ChampionAutoAuction.com Agreement

Please read carefully all the terms and conditions of this agreement. No buyer will be permitted to use the ChampionAutoAuction.com site unless it accepts the terms of this agreement. You hereby certify that you are an authorized representative of the buyer referenced in your ChampionAutoAuction.com Registration. Our services are available only to individuals and retail customers who can form legally binding contracts under applicable law. We reserve the right to refuse sales to commercial accounts, brokers and wholesalers, and other non-retail individuals. Without limiting the foregoing, our services are not available to minors and others that can not legally consummate a vehicle purchase transaction in the State of Texas, including financing and insurance terms and conditions where applicable. By clicking the “Log-In”, “Create Account" or "Register" or “Register Now” button you accept the terms and conditions of this agreement.

As a user (Participant) of ChampionAutoAuction.com,  you agree to all of the following terms and conditions:

1.ChampionAutoAuction.com may change the terms of this agreement from time to time. By continuing to use the ChampionAutoAuction.com site you agree to be bound by this agreement, as modified. ChampionAutoAuction.com may change, restrict access to, suspend, or discontinue the  website, or any portion of the website, at any time. ChampionAutoAuction.com reserves the right to deny use of the ChampionAutoAuction.com website to anyone who does not comply with the requirements set forth in this agreement or who otherwise uses the ChampionAutoAuction.com website in a manner ChampionAutoAuction.com considers inappropriate.

2.  How ChampionAutoAuction.com Works

ChampionAutoAuction.com is a virtual, vehicle marketplace, where car dealers and consumers can efficiently buy and sell vehicles. Each listing includes a vehicle identification number and a vehicle description, and a sale price or starting bid (with a unpublished reserve price) or a non-bidding Buy Now price.

3.  Registration and Access

To obtain access to the services and features of the ChampionAutoAuction.com website,  consumers will first need to register with ChampionAutoAuction.com and will need to have Auction Password issued by ChampionAutoAuction.com.  As part of the registration process, each representative will select a user name and a password will be assigned by ChampionAutoAuction.com. If ChampionAutoAuction.com has reasonable grounds to suspect that information a representative provides as part of his registration is untrue, inaccurate, not current or incomplete, ChampionAutoAuction.com has the right to suspend or terminate the representative’s account and refuse any and all current or future use of the ChampionAutoAuction.com website (or any portion thereof). Participant and its representatives are responsible for maintaining the confidentiality of passwords and account numbers, and Participant is responsible for all activities that occur under its account and the accounts of its representatives. If Participant suspects any unauthorized use of its account or any of its representatives’ accounts or any other breach of security, Participant will immediately notify ChampionAutoAuction.com in writing. ChampionAutoAuction.com is not responsible for any loss or damage arising from Participant’s failure, or the failure of Participant’s representatives, to protect or to keep password or account information confidential.

4.  Conducting Transactions

Information about a particular vehicle listed on ChampionAutoAuction.com is supplied by the seller of the vehicle, not by ChampionAutoAuction.com, and ChampionAutoAuction.com does not make any representations or warranties with respect to the accuracy or completeness of such information or the condition of any vehicles. Responsibility for the information contained in vehicle listings lies with each seller.

Although ChampionAutoAuction.com cannot monitor all the listings posted to the ChampionAutoAuction.com website, ChampionAutoAuction.com reserves the right (but assumes no obligation) to delete, or edit any listings, ads or other postings that ChampionAutoAuction.com considers unacceptable or inappropriate, whether for legal or other reasons. By using the ChampionAutoAuction.com website (for itself and on behalf of each of its representatives) agrees not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to use the ChampionAutoAuction.com website. ChampionAutoAuction.com will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to ChampionAutoAuction.com. However, ChampionAutoAuction.com may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce this agreement, or to protect the rights, property or safety of visitors to the ChampionAutoAuction.com website, ChampionAutoAuction.com advertisers, the public or ChampionAutoAuction.com.

4 A. Fees and Services

Registering with ChampionAutoAuction.com and bidding on listed items is free.

5.  Additional Terms and Conditions

Participant agrees that ChampionAutoAuction.com may reject any vehicle listing in ChampionAutoAuction.com discretion. Participant also agrees that positioning of listings is at ChampionAutoAuction.com discretion. 

Participant agrees that ChampionAutoAuction.com owns all rights (including, without limitation, copyright rights) in the ChampionAutoAuction.com website and in any information collected by ChampionAutoAuction.com or its vendors and/or licensees relating to users of the ChampionAutoAuction.com website (including, without limitation, any personally identifiable transaction data and “clickstream” data).

