THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND 402. PLEASE READ THEM CAREFULLY. BY ACCESSING AND USING OUR SITES AND SERVICES, WHETHER AS A VISITOR, BIDDER OR SELLER, YOU CONFIRM YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.
Services Generally. We provide an auction platform, but we provide no auctioneering services. Any users who choose to conduct or participate in auctions using our Services are acting on their own behalves and are responsible for any actions that they may take with respect to any auctions or related transactions that they may enter into. We do not represent any users of our Sites or Services, and we are not a party to any transaction that may occur between users. You are solely responsible for resolving any disputes that you have with other users of our Sites or Services, whether as a visitor, Bidder, or Seller. However, we may, in our sole discretion, monitor or inquire about disputes or issues between users in order to protect our Sites and Services and address potential non-compliance of these Terms by a user.
We are not in the business of the selling or buying of any item(s) listed for auction (the “Listed Item(s) on a commission basis. We do not take any Listed Item(s) on consignment. All transactions and the terms of any agreements that may occur between Sellers and Bidders or users of our Sites or Services are determined solely through Seller and Bidder, user to user interaction and agreement. We are not acting as an employee, agent, representative, broker, dealer, real estate broker, associate real estate broker, real estate agent, real estate salesperson, mortgage broker, mortgage lender, appraiser of real property, marketing agency, or marketing agent of any Seller, Bidder, or user of our Sites or Services. We do not produce, handle, hold, ship, feed, process, distribute, transport, deliver, or take possession of any Listed Item(s) at any time. We do not collect, handle or remit any money, payments, checkoff fees, receivables or proceeds from any transaction that may occur between Sellers and Bidders for the sale or purchase of livestock, poultry, or any other animals or any users of our Sites or Services concerning the sale or purchase of livestock, poultry, or any other animals. We are not registered with the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration Packers and Stockyards Program, pursuant to the provisions of the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.). We are not bonded for the protection of Sellers or Bidders or any user of our Sites or Services.
Additional Terms. When you access and use our Sites and Services as a Seller or a Bidder, you also agree to the following (each of which shall be incorporated, as applicable, based on your use of our Services into these Terms):
- Bidder User Terms (applicable if you choose to participate in an auction using our Services as a bidder or buyer ("Bidder")).
- Seller User Terms (applicable if you choose to conduct an auction using our Services as a seller ("Seller")).
Access and Use. While we use reasonable efforts to provide our Sites and Services to you for so long as you are compliant with these Terms, we do not guarantee that they will be secure, or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access or use our Sites and Services. You should use your own virus protection software.
You may use our Sites and Services only if you can form a binding contract with us, in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of our Sites or Services by anyone under the age of majority in his/her state of residence is strictly prohibited. Our Services are not available to any users we have previously removed or suspended from our Services. We may suspend or terminate your access to our Services at any time, for any reason (such as your material breach of these Terms, our reasonable belief that it is necessary to protect the safety or property of others, to prevent fraud or for risk assessment purposes) or for no reason. We reserve the right to limit your use of our Sites or Services or terminate your account immediately, without notice or refund of any amounts that you may have paid to us.
If you use our Services as a Bidder or Seller you must be registered with us and you will be assigned to a user account. By registering with us and/or using our Services as a Bidder or Seller, you represent and warrant that you (a) will abide by all of the terms set forth herein; (b) will not register for more than one account; (c) will not provide false, deceptive, fraudulent, fictitious, or misleading information about yourself or the Listed Item(s), if any, that you list for auction; (d) will not create any username or post any information on our Sites or Services that is offensive, rude, disparaging, intended to deceive or delude other users/visitors, threatening, abusive, harassing, hateful, defamatory, pornographic, political, racist, or otherwise unlawful or offensive, or that does not generally pertain to the designated topic or theme; (e) will maintain the security of any user identification code and/or password associated with your account, notify us immediately if you suspect that such security has been breached, and accept all risks of authorized and unauthorized access to your account and the information you provide to us; and (f) will not violate the intellectual property or privacy rights of any third party.
If you register or use our Services on behalf of a third party (such as another person or legal entity), then you represent and warrant that you are an authorized representative of that person or entity with the authority to bind such person or entity to these Terms, and you agree to these Terms on behalf of that person or entity.
Accounts are non-transferable. Only you may use your user account. You are liable for all activities that are undertaken using your user account. We may verify your registration and account by collecting contact information (including, but not limited to, legal company name, street address, and employer identification number) and banking information from you, directly calling you to confirm the accuracy of your account information, and taking whatever additional steps we deem necessary.
Your account provides you access to participate in auctions or list Listed Item(s) through our Services. It also gives you access to additional services and functionality that we may establish and maintain from time to time, in our sole discretion, including but not limited to the ability:
- for Bidders to view their bidding history;
- for Bidders to create and add items to their own watchlist;
- for Sellers to view post-auction information for their auctions; and
- for Bidders and Sellers to receive email updates and other occasional news from our Sites.
Intellectual Property Rights. We are the owner or the licensee of all intellectual property rights to and in our Sites and Services, and in the content published on them. Those rights are protected by copyright, trademark and other applicable laws, as well as by treaties around the world. You will not use, copy or otherwise take any action with respect to our Sites and Services or such content except as expressly permitted by these Terms. You will, likewise, respect the intellectual property rights of others in exercising the rights granted to you hereunder.
Acceptable Usage. You may access and use our Services solely to list Listed Item(s) for sale, conduct or participate in auctions and view Listed Item(s) for your potential bidding and purchase. If you copy, redistribute or resell any of our Services or any content made available to you through our Sites or our Services, your right to access and use both will cease immediately, and you must take down or destroy any content you have obtained in violation of these Terms.
As part of our Sites and Services, we may provide access to data, information, and content relating to Listed Item(s) available for auction, including without limitation current and historical Listed Item(s) and related information, materials, and content (our “Auction Information”). You must not:
- modify or alter any Auction Information, content, materials or portions of our Sites or Services in any way;
- use any Auction Information, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, or any text separately from any accompanying illustrations, photographs, video or audio sequences or any graphics;
- remove any indications of ownership from any Auction Information or content which came from our Sites or Services, or claim it as your own or as that of any other entity or individual;
- use any part of our Services, Auction Information, or content on our Services for any purpose not expressly provided for in Section 6 without obtaining a license to do so from us or our licensors;
- access, or attempt to access, parts of our Sites or Services that are not intended for public use (including but not limited to website administration areas);
- modify, adapt or reverse engineer any aspect of our Sites, Services or Auction Information;
- conduct any web scraping, web harvesting, web data extraction, or any other data scraping of Auction Information or our Sites or Services;
- use any robot, spider, scraper, data mining tool, data gathering tools, data extraction tools, or any other automated means to access our Sites or Services, or collect, copy or record our Auction Information or content off our Sites or Services;
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, download, distribute, transmit, reuse, report, reproduce, modify, use, create derivative works from, or publicly display any Auction Information or content of our Sites or Services, including the text, images, audio, and video, for public or commercial purposes, including generating any reports or aggregating any data or content;
- extract k. extract reports from our Auction Information or Services other than records relating to your auction or bid history;
- take photos, screenshots or other images of our Auction Information, Sites or Services or any content therein;
- use our Auction Information or our Sites or Services in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
- use our Auction Information or our Services for benchmarking or competitive analysis of our Services;
- identify us or display any portion of our Auction Information, Sites or Services on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights;
- bypass any measures we may use to prevent or restrict access to our Services, including our robot exclusion headers;
- attempt to disrupt or interfere with the Auction Information or our Sites or Services in any way or with another user’s/visitor’s use of our Sites or Services, or use the Auction Information or our Sites or Services as a means of disrupting or interfering with other websites or networks;
- probe, scan or test for vulnerabilities of our Sites, Services, other websites, or any networks connected to them;
- willfully corrupt any Auction Information, data, documents or content available through our Sites or Services;
- knowingly or recklessly transmit or distribute a virus into our network and computer systems; or
- assist, encourage or permit any other person to do any of the acts described above.
Breach of Usage. All the prohibited uses set forth in Section 7 above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, Trojan horses, viruses, unauthorized, malicious or harmful code or other harmful software. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Uploading or Posting Content to Our Sites or Services We will collect data, content and information that you, as a visitor, Seller or Bidder, provide us or that is collected by us as you use the Sites or Services (“User Content”). You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a worldwide, perpetual, irrevocable, non-exclusive, sublicenseable, transferable, and royalty-free right and license to use, store, copy, distribute, and make available to third-parties all User Content. We are not responsible for any loss or damage to your User Content while it is in our possession, and you should separately maintain copies of the User Content you provide to us. We have the right to disclose your identity to any third party who is claiming that any content submitted or uploaded by you to our Sites or Services constitutes a violation of their intellectual property rights, or of their right to privacy. At any time, we have the right to remove any User Content you submit to our Sites or Services if, in our opinion, your post does not comply with these Terms.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OF YOUR USER CONTENT.
Compliance With Laws. You are responsible for, and agree to abide by, all local, state, federal and international laws, rules and regulations applicable to your use of our Sites and Services, and any other tools, services or products offered on our Sites and Services and any transaction you may enter into with other users in connection with using our Sites or Services.
Any users located outside the United States must comply with laws, regulations, rules and regulatory orders of the United States, including the Foreign Corrupt Practices Act and the U.S. Export Control Act, in addition to applicable local laws. You may not use our Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government or under similar laws or regulations applicable in other jurisdictions. You are solely responsible for compliance with any and all applicable laws, rules and regulations relating to export and import requirements or restrictions.
Listed Items may be subject to EXPORT, RE-EXPORT, AND IMPORT CONTROL LAWS AND REGULATIONS, PROHIBITIONS, RESTRICTIONS OR COSTS. You are solely responsible for identifying and complying with any applicable export/re-export/import laws, rules, regulations, licensing, and/or Customs requirements associated with Listed Items and any transaction you may enter into with other users. If a Listed Item is seized or destroyed by any governmental Customs agency or returned, we will not be responsible for the losses, the Listed Item or shipping refunds.
LIVESTOCK, POULTRY, AND OTHER ANIMALS: LISTED ITEMS MAY BE SUBJECT TO LOCAL, STATE, FEDERAL, AND INTERNATIONAL LAWS, STATUTES , ORDINANCES, RULES, REGULATIONS, LICENSING REQUIREMENTS/LAWS, REPORTING REQUIREMENTS/LAWS, BONDING REQUIREMENTS/LAWS, IMPORT/EXPORT LAWS, CUSTOMS REQUIREMENTS/LAWS, HEALTH REQUIREMENTS/LAWS, CERTIFICATION REQUIREMENTS/LAWS, NUTRITION REQUIREMENTS/LAWS, CHECKOFF FEE REQUIREMENTS/LAWS, PRODUCTION REQUIREMENTS/LAWS, AND ANIMAL VACCINATION REQUIREMENTS/LAWS APPLICABLE TO THE BUYING AND SELLING, ADVERTISING, LABELING, HEALTH, SAFETY, CARE, PRODUCTION, FEEDING, WATERING, HANDLING, HOLDING, TRANSPORT, SHIPPING, DELIVERY, RECEIPT AND IMPORT/EXPORT OF LIVESTOCK, POULTRY, AND OTHER ANIMALS INCLUDING BUT NOT LIMITED TO CATTLE, BISON, HORSES, MULES, ASSES, BURROS, SHEEP, SWINE, HOGS, GOATS, CHICKENS, TURKEYS, DUCKS, GEESE OR ANY OTHER KINDS OF BOVINE OR EQUINE SPECIES OR ANY OTHER TYPES OF DOMESTIC FOWL OR POULTRY OR ANY OTHER TYPES OF SPECIALTY OR ALTERNATIVE LIVESTOCK. You are solely responsible for identifying and complying with any local, state, federal, and international laws, statutes, ordinances, rules, regulations, licensing requirements/laws, reporting requirements/laws, bonding requirements/laws, import/export laws, customs requirements/laws, health requirements/laws, certification requirements/laws, nutrition requirements/laws, checkoff fee requirements/laws, production requirement/laws, and animal vaccination requirements/laws applicable to the buying and selling, advertising, labeling, health, safety, care, production, feeding, watering, handling, holding, transport, shipping, delivery, receipt, and import/export of livestock, poultry, or any other animals. You are solely responsible for any transaction that you may enter into with other users involving livestock, poultry, or any other animals. We will not be responsible for the health, care, feeding, watering, handling, holding, transport, shipping, delivery, receipt, import/export, loss, or injury of livestock, poultry, or any other animals. If a Listed Item is seized or destroyed by any governmental agency or returned, we will not be responsible for the losses, the Listed Item or shipping refunds.
REAL ESTATE: LISTED ITEMS MAY BE SUBJECT TO LOCAL, STATE, FEDERAL, AND INTERNATIONAL LAWS, STATUTES, ORDINANCES, RULES, REGULATIONS, LICENSING REQUIREMENTS/LAWS, REPORTING REQUIREMENTS/LAWS, BONDING REQUIREMENTS/LAWS, ZONING REQUIREMENTS/LAWS, ENVIRONMENTAL REQUIREMENTS/LAWS, RECORDING REQUIREMENTS/LAWS, FINANCING REQUIREMENTS/LAWS, LANDLORD-TENANT REQUIREMENTS/LAWS, BUILDING AND SAFETY REQUIREMENTS/LAWS, DEVELOPMENT AND SUBDEVELOPMENT REQUIREMENTS/LAWS, PROTECTIVE AND RESTRICTIVE COVENANT REQUIRMENTS/LAWS, EASEMENT REQUIREMENTS/LAWS, AND PROPERTY TAX AND SPECIAL ASSESSMENT REQUIREMENTS/LAWS APPLICABLE TO THE BUYING AND SELLING, TRANSFERRING, LEASING, ADVERTISING, USE, DEVELOPMENT AND SUBDIVISION, AND FINANCING OF REAL ESTATE. You are solely responsible for identifying and complying with any local, state, federal, and international laws, statutes, ordinances, rules, regulations, licensing requirements/laws, reporting requirements/laws, bonding requirements/laws, zoning requirements/laws, environmental requirements/laws, recording requirements/laws, financing requirements/laws, landlord-tenant requirements/laws, building and safety requirement/laws, development and subdevelopment requirements/laws, protective and restrictive covenant requirements/laws, easement requirements/laws, and property tax and special assessment requirements/laws applicable to the buying and selling, transferring, leasing, advertising, use, development and subdivision, and financing of real estate. You are solely responsible for any transaction that you may enter into with other users involving real estate. We will not be responsible for the condition, environmental condition, environmental clean-up or remediation, environmental testing, hazardous or toxic materials, pollutants, contaminants, waste, asbestos, petroleum products, lead paint, erosion, repairs, damage, wood destroying insects or other insects, inspection, special assessments and liens, soil testing and quality, water rights, water quality, fixtures, appraisal, surveying, property taxes and assessments, title insurance, easements, permits, leases, utilities and utility lines, property site grade, flooding and floodplain, endangered species, wetlands, zoning, and good and marketable title concerning a parcel of real estate listed on our platform and we will not be responsible for any other aspect of any parcel of real estate listed on our platform or any real estate transaction between Seller, Bidder, visitor or user of our Sites or Services.
Please be aware that, even though we are not a party to any transaction between users and we assume no liability for legal or regulatory compliance pertaining to Listed Item(s) on our Sites or Services, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to auctions and bidding conducted using our Services and Listed Item(s) in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Taxes. We are not responsible for determining whether tax applies to any transaction between users, or for withholding, collecting, reporting, or remitting any tax arising from any Listed Item(s). We do not give tax advice, and nothing we say or do should be interpreted as such, including our providing you with the opportunity to learn about, and separately utilize, tax-related services or solutions (for example, automated tax compliance software). The payment and collection of applicable taxes (including income, sales, property, excise, import, export, VAT and other taxes or duties associated with the purchase/use and sale/solicitation of any Listed Item(s)) must be, and are, the exclusive responsibility of the Bidder and Seller, as applicable. Generally speaking, it is the Seller's responsibility to determine what taxes, if any, apply to a transaction and to collect, report, and/or remit the correct tax to the appropriate tax authority; however, to the extent that you have any questions about your own payment, collection, reporting or remittance obligations, you should consult a qualified tax advisor.
Financing, Shipping, Insurance and Other Services. We may provide links on our Sites or Services to other websites operated by us, third-party providers or affiliates who provide various services or other offerings, including, without limitation, financing, shipping, and insurance services, pricing tools, and other offerings that might be of interest to you, and only for the convenience of our users. In consideration for providing any such link(s), we may receive a fee from the third party(ies) or affiliates whose goods or services you may choose to obtain. We will not be liable for any acts or omissions of any such third-parties or affiliates, whom you use at your own discretion and risk. Your access to and use of our other websites and third-party or affiliate services and websites may be subject to the applicable terms and conditions of that respective website, third-party or affiliate.
Disclaimer; No Warranty. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITES AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES OR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE SOLELY A PASSIVE CONDUIT TO PROVIDE CONTENT AND TO FACILITATE COMMUNICATIONS BETWEEN A BIDDER AND A SELLER, AND IN NO EVENT DO WE SELL ANY LISTED ITEM(S). WE MAKE NO WARRANTY THAT THE LISTED ITEM(S) WILL PROPERLY FUNCTION OR OPERATE WHEN YOU RECEIVE THEM, NOR THAT THEY WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER YOU RECEIVE THEM. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SITES, SERVICES OR ANY LINKED SITES, EVEN IF WE BECOME AWARE OF ANY ISSUES THEREWITH.
