Ownership of Content, Copyrights and Trademarks

All content on this Service, including, but not limited to, all photos, images, videos, text, data and data compilations, graphics, works of authorship, software, design, logos and button icons (collectively, “Service Content”); any improvements or modifications to such Service Content; any derivative works based on any of the foregoing; and the collection, arrangement and assembly of all such Service Content, are the property of IAA, its affiliates, business partners and/or licensors and are protected by United States and international copyright and other intellectual property laws.
The mark “IAA,” the IAA logo and other marks that may be displayed on the Service are the proprietary service marks or trademarks of IAA or other third parties. IAA’s marks may not be used in connection with any product or service that is not IAA’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit IAA. All trademarks and service marks not owned by IAA that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IAA.
Except as expressly provided herein, nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret, trade name, company name or other proprietary right of IAA or any other individual or entity.

Registration

To obtain access to certain services and features, you will be given an opportunity to register with the Service (your “Account”). As part of the registration process, you will be provided with a Login ID, password and, if applicable, Buyer Number. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to access the Service under the name of, another person or entity. If IAA has reasonable grounds to suspect that information you provide as part of your registration is untrue, inaccurate, not current or incomplete, IAA has the right to suspend or terminate your Account and refuse any and all current or future use of the Service or other products and features (or any portion thereof). You are responsible for maintaining the confidentiality of your Login ID, password and Buyer Number, and for all activities that occur under your Account, and you agree to hold IAA harmless for any costs incurred in connection therewith. If you discover or suspect any unauthorized use of your Login ID, password or Buyer Number or any other breach of security of your Account, you agree to immediately notify IAA's Online Customer Support Helpdesk at cservice@iaa.com. IAA is not responsible for any loss or damage arising from your failure to protect or to keep confidential your Login ID, password or Buyer Number.

Permitted Use and Restrictions

The Service includes various types of Service Content, as well as links to third party websites or content. You may download, view, copy and print information, materials and any other aspect of this Service (i) solely for your personal, informational purposes; (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered and (iii) and so long as you do not store any significant portion of, or distribute copies or make derivatives of, Service Content, in any form (including electronic means), without prior written permission from IAA. You agree you will not, in any way, modify, move, add to, delete, manipulate or otherwise tamper with the Service Content, nor will you decompile, reverse engineer, disassemble or unlawfully use the Service or Service Content or portions thereof, nor will you assist any person or entity in any way in these activities.
You agree you will not interfere, in any way, with others’ use of or access to the Service and will not attempt to gain unauthorized access to the computer system of IAA or any other Service user, including any use or attempted use by you of another person's password and account information. In addition, you agree not to provide to IAA any false information, or to otherwise take any other action in connection with your use of the Service which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws, rules and regulations in your use of the Service.
You agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy, mine, extract, screen scrape or use the Service, or any portion thereof (including information regarding vehicles offered at auction or the results of any auction). You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Service.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, download, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Service or Service Content any portion thereof, without the prior written permission of IAA or its licensors.

Unauthorized Use of the Service

You agree not to access or attempt to access any password-protected portions of the Service without an authorized Login ID or password. IAA reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Service including any use or attempted use by you of another person's password and account information. Our decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of IAA.
Further, IAA reserves the right to deny access to the Service, or any content or feature provided via the Service, to anyone who violates this Terms of Use or any other applicable terms and conditions of use of the Service or portions thereof or who, in our judgment, interferes with the ability of others to enjoy this Service, or infringes the rights of others.

Links to Third Party Sites or Services

The Service may include links to the websites, content or services of third parties. IAA is not responsible for the content of any links, or any products, services or other materials relating to any linked site or service, or any link contained in a linked site or service. IAA does not control these third party offerings and is not responsible or liable for the content, products or services available through these offerings. The existence of links from the Service to such offerings should not be construed as an endorsement of any of the content, products or services appearing on such offering or as implying an association between IAA and the operators thereof. By using these third-party websites, content or services you may be agreeing to their terms of use and privacy policies. YOU HEREBY RELEASE IAA and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your use of these third-party websites, content or services or from your purchase or use of any third-party provided product or service.

