Autotec Terms and Conditions for Using Auction ACCESS®

Introduction, Disclaimer and Agreement
All of the following provisions constitute the required terms and conditions (“Terms and Conditions”) concerning your use of and participation in AutoTec’s AuctionACCESS® System and Website for online account management ("myACCESS℠"). By accessing and using these sites, you agree to be bound by all of the following Terms and Conditions in addition to and subject to the terms and conditions of your current AuctionACCESS® forms (including, but not limited to, the Individual Authorization, the Registration Application, membership policies and/or AutoTec operating procedures) as well as any other agreement between you and AutoTec or any of its affiliations. THESE DOCUMENTS ESTABLISH CERTAIN LEGAL RIGHTS OF AUTOTEC, ITS AGENTS AND AFFILIATES, AND ITS CUSTOMERS, LICENSEES AND/OR VENDORS (“CUSTOMERS”) THAT SUBSCRIBE TO OR USE AUTOTEC’S AUCTIONACCESS® SYSTEM TO OBTAIN, STORE, AND PROVIDE TO CUSTOMERS THE INFORMATION CONTAINED ON THE AUCTIONACCESS® APPLICATION AND OTHER INFORMATION REGARDING AN ENTITY AND/OR YOU, INCLUDING WITHOUT LIMITATION CREDIT INFORMATION, SUCH AS BANK INFORMATION AND CREDIT REPORTS. YOU UNDERSTAND THAT AUTOTEC PROVIDES THIS INFORMATION TO SAID CUSTOMERS WITHOUT VERIFYING THE SAME, ON AN “AS IS” BASIS, EXPRESSLY DISCLAIMING ANY EXPRESS OR IMPLIED WARRANTIES REGARDING SUCH INFORMATION, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You (1) agree to the terms of the AuctionACCESS® application and related participation agreements and any exhibits thereto, (2) warrant that the information provided therein is complete, accurate and truthful, (3) agree to be bound by the policies and procedures of Customers at which you are registered via AuctionACCESS®, (4) understand that Customers are not limited to businesses engaged in the automobile dealer or auction industries, but may also include other businesses providing goods or services to such industries, (5) agree to share my AuctionACCESS® number only with participating AuctionACCESS® auctions and not with any other person and to discontinue use of the number upon termination of membership in AuctionACCESS®.

If you do not agree to these Terms and Conditions, you may not complete the registration process.
General Terms and Conditions
You hereby acknowledge that communications or transactions conducted online are not absolutely secure. You further hereby acknowledge that there may be system failures that may limit your ability to use the online services. You agree to assume all risk and liability arising from your use of AutoTec's online services, including the risk of breach in the security of the communications or transactions you conduct with AutoTec online. AutoTec's online services are provided "as is" without warranty of any kind, whether expressed or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose or otherwise.