WE MAKE NO WARRANTY OF ANY KIND REGARDING THE TITLE, WEIGHT, SIZE, COLOR, TYPE, NUMBER, QUALITY, STORAGE, CARE, FEEDING, VERIFICATION, CERTIFICATION, BRANDING, CONDITION, SEX, SOUNDNESS, SAFETY, HEALTH, NUTRITION OR NUTRITIONAL VALUE, BEHAVIOR, PERSONALITY, MENTAL HEALTH, MENTAL CONDITION OR SOUNDNESS, PHYSICAL APPEARANCE, ABILITY, AGE, PEDIGREE, AUTHENTICITY OF PEDIGREES, BLOODLINES, BREED REGISTRATION OR QUALIFICATION FOR BREED REGISTRATION, PHYSICAL PERFORMANCE AND ABILITY, BEHAVIORAL PERFORMANCE AND WILLINGNESS TO PERFORM, GENETIC PERFORMANCE, TRAINING, BREEDING ABILITY AND STATUS, SHOWING ABLITY, RACING ABILITY, JUMPING ABILITY, REINING AND CUTTING ABILITY, DRESSAGE ABILITY, RANCHING AND HERDING ABILITY, AND FERTILITY OF ANY LISTED ITEM(S).
WE MAKE NO WARRANTY OF ANY KIND REGARDING THE GOOD AND MARKETABLE TITLE OF THE LISTED ITEM(S). WE MAKE NO WARRANTY OF ANY KIND CONCERNING THE CONDITION, ENVIRONMENTAL CONDITION, ENVIRONMENTAL CLEAN-UP OR REMEDIATION, OR ENVIRONMENTAL TESTING OF ANY LISTED ITEM(S). WE MAKE NO WARRANTY OF ANY KIND THAT ANY LISTED ITEM(S) WILL BE FREE FROM HAZARDOUS OR TOXIC MATERIALS, POLLUTANTS, CONTAMINANTS, WASTE, ASBESTOS, PETROLEUM PRODUCTS, EROSION, WOOD DESTROYING INSECTS OR OTHER INSECTS, FLOODING, WETLANDS, ENDANGERED SPECIES, AND ANY OTHER TYPE OF CONDITION OR DEFECT. WE MAKE NO WARRANTY OF ANY KIND REGARDING SOIL TESTING AND QUALITY, WATER RIGHTS, WATER TESTING AND QUALITY, PROPERTY SITE GRADE, FLOODPLAIN, ZONING, USE, EASMENTS, UTILITIES AND UTILITY LINES AND PROFITABILTY OF ANY LISTED ITEM(S).
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR SITES OR SERVICES, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SITES OR SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM OUR SITES AND SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR CONTENT TO US AND BY POSTING INFORMATION ON OUR SITES OR SERVICES, INCLUDING LISTED ITEM(S), NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY LISTED ITEM(S) TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF OUR SITES OR SERVICES. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, LISTED ITEM(S) OR THE TRUTH OR ACCURACY OF ANY LISTED ITEM(S) OR OTHER CONTENT PROVIDED ON OUR SITES AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER, REAL ESTATE AGENT, REAL ESTATE SALESPERSON, APPRAISER OF REAL PROPERTY, MORTGAGE BROKER OR MORTGAGE LENDER. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE DO NOT NEGOTIATE OR ATTEMPT TO NEGOTIATE THE LISTING, SALE, PURCHASE, EXCHANGE, RENT, LEASE, OR OPTION FOR ANY REAL ESTATE OR IMPROVEMENTS ON REAL ESTATE, OR ASSIST IN PROCURING PROSPECTS FOR OR ACT AS A REFERRAL AGENT FOR THE PURPOSE OF SECURING PROSPECTS FOR THE LISTING, SALE, PURCHASE, EXCHANGE, RENTING, LEASING, OR OPTIONING OF ANY REAL ESTATE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE DO NOT AID OR ASSIST BORROWERS IN OBTAINING, SOLICIT BORROWERS OR LENDERS FOR, OR NEGOTIATE OR MAKE LOANS SECURED BY LIENS ON REAL PROPERTY.
Indemnification. You will indemnify, defend, and hold harmless 402, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of (i) your breach of these Terms; (ii) your improper use of our Sites or Services; (iii) any personal injury, death, or property damage caused by or arising out of the listing, sale, transportation or use of any Listed Item(s); or (iv) your violation of any law or rights of a third party, including related to any User Content you provide or post. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent. While some jurisdictions may limit your liability hereunder, this indemnity shall apply to the fullest extent permissible by applicable law.
Release. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF OUR SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY OTHER BIDDER OR SELLER, ANY THIRD PARTY VISITOR TO THE SITES OR THE PROVIDER OF ANY THIRD PARTY WEBSITE OR APPLICATION THAT MAY BE LINKED TO OR FROM OUR SITES OR SERVICES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE INDEMNIFIED PARTIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.
California Notice. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF THE INDEMNIFIED PARTIES, OR AN AUTHORIZED REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SERVICES; (B) OUR SITES; (C) THESE TERMS; (D) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY; (E) YOUR, OR ANY THIRD-PARTY’S USE OF OUR SITES OR SERVICES, OR THE SERVICES ANY THIRD PARTY PROVIDES, RELATED TO THE BUSINESS WE OPERATE; (F) ANY USER INFORMATION OR USER-CONTRIBUTED CONTENT; (G) ANY INTERACTION BETWEEN OUR SITES OR SERVICES AND ANY THIRD PARTY SITES; AND (H) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT OR PURCHASE TRANSACTION (EVEN IF WE OR ANY THIRD PARTY RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS OF OUR SITES OR SERVICES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE TERMS, THE PURCHASE, SALE OR USE OF ANY LISTED ITEM(S), OR YOUR USE OF OUR SITES OR SERVICES EXCEED, IN THE AGGREGATE, THE LESSER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE TOTAL FEES EARNED BY US IN CONNECTION WITH THE LISTED ITEM(S) TO WHICH THE APPLICABLE CLAIM RELATES.
- Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions. You irrevocably agree to the exclusive jurisdiction of the courts of Lancaster County, Nebraska, USA for any dispute arising out of these Terms.
- Translations. For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control.
- Amendments. We may modify, add, or remove any portion of these Terms (including, without limitation, any Bidder User Terms, Seller User Terms and/or additional HiBid Terms and Conditions and/or Additional HiBid Terms and Conditions for the sale and purchase of livestock, poultry or any other animals and any Additional HiBid Terms and Conditions for the sale and purchase of real estate. incorporated herein), from time to time, in our sole discretion, with or without notice to you, by posting such change on our Sites and/or Services. Once posted, such changes shall come into full force and effect.
- Entire Terms. The introductory paragraph, and any documents that are linked to or referenced in these Terms, are hereby incorporated by reference and made part of these Terms. Collectively, the foregoing constitutes the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.
- Advice. Any guidance, discussions, or advice provided by 402, its employees, independent contractors and agents related to using our Sites and Services, including but not limited to guidance for placing and/or bidding on Listed Item(s), is intended for general information purposes only. It is not intended as legal advice, and you agree that you will independently evaluate and not rely on such advice for any purpose.
- Headings. Headings used in this agreement are intended, and shall for all purposes be deemed to be, for convenience only and shall have no force or affect whatsoever in the interpretation of this agreement.
- Reformation. If a court of competent jurisdiction determines that the scope of any provision of these Terms is too broad to be enforced, the court shall reform such provisions to such narrower scope as it determines to be enforceable.
- Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms, including but not limited to, Sections 5, 9, 10, 14, 15, 16, 17, 18, and 19.
- Severability. If any provision of these Terms is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.
- Successors and Assigns. These Terms shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assigns. These Terms may not be assigned by you without our prior written consent. We may freely assign these Terms to any third party
- Waiver. No delay or omission by a party in exercising any right under these Terms shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
- Conflicts. The provisions set forth in these Terms shall prevail over a conflicting provision (if any) set forth in the Bidder User Terms or Seller User Terms.
International Availability. We do not represent that our Sites and Services are available worldwide, or that bidding, or any proposed purchase and sale transactions between users can occur in every location in the world. You agree to comply with all local rules regarding online conduct and acceptable content, including, without limitation, applicable laws regarding the transmission of data exported from the United States to the country in which you reside. Please note that additional or different terms may apply if you reside outside of the United States. Please click on the location link below for more details: Jurisdictions.
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Last Updated 22 November 2022
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