THIS USER AGREEMENT (“Agreement”) is made and entered into effective upon acceptance, by and between AHT, Inc., a Minnesota corporation, doing business as Arabian Horse Times (together with its subsidiaries and affiliates, “Company”) and you (“User”).
WHEREAS, the Company hosts internet auctions (“Auctions”) from time to time on the Company’s websites, including without limitation
http://www.ahtimes.com and http://aht-auctions.com (together, “Website”), and User desires to use the Website and to participate in the Auctions.
NOW, THEREFORE, in consideration of the opportunity to use the Website and to participate in the Auctions, and whenever User uses the Website and/or participates in any Auctions, User hereby agrees to the following terms and conditions:
1. Limited Role of Company. User acknowledges and understands that Company is not a traditional auctioneer and that the Company is merely using a portion of the Website as an auction-style venue to facilitate the exchange of goods between interested parties. The Company is not involved in any actual transactions between buyers and sellers. The Company has no control over and does not guarantee or warrant the quality, safety or legality of goods advertised, the truth or accuracy of contents or listings, the ability of sellers to sell goods, the ability of buyers to pay for goods, or that a buyer or seller will actually complete any transaction.
2. Listing Fee and Conduct of Auctions. The Company reserves the right to impose a consignment/listing fee in connection with the listing of goods in any Auctions, and to impose such other fees and restrictions as the Company determines in its sole discretion. The Company also reserves the right to implement certain rules relating to the conduct of the Auctions, including without limitation to determine (i) the dates and times during which Auctions will occur; (ii) the minimum and maximum bid amounts; (iii) the increments in which bids may be submitted; (iv) the manner and method in which payments may be submitted and accepted; and (v) specifications for pictures, videos and descriptions that may be posted in order to identify goods. Specific information regarding fees and rules relating to Auctions will be provided along with each specific Auction. Additional terms and conditions applicable to specific Auctions may be included on the Website for the specific Auction.
3. Shipping and Handling. User acknowledges and understands that buyers are solely responsible for the removal and/or shipping of all goods and all costs related thereto. Buyer shall arrange with seller to have items picked up or shipped.
4. Contract and Payment. By placing a bid on any goods, User represents, warrants and undertakes that it has the authority and capacity to enter such bid and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the goods in question for the full amount of the bid, plus any applicable premiums and taxes. All sales are final. A User may not cancel a bid after the Auction closes. When the Auction closes, the highest bidder shall pay for the item purchased in the manner specified on the Auction site. If buyer does not pay for and remove an item within the applicable removal period, the item may be resold without notice. If an item is resold for an amount less than the original, highest successful bid, buyer may be obligated to pay the difference. If full payment is not made by the end of the applicable removal period, buyer’s bidding privileges as to any other Auctions may be suspended. Buyer’s bidding privileges might not be reinstated until the seller’s invoice has been paid in full, regardless of whether an item has been resold.
5. Accuracy of Information. User has previously provided, or is providing, or from time to time after entering into this Agreement may provide, to Company certain information (“Information”) relating to User and/or User’s qualifications to use the Website and/or participate in the Auctions. User represents and warrants that all such Information is true, accurate and complete in all respects as of the date hereof and that any such Information User may hereafter provide will be true, accurate and complete in all respects as of the date User provides such Information to Company. User agrees that, so long as User continues to use the Website and/or participate in the Auctions, User will promptly inform Company of any material change in any of the Information so provided by User.
6. User Conduct. User must ensure that User’s use of the Website or participation in any Auctions does not violate any applicable laws or regulations. User shall not transmit through the Website or Auctions any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. User shall not transmit any material through the Website or Auctions that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
7. Right To Suspend or Terminate. User acknowledges and agrees that without limiting other remedies, the Company, in its sole discretion, may limit, suspend or terminate the Website, the Auctions, User’s use of the Website and/or participation in any Auction immediately and without notice for any reason whatsoever, including if the Company determines that User is creating problems or potential legal liabilities, infringing upon the rights of third parties or acting inconsistently with the terms and conditions of this Agreement, and in such situations User may be held liable for any and all legal fees related to User’s actions.
8. Indemnification. User hereby covenants and agrees to indemnify, defend and hold Company and its directors, officers, employees, and agents harmless from and against any and all damages, losses, claims, actions, demands and/or expenses whatsoever, including attorney’s fees, which Company may suffer or incur arising out of User’s use of the Website and/or participation in any Auctions.
9. Uniform Commercial Code. The Company does not transfer legal ownership of items from the seller to buyer, and nothing in this Agreement shall modify the governing provisions of Minnesota Uniform Commercial Code § 2-401(2), unless the buyer and the seller otherwise agree.
10. Choice of Law and Venue. This Agreement and the operation of the Website and/or the Auctions shall be governed by and interpreted in accordance with the laws of the State of Minnesota and any disputes will be decided only by the courts of the State of Minnesota.
11. Security and Privacy. The Company will take great care to protect User’s personal information. The Company will not give out, sell, or rent User’s personal information to third parties without the prior consent of User. The Company will store and process User’s information on computers that are protected by physical as well as technological security devices. User can access and modify the personal information User provides to Company and choose not to receive certain communications by signing in to User’s account. The information contained in the Website may contain links to outside services and resources. The Company does not control the availability and content of those outside services and resources. The Company encourages you to read their legal notices to become familiar with their practices and agreements. Please review any other policies that the Company may list on the Website from time to time. These policies will also govern your use of the Website and/or participation in any Auctions. The Company reserves the right, in its sole discretion, to change, modify, add or remove portions of these terms at any time. User is advised to check these terms periodically for changes. User’s continued use of the Website means that User accepts the terms and conditions of use, and any changes or modifications.
12. No Agency. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
13. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Failure by the Company to act with respect to a breach by User shall not waive any right to act with respect to subsequent or similar breaches. Company may amend this Agreement at any time by posting the amended terms on the Website. User’s continued use of the Website and/or participate in any Auctions following the posting of changes to these terms will mean you accept those changes. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The Indemnification and Warranty Sections survive any termination of this Agreement. The Company works to keep the site and services working properly and safe. Please report problems, offensive content, and policy violations to the Company.
14. Insurance. Immediate full mortality insurance coverage is effective upon the fall of the hammer, for the amount of the total purchase price for horses 18 years and under, specified perils for all others. The insurance, arranged by the Sale Management (Arabian Horse Times) with C. Jarvis Insurance Agency of Solon, Ohio, will remain in effect until the purchaser signs the contract or until midnight of the first business day after the sale, whichever occurs first, by which time it is the obligation of the new owner to arrange permanent insurance if desired.
15. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. THE WEBSITE, THE AUCTIONS AND ANY GOODS LISTED THEREON ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE”. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE AND/OR THE AUCTIONS AND/OR THE INFORMATION, CONTENT, MATERIALS OR GOODS INCLUDED ON THE WEBSITE AND/OR IN THE AUCTIONS. COMPANY DOES NOT IN ANY WAY GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE WEBSITE AND/OR AUCTIONS AND OPERATION OF THE WEBSITE AND/OR AUCTIONS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY’S CONTROL. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. ILLUSTRATIONS, PICTURES OR VIDEOS POSTED ON THE COMPANY’S WEBSITE AND/OR AUCTIONS ARE FOR IDENTIFICATION PURPOSES ONLY AND ARE NOT WARRANTIES OF ANY TYPE. USER ASSUMES COMPLETE AND SOLE RESPONSIBILITY FOR INSPECTION OF GOODS PRIOR TO BIDDING AND RELIES SOLELY ON USER’S OWN INSPECTION AS TO THE CONDITION AND VALUE OF THE GOODS. USER WAIVES ANY AND ALL CLAIMS AGAINST COMPANY BASED ON THE CONDITION OR VALUE OF THE GOODS. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE AND/OR AUCTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE USE OR RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. COMPANY SHALL NOT BE HELD LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE AND/OR PARTICIPATION IN ANY AUCTIONS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF USER’S USE OF OR INABILITY TO USE THE COMPANY’S WEBSITE AND/OR PARTICIPATE IN ANY AUCTIONS. USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS APPLIED TO WARRANTIES OR THE EXCLUSION OR LIMITATION FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE AFOREMENTIONED DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY APPLY. NEITHER THE WEBSITE NOR THE COMPANY SHALL BE RESPONSIBLE FOR ANY GOODS SOLD BY AUCTION, FOR ANY DAMAGE TO GOODS DURING TRANSIT OR DURING THE INSPECTION PERIOD, NOR FOR MISREPRESENTATIONS AND/OR BREACHES OF CONTRACT BY EITHER BUYERS OR SELLERS. NEITHER THE WEBSITE NOR THE COMPANY SHALL BE RESPONSIBLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR ANY LOSSES RESULTING FROM ANY GOODS PURCHASED OR OBTAINED. NEITHER THE WEBSITE NOR THE COMPANY ASSUMES ANY LIABILITY FOR THE CONTENT OF THE LISTINGS ON ANY AUCTIONS.
IN WITNESS WHEREOF, Company and User have entered into this Agreement effective upon acceptance.