This website is part of the national vehicle donation program of IAA, Inc. (the “Company” or “we” or “us”). The purpose of the National Vehicle Donation Program described on this website is to increase vehicle donations as a source of funding for charities and non-profits.
The Company is providing this website (the “Site”) to be used by participants in the National Vehicle Donation Program to facilitate the donation of a vehicle to be sold at auction by the Company, its affiliates (including Impact Auto Auctions Ltd.) or its parent, KAR Auction Services, Inc. (the “Program”). A portion of the proceeds generated by such auction will be given to the charity designated by the vehicle donator (each, a “Charity”).
Permitted Use and Restrictions
The Site may include information regarding the Company and the Program, information regarding Charities, and/or other content, including, without limitation, photos, videos, news articles, and/or other data and information proprietary to the Company or its licensors, as well as links to third party websites. You may download, view, copy and print information, materials and any other aspect of this Site (i) solely for your personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered. In addition, you may establish a hypertext link to any page of the Site, provided that the link does not state or imply any sponsorship by the Company of you, your company or your website.
You agree you will not interfere, in any way, with others’ use of or access to the Site (including interfering with any donations made in connection with this Site or the Program) and will not attempt to gain unauthorized access to the computer system of the Company or any other Site user. In addition, you agree not to provide to the Company any false information, or to otherwise attempt to make any false donations via the Site or the Program. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws, rules and regulations in your use of the Site.
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 or use the Site or any portion thereof. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site, without the prior written permission of the Company or its licensors.
To the extent the Site allows you to upload comments, feedback, blog posts, and/or other information, data or materials to the Company through or in association with the Site (collectively, “User Content”), except where otherwise expressly provided by the Company, all such User Content shall be considered non-confidential. You retain all rights, title and interest in and to any and all User Content that you provide via the Site. Nonetheless, you agree that by submitting any User Content to the Company on or through the Site, you hereby grant to the Company 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.
Your User Content may include testimonials relating to your personal experiences with the Program, the Charities or this Site (each, a “Testimonial”). You agree that the Company is under no obligation to use your Testimonial. By submitting a Testimonial you hereby consent, without further consideration, to the Company’s and/or any Charity’s use of your Testimonial, along with your likeness, voice, name (limited only to your first name and first initial of last name), city and state of residence, supported Charity and/or any statements made in such Testimonial, in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world, in connection with the creation of marketing/sales collateral, website content (including, without limitation, this Site), or any audiovisual works to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium including, without limitation, social media sites and other Internet sources. You agree that we may use third parties to vocalize or act out a Testimonial or to create our own Testimonial based on adaptations or compendiums of your and/or others’ Testimonials. You waive any rights of privacy and publicity, moral or other rights you may have in any such Testimonial.
You agree not to upload on or transmit to or via the Site any User Content (including any Testimonial) which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade names, company names or other proprietary right; (ii) is defamatory, libelous, 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.
The Company Does Not Endorse Comments of Users
The Company 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 Site. Any information or material placed on the Site by third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of the Company.
Unauthorized Use of the Site
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE PROGRAM, OR ANY INFORMATION, CONTENT, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE PROGRAM, OR ANY INFORMATION, CONTENT, SERVICES OR MATERIALS ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF 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, NEITHER THE SITE, THE PROGRAM, NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE OR THE PROGRAM, CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, ANY INVESTMENT, TAX OR OTHER FINANCIAL RELATED ADVICE OF ANY KIND. YOU SHOULD NOT CONSIDER ANY CONTENT ON THE SITE TO BE A SUBSTITUTE FOR FINANCIAL, INVESTMENT, LEGAL OR TAX ADVICE. IN ADDITION, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY VEHICLE DONATED BY YOU WILL BE SOLD FOR ANY SPECIFIC PRICE, OR RELATING TO ANY ELIGIBLE TAX DEDUCTION (WHICH IS GOVERNED BY APPLICABLE FEDERAL AND STATE LAWS). FURTHER, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. MOREOVER, WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL THE COMPANY, ITS PARENT, KAR AUCTION SERVICES, INC., ANY OF ITS AFFILIATES, OR ANY CHARITIES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF THE COMPANY, ITS PARENT, KAR AUCTION SERVICES, INC., ITS AFFIALITES, OR ANY CHARITIES (COLLECTIVELY, THE “COMPANY 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 SITE OR THE PROGRAM, OR ANY INFORMATION, CONTENT, 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.
Trademarks and Copyrights
ONE CAR ONE DIFFERENCE, the ONE CAR ONE DIFFERENCE logo, NATIONAL VEHICLE DONATION PROGRAM, IAA, CARS CREATING MIRACLES, the CARS CREATING MIRACLES logo, VEHICLE DONATION PROCESSING CENTER, AUTO-DONATION.COM, AUTO-DONATION.COM CHARITY DRIVEN! and Design, AMERICA’S CAR DONATION CENTER, DONATECARUSA, the DONATECARUSA logo and other marks that may be displayed on the Site are the proprietary service marks or trademarks of the Company, Charities or other third parties. The Company’s marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the Company. All trademarks and service marks not owned by the Company that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. You may not use, copy, modify or display any of the trademarks, service marks, trade names, company names or logos appearing on the Site without the express written permission of the respective owner thereof.
All content on this Site (other than User Content), including, but not limited to, works of authorship, software, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based on any of the foregoing; and the collection, arrangement and assembly of all such content on this Site, are the property of the Company or its licensors and are protected by United States and international copyright and other intellectual property laws.
Third Party Advertisements and Links to Third Party Sites
You acknowledge that, at any time, the Site may include links to the websites of third parties. Additionally, the Site may display advertisements from third parties, such as Charity or Sponsor banner advertisements and pop-up texts, and links to the sites of such advertisers. The Company is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by the Company of the advertisement or linked site or any content therein. IN NO EVENT WILL THE COMPANY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Modification or Discontinuance of the Site by the Company
At any time, without notice to you, and for any or no reason, the Company may modify or discontinue the Site or the Program or any other services provided therein. The Company shall in no way be held liable for any consequence which results from the Company’s decision to modify or discontinue providing the Site or the Program or any other services provided therein. Nothing herein shall be deemed to modify or cancel any contractual obligations of you or the Company with regard to any vehicle donations already in progress at the time of any such modification or discontinuance of the Site or the Program.
Denial of Access
The Company may prohibit you from using or accessing the Site or the Program for any or no reason, at any time, in its sole discretion, without notice to you.
Notice and Procedure for Making Claims of Intellectual Property Infringement
The Company respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide the Company the written information specified below. Please note that this procedure is exclusively for notifying the Company that your intellectual property rights have been infringed.
- 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 Site;
- 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.
The Company’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:
Intellectual Property Agent
Two Westbrook Corporate Center
Westchester, Illinois 60154
phone: (708) 492-7000