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Member: ?   [sign in] Time: March 10, 2010 / 01:03 AM CST

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USER AGREEMENT

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THIS AUCTION SITE OFFERS YOU ACCESS TO OUR SERVICES. BY USING AND CONTINUED USE OF THIS SITE, YOU ARE IN AGREEMENT WITH THE TERMS AND CONDITIONS BELOW. WE RESERVE THE RIGHT TO MODIFY OR CHANGE THESE CONDITIONS AT ANY TIME. PLEASE REVIEW THIS PAGE FREQUENTLY.

· Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. 1. Bidding. Bidding on an item is an irrevocable offer to buy the item at the price in the bid, provided the bidder's offer is the high bid, or in the case of a Dutch auction, a winning bid at the close of the auction. A losing bidder may choose to make good on a bid, if offered the item by the seller, but the losing bidder is under no obligation to do so. If you have any questions about the item, have them answered by the seller prior to making your bid. Please read the listing carefully or email the seller if you have any questions.All bids are made in increments and are subject to a minimum bid, as posted for each item. 2. Listing. Placing an item for auction is an offer to sell an item to the highest bidder. When listing items, we ensure that the items listed for auction do not infringe upon the copyright, trademark or other rights of those third parties.The sale of item(s) on this auction site: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 3. System Abuse. This auction site reserves the right to refuse service to anyone. We will exercise this right with "problem" buyers who win auctions often and are not buying.Without limiting any other remedies, this auction site may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. 4. Bid Manipulation. Bid manipulation of any kind is expressly forbidden. The seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item. 5. Bid Cancellation. All bids are non-cancelable once submitted. 6. Technical Difficulties. This auction site is not responsible for bids not being processed or not being accepted due to technical difficulties. 8. Illegal Items. You, as a Member of this site agree that all transactions do not violate any applicable state, federal and/or international laws. 9. Changing Categories. This auction site reserves the right to move listings from one category to another as appropriate. We will only do this when our staff feels this is necessary. 10. Spam. Users agree to refrain from "spamming" (sending unsolicited commercial email to other users). 11. Registration. Members agree to provide true and accurate information about him/herself in the registration form.It is a violation of law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us, which can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, both the FBI and the US Secret Service are responsible for investigating all Internet fraud cases. 12. Payments And Fees. Any and all payments to this auction site for its services are non-refundable.Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time. 13. Scheduled Maintenance. We will have a scheduled maintenance every Monday from 4:00 am - 6:00 am Eastern Time. This may or may not cause system downtime. 14. Termination. This auction site may, at its sole discretion, terminate Service should Member's conduct fail to conform to this User Agreement or other rules of this site. 15. Feedback. You may not take any actions which may undermine the integrity of the feedback system, such as: leaving negative feedback if a user fails to perform some action that is outside the scope of the auction (feedback extortion). If you earn a substandard feedback rating your membership may automatically terminate, and you will be unable to bid. 16. To report a violation of this auction site's rules, please email the administrator. Terms of Use and Service · ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE Rdoauctions.com ("Service"), owned and operated by this Auctions Owner ("RDO Equipment Co"), is provided to you under the following Terms of Service and any operating rules or policies that may be published by this Auction Site. The Terms of Service comprise the entire agreement between Member and this Auction Site and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, you are indicating your agreement to be bound by all of these Terms of Service. · DESCRIPTION OF SERVICE This Auction Site is providing Member with an auction service to buy personal property. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants this Auction Site the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs this Auction Site, or any other person, Member may specifically designate to disclose such information through the Service as provided by the Service, or (2) this Auction Site is required to disclose such information by any applicable law or legal process served on this Auction Site. If any information provided by Member is incomplete or inaccurate, this Auction Site retains the right to terminate Member's membership and rights to use the Service.· MODIFICATIONS TO TERMS OF SERVICE This Auction Site may change these Terms of Service from time to time. Upon any change in these Terms of Service, we will notify you by email. · Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of these Terms of Service and any modifications; and (2) agreement by Member to abide and be bound by these Terms of Service and modifications. · MODIFICATIONS TO SERVICE This Auction Site reserves the right to modify or discontinue the Service with or without notice to Member. This Auction Site shall not be liable to Member or any third party should this Auction Site exercise its right to modify or discontinue the Service. · rdoauctions.com OBLIGATIONS Member acknowledges and agrees that this Auction Site does not warrant or guarantee items sold through the Service. Member acknowledges and agrees that this Auction Site is not responsible for any hidden damages or defects of items listed for sale. All items are sold “as is where is” FOB the location of storage. All items listed on the auction site will be available for inspection prior to, and during, the auction.ACCOUNT, PASSWORD, AND SECURITY Once you become a member of the Service, you will receive a user ID and a password. You are entirely responsible if you do not maintain the confidentiality of your user ID and password. Furthermore, you are entirely responsible for any and all activities, which occur under your user ID and password. Member agrees to immediately notify this Auction Site of any unauthorized use of Member's user ID or any other breach of security known to Member. · DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. This Auction SIte EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.Emaze.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES rdoauctions.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Emaze.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM Emaze.com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. · LIMITATION OF LIABILITY rdoauctions.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Emaze.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. · NO RESALE OR COMMERCIAL USE OF THE SERVICE Member's right to use the Service is personal to Member. Member agrees not to resell or make any commercial use of the Service, without the express written consent of rdoauctions.com, Inc. · OTHER LIMITATIONS This Auction Site retains the right, at our sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of these Terms of Service and User Agreement. This Auction Site reserves the right to terminate service if a Member's conduct is found to be inconsistent with these Terms of Service and User Agreement. · MEMBER CONDUCT Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. This Auction Site may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these Terms of Service and User Agreement. · INDEMNIFICATION Member agrees to indemnify and hold this Auction Site, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of these Terms of Service by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity. · TERMINATION Should Member object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify this Auction Site of termination. · PARTICIPATION IN PROMOTIONS OF ADVERTISERS Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. This Auction Site assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. · LAWS These Terms of Service shall be governed by and construed in accordance with the laws of the state of North Dakota. Member and this Auction Site agree to submit to the exclusive jurisdiction of the courts. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Auction Site's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by this Auction Site in writing. Member and this Auction Site agree that any cause of action arising out of or related to this Service must commence within one (1) month after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance



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