AGRICREDIT ON-LINE AUCTION WEBSITE
TERMS OF USE
Introduction
Welcome to the Agricredit Acceptance LLC online auction Website and thank you for reviewing our Terms of Use. These Terms of Use apply to your use of the Website and services (the “Site”) owned and operated by Agricredit Acceptance LLC and affiliated companies (collectively, “Company,” or “we,” “us,” or “our).
Agreement
By accessing, using, browsing, or placing a bid on this Site you agree that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws, rules and regulations.
Eligibility
We offer our Site and its services only to people who, and parties that, reside in the United States of America or Canada and may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable laws, statutes and regulations regarding use of this Site.
These Terms of Use may be revised from time to time. If we revise these Terms of Use, we will post the revised version on this Site. The revisions will be effective immediately. Please re-read these Terms of Use in the future from time to time for changes. By using this Site after we have changed the Terms of Use, you will be deemed to have accepted the changes. If, for any reason, you do not agree to abide by our Terms of Use, please do not use the Site.
Further, we may change our Site at any time to add or remove features, services or auctions in our sole discretion, and without liability to any user.
Site Integrity
You are prohibited from using any mechanism, device, software, script, or routine to affect the proper functioning of the Site or any service on the Site.
You may not take any action that places an unreasonable burden or excessive load on our system. You agree not to infect our Site with any computer programming routine (e.g., any virus, worm, time bomb, cancelbot or trojan horse) that may damage, interfere with, delay, intercept or expropriate any system, data or personal information.
In order to ensure that we provide highly quality services to all our users, we reserve the right to investigate potential abuses of these Terms of Use and, where we deem it appropriate, we may contact law enforcement officials to investigate. We will not disclose the existence or occurrence of an investigation unless required by law.
We reserve the right, in our sole and absolute discretion, to suspend or terminate your right to access our Site if we learn that you have provided us with false or misleading information, interfered with other users or the administration of our services, or violated, or attempted to violate these Terms of Use.
Conduct of Auction; Rights Reserved
All items of personal property listed on this Site are available for purchase. The items listed on this Site include property owned by Company and property that is not owned by Company but may be available for purchase in a private foreclosure sale pursuant to the Company’s rights as a creditor under Article 9 of the Uniform Commercial Code (“UCC”). Each item not owned by Company is subject to the rights of the owner of that item under Article 9 of the UCC including, without limitation, the exercise of the right of redemption at any time until the item is sold.
You may place proxy bids on any listed item. A bid submitted by you through this Site is your offer to purchase the listed item for cash in the amount of your bid. Company reserves the right to accept, dismiss or not accept any bid, in its sole discretion, at any time whether during or following the conclusion of the auction. Company reserves the right to accept or reject any bid notwithstanding the bid having met or exceeded any reserve price established by Company.
Items may be listed as available for spot purchase at an identified price. Your bid on such an item will constitute an offer to purchase it at the listed price. Upon Company’s acceptance of your offer and receipt of payment in full, the sale will be final. Payment in full must be received within 10 days from date of notification to the winning bidder.
In the event a Site outage occurs beginning while an auction is live and continues past the stated close of the auction, Company may recognize the last bid recorded before the outage as the final bid on the item, continue the auction following recovery of service for a period of time equal to the outage, reject all bids and open a new auction for the item, or take such other action as Company deems appropriate in its sole discretion.
The successful bidder of each auction will be notified by email. This notification does not constitute Company’s final acceptance of your bid. Following the conclusion of each auction, the successful bidder will be contacted by a representative of the Company to certify that the bidder is “bona fide” and is able to complete the transaction and to arrange for payment of the purchase price. Only upon receipt of payment is the sale final.
All payments must be made in United States funds on the terms as agreed to by Company and the purchaser. All taxes owed on purchases are the obligation of the purchaser.
Warranties: Limitation of Liability and Indemnity
We may modify or discontinue the Site or any of the services or features of the Site, including specific auctions, with or without notice, without liability to you, any other user or any third party for any reason. You understand and agree that the Site and its services are provided on an “AS IS” and “AS AVAILABLE” basis. We assume no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications.
