User Agreement
WEBSITE USE AGREEMENT
PLEASE READ THIS WEBSITE 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.com and all of its websites (collectively, the “Website”) are owned and operated by ADESA US Auction, LLC (“ADESA”). The material contained on the Website 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 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 Website or any auction being conducted on the Website. You will not take any action that imposes an unreasonably or disproportionately large load on ADESA’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 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 WEBSITE 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 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 AND ITS 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 WEBSITE OR IT’S CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO THE USE OR INABILITY TO USE THE WEBSITE. 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 WEBSITE, ANY MATERIALS AVAILABLE THROUGH THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS AND CONDITIONS, INCLUDING TERMS AND CONDITIONS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS AND/OR LIABILITIES FOR SOME TYPES OF DAMAGES MAY NOTE 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 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 Website could provide links to other Websites that are not maintained by ADESA. ADESA is not responsible for the content of those third party Websites. The inclusion of any link to a Website does not imply endorsement of the Website. Such third party Websites may have separate privacy and data collection practices, independent of us. ADESA has no responsibility or liability for these independent policies, or lack thereof, or any actions or omissions of such third parties.
- Text Message Terms and Conditions
By opting in to receive text messages from ADESA or using an ADESA text message service (“ADESA Texting Service”), you accept and agree to these Text Message Terms and Conditions set forth below. If you do not agree with these Terms and Conditions, you must immediately cease using the ADESA Texting Service and opt out, as instructed below in Section 2.
Additionally, you verify that you are the current subscriber or owner of any telephone number that you provide to ADESA. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your account registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us before the change goes into effect by opting out, in accordance with the instructions in Section 2 below.For purposes of this section, “opt in,” “opting in,” and “opt-in” refers to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from ADESA. “ADESA Texting Service” refers to any arrangement or situation in which ADESA sends (or indicates it may send or receives a request that it sends) one or more text messages via a short code. “ADESA” refers to ADESA, Inc. and its subsidiaries.
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- Subscribers to the ADESA Texting Service have provided express written consent to receive recurring messages from ADESA via our short codes, while understanding that consent is not a condition of service from ADESA. ADESA does not knowingly or purposefully engage in the direct selling of customer phone number or other related short code data for the purposes of direct third party marketing to ADESA customers without customers’ express consent, including for the purpose of direct marketing campaigns banned by carriers, such as Debt Forgiveness, Work and Investment Opportunities, and/or other similar campaigns.
- After opting in, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, confirming your opt-in. Although ADESA Texting Services are complimentary, message and data rates may apply. Unless otherwise noted, ADESA Texting Services may consist of multiple, recurring messages. ADESA reserves the right to alter the frequency at any time.
- For ADESA Texting Services, you can get help by texting “HELP,” and you can opt out at any time by texting “STOP” in response to any text message from ADESA. Your opt-out request may generate either a confirmation text or a texted request to clarify the ADESA Texting Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- ADESA and T-Mobile are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- For all questions about the services provided by this short code, you can send an email to support@adesa.com or call 1-888-526-7326 (toll-free number).
- No mobile information will be shared with third parties for marketing or promotional purposes. This information will not be shared with any third parties. The opt-in is not transferable to another party involved in the process.