To the extent allowed by applicable law, the Participant will indemnify and hold ChampionAutoAuction.com, its parent and all affiliates and its employees, and its licensees, resellers and their affiliated entities, and their employees, harmless against any and all expenses and losses of any kind (including reasonable attorneys’ fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties, and/or resulting from any mistake or inaccuracy in vehicle listings information made available by Participant (or on Participant’s behalf), and/or arising out of ChampionAutoAuction.com use of vehicle listings information made available by (or on behalf of) Participant.

It is the sole responsibility for the dealer to check and confirm that information posted and transmitted to the ChampionAutoAuction.com site is correct. It is not the responsibility of ChampionAutoAuction.com to check, confirm or post any auction that comes from any third party providers. Dealer and consumer will hold ChampionAutoAuction.com harmless for any damage that occurs from any errors from all third party providers. If a vehicle is sold or become unavailable for sale, for any reason whatsoever, prior to the auction ending, dealer may at it’s own discretion attempt to locate another vehicle in the price range for that participant but can not guarantee they will find such a car.  

Dealer and/or ChampionAutoAuction.com reserves the right to end auctions early for any reason it deems necessary and the consumer / bidder will hold dealer and ChampionAutoAuction.com completely harmless for any damage that occurs. Only the highest auction bid that meets or exceeds the Dealer’s unpublished “reserve price” are eligible to purchase the vehicle so long as the bidder contacts the Dealer in person or in writing and makes full and satisfactory payment arrangements with the Dealer, including Dealer approved financing, no later than 24 hours of the auction end date and time. The winning auction bids do not include Tax, Title, License, Dealer Fees and any purchaser or Dealer installed options which will be added to the vehicle’s actual sale price at time of sale. All sales and auctions are subject to the prior sale and availability of the vehicle at time of actual purchase.

Failure to contact the dealer in person or in writing AND complete the full purchase transaction with 24 hours, excluding Sunday, will make the offer or bid null and void.

Participant may use ChampionAutoAuction.com maximum (proxy) bidding feature to automatically bid on vehicles listed on ChampionAutoAuction.com. ChampionAutoAuction.com proxy bidding feature enables Participant to submit a maximum bid amount for a specific vehicle and authorizes ChampionAutoAuction.com to bid on the vehicle on Participant’s behalf.

Participant represents and warrants that it has all rights necessary to purchase the vehicles for which it submits bids within the ChampionAutoAuction.com marketplace, and that these purchases, as contemplated by this Marketplace Participation Agreement will not violate any applicable law, rule or regulation.  Participant will indemnify and hold ChampionAutoAuction.com and its employees, and its licensees and their affiliated entities, and their employees, harmless against any and all expenses and losses of any kind (including reasonable attorneys’ fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties.

 7.  Links to Other Sites

ChampionAutoAuction.com may make available a variety of links to other websites where Participant can obtain vehicle related products and services, including facilitation services. ChampionAutoAuction.com cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. ChampionAutoAuction.com is not responsible for the products or services these vendors provide. Participant releases ChampionAutoAuction.com and its affiliates from any damages that Participant may incur, and agrees not to assert any claims against them, arising from Participant’s purchase or use of third party supplied products and services.

 8. Ownership and Permissions

The materials on the ChampionAutoAuction.com website are the property of ChampionAutoAuction.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, neither Participant nor its representatives may distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the ChampionAutoAuction.com website. Neither Participant nor its representatives may use automated means, such as robots, screen scrapers, or spiders, to collect and/or index any information contained on the ChampionAutoAuction.com website. Participant may display and occasionally print a single copy of any page on the site for its own use, but neither Participant nor its representatives may otherwise reproduce any material appearing on the ChampionAutoAuction.com website without ChampionAutoAuction.com prior written consent. Neither Participant nor its representatives may store any significant portion of, nor distribute copies of, materials found on the ChampionAutoAuction.com website, in any form (including electronic form), without prior written permission from ChampionAutoAuction.com. 

Participant may establish a hypertext link to the ChampionAutoAuction.com website so long as the link does not state or imply any endorsement or sponsorship of Participant by ChampionAutoAuction.com or any of its affiliates. However, without the prior written permission of ChampionAutoAuction.com, neither Participant nor its representatives may frame any of the content of the ChampionAutoAuction.com website or incorporate into another website or other service any intellectual property of ChampionAutoAuction.com or its licensors. Requests for permission to frame ChampionAutoAuction.com content may be sent ChampionAutoAuction.com by registered U.S postal service mail, return receipt requested..

