STANDARD TERMS AND CONDITIONS FOR SITE REGISTRATION AND USAGE
The following Site Usage Terms and Conditions ("Site Usage Terms") govern the use of the website http://truckauctions.leaseplan.com (this "Site"), which is the property of LeasePlan U.S.A., Inc., a Georgia corporation ("LeasePlan").
Code of Ethics:
Lease Plan USA is committed to working with its business partners to maintain a mutually beneficial relationship. Our desire is to exceed our customer's expectations by a commitment to proactive engagement, integration, vitality, flexibility and expertise. We wish to convey our commitment to remarketing assets while holding to the highest ethical standards. No bidder may ever allocate any benefits of any kind to one of our employees. If it is determined that the third party has acted in a way to breach this agreement, it will be cause for immediate termination of the relationship.
Registration
Registration is required to use this Site. LeasePlan reserves the right, in its sole discretion, to disapprove of any request to become a registered user and to suspend or terminate your authorization to use this Site at any time and for any reason. By registering with this Site, you agree to comply with these Site Usage Terms and, when buying equipment through this Site, to comply with the Buyer Terms and Conditions. You are solely responsible for protecting the confidentiality of your user ID and password and are responsible for all use of your Site account. You agree to notify LeasePlan immediately of any unauthorized use of any user ID and/or password or any other breach of security regarding this Site.
Use of This Site
You agree to comply with all applicable laws and regulations regarding your use of this Site. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of this Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access this Site in a manner that sends more request messages to LeasePlan's servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running this Site; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through this Site; (vi) collecting or harvesting any personally identifiable information, including account names, from this Site; (vii) using this Site for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Services.
The information provided on or via this Site should not be used as a substitute for any form of advice. Decisions based on this information are for your own account and are made at your own risk. Although LeasePlan attempts to provide accurate, complete and up-to-date information, which has been obtained from sources that are considered reliable, LeasePlan makes no warranties or representations, express or implied, as to whether information provided on or via this Site is accurate, complete or up-to-date. LeasePlan controls and maintains this Site from the State of Georgia and makes no representation that the information provided on or via this Site is appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws.
Site Changes
LeasePlan may, at any time, delete, modify or supplement the content of this Site, including without limitation these Site Usage Terms, without prior notice. LeasePlan reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of this Site, including but not limited to content, features or hours of availability. LeasePlan may also impose limits on certain features of this Site or restrict your access to all or part of this Site without notice or penalty. It is recommended that you review the information provided on or via this Site, including the terms of these Site Usage Terms, periodically for changes.
Intellectual Property
LeasePlan, or the relevant owner, retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this Site (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained on this Site in any form without the prior written consent of LeasePlan or the owner, as applicable. However, you may print and/or download information contained on this Site for your own personal use only.
Monitoring
You agree that LeasePlan has the right, but not the obligation, to monitor at any time, for any reason in, its sole discretion, all material and content on this Site and usage of this Site.
Service Availability
LeasePlan makes reasonable commercial efforts to make its services and Site available. LeasePlan does not represent or warrant that its services or this Site function without error or interruption. LeasePlan is not responsible for any service interruptions, including but not limited to interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an auction or sale.
Online Communication
Messages that you send to LeasePlan by e-mail may not be secure. LeasePlan recommends that you do not send any confidential information to LeasePlan by e-mail. If you choose to send any messages to LeasePlan via e-mail, you accept the risk that they may be intercepted, misused and modified by a third party.
Disclaimer of Warranties
LeasePlan does not make, and hereby disclaims, any and all express and/or implied warranties, including, but not limited to, any warranties arising from a course of dealing, usage, or trade practice. LeasePlan does not warrant that its services or this Site will be error-free.
Limitation of Liability
Neither LeasePlan nor any of its officers, directors, managers, employees, agents or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits (even if LeasePlan is advised of the possibility thereof) arising in any way from, including but not limited to, (i) any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of this Site, (ii) the information provided on or via this Site, (iii) the interception, modification or misuse of information transmitted to LeasePlan or transmitted to you, (iv) the functioning or non-availability of this Site, (v) the misuse of this Site, (vi) the loss of data, (vii) downloading or use of any software made available by this Site, or (viii) claims of third parties in connection with the use of this Site.
Applicable Law
This Site and these Site Usage Terms shall be governed by and construed in accordance with the laws of the laws of the State of Georgia, without regard to that state’s principles of conflicts of laws. All disputes arising out of or in connection with these Site Usage Terms shall be submitted to the exclusive jurisdiction of the courts of the State of Georgia.
Remedies
Without limiting any other remedies, LeasePlan shall have the right to terminate your access to this Site or any Site features to which you may have registered at any time, without notice, in LeasePlan's sole discretion if we determine that you have breached any of these Site Usage Terms.
Amendments
LeasePlan may, in its sole discretion, change, modify, add or remove any portion of these Site Usage Terms, in whole or in part, from time to time with or without notice to you, by posting such changes on this Site, and once posted such changes shall be in full force and effect. Your continued use of this Site after changes are posted will constitute your agreement to such changed Site Usage Terms.
These Site Usage Terms were last revised on August 20, 2012.