Use of the AuctionACCESS® System is limited to authorized individuals only and subject to subscriber agreements and fees which may change from time to time. You are solely responsible for maintaining the confidentiality of your username and password, and agree that AutoTec will have no obligations with regard thereto. You agree not to give your password or username to anyone. Should you allow others access to your membership number and/or password information, you will be responsible for all actions that such persons might take with respect to your membership. If you believe your password or username has been lost or stolen or someone has gained access to your password or username without your permission, you agree to call us immediately at 205-414-2700.
Electronic Records
AutoTec now allows you to electronically sign the AuctionACCESS® Application and other documents and to accept records, electronic delivery of information and conduct various transactions between you and AutoTec by electronic means. Should you choose to use electronic means to (i) evidence your intent to be bound to the terms of the Auction Access system, which includes the AuctionACCESS® Application, these Terms and Conditions, IRS Form W-9, and other records, documentation or applications desired in connection with the AuctionACCESS® System and/or requiring your electronic signature, including without limitation for example a Dealer Authorization/Removal Form (collectively the "Documentation"), and (ii) accept electronic delivery of such records and all other information, and/or (iii) conduct transactions in electronic form, we ask that you read, understand and consent to the following, all of which you acknowledge that you have done by checking the box regarding the Terms and Conditions and by continuing the registration:
1. I understand and agree that by clicking through the electronic AuctionACCESS® Application in the space provided or any other Documentation requiring my signature that (a) I am consenting to your reliance on, and my obligation to be bound by, my electronic signature in the same manner as if I manually signed my name on the Documentation and delivered such to you by hand or mail, as valid legally binding evidence of such intent; (b) I am consenting to execute the Documentation and transaction with you through electronic means and, (c) I am consenting to the delivery of the Documentation in electronic form pursuant to the information provided below.
2. I understand and agree that (a) I have the option to have the Documentation provided or made available to me on paper or in non-electronic form, and (b) I have the right to withdraw my consent to have a record provided or made available in an electronic form. If I withdraw my consent to have a record provided or made available to me in electronic form I agree to give AutoTec notice of such decision (by e-mail, facsimile, or regular mail) and a reasonable amount of time within which to comply with my request. This notice of withdrawal will only apply to the Documentation that is indicated in my communication to you, and only on a going forward basis. If no specific Document is identified, then my notice of withdrawal will apply to all the Documentation. Notice can be provided to info@autotec.com, via facsimile at 205.877.4530, or via regular mail to AutoTec, LLC, 2200 Woodcrest Place, Ste. 120, Birmingham, AL 35209.
3. I understand and agree that my consent to the use of an electronic record is full satisfaction of any requirement that all or any part of the Documentation be provided to me in writing and to have records delivered and available electronically applies to the AuctionACCESS® Application, Terms and Conditions, IRS Form W-9 and without limitation any and all other documentation and communications as may be available electronically. I acknowledge and agree to your reliance on my agreement to accept electronic delivery of required documents as proper evidence of such delivery. Further, I understand that my membership in AuctionACCESS® is subject to automatic renewal annually and that I consent to collection of such membership and renewal membership fees or sums (including NSF or similar charges) owing AutoTec using my credit card on file, unless I provide notice to terminate membership in advance. I specifically authorize AutoTec to use my credit card to satisfy charges owed to it from my participation in AuctionACCESS®. No refunds available on membership fees and other charges paid.
4. I understand and agree that in order to (a) withdraw my consent to receive the Documentation electronically, I must notify AutoTec as stated in section C.2 above, and (b) update the information that AutoTec needs to contact me electronically, which update I hereby agree to do, I must log on to the AuctionACCESS® website, click the “myACCESS℠” tab and update my e-mail address in my profile.
5. I understand and agree that in order to obtain a paper copy of an electronic record I must (i) notify AutoTec by e-mail, facsimile, or regular mail, (ii) provide AutoTec with a reasonable amount of time within which to comply with my request, and pay any reasonable fee that may be charged to me for that service.
6. I understand and agree that for access to and retention of the Documentation, I need Internet access and one of the following browsers through which I can view and store the information contained the Documentation, including the AuctionACCESS® Application. myACCESS℠ is designed to behave properly when using the latest version of nearly all popular browsers. We do not restrict use to a certain set of browsers, but instead test each visitor's browser to determine its settings and capabilities. If the browser is found to be satisfactory it is permitted to display myACCESS℠. If its settings and capabilities are not found to be satisfactory, it is blocked and the user cannot access the site. The following browsers have been tested and are known to work properly with myACCESS℠. Browsers that do not appear on the list may work with myACCESS℠, but AutoTec does not provide customer support for their use: i) Microsoft Internet Explorer 6.0 or higher and ii) Mozilla Firefox 1.5 or higher.
  Any printer that can print pages from the browsers listed above should enable me to print out the desired Documentation in paper form. To receive electronic delivery of and have access to the Documentation I need Internet access and the ability to download PDF files using Adobe acrobat. By checking the box next to these Terms and Conditions during the myACCESS℠ account setup, I demonstrate and commit to you that (i) I can access the record in the electronic form that will be used to provide the information contained in or required by the Documentation that is the subject of this consent, (ii) I can receive delivery of and access other records or transactions electronically delivered either through HTML or PDF, and (iii) I have the ability to print and retain the Documents.
Site Content
AutoTec may at any time and without notice make changes to this site or to the online services or products described in this site. AutoTec may discontinue myACCESS℠ without notice or require re-enrollment if Terms or Conditions are modified.
Disclaimers
THE USER OF THIS AUCTIONACCESS® SYSTEM AND OF WEBSITE SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR AND OF THE USE OF THIS AND RELATED SERVERS (COLLECTIVELY THE “SYSTEM”) AND THE INTERNET GENERALLY. AUTOTEC AND ITS AFFILIATES PROVIDE INFORMATION IN CONNECTION WITH THIS SYSTEM ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SYSTEM OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AUTOTEC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON THE SYSTEM OR OTHER MATERIAL ACCESSIBLE FROM THE SYSTEM. IN NO EVENT SHALL AUTOTEC BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF DATA, OR PROFITS, WHETHER IN AN ACTION BASED USE, ON CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON OR ACCESSED FROM OR VIA THIS SYSTEM OR THE INTERNET GENERALLY.
Modifications
These terms and conditions may be amended at any time by posting the amended terms on this website. These amended terms shall be effective immediately after they are posted on this website.