Privacy

The terms of IAA’s Privacy Policy , are hereby incorporated as part of these Terms of Use. Specific areas or portions of this Service may include additional or different terms relating to the use of personal information collected from such areas or portions

User Content

Certain features or areas of the Service may allow you to upload certain information or content to the Service, including your resume, videos, comments, feedback, and other information, data or materials (collectively, “User Content”). You acknowledge that you are responsible for the User Content you submit through the Service, and that you, and not IAA, will bear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’s applicable privacy policies, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or through the Service, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you warrant that all "moral rights" in uploaded User Content been waived. YOU HEREBY RELEASE IAA from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any User Content.
You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation.
IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or material placed on the Service by third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of IAA. IAA reserves the right in its sole discretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Service.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SERVICE, IS AT YOUR OWN RISK, AND THAT ALL SUCH ACCESS AND ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IAA DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES OR MATERIALS ON OR ACCESSED VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IAA DOES NOT REPRESENT OR WARRANT THAT (I) ANY OF THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT (AND IAA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SERVICE OR SERVICE CONTENT), (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE OR SERVICE CONTENT WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY VEHICLE OR CONTENT OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THIS SERVICE OR SERVICE CONTENT WILL BE CORRECTED. FURTHER, IAA DOES NOT MAKE ANY WARRANTIES REGARDING THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THIS SERVICE, THE INTERNET, COMPUTER HARDWARE OR SOFTWARE, OR ANY INTERNET ACCESS PROVIDER, TO SEND OR RECEIVE ANY ELECTRONIC TRANSMISSION. MOREOVER, WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS, IAA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL IAA OR ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “IAA PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITE, SERVICES OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD THE IAA PARTIES HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, SUITS, CLAIMS, DEMANDS, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DISBURSEMENTS AND COURT COSTS) INCURRED BY ANY OF THE IAA PARTIES ARISING FROM OR IN CONNECTION WITH (I) YOUR USE OF OR RELIANCE ON THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES OR MATERIALS CONTAINED, DISPLAYED OR AVAILABLE THEREIN, (II) YOUR VIOLATION OF THESE TERMS OF USE; (III) ANY ACTIVITIES RELATING TO YOUR ACCOUNT; (IV) ANY USER CONTENT PROVIDED BY YOU TO IAA; AND/OR (V) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY. WE RESERVE THE RIGHT TO ASSUME AT YOUR EXPENSE THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

Modification or Discontinuance of the Service by the Company

At any time, without notice to you, and for any or no reason, IAA may modify or discontinue the Service or any other content or features provided therein. IAA shall in no way be held liable for any consequence which results from IAA’s decision to modify or discontinue providing the Service or any other content or features provided therein.

Denial of Access

IAA may prohibit you from using or accessing the Service or any content or features available thereon or the Service Content for any or no reason, at any time, in its sole discretion, without notice to you.

Governing Law and Submission to Arbitration

The laws of the State of Illinois will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of the Service shall be submitted to and resolved only by binding arbitration instead of litigation. Both parties agree to share equally in the entire cost of conducting the arbitration, including the fees of the Arbitrator. The Federal Arbitration Act and federal arbitration law apply to arbitration under this Agreement. The parties agree that a party will bring all claims in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither party will be entitled to join or consolidate claims in arbitration. The arbitration shall be held only in Cook County, Illinois. Except as expressly provided herein, the arbitration shall be conducted in accordance with applicable rules and procedures established by the American Arbitration Association. One arbitrator shall be appointed in accordance with the Arbitration Rules (the “Arbitrator”). Any result reached by the Arbitrator shall be final and binding on all parties to the arbitration, and no appeal may be taken. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered thereupon by any court having jurisdiction.

Miscellaneous

Unless otherwise stated, materials and content on this Service are presented solely for promoting features, products and services in the United States of America. Information published on this Service may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this Service are legal, available or appropriate in your country or region.
You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. IAA’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless IAA agrees to such waiver in writing.
If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use, and other terms and conditions within the Service, set forth the entire understanding between you and IAA with respect to the use of the Service and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and IAA with respect to such subject matter. For the purposes of clarify, nothing in these Terms of Use shall control, limit or override any Auction Rules or terms and conditions that apply if you are a Registered IAA Buyer.
Any notices or acknowledgements that are specified in these Terms of Use may be made using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

Contact

If you have any questions relating to these Terms of Use, the Service or IAA, please contact: cservice@iaai.com.

Notice and Procedure for Making Claims of Intellectual Property Infringement

IAA respects the intellectual property rights of others. If you believe that any content available via this Service may infringe your copyrights or other intellectual property rights, please provide IAA the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
• A description of the intellectual property right that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Service;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

IAA’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Service can be reached as follows:

Intellectual Property Agent

Insurance Auto Auctions, Inc.
Two Westbrook Corporate Center,
10th Floor,
Westchester, IL 60154.
Phone: 877-937-4243 or 630-686-4097.
Fax: 630-382-5628.
Email: cservice@iaai.com

Please note that this procedure is exclusively for notifying IAA that your intellectual property rights have been infringed. Please be advised that IAA enforces a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

Revised: April 27, 2016