General Terms and Conditions - EDJE
Technologies, Inc. (www.edjesales.com &
www.edjecasts.com)
THE FOLLOWING DESCRIBES THE TERMS WHEREBY
EDJE TECHNOLOGIES, INC. & WWW.EDJESALES.COM
& WWW.EDJECASTS.COM OFFERS ACCESS TO OUR
SERVICES
The following terms and conditions are
applicable to all sales and purchases
through our website(s). We may amend these
terms and conditions at any time by posting
the amended terms on our site.
Eligibility to use our site.
Registering to view auctions on our site is
free upon completing the required
registration process. In order to bid on and
purchase livestock/merchandise on our site,
you must register for online bidding
approval by submitting your application to
bid. Upon approval, you will be allowed
bidding privileges at the auction. Online
bidding/buying privileges are available only
to persons who can form legally binding
contracts under applicable law. Without
limiting the foregoing, our services are not
available for minors. If you do not qualify,
please do not use our services. We may
refuse our services to anyone at any time,
in our sole discretion.
EDJEcast.com (EDJE Technologies, Inc.) is
Only a Venue. The Buyer hereby agrees and
acknowledges that (i) EDJEcast.com (EDJE
Technologies, Inc.) has no control over the
Buyers or Sellers, their identities, the
quality or accuracy of products being
offered by the Seller or the ability of the
Buyer to complete any transaction; (ii)
EDJEcast.com (EDJE Technologies, Inc.)
facilitates online participation in live
auctions but is not a party to any actual
transaction between the Buyers and Sellers;
and (iii) EDJEcast.com (EDJE Technologies,
Inc.) does not control whether an item is
actually sold and to which bidder an item is
sold.
1.
General Terms
o
Any announcements at the time of auction or
bidding will take precedence over material
previously provided.
o
Livestock/Consignments are sold FOB buyers
trucks (transportation). All shipping of any
kind shall be at Buyer’s expense.
o
All livestock/consignments sold through EDJE
Technologies, Inc. are purchased subject to
federal and state inspection.
o
Any extraordinary health certificates,
tests, or documentation required for
shipment shall be at Buyer's expense.
o
We reserve the right to postpone or cancel a
sale, without notice, if we determine in our
discretion that such action is appropriate.
o
Bids are queued by the EDJEcast.com or
EDJEsales.com host computer in the order
received. Bid positions are awarded on a
first come, first serve basis.
2. Services. The Buyer agrees and
acknowledges that (i) EDJEcast.com (EDJE
Technologies, Inc.) is not a certified
Auction House and therefore does not conduct
the Live Auctions (ii) EDJEcast.com (EDJE
Technologies, Inc.) is solely a passive
conduit to facilitate the live auctions and
communication between the buyers and Sellers
and that (iii) EDJEcast.com (EDJE
Technologies, Inc.) reserves the right in
its sole discretion to change some or all of
its services at any time.
3. No Guarantee. EDJEcast.com (EDJE
Technologies, Inc.) does not guarantee or
covenant the accuracy of the product
description or that the images used to
illustrate products are correct or do not
violate trademarks or copyrights.
EDJEcast.com (EDJE Technologies, Inc.) does
not guarantee or covenant that the Live
Auction technology, the EDJEcast.com site or
any related services will meet your
requirements or be uninterrupted or
error-free. EDJEcast.com (EDJE Technologies,
Inc.) does not guarantee real-time
performance of any service or that it will
execute all online or absentee bids.
EDJEcast.com (EDJE Technologies, Inc.) HAS
NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE
WITH RESPECT TO THE INFORMATION CONTAINED ON
THE EDJEcast.com SITE AND PROVIDES NO
GUARANTEES, COVENANTS, REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO THE SAID
INFORMATION AND ITS ACCURACY OR WITH RESPECT
TO THE INTEGRITY OR SOLVENCY OF THE
"SELLERS" WHO POST PROPERTY FOR SALE THROUGH
THE EDJEcast.com SITE.
4. NO WARRANTIES. YOU AS BUYER AGREE THAT EDJEcast.com (EDJE Technologies, Inc.) IS
NOT PROVIDING ANY WARRANTY, COVENANT OR
REPRESENTATION WITH RESPECT TO THE PRODUCTS
SOLD OR AUCTIONED THROUGH THE EDJEcast.com
SITE AND THAT ALL SUCH WARRANTIES, COVENANTS
AND REPRESENTATIONS ARE PROVIDED BY THE
"SELLER" IDENTIFIED IN THE SITE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING,
ONLY THE "SELLER" CAN PROVIDE YOU WITH
WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
YOU HEREBY ACKNOWLEDGE AS BUYER THAT THE
EDJEcast.com SOFTWARE, THE DATA ENTERED INTO
THE SOFTWARE, THE SELLER’S AUCTION
INFORMATION, OR ANY OF THE EDJEcast.com
SERVICES TO BE PROVIDED MAY BE INCORRECT, OR
MAY BE PUBLICLY AVAILABLE, OR MAY NOT BE OR
BECOME AVAILABLE DUE TO ANY NUMBER OF
FACTORS INCLUDING WITHOUT LIMITATION
PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR
UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE
OF THE SOFTWARE, ERRORS AND OMISSIONS MADE
IN UPLOADING AUCTION DATA, FAILURE OF
TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY
OR DISRUPTION ATTRIBUTABLE TO VIRUSES,
DENIAL OF SERVICE ATTACKS, INCREASED OR
FLUCTUATING DEMAND, POWER FAILURES, SYSTEM
OR SERVER FAILURE, TRAVEL DELAYS, INTERNET
FAILURE, HACKERS, AND ACTIONS AND OMISSIONS
OF THIRD PARTIES.
