User Agreement 

 
Revised 8/6/2013  (Changes in Bold) 

USER AGREEMENT  

THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO ANY USE OF ALSCOAutoAuction.com. IF YOU DO NOT AGREE TO BE CONFINED BY AND CONFORM TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS VENUE OR INITIATE ACCESS TO OUR SERVICES.   

You must read, agree to, and accept all of the terms and conditions of this User Agreement and the Privacy Policy, including the terms and conditions set out below and those incorporated by reference, before you may become a user of this venue and/or the services found at ALSCOAutoAuction.com. Any dispute shall be governed by the version of this User Agreement that was posted and in effect on the date the action giving rise to the dispute was taken.   

Users must understand that this site lists both titled and untitled items. State law in each state requires all automobiles, and most other motor vehicles, to be titled in the state in which the item is located. This means that there must be an official recordation of the ownership interests in the item. Untitled items are items that do not require an official recordation of its ownership interests under State law in the state where the item is located.   

In order to bid on titled items listed on this site, you must be a licensed dealer in your state and complete the appropriate application documents on this site. In order to bid on all untitled items, you must complete the appropriate application documents on this site.   

All approved, licensed dealers may bid on untitled items without any further application process.   

We may amend this User Agreement from time to time by posting the amended terms on the Site. All amended terms automatically become effective immediately upon posting at ALSCOAutoAuction.com.   

1.         ALSCOAutoAuction.com IS AN ON-LINE AUCTION.  

1.1       ALSCOAutoAuction.com is not an Auctioneer or an Associate Auctioneer. Although we refer to our venue and service as an online auction, we are NOT a traditional "auctioneer" or “associate auctioneer.” Though not required by law, all on-line auctions at ALSCOAutoAuction.com are overseen by an auctioneer licensed in the State of Texas  

ALSCOAutoAuction.com provides services and a venue that allows banks, finance companies, leasing companies and other credit grantors to offer and sell almost anything in which these institutions hold a secured interest. This venue was founded on the abstract concept commonly referred to as an "online auction." As an online auction, we provide a venue where sellers and buyers can unite to transact business.  We assist both sellers and buyers throughout the entire transaction.   

We review a condition report and list the item, with pictures, on our website. Our system keeps track of the buyers bidding for listed items and of bid amounts. At the conclusion of an auction, assuming a buyer meets all terms and conditions of ALSCOAutoAuction.com and of the seller, the seller forwards all appropriate title instruments, within three business days to us, and the buyer forwards certified funds in the amount of the winning bid within three business days, plus the associated buyer’s fee. We, in turn, forward the sales proceeds to the seller and the title documents to the buyer after the item is inspected and accepted by the Buyer.   

We do our best to try to ensure that the actions described above are completed in their entirety. We, however, have no control over the quality, safety or legality of the items advertised on ALSCOAutoAuction.com, the completeness or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We do not insure that a buyer or seller will complete a sale or purchase.   

Each bidder has the right to inspect the item prior to bidding and throughout the bidding process.  The buyer has the right and responsibility to inspect the item prior to taking possession of the item.  The buyer’s inspection and acceptance or rejection of the item must take place within five business days of the date the item is authorized for release to the buyer.  The buyer and/or its representative has the right and responsibility to reject the item only if the item is materially misrepresented in the description on the listing page. Once the buyer or its representative accepts or takes possession of the item (or fails to inspect within the inspection period), the buyer no longer has a right to reject the item and ownership transfers.  

Because none of our actions, or anything in this User Agreement, can modify the governing provisions of the Texas Business & Commerce Code or the regulations of the Texas Department of Motor Vehicles, we cannot transfer legal ownership of items from the seller to the buyer. Consequently, the buyer is responsible for obtaining delivery and possession of each item purchased, and for registering the items with the necessary governmental entities.  

1.2       On-line Auction Release. In the event that you have a dispute with one or more users, you release and agree to indemnify and hold harmless ALSCOAutoAuction.com. and our officers, directors, agents, parent, subsidiaries, joint ventures and employees, from all claims, causes of actions, demands, judgments, and damages, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.   


1.3       Data Control. We do not maintain and control the data provided by other users that is made available through our services or on this venue. You may find other user's data to be harmful, inaccurate, and/or deceptive. We ask that all persons use caution and common sense when accessing this venue and/or using our services. Please note that there are also other risks associated with accessing this venue and/or using our services. By accessing ALSCOAutoAuction.com, you agree to accept such risks and hold harmless ALSCOAutoAuction.com for the acts or omissions of persons or entities that access this venue and/or use our services.   

2.         Eligibility.

2.1       Our venue and services are accessible to and may be used by, only individuals or entities that can make legally binding contracts under applicable law. Without limitation to the previous term, our services are not available to persons or entities that are not state-licensed vehicle dealers except with regard to untitled listed items and in certain limited circumstances. If you do not meet the above criteria, do not access this venue or attempt to use our services. We reserve the right to refuse access to this venue to anyone at our discretion.    

Your ALSCOAutoAuction.com registration and User i.d. may not be transferred, sold, or otherwise conveyed to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.  

3.         Fees and Services.

3.1       When you register to bid on items listed on ALSCOAutoAuction.com, you have an opportunity to review and accept the fees that you will be charged. We reserve the right to change our fees. Any changes to the policy are effective immediately as to transactions from that point on. In our sole discretion, we may change any or all of this venue or services offered, at any time. In the event that a new service is offered, the fees for the new service are effective immediately as to transactions from that point on.  

All fees are quoted, and all transactions are conducted, in U.S. Dollars. You, as the user, are responsible for paying all fees associated with using our venue and/or our services and all applicable sales and use taxes.  

4.         Your Data.

4.1       Definition. "Your data" is defined as any information that you provide to us or to other users in the registration, bidding or listing process, the entire transaction, in any public message area or through any email feature or use. You are solely responsible for “Your Data” and we act as a passive venue for your online distribution and publication of “Your data.”   


4.2       Restricted Activities. “Your data” (or any items listed) and your activities on the Site shall not:

(a)       be false, inaccurate or misleading;

(b)       be fraudulent or involve the sale of stolen items;

(c)        infringe on any third party's proprietary rights or rights of publicity or privacy;

(d)       violate any law, statute, ordinance or regulation, including without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;

(e)       be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(f)         contain any viruses, Trojan horses, worms, time bombs, or other clandestine computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(g)       create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or

(h)               link directly or indirectly to or include descriptions of goods or services that:

(1)               are prohibited under this Agreement;

(2)               are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;

(3)               are concurrently listed for sale anywhere other than ALSCOAutoAuction.com.

4.3       License. Solely to enable ALSCOAutoAuction.com to use “your data” in accordance with our Privacy Policy, you agree to grant us an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights that you have or may have in “your data”, in any media now known or not currently known, with respect to “your data”.   

5.         Privacy.

5.1       We will not sell or rent your personal data to third parties for their marketing purposes without your explicit written consent. We only use your data as described in the Privacy Policy. We believe protecting our user’s data is critical to the success of ALSCOAutoAuction.com. We process and store your data on computers located in the United States that are protected by various security devices. Our Privacy Policy is available at http://www.alscoautoauction.com/privacypolicy.aspx. If you object to your Data being used in this way please do not use our services. 

6.         Listing.

6.1             Listing Description. You must be legally able to sell the item(s) you list for sale on ALSCOAutoAuction.com. Seller must have "negotiable title" to all items listed.  This means titled items must be free and clear of liens held by others, and must be in a form in which a Buyer can obtain title in Buyer's own name without being subject to claims by any other person or entity.   Listings may only include text descriptions, graphics, pictures and other content relevant to the terms and conditions of your willingness to sell the item.  

6.2             Length of listing. Items listed on ALSCOAutoAuction.com are open for bids (“active auction”) for a minimum of (3) to a maximum of (14)  days.  Some exceptions may apply.  In the event the item does not reach the reserve price and is not sold, the item may be “re-run” in increments as agreed on by Seller and Auction personnel  

6.3       Re-run policy. In the event that seller’s reserve price is not met and seller chooses not to accept the highest bid, seller may re-run the item previously listed as set out in section 6.2 above . There will be no “re-run” or “no-sale” fee assessed to the seller.  Each time an item is re-run under this policy the seller must lower the reserve.  

6.4       Binding Bids. If seller receives at least one bid at or above the reserve price, seller is obligated to complete the transaction with the highest bidder upon the completion of the bidding process.  Once a bid at or above reserve price is received, the auction becomes absolute.

6.5       Deceptive Manipulation. Neither bidders nor sellers may deceptively or otherwise, manipulate the price or description of any item, nor interfere with other user's listings or transactions.   

6.6       Fraud. Without limiting any other remedies, ALSCOAutoAuction.com may suspend or terminate your registration and/or access to this venue if we suspect that you have engaged in fraudulent activity or have violated this User Agreement in connection with the Site.    


7.    POLICY FOR SELLING MANUFACTURED HOUSING

**NOTE: A “manufactured home” under Texas law has a very specific definition that includes what was formerly known as a “mobile home” but does NOT include “recreational vehicles”, “travel trailers” or “campers”.

Any Lender wanting to sell a repossessed “manufactured home” on ALSCOAutoAuction.com is required to send a notice to the Texas Department of Housing and Community Affairs at least thirty (30) calendar days before the auction starts telling that the “manufactured home” will be listed for sale to dealers on ALSCOAutoAuction.com; when the auction will begin; the web address for the auction; and the physical location of the “manufactured home” during the auction.

The Seller must keep a copy of all notices, circulars, or advertisements of any kind relating to the auction of the “manufactured home”.

After the “manufactured home” sells, the Auction must send a notice to the Texas Department of Housing and Community Affairs that includes: the name of the manufacturer; model; serial and HUD numbers; and the name, address and license number of the Buyer.

Repossessed “Manufactured Housing” may only be sold to dealers licensed to sell “manufactured housing”.

**This policy is based on the requirements of the Texas Administrative Code, Chapter 80, Rule 80.135.

8.                  Bidding.

8.1       Unless the transaction is prohibited by law or this User Agreement, the highest bidder at or above the reserve amount upon expiration of the active auction is obligated on the sale. The high bidder is obligated on the sale if the bid is accepted by the seller, regardless of whether or not the reserve has been met. This obligation is subject to the buyer’s right of inspection prior to taking possession of the item, as long as that right is exercised within five business days from the date the item is authorized for release to the buyer.   

By bidding on an item the bidder agrees to the seller’s terms and conditions of the sale and the description listed on ALSCO Auto Auction.com, so long as those terms and conditions do not violate this User Agreement.  

Each active auction has a PRIMARY sale ending DATE and TIME. The opportunity to bid on a particular item will terminate on the PRIMARY sale ending date and time unless there is bidding activity within the fifteen (15) minutes preceding the PRIMARY sale ending DATE and TIME. If there is bidding activity within the fifteen (15) minutes preceding the PRIMARY sale ending DATE and TIME, the sale will be EXTENDED for a period of fifteen (15) minutes. If there is bidding activity during the first extended period, the sale will be EXTENDED for another period of fifteen (15) minutes; and so on.   

EXAMPLE: If a sale has a PRIMARY sale ending date and time of 1/15/09, at 4:00 p.m., and a high bid is submitted and received on 1/15/09, at 3:59 p.m., the sale ending time WILL AUTOMATICALLY RESET FOR AN ADDITIONAL FIFTEEN (15) MINUTES beginning at 4:00 p.m., allowing previous bidders the opportunity make another bid. If any bids are submitted at any time during the 4:00:01 p.m. - 4:15 p.m. extended bidding period, the sale will be extended for an additional fifteen (15) minutes, to 4:15:01 p.m. – 4:30 p.m. THIS PROCESS WILL CONTINUE UNTIL NO FURTHER BID IS RECEIVED WITHIN ANY EXTENDED PERIOD.   

Upon the conclusion of the auction, the highest bidder is notified automatically via email of its status as the high bidder. Bids are NOT retractable except in unusual situations, including (without limitation and at our discretion) when the seller listing the item materially changes the item's description after a bid; a clear typographical error is relied on; or no authentication can be made as to the identity of the seller listing the item.   

9.                  Access and Interference.

A large portion of the data on ALSCOAutoAuction.com is updated on a real time basis and is proprietary and/or is licensed to ALSCOAutoAuction.com by our users or third parties.   Users must agree that they will not use any automated means to access ALSCOAutoAuction.com for any purpose without our express permission.   

Additionally, users must agree that they will not: (a) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for “your data”) from the Site without the prior expressed permission of ALSCOAutoAuction.com and any appropriate third party; (b) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure, as determined by us; (c) bypass measures we may use to prevent or restrict access to the Site; or (d) otherwise interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.   

10.         Breach.

                        10.1       Without restricting the availability to us of other remedies, we may limit users’ activity, immediately remove user bids or listings, warn other registrants of unauthorized actions, issue a warning, temporarily suspend, indefinitely suspend or terminate users’ rights and refuse to provide our services if:

(a)               we believe that unauthorized actions may cause financial loss or legal liability for other users or us;

(b)               we are unable to verify or authenticate any data that is provided to us; or

(c)               user violates this User Agreement or the documents it incorporates by reference.   

11.       No Warranty.

11.1    WE, OUR PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE THIS VENUE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.   

All items are being offered for sale and shall be sold “as is” “where is” “with all faults, defects, ERRORS, and Omissions.” Neither ALSCOAutoAuction.com, American Lenders Service Company, nor the legal owner/lien holder of any item make any guarantees or warranties, either express or implied, as to the mechanical integrity, condition, merchantability, or fitness for any particular purpose of the item or items being sold or offered for sale, except Sellers are bound by a Buyer’s right and obligation to inspect and accept the item within five business days of the time the item is authorized for release to the buyer.   

ALSCOAutoAuction.com, American Lenders Service Company, and the legal owner/lien holder OF EACH ITEM expressly disclaim any and all warranties or guarantees as pertaining to the items being sold or offered for sale.   

OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.   

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

 12.       Liability Limit.

12.1    IN NO EVENT ARE WE, OUR PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS, LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, OUR SERVICES, THE PRODUCTS LISTED ON THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).  

OUR LIABILITY AND THE LIABILITY OF OUR PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO USER(S) OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US DURING THE FACILITATION OF THE TRANSACTION GIVING RISE TO LIABILITY, AND (B) $50.   

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.   

13.       Obligation to inspect.

13.1    Each bidder has the right to inspect any item listed on ALSCOAutoAuction.com prior to placing a bid on the item and/or throughout the bidding process. Any research about the history of the vehicle should be done prior to bidding. The Buyer and/or the Buyer’s agents or representatives have the right, obligation and responsibility to inspect each item within five business days of the date the item is authorized for release to the buyer, and prior to taking possession of such item. If the item is substantially different from its description in the listing, it is the buyer’s right and responsibility to notify the auction of the discrepancy in the description of the item and reject (not to take possession of) such item. Historical research (such as Car-fax reports)may not be the basis for rejection of an item since no warranty is included in the sale. In the event that the buyer (or buyer’s agent or representative) do(es) not exercise the obligation to inspect and reject the item within five business days of the date the item is authorized for release to the buyer, or if the buyer or buyer’s representative take(s) possession of the item at any time, ownership transfers and the item becomes buyer’s property in accordance with Tex. Bus. & Com. Code § 2-401 and Uniform Com. Code § 2-401.

