Welcome to ExportTrader.com, a service owned and operated by WES Export Trader Corporation, a member of the Manheim group of companies (hereinafter "Export Trader"). We provide our services to you subject to the following Terms of this Terms of Use ("TOU") along with our privacy policy located at http://ExportTrader.com/section/policy/.

1. ACCEPTANCE OF TERMS OF USE

By using Export Trader, you agree to be bound by all terms and conditions contained in the TOU. If you do not agree with the terms and conditions of the TOU at any time, you will discontinue your use of Export Trader.

Export Trader reserves the right to update or revise the TOU at its discretion and without notice. You are responsible for checking the TOU periodically for changes. You can review the most current version of the TOU at any time at: http://ExportTrader.com/section/terms/. If you continue to use Export Trader following the posting of any changes to the TOU, you agree to be bound by these changes.

In addition, when using particular Export Trader services, you and Export Trader shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.

The material that appears on Export Trader is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing vehicles and/or related services that you have read about on Export Trader, you should confirm any information (including the price) that is important to your purchasing decision. Export Trader is not responsible nor makes any warranty, express or implied, or endorsement regarding any vehicles being posted for sale on Export Trader or as to any of the related services that are being offered through this site. We are also not responsible for controlling the vehicles posted for sale or services being offered through this website, or any losses that you may incur while using our site.

Export Trader reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of Export Trader deem inappropriate.

Although Export Trader cannot monitor every listing posted on our website, it reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on our website. You understand and agree that the Services are provided "AS-IS" and "WHERE-IS", and that Export Trader assumes no responsibility for the condition, timeliness or non-delivery of a vehicle(s) and/or related services.

2. DESCRIPTION OF SERVICE

Export Trader is an online automotive listing and auction site that brings together automobile dealers, manufacturers, banks, insurers, leasing companies, exporters and shippers along with various other automotive service and automotive industry professionals. All vehicles purchased through our website are for export out of North America purposes only. As a registered member of Export Trader we can assist you with:

• gaining access privileges at major automotive auctions for clean and salvage vehicles;
• arranging for the ground transportation of your vehicle;
• all the documentation involved in your purchase;
• securing all titles to your purchased vehicle(s);
• preparing all port documentations, clearance, procedures including freight-forwarding your vehicle and custom clearance;
• facilitating shipping insurance;
• export credit financing for your vehicle.

You understand that Export Trader does not control the price and any other terms of any sale offered through its website and that these are strictly within the control of the seller and/or dealer of that vehicle or automotive-related services.

You further understand and agree that Export Trader as a neutral facilitator in this process has no control over the truth, accuracy, quality, legality, or safety of postings made by users, sellers, dealers, brokers and other automotive industry professionals. You understand and agree that Export Trader cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, sellers, dealers, brokers and the like, nor does Export Trader guarantee the condition and/or quality of the vehicles or services that are offered up for sale through this site. Therefore, we recommend that you be careful and exercise common sense and good judgment when making any purchase through this website.

3. CUSTOMERS/BUYERS

By searching the automotive and services listings that have been posted on the Export Trader website, you are designating yourself as a "Customer" and/or "Buyer". Customers are entities that are potentially interested in purchasing one of the automobiles or services that have been posted on the Export Trader website.

The website provides a venue whereby Customers can view automobiles and related automotive services that may be of interest to them, and the information that is available for that Customer to place a bid on a vehicle and/or purchase a related service(s).

4. MEMBERSHIP & REGISTRATION OBLIGATIONS

To obtain access to many of the features of our website, you will be given the opportunity to register with Export Trader. Export Trader requires Dealers to register if they wish to use any of the features of the website. Only Dealer can place bids on any vehicle that is posted for auction on this site. In consideration of your use of the Service you agree to:

• a) provide true, accurate, current and complete information about yourself as prompted by this website's registration form (such information being the "Registration Data"); and
• b) maintain and promptly update the Registration Data to ensure that it is at all times true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Export Trader has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Export Trader has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Registered members have access to such features as upcoming schedules of auctions, detailed information related to auction inventories, and can participate in online-bidding. You additionally understand that there are particular features and/or services provided through Export Trader .com that may have their own auction/purchase policies and/or terms of services; by using these features/services you agree to be bound by their respective terms.

Membership at Export Trader is only open to individuals 18 years of age and older. Nevertheless, Export Trader reserves the right to deny membership privileges to any individual, in its sole and absolute discretion. Registered buyers, normally know as dealers, must complete the registration form, and pay a one-time non-refundable fee of either $150.00 for access limited to Manheim vehicle inventory or $300.00 for complete access to all vehicles posted on Export Trader . Membership must be renewed annually by paying the appropriate annual membership renewal fee.

Export Trader reserves the right to increase the registration and renewal fees at any time and without notice.

By completing your registration, we will automatically include you to receive all communications about new products and services from Export Trader. From time to time, we will send email updates on new shipping rates, special vehicles available for purchase or new product offerings designed to help your business succeed. If you do not wish to receive these communications, please send an email to privacy@exporttrader.com and we will exclude you from receiving these communications.

When purchasing on ExportTrader.com, the use of our shipping services is mandatory. Please contact our shipping department at info@manheimexport.com to get a shipping quote prior to purchasing a unit. In order to provide a quote, we will need to know:

• the unit you plan on buying
• it’s location
• your desired port of destination

5. DEALER ACCOUNT

You will receive an account designation, along with its associated User ID and Password, upon completing the registration process. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.