5. LIMITATION ON LIABILITY. YOU ASSUME ANY
AND ALL DAMAGES RESULTING FROM YOUR USE OF EDJEcast.com (EDJE Technologies, Inc.)
SERVICES AND AUCTION SOFTWARE AND THE
INFORMATION CONTAINED IN OR COMPILED BY THE
SOFTWARE, AND THE INTERACTION (OR FAILURE TO
INTERACT PROPERLY) WITH ANY OTHER HARDWARE
OR SOFTWARE WHETHER PROVIDED BY EDJEcast.com
(EDJE Technologies, Inc.) OR A THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL
EDJEcast.com (EDJE Technologies, Inc.) , ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS
AFFILIATES, THE EDJE TECHNOLOGIES, INC., ITS
SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, LOSS OF GOODWILL; WORK
STOPPAGE; HARDWARE OR SOFTWARE DISRUPTION
IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME
VALUE OR OTHER PECUNIARY LOSS) ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT OR
THE USE OR INABILITY TO USE THE EDJEcast.com
(EDJE Technologies, Inc.) SERVICES AND
SOFTWARE, OR THE INCOMPATIBILITY OF THE
SOFTWARE WITH ANY HARDWARE SOFTWARE OR
USAGE, OR NEGLIGENCE OF EDJEcast.com (EDJE
Technologies, Inc.) OR OF ANY OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS
AFFILIATES, ITS SUPPLIERS OR LICENSORS.
7. Bidder Services. EDJEcast.com (EDJE
Technologies, Inc.) offers Buyers the
opportunity to participate online as bidders
in live auctions run by professional
auctioneers and to compete with other online
bidders and traditional on-site bidders
("Bidder Services"). EDJEcast.com (EDJE
Technologies, Inc.) reserves the right, in
our sole discretion, to add, delete or
change some or all of our services at any
time without notice.
8. No Cost. Currently, use of EDJEcast.com
(EDJE Technologies, Inc.) Bidder Services
is free. EDJEcast.com (EDJE Technologies,
Inc.) reserves the right, in our sole
discretion and upon reasonable notice, to
charge for Bidder Services in the future.
9. Eligibility for Specific Auctions.
Sellers may have different standards for
approving individual auction participants,
you may be required to apply for and obtain
approval to participate in a specific
auction. Approved Buyers will receive a
Bidder Number. Approval to participate in
one auction does not guarantee approval to
participate in any other auction. EDJEcast.com (EDJE Technologies, Inc.) and
each Auction House reserve the right to
refuse to approve any person applying to
participate in any auction.
10. Auction Dates and Times. Auction dates
and times are set by the Seller and are
subject to change without notice.
11. Bidder Information. Bidder Information
includes any information you provide to us
during the registration or bidding, in any
public message area or through any email
feature. You hereby represent and warrant
that your Bidder Information: (a) is true
and accurate.
12. Bids. By placing a successful bid, you
are entering a binding agreement between
yourself and the Seller. Bids for a
particular item are subject to a minimum bid
increment as posted. If you bid an amount
below the minimum increment your bid will
not be accepted. If you bid an amount
between increments, EDJEcast.com (EDJE
Technologies, Inc.) will automatically
round your bid down to the nearest
increment. Once accepted, bids may not be
retracted or cancelled and, upon acceptance
by the Seller, constitute a binding
agreement between the Buyer and Seller. Bids
for an item do not apply to subsequent
offerings of identical or similar items. A
bid that was unsuccessful may be reinstated
if a problem arises with a higher bid.
13. Release. Because EDJEcast.com (EDJE
Technologies, Inc.) is not a party to any
actual transaction between bidders and
Auction Companies, in the event that you
have a dispute with one or more Auction
Companies arising out of your use of Bidder
Services, you hereby release EDJEcast.com
(EDJE Technologies, Inc.), its agents,
employees, officers and directors from any
claims, demands and damages (whether direct
or indirect) of any kind and nature, known
and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or
in any way connected with such disputes.
14. No Agency. This Agreement does not give
rise to any agency, partnership, joint
venture, employee-employer or
franchisor-franchisee relationship between
yourself and EