and/or include other intellectual property that is owned, controlled or licensed by AASC. The compilation (i.e., the collection, arrangement and assembly) of all materials on any AASC Website is the exclusive property of AASC and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any AASC Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your commercial use, consistent with the written agreements between the parties only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (d) use or access any AASC Website for any purpose that is unlawful or prohibited by this Agreement; (e) use or access any AASC Website in a manner that could damage, disable, overburden, or impair any Company server or networks connected to any Company server; or (f) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Company server through hacking, password mining or any other means.

Registration, Authorization and Access

To enter certain portions of the AASC Websites, you will be required to submit a Services Agreement, which may include, without limitation, your name, address, email address, age, gender and/or credit card information ("Services Agreement"). You agree for execution of the Services Agreement, and at all times thereafter, to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate; and/or (c) provide additional information about yourself as may be requested by AASC from time to time. Please note that AASC may use any information received in accordance with its Privacy Guidelines )

Data Archive Policy

Users can perform full reporting on any vehicle data for three years after the data is archived. After the three-year mark, users will retain access to the data but cannot report against the data or modify vehicle data. However, users may search for individual vehicles and view vehicle details beyond the three-year period.

Disclaimer

ALL AASC WEBSITES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. AASC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF ANY AASC WEBSITE OR THE INFORMATION INCLUDED ON ANY SUCH WEBSITE. AASC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES. AASC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY AASC WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY AASC WEBSITE OR THE SERVER THAT MAKES ANY AASC WEBSITE AVAILABLE ARE FREE FROM HARMFUL COMPONENTS, INCLUDING VIRUSES. AASC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY AASC WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY AASC WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL AASC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS ANY AASC WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AASC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT AASC, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL AASC BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Online Copyright Infringement Notification

If you believe that any AASC Website(s) contains materials that constitute copyright infringement, please notify AASC promptly.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD AASC AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF ANY AASC WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

Term and Termination

AASC shall have the right to terminate your access to, and use of, any and/or all AASC Websites immediately if, in its sole discretion, AASC believes that your conduct fails to conform to this Agreement. AASC also reserves the right to investigate suspected violations of this Agreement.

Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the applicable AASC Website(s); and (b) as applicable, pay any amounts owed to AASC in full within thirty (30) days from the date of such termination.

Applicable Laws

This Agreement shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws provisions thereof. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO ANY AASC WEBSITE OR THIS AGREEMENT SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN FULTON COUNTY, GEORGIA.

Commencement of Actions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY AASC WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous

The failure of AASC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit AASC's rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. AASC may assign its rights and duties hereunder to any party at any time without any notice to you. You may not assign this Agreement without AASC's prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Privacy Guidelines

Welcome to the websites of Auto Auction Services Corporation (collectively, "AASC," "Company," "we" or "us"). AASC operates various websites such as autoims.com, liverepos.com and mylocalauction.com (collectively, "AASC Website(s)" or "Website(s)"). The AASC Websites are intended for use only by persons residing in the United States, its territories and possessions, or Canada. This policy only applies to AASC's information collection and use practices through the AASC Websites.

Links

There might be links from an AASC Website to other websites. This privacy policy only applies to AASC Websites and not to websites or online services of any other company or organization linked from an AASC Website. AASC encourages you to review all policies, rules, terms and regulations, including the privacy policies, of each website that you visit.

Gathering Information

AASC may request business contact information that you elect to provide to us. For example, we collect information when you (1) sign up with us, (2) use our services, including visiting AASC Websites, and/or (3) communicate with us or request communications from us. The types of business contact information we collect may include: name, address, phone number(s) and email address(es), and information regarding how you became aware of the AASC Websites. In certain portions of the AASC Websites, you can log in using your password and edit your business contact information.

The AASC Websites collect certain information about you automatically. Such automatically collected information includes information such as the IP address of your device; the type of browser and browser version; other identifiers associated with the device you use to access AASC Websites; items you download from our Websites; the pages you visit and the features or functionality you use, including dates and times; and, if you navigated from or navigate to another website, the address of that website ("Technical Information").

Cookies

We also collect information from visitors to AASC Websites through the use of cookies and/or similar technologies (collectively, "Cookies"). Cookies are small identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser.

Depending on your browser, you may be able to reject cookies or receive notice when a cookie has been sent. Rejecting cookies may make parts of AASC's Websites unusable. AASC Websites do not respond to "do not track" requests or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer's online activities over time and across third-party web sites or online services.

Use and Disclosure of Personal Information

We may use business contact information collected on AASC Websites to contact you, to provide you with information requested or information which we believe may be of interest to you in connection with completing a transaction or providing a service, to provide features on our AASC Websites (including to troubleshoot or enhance AASC Websites), and otherwise to operate the AASC Websites and businesses. We may also use and disclose the business contact information we gather with third parties, including:

  • in response to legal process, official request, or pursuant to our legal obligations; and/or
  • to protect and defend the property, security, or rights of ourselves and others.

In addition, in the event that all or substantially all of AASC's stock and/or assets are transferred or sold to another entity, AASC may transfer business contact information to the acquiring entity.

Your Choices and Rights

If we send you promotional emails, we will include an unsubscribe link within such emails. Please note that you may continue to receive non-promotional communication as permitted by law. If you maintain an online account with us, you may update your information by logging in to your account.

Changes

This Privacy Notice may be revised at any time. We will post updates at this web page, which you should consult periodically for changes.

Contact Us

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices related to any or all of the AASC Websites, please contact us at the following e-mail address, mailing address or telephone number: clientsupport@autoims.com 50 Glenlake Parkway, Suite 400 Atlanta, GA 30328 678-597-3900