As stated throughout this document, all items are sold “as is” “where is” “with all faults, defects, ERRORS AND OMISSIONS

 14.             Indemnity.

            14.1    You agree to indemnify and hold harmless, ALSCOAutoAuction.com and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, from any claim or demand, including reasonable attorneys' fees, made by any party due to or arising out of : (a) any misrepresentation or negligence, by this Site, its representatives, subsidiaries, affiliates, and/or third parties regarding the presentation and/or the description of the item(s) listed on ALSCOAutoAuction.com based upon “your data”; (b) your breach of this User Agreement or the documents it incorporates by reference; or (c) your violation of any law or the rights of a third party.   

15.       Legal Compliance.

15.1    User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of ALSCOAutoAuction.com and the bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.   

16.       No Agency.

16.1    User and ALSCOAutoAuction.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement, the documents incorporated by reference, or the use of this venue or our services.

 17.             Notices.

17.1         Except as explicitly stated otherwise, any notices given to us shall be by certified mail, postage prepaid and return receipt requested to ALSCOAutoAuction.com Attn: Legal Department . P.O. Drawer 7238, Odessa, Texas 79761. Notice to user(s) shall be sent via email to the address provided to ALSCOAutoAuction.com during the registration process. Alternatively, notice may be sent via certified mail, postage prepaid and return receipt requested to the address provided to ALSCOAutoAuction.com during the registration process.   

Notices to you are deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or 3 days after the date of mailing.   

18.             Resolution of Disputes.

18.1    In the event a dispute arises between user and ALSCOAutoAuction.com, the goal is to provide a neutral and cost effective means of resolving the dispute quickly. Accordingly, all parties agree that any claim or controversy at law or equity that arises out of this User Agreement, this venue or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.

18.2    Alternative Dispute Resolution. ALSCOAutoAuction.com will consider the use of alternative forms of dispute resolution, such as mediation, to be held in Ector County, Texas.  

18.3    Court.  Any Claim may be adjudicated by a state court of competent jurisdiction located in Odessa, Ector County, Texas. All parties agree to submit to the personal jurisdiction of the state courts located within the county of Ector County, Texas and the federal court located in Midland County, Texas  

19.       Additional Terms.

19.1    The Privacy Policy, Seller Information Page and Buyer Information Page are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on this Site. Policies may be changed from time to time and are effective immediately upon posting on the Site as to transactions from that point on.  In addition, when using particular services on the Site, user agrees that user is subject to any posted policies or rules applicable to services accessed or used through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.   

20.             General.

20.1    This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents.  

20.2    We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control.  

20.3    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  

20.4    User agrees that this Agreement and all incorporated agreements may be assigned by ALSCOAutoAuction.com in accordance with Section 16 "Notices", in our sole discretion.  

21.       ENTIRE AGREEMENT.

21.1    This User Agreement constitutes the entire agreement between the parties concerning the matters addressed herein and the provisions hereof shall be binding upon and inure to the benefit of the parties, their respective officers, directors, shareholders members, executors, administrators, successors, and assigns. This User Agreement may not be modified or amended except in writing.   

Our failure to act with respect to a breach by any user does not waive our right to act with respect to subsequent or similar breaches.   

Sections 1.2 (Release), 3 (Fees and Services), 4.3 (License), 8 (Access and Interference), 11 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this User Agreement.

 22.       Disclosures.

                        22.1    The venue and our services are offered by ALSCOAutoAuction.com, located at 312 East 2nd Street, Odessa, Texas 79761. Disputes between any user and ALSCOAutoAuction.com may be reported at legal@americanlenders.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediator.   

23.       Auctioneer.

23.1         The auctioneer overseeing the sale, Roger D. Smith, Jr., Auctioneer License # 16642, is licensed by the Texas Department of Licensing and Regulation and is covered by a Recovery Fund administered by the Department. To file a complaint, you may download the Complaint Form from the State of Texas website at www.license.state.tx.us/auction/auctionforms.htm or contact the Texas Department of Licensing and Regulations, 920 Colorado, Austin, Texas 78701.  Mailing Address:  Texas Department of Licensing and Regulations Telephone: (512) 462-6599, P O Box 12157 Toll-Free: (in TX) (800) 803-9202 Austin, TX 78711 Fax: (512) 475-2871.