Auto Lease Auctions - Driver Profile

IMPORTANT: Please read the terms of use here or in your registration email:
This Agreement ("Agreement") is made and effective this date, registered in record by UserName, between Auto Lease Auctions, Inc. (hereinafter referred to as "ALA") and the Registrant of this submission (hereinafter referred to as "User"). 

I. The User understands and agrees that ALA is not the consignor, advertiser, seller, buyer, lessor, lessee, transporter of goods or products posted upon this web site, or other subsequent locations, and is not responsible for any representation.

II. ALA reserves the right to refuse any service to any User at any time for any reason.  At its sole discretion and without notification, ALA may suspend activity, including services that have been paid for, to make web site improvements and/or changes, or for any reason deemed necessary at its sole discretion. User agrees that some services like vehicle representation and prospect processing are available only on certain days and during certain business hours. ALA will publish its hours of operation on the web site and make a hyperlink to them from every ad. ALA reserves the right to change the hours at any time without notification. 

III. USer understaands this web site is a marketplace. ALA makes no guarantees of success of sale or lease transfer by advertising your vehicle here or using our services. ALA will not be responsible for timetables involved in any transaction. Advertising, representation, financial, and all services are rendered on a best effort basis in good faith as available but are not made part of this service agreement. 

IV. ALA warrants its mechanized procedures will guide the users, buyers, sellers, lenders, et al, through the steps of an automobile transaction only when used as prescribed.  Arbitration services are limited to transactions made upon this web site where the procedures were followed completely. 

V. ALA guarantees timely payments to members and vendors, sellers and buyers, of funds deposited in the online  Treasury, a Bank Of America business account. ALA charges no fees, however ALA passes on bank charges when applicable. Funds may be placed in the Treasury by a buyer for donations, member services, earnest deposits or freight. Sellers may deposit monies for donations, commissions, member services, vendor services, auction fees and other payments that require written approval from the Auto Lease Auctions Administration Office.  ALA will not administer or arbitrate payments for transactions made outside of the Treasury between parties whose relationship originated on our web site(s). Members who use our sites to form relationships then conduct business outside of the Treasury are automatically banned from the Auto Lease Auctions and any further use of its web sites or services notwithstanding fees owed by or fines placed upon the members; or Treasury monies belonging to the member(s). 

VI. For  security, protection of personal information and elimination of merchant fees, ALA employs WebCheck™, an online bank draft system, for all payments to and from the Treasury.  All payments of services are final. ALA will render the services and purchase promotional products as soon as payment is verified or ALA at its option may render services first, then send an invoice via email with various terms of payment. ALA writes contracts and guarantees payment to vehicle representatives, advertising web sites, banks, and dealers to reserve their services during the time prospects and buyers are available for your vehicle so no refunds are offered and no guarantees are implied. Invoices for payments are due on the dates enclosed unless otherwise specified in the invoice. Interest charges may be assessed. Five-percent (5%) late fees will be attached for payments later than 5-days.

VII. Users state understanding and compliance with all local laws and all Federal Regulations; Truth in Advertising, Advertising Substantiation, AntiTrust, Advertising Consumer Leases, Truth in Lending/Leasing, Consumer's Rights to Privacy, etcetera. Users agree complince with laws promote good business, protect consumers, sellers, and the ALA organization.  Users agree to hold ALA and its principles harmless in any action against you.

VIII. Seller agrees to use and pay for the ALA services for any transaction originating from its investment, web site, advertisements, or promotions. Seller agrees to report all outside attempts to provide similar services after this agreement is made. 

1. Confidential Information.

ALA, the Owner, proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to the User. Confidential Information shall include all prospects' privileged data, sales materials, products, and procedures, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, to User by ALA. Nothing herein shall require ALA to disclose any of its information.

