These Website Terms and Conditions of Use (“Terms”) apply to and govern your use of the iBiD Machinery web site (the “Site”) and any services that may be provided by or registered with iBiD Machinery through the Site by you (“Services”). Additional Terms and Conditions – the Master Buyer Agreement and the Master Seller Agreement — apply if you register to sell or buy on the auction site. In these Terms, the terms “we” or “us” also refer to iBiD Machinery.
iBiD Machinery provides an online platform where Buyers and Sellers can interact and buy or sell different types of items. iBiD Machinery does not buy or sell these items, nor do we act as an agent between the Buyers or Sellers. iBiD Machinery does not take title of the item(s) nor do we participate in the transaction between the Buyer and Seller.
iBiD Machinery does not Own or Verify the accuracy of the Auction listing(s) and is in no way liable for the accuracy of listing, safety of item, truth of listing or legality of listing. iBiD Machinery provides a platform to conduct a transaction. iBiD Machinery is not a “New” or “Used” equipment Distributor nor do we service any Auction items.
- License to Use the Site and Services; Restrictions
iBiD Machinery grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Services and the materials (“Content”) thereon for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of iBiD Machinery. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any Content contained on this Site or Services. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photo reproduction, recordation or otherwise.
You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses, trojan horse, or time bombs, spyware, cancelbots, Easter eggs, or the means expressly prohibited by any provision of these Terms. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any Content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on iBiD Machinery’s infrastructure.
The content, Site, and Services are also protected by the United States and international intellectual property laws including, without limitation, copyright, trademark, trade secrets, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). Or its licensors own all Intellectual Property Rights in and to the Content, Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any Content. IBID MACHINERY is the logo, trademark and service mark of IBiD Machinery, LLC.
- Termination or Change to Site or Services
iBiD Machinery shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, without notice to you. iBiD Machinery may also impose limits on certain features and services, or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that iBiD Machinery may terminate your use of this Site and the Services, cancel your user registration, remove your Communications (as defined below), and/or exercise any other remedy available to it, if iBiD Machinery reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of iBiD Machinery or any third party, or for any reason with or without notice to you. You agree that iBiD Machinery will not be held liable to you or any third party as a result thereof.
- Third Party Content and Websites
As further explained below, some of the Content on the Site is contributed by third parties. iBiD Machinery does not represent or guarantee the truthfulness, accuracy, or reliability of any such Content. ANY RELIANCE UPON CONTENT POSTED ON THE SITE OR SERVICES BY THIRD PARTIES IS AT YOUR OWN RISK.
The Site and some Services may contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third-party sites do not constitute an endorsement by iBiD Machinery or any of its subsidiaries and affiliates of any third party, its site, resources or content. iBiD Machinery cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive or that any third-party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.
- iBiD Machinery’s Rights to Materials Provided by Users
iBiD Machinery welcomes your participation on the iBiD Machinery Site and Services. By sending messages to iBiD Machinery, uploading or posting files, images, text, data, content, or other materials on the Site, or by otherwise providing information or communications to iBiD Machinery (individually or collectively “Communications”) to or within the Site or Services, you grant to iBiD Machinery, its affiliates, successors and assigns, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all Intellectual Property Rights in any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by iBiD Machinery of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against iBiD Machinery for any alleged or actual infringements or misappropriation of any Intellectual Property Rights in connection with such Communications. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.
You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to iBiD Machinery, or that you have sufficient rights in and to the Communications to grant to iBiD Machinery the above license.
- No Responsibility for User-Transmitted Material
You acknowledge that Communications to and from this Site and any Services are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to iBiD Machinery or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and iBiD Machinery, any iBiD Machinery affiliate, or subsidiary other than pursuant to these Terms. iBiD Machinery shall not be responsible for the payment of any money to any party in connection with iBiD Machinery’s use of Communications submitted by you to the Site.
- Monitoring, Editing and Disclosure of User Material
You agree that iBiD Machinery has the right, but not the obligation, to monitor your Communications on the Site or Services at any time for any reason, in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that iBiD Machinery may establish. Notwithstanding this right of iBiD Machinery, iBiD Machinerydoes not and cannot review all materials posted to the Site or Services by users. iBiD Machinery reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication, in whole or in part, in its sole discretion, including, without limitation, as may be necessary to comply with any law, regulation, government or agency request or if, in iBiD Machinery’s sole discretion, such materials are objectionable or in violation of these Terms. IBID MACHINERY HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
- User Conduct
- Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
- Disrespecting the privacy or views of other users;
- Using iBiD Machinery, the Site, or the Services for unlawful purposes or to promote any unlawful activities;
- Impersonating another person, allowing another person to use your identification to post or view comments, or soliciting passwords or personal identifying information from other users;
You agree to indemnify, defend and hold harmless iBiD Machinery, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys’ fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. iBiD Machinery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of iBiD Machinery.
- Disclaimer of Warranties
iBiD Machinery does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. iBiD Machinery reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER IBID MACHINERY NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, iBiD Machinery is not responsible for those costs.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.
- Limitation of Liability; Exclusion of Damages
iBiD Machinery is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications they provide for submission to the Site or Services. iBiD Machinery disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. iBiD Machinery is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services.
UNDER NO CIRCUMSTANCES SHALL IBID MACHINERY LLC, ITS SUBSIDIARIES, AFFILIATES OR THEIR LICENSORS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGE, TO PERSON OR PROPERTY, INCURRED DURING THE INSPECTION OF LOTS, RIGGING, PREPPING, REMOVAL, TRANSPORT, UNLOADING, RE-ASSEMBLY, INSTALLATION OR OPERATION IN RELATION TO ITEMS OR MACHINERY REFERRED TO OR LISTED ON THE IBID MACHINERY WEBSITE.
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENCIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THESE TERMS, THE CONTENT, THE SITE, OR SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN UNAUTHROIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF IBID MACHINERY, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Non-United States Residents
iBiD Machinery makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- User Information
The provisions titled “Ownership” “Changes to Site or Services; Termination” “Third Party Content and Websites” “iBiD Machinery’s Rights to Materials Provided by Users,” “No Responsibility for User-Transmitted Material,” “Copyright Policy” “Monitoring, Editing and Disclosure of User Material,” “Indemnification,” “Disclaimer of Warranties,” “Limitation of Liability; Exclusion of Damages,” “Non-United States Residents” “User Information,” “Survival” and “General Provisions” will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.
- General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Cherokee County in the State of Georgia and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and iBiD Machinery with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or iBiD Machinery of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to iBiD Machinery must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.