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TERMS AND CONDITIONS FOR ALL USERS OF EQUIPMENTAUCTION.COM
[Revised January 6, 2017]
EquipmentAuction.com is online listing service acting as an intermediary to facilitate the sale of used items, listed on EquipmentAuction.com, between buyers and sellers. By accessing or using EquipmentAuction.com, you are a “User” and must agree to terms and conditions set forth. This agreement to the terms and conditions will serve a legal contract between you and EquipmentAuction.com. You may reject the terms and conditions if you do not accept and agree to all provisions set forth by EquipmentAuction.com, in doing so you also agree to immediately terminate all access and use of EquipmentAuction.com. EquipmentAuction.com reserves the right to amend or change the terms of this agreement with out notice to users.
These terms and conditions set forth by EquipmentAuction.com grant “Users” limited, revocable, and nonexclusive license to access and use of EquipmentAuction.com.
EquipmentAuction.com, buyers, and sellers are independent parties and assume no agency, partnership, joint venture, employee-employer, or franchise-franchisee relationship.
EquipmentAuction.com reserves the right, but not the obligation, to regulate “Content” and “Conduct” of any site “Users”. This enforcement will be by any means deemed necessary or appropriate. Action or inaction by EquipmentAuction.com to regulate the site does not waive EquipmentAuction.com’s right to implement or not implement regulation and enforcement measures of subsequent or similar conduct, content, or potential terms and agreement violation. You agree that any action or inaction to regulate “Content” and “Conduct” of site that neither EquipmentAuction.com nor any EquipmentAuction.com Representatives shall be liable to you or anyone else for any action or inaction regarding regulation of the site. EquipmentAuction.com may, in its sole digression and without notice, begin, end, or modify any regulation or enforcement measures at any time. This paragraph may not be waived, modified, or released except at the sole discretion of EquipmentAuction.com and EquipmentAuction.com Representatives.
The following content is prohibited but not limited to: Illegal or stolen goods and services or content; Content that is deemed offensive by EquipmentAuction.com; Content that discloses another’s personal, confidential or proprietary information; Fraudulent or false content; Account creation, auto posting, and auto-creating products.
By posting content to EquipmentAuction.com you grant worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You grant to EquipmentAuction.com all right and cause of action to prohibit and enforce against any unauthorized copying, performance, display, and distribution.
Your agree to hold EquipmentAuction.com and EquipmentAuction.com Representatives harmless from and against any third-party claim, cause of action, or damages related to any material you posted or transmitted to or from the site. This indemnification obligation includes payment for EquipmentAuction.com and EquipmentAuction.com Representatives attorney fees and costs incurred.
Your reliance and interaction with any user or user conduct is solely your own responsibility. EquipmentAuction.com does not control and is not responsible for user or user conduct and makes no warranties with respect to users and user’s conduct.
You agree to hold EquipmentAuction.com and EquipmentAuction.com Representatives harmless from and against any third-party claim, cause of action, or damages related to: any material you posted or transmitted to or from the site (including but not limited to content that a third-party deems defamatory, harmful, or offensive); use of your account; your use or reliance of any user content; and violation of the terms and conditions set forth by EquipmentAuction.com. This indemnification obligation includes payment for EquipmentAuction.com and EquipmentAuction.com Representatives attorney fees and costs incurred.
Users create EquipmentAuction.com accounts personally and manually on their own behalf, use of automated means for account creation is specifically prohibited. A user must only use their own EquipmentAuction.com account use of other user accounts is strictly prohibited. Any effort to reverse engineer, disassemble, or emulate any source code or object code of EquipmentAuction.com is strictly prohibited.
EquipmentAuction.com service is provided on an “as is” and “as available” basis without any warranties of any kind. User access, use and reliance on EquipmentAuction.com are the sole responsibility of you the user and at your own risk. All warranties are expressly disclaimed, which includes: Performance, security, reliability, timeliness, and accuracy; Viruses, computer worms, spyware, and all other malware; Any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, or communications, related to as a result of use of EquipmentAuction.com.
These disclaimers apply to the fullest extent permitted by law.
LIMITATION OF LIABILITY
EquipmentAuction.com and all EquipmentAuction.com Representatives shall under no circumstances be liable for any loss or damages of any kind incurred by you or anyone else for use or reliance upon information or ads posted on the site. You also agree to indemnify and hold EquipmentAuction.com and EquipmentAuction.com Representatives harmless from and against any claim, cause of action, demand or damages related to or arising out of your interactions with others. EquipmentAuction.com does not guarantee continuous operation of or access to the site and do not express warranty that the site is free from glitches, bugs, and errors.
EquipmentAuction.com takes no responsibility or warranties to the accuracy of the site and information posted on it by sellers. Users must be 18 years of age and older, access or use by anyone younger is not authorized. You are responsible for any content that you post, create, or transmit in your account.
Any disputes arising from a transaction or failure to complete a transaction shall be the sole responsibility of buyer and seller. EquipmentAuction.com and Representatives of EquipmentAuction.com do not assume liability or damages as the result of failure to complete a transaction or guarantee that a transaction will be completed.
These limitations of liability apply to the fullest extent permitted by law.
DAMAGES AND INJUNCTION RELIEF
Under these terms and conditions set forth by EquipmentAuction.com you expressly agree that any violation or breech EquipmentAuction.com has the right to obtain but not limited to preliminary or permanent injunction relief. You also agree to in addition to any injunction relief to pay to EquipmentAuction.com the total amount of any actual damages (including but not limited to consequential, direct, indirect, and incidental damages), caused by your violation of terms and conditions.