2. User's Obligations.

A. User agrees that the Confidential Information is to be considered confidential and proprietary to ALA and its customers (prospects) and User shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of its business with ALA, and shall disclose it only to its officers, directors, or employees with a specific need to know. ALA will not disclose, publish or otherwise reveal any of the Confidential Information received from ALA to any other party whatsoever except with the specific prior written authorization of the ALA.
B. Confidential Information furnished in tangible form shall not be duplicated by Seller except for purposes of this Agreement. Upon the request of ALA, User shall return all Confidential Information received in written or tangible form, email accounts, ALA telephone equipment and service, including copies, or reproductions or other media containing such Confidential Information, within ten (10) days of such request. At User's option, any documents or other data developed by the User containing Confidential Information may be destroyed by User in lieu of return. User shall provide a written certificate to ALA regarding destruction within ten (10) days thereafter.
C. Company-User, its Officers, Partners, Employees, Contacts, Entities, Heirs, included; will not use the Confidential Information to compete with ALA in the disclosed field of endeavor.
D. Seller-User acknowledges their obligation to converse electronically with all prospective buyers (shoppers) about their automobile for sale or lease or document conversations; and refer non buyers to ALA for sales processing on another vehicle. Seller-User agrees to use the sales tools ALA provides in a timely manner. Seller-User agrees time is of the essence in all stages of an automobile transaction. Seller-User agrees that ALA may intervene on the Sellers behalf in the event a prospective buyer is not properly served or not served in a timely manner. In such a case, Seller-User agrees to pay ALA a selling service fee as discussed in addition to the listing fee and success fee discribed in the listing material.
E. User may be granted use of ALA email accounts and/or the ALA phone system to protect their identity, prevent spam and regulate contact while buying, trading, refinancing and/or selling automobiles. User warrants they are the owner of the personal email and/or phone number served by the ALA email and/or ALA phone system. User understands ALA does not guarantee protection or prevention soley by use of the email accounts or company phone system. User is obliged to use the tools for the intended purpose only. User will not represent themself as anything other than a registered buyer and/or seller at Auto Lease Auctions and only as a seller of vehicles they own or otherwise have a right to sell. User will never represent themself as ALA staff, management or ownership. User understands ALA is the owner of the domain, email accounts and phone system, therefore has the right to monitor use and remedy misuse under law. User is solely responsible and will hold ALA harmless for any action brought against them for civil or criminal offenses committed with usa of the ALA email account and/or phone system.


3. Term.

The obligations of Users herein shall be effective for fifty (50) years from the date ALA last discloses any Confidential Information to ALA pursuant to this Agreement. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against User, nor by the rejection of any agreement between ALA and User, by a trustee of User in bankruptcy, or by the User as a debtor-in-possession or the equivalent of any of the foregoing under local law.

4. Other Information.

User shall have no obligation under this Agreement with respect to Confidential Information which is or becomes publicly available without breach of this Agreement by User; is rightfully received by User without obligations of confidentiality; or is developed by User without breach of this Agreement; provided, however, such Confidential Information shall not be disclosed until thirty (30) days after written notice of intent to disclose is given to ALA along with the asserted grounds for disclosure.

5. No License.

Nothing contained herein shall be construed as granting or conferring any rights by license or otherwise in any Confidential Information. It is understood and agreed that neither party solicits any change in the organization, business practice, service or products of the other party, and that the disclosure of Confidential Information shall not be construed as evidencing any intent by a party to purchase any products or services of the other party nor as an encouragement to expend funds in development or research efforts. Confidential Information may pertain to prospective or unannounced products. User agrees not to use any Confidential Information as a basis upon which to develop or have a third party develop a competing or similar product.

6. No Publicity.

User agrees not to disclose its participation in this undertaking, the existence or terms and conditions of the Agreement, or the fact that discussions are being held with ALA.

7. Governing Law and Equitable Relief.

This Agreement shall be governed and construed in accordance with the laws of the United States and User consents to the exclusive jurisdiction of the state courts and U.S. federal courts where petition is filed for any dispute arising out of this Agreement. User agrees that in the event of any breach or threatened breach by User, ALA may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect ALA against any such breach or threatened breach.

8. Final Agreement.

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.

9. No Assignment.

User may not assign this Agreement or any interest herein without Owner's express prior written consent.

10. Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

11. Notices.

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, email, or recognized overnight delivery services.

12. No Implied Waiver.

Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

13. Headings.

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.


IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written within this submission in compliance with Federal & State Law.
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