ChampionAutoAuction.com logo are trademarks of ChampionAutoAuction.com and it’s parent company AutoNation, Inc..  The names of other products and services referred to on the ChampionAutoAuction.com website may be the trademarks of their respective owners. Neither Participant nor its representatives may not use any trademark or service mark appearing on the ChampionAutoAuction.com website without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2008 ChampionAutoAuction.com. and/or its licensors. All rights reserved.

By using the ChampionAutoAuction.com website Participant agrees (for itself and on behalf of its representatives) not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to use the ChampionAutoAuction.com website. ChampionAutoAuction.com will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to ChampionAutoAuction.com. However, ChampionAutoAuction.com may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce this agreement, or to protect the rights, property or safety of visitors to the ChampionAutoAuction.com website, ChampionAutoAuction.com advertisers, the public or ChampionAutoAuction.com.

Participant grants its express consent to receive advertising offers and other information via direct mail, telephone, email, and facsimile transmissions from ChampionAutoAuction.com. Participant agrees that such offers and information may be directed to the postal and email addresses, telephone number(s) and facsimile number(s) provided or used by Participant. Participant may terminate its consent only by providing a written notice, executed by an authorized representative of Participant, to ChampionAutoAuction.com. The written notice must expressly state that Participant is revoking its consent to receive advertising offers and other information from ChampionAutoAuction.com. Participant represents and warrants that it owns or leases the facsimile equipment that will be used to receive fax messages at the facsimile number(s) that Participant provides or uses.

9. Disclaimer of Warranties, Limitation of Liability, and Indemnification

If Participant relies on ChampionAutoAuction.com or any information, product or service available through ChampionAutoAuction.com, participant does so at its own risk. participant understands that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted via ChampionAutoAuction.com. the services provided by ChampionAutoAuction.com and the ChampionAutoAuction.com website are provided to participant “as is.” ChampionAutoAuction.com and its parents, affiliates, resellers, agents and licensors, cannot and do not warrant the accuracy, completeness, currentness, non infringement, merchantability or fitness for a particular purpose of the information available through ChampionAutoAuction.com (or any information, goods or services that are referred to, advertised or promoted on, or sold through the ChampionAutoAuction.com website). nor does Under no circumstances will ChampionAutoAuction.com or its parents, affiliates, agents or licensors, Resellers be liable to participant or anyone else for any damages other than direct damages, arising out of participants use of the ChampionAutoAuction.com website or any product or service linked to from or advertised or promoted on the ChampionAutoAuction.com website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if ChampionAutoAuction.com or its parents, affiliates, agents or licensors are advised beforehand of the possibility of such damages. participant agrees that the liability of ChampionAutoAuction.com and its parents, affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to the ChampionAutoAuction.com website and/or ChampionAutoAuction.com services will not exceed the amount participant paid, if any, for the use of the ChampionAutoAuction.com website, or for the provision of such services, out of which such liability allegedly arises. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to participant. participant agrees to indemnify and hold harmless ChampionAutoAuction.com, its parents, affiliates, employees, owners, representatives, and licensees against any and all claims, of whatever nature, that arise out of any listing participant places through the ChampionAutoAuction.com website and any and all claims with respect to participant’s consent to receive advertising offers and other information via direct mail, telephone, email, and facsimile transmissions from ChampionAutoAuction.com.

 10. Miscellaneous & Venue

Neither Participant nor its representatives may use the services provided by ChampionAutoAuction.com to send unsolicited bulk and/or commercial messages (“spamming”). Participant may not use information concerning other users of the ChampionAutoAuction.com website, or the vehicles they have listed or searched for on the ChampionAutoAuction.com website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.

This agreement has been made in, and will be construed in accordance with the laws of, the State of Florida. By using the ChampionAutoAuction.com website, Participant consents to the exclusive jurisdiction and venue of the state and federal courts in BrowardCounty Florida in all disputes arising out of or relating to this agreement or use of the ChampionAutoAuction.com website.

Important notice to bidders:  

Winning an auction is subject to sellingdealer's verification that the auction reserve price has been met AND that the reserve price is accurate and proper.

Since auction listings and notifications are done automatically via software technology, the possibility exists where the listing, pricing or other auction details are in error.

In the unlikely but possible event that this situation occurred with this auction listing, this auction would be considered invalid and not able to be honored.

No auction is considered accepted or final until all listing details are verified and confirmed as accurate and acceptable by the selling dealer.