You agree to immediately notify Export Trader of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. Export Trader cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. FEES, PAYMENT AND DELIVERIES

You agree to pay all customary Auction fees and charges for services rendered in connection with the purchase and sale of vehicles; including without limitation, buyer fees, sale fees, entry fees, cash handling fees, loading fees, storage fees, and other customary fees and charges. It is the sole responsibility of the Buyer to verify fees charged by Export Trader prior to incurring such charges. All fees and charges are subject to change without notice. Payment for vehicles must be made within 5 calendar days following purchase of vehicle. Vehicles not paid for within the above-specified timeframe will be subject to a Late Fee of 0.15% per vehicle per day; Export Trader in its sole discretion reserved the right to waive any penalties or late fees. Payments made towards placing a bid on a vehicle or for membership fees can be paid by credit card. Payment for vehicles must be made by wire transfer. Export Trader will absolutely not accept any cheques, certified or otherwise.

IMPORTANT NOTICE: Export Trader reserves the right after 10 calendar days to repossess vehicles not fully paid for, charge the client a fee, and make him responsible for any resale loss.

 

7. AUCTION POLICIES

If Dealer bids on a vehicle, that Dealer is obligated to complete the transaction. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. Export Trader is in no way responsible if a Dealer's registration information, including ID and password is either lost, misplaced or stolen. Export Trader is not responsible for any cancelled bids. Export Trader still reserves the right to reject or void bids for any reason, in its sole and absolute discretion. Should a dispute arise regarding a bid, Export Trader is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Dealers agree to indemnify, defend, and hold Export Trader harmless from any and all liability arising out of decisions made in resolving disputes. Export Trader may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from auction. Export Trader will neither have liability nor obligation to Dealers as a result of any vehicle withdrawal, or auction cancellation or postponement.

If a Dealer's bid has been accepted, the Dealer is obligated to purchase the vehicle, and will be notified as such by Export Trader.com within 5 days, that the vehicle and title are available for pick up. Following notification, the Dealer will have the standard number of days allowed to pick up the vehicle before late-payment and storage fees apply.

Export Trader reserves the right not to release any vehicle for any reason.

Export Trader shall not be responsible for damage that is brought to the attention of Export Trader management after the vehicle is retrieved (picked up) at auction. Buyer will have been deemed to accept delivery of the vehicle in its present condition once the auction is completed and the vehicle is available to be picked up by the Buyer.

Export Trader reserves the right to increase a dealers bid by one increment at its discretion.

8. PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at: http://ExportTrader.com/section/policy/.

9. MINORS

Minors under the age of eighteen are not eligible to use the services provided though this website or to register for any accounts. You are fully responsible for your child's online conduct and the consequences of any misuse of the Service by your child.

10. EXPORT TRADER.COM CONTENT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

Under no circumstances will Export Trader be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users are those of the respective author(s) or distributor(s) and not of Export Trader.

You acknowledge and understand that you are solely responsible for the retrieval and use of the Content, transactions, products or services available on or through the Service. You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any vehicles or services or other transactions.

11. THIRD PARTY CONTENT

The Service may provide links to other websites or resources. Because Export Trader has no control over such websites and resources, you acknowledge and agree that Export Trader is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Export Trader shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

12. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in the promotions of, sellers, dealers, brokers and advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Seller or Advertiser. You agree that Export Trader shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Sellers or Advertisers on the Service.

13. MONITORING

You acknowledge that Export Trader does not pre-screen Content, but that Export Trader and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Export Trader and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Export Trader or submitted to Export Trader, including, without limitation, information in the message centre, professional profiles, customer projects, and in all other parts of the Service.

You acknowledge and agree that Export Trader may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Export Trader, its users and the public.

14. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Export Trader may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that messages, profiles or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Export Trader's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Export Trader has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Export Trader reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Export Trader reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

15. MODIFICATIONS TO SERVICE

Export Trader reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Export Trader shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. TERMINATION OF ACCESS

You agree that Export Trader, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Export Trader believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Export Trader may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that Export Trader may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Export Trader shall not be liable to you or any third-party for any termination of your access to the Service.

17. INDEMNITY

You agree to indemnify and hold Export Trader, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

18. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Additionally, you agree not to engage in any type of data scraping, copying including mass copying, or spidering with regards to this site.

19. EXPORT TRADER.COM's PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Services ('Software') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Export Trader or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Export Trader grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Export Trader for use in accessing the Service.

20. TRADE-MARK INFORMATION

Export Trader, the Export Trader logo, and other Export Trader brand names and logos are trade-marks of WES Export Trader Corporation. All other company names, brand names and logos used on Export Trader are the trademarks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from Export Trader or the trade-mark owner.

21. COPYRIGHT INFORMATION

The Content on Export Trader is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.

22. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPORT TRADER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. EXPORT TRADER MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT: (i) THE SERVICE OR RESULTS DERIVED FROM THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS (VEHICLES), SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED.

c. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL, INFORMATION, AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXPORT TRADER.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

23. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXPORT TRADER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXPORT TRADER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT THE LIABILITY OF EXPORT TRADER AND ITS PARENT, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO EXPORT TRADER FOR USE OF THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

24. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

25. NO AGENCY

You and Export Trader are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOU.

26. GENERAL INFORMATION

The TOU constitutes the entire agreement between you and Export Trader and govern your use of the Service, superseding any prior agreements between you and Export Trader . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

You and Export Trader expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Sale of Goods Act (Ontario), as amended, replaced or re-enacted from time to time.

The laws of the province of Ontario and the federal laws of Canada shall apply without regard to the conflict of laws principles. The Service and the Content are not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with Export Trader.

You and Export Trader agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. The failure of Export Trader to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use shall be resolved by binding arbitration held in Toronto, Ontario and before a single arbitrator, who is independent of the parties, legally trained and experienced in the field of information technology, in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17. Please see our Frequently Asked Questions section located at http://ExportTrader.com/section/faq/ if you would like some additional information related to how auctions work on our site.