You understand and expressly agree that: (1) use of the Site and its services is solely at your risk, (2) any data downloaded or otherwise obtained through the use of the Site is at your own discretion and risk and (3) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
THE SITE AND ALL PROPERTY LISTED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY LISTED ON THE SITE, OR ANY TRANSACTIONS THAT MAY BE CONDUCTED IN CONNECTION WITH THE SITE, FOR GREATER CERTAINTY AND WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY, AFFIRMATION, OR PROMISES RELATING TO TITLE, POSSESSION, QUIET ENJOYMENT OR THE LIKE AND COMPANY SPECIFICALLY DISCLAIMS:
(1) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (2) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR OPERATE WITHOUT ERROR; (3) ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE; (4) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF COMPANY; AND (5) THE ACCURACY OF INFORMATION POSTED ON THE SITE.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL SUCH WARRANTIES.
COMPANY MAKES NO WARRANTY, AFFIRMATION OR PROMISES AS TO ANY PROPERTY LISTED ON THIS SITE OR THE CONDITION, QUALITY OR OPERATING CHARACTERSTICS OF ANY PROPERTY LISTED ON THIS SITE OR AS TO ANY PRIOR USE OF ANY PROPERTY LISTED ON THIS SITE AND THE PURCHASER OF ANY PROPERTY LISTED ON THIS SITE ASSUMES ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF ANY PROPERTY LISTED ON THIS SITE.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE INABILITY TO USE THE SITE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE, FAILURE OF A BID TO BE RECEIVED, RECORDED OR ACCEPTED, MESSAGES RECEIVED, OR TRANSACTIONS IN CONNECTION WITH THE SITE.
You agree to indemnify, defend at your expense, and hold harmless Company, its affiliates or related entities, and its service and content suppliers, and the members, managers, officers, directors, employees, consultants and agents of each of them, from any and all claims, liability, damages and/or costs, including, but not limited to, attorneys fees, arising from your use of our services, your violation of the Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of Company, Company’s affiliated and related entities, service and content suppliers, successors, assigns and licensees.
Limited License and Ownership
Company grants a limited license to each user of this Site to make personal use only of the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of any participant information, listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the property for purposes of considering a bid.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Company, an affiliate or related entity of Company, or its content or service suppliers, and is protected by U.S. copyright laws and international conventions. As between you and us, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Company and is protected by U.S. copyright laws and international conventions. All software used on this Site is the property of Company or its software suppliers and is protected by U.S. copyright laws and international conventions. The content and software on this Site may be used solely as a source of information on the listed items available for sale and the placement of bids on those items. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site is strictly prohibited.
Trademarks
Agricredit Acceptance LLC owns the Agricredit name and mark. Company’s graphics, logos and service names are trademarks of Company. These trademarks may not be used in connection with any product or service that is not a product or service of Company, in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits Company.
Additional Terms Applicable to Canadian Users
In the event you are a successful bidder and import the purchased personal
property into Canada:
A. you will be liable for all export and import licenses, permits and
approvals. We shall have no responsibility for exporting the personal property
from the United States nor the importation of the products into Canada;
B. you agree that we have not included in the sales price and you are
responsible for paying and remitting all applicable excise taxes, customs duties,
sales and use taxes, and other taxes including without limitation value-added
taxes (including the Goods and Services Tax and the Harmonized Sales Tax or any
success or tax), and provincial retail sales taxes;
C. you represent and agree that you are purchasing personal property from the
United States and that the sale is deemed to occur in Johnston, Polk County, Iowa;
and
D. you agree that if the personal property will be shipped to Canada, you are
responsible for shipment to the Canadian destination in compliance with the laws
of such destination and the United States and that there will be no re-export or
diversion from such specified destination.
Applicable Law
The Terms of Use will be governed by and construed in accordance with the laws of the State of Iowa, United States of America, without giving effect to its conflict of laws provisions or your actual state or country of residence, and by using this Site you consent to the exclusive jurisdiction of the courts of the State of Iowa, U.S.A. The provisions of the Uniform Commercial Code as adopted by the State of Iowa, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
The Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Headings used in these Terms of Use are for convenience only and are not to be relied upon. Company’s failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of these Terms of Use, will not constitute a waiver of Company’s right to exercise such rights or remedies or enforce such provisions or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of these Terms of use by Company must be made in writing and signed by an authorized representative of Company specifically referencing these Terms of Use and the provision to be waived.
Further Inquiries
You may direct questions about these Terms of Use, or other issues, to:
AGRICREDIT ACCEPTANCE, LLC
8001 Birchwood Court
Johnston, Iowa 50131-2930
Attn: Asset Management
fb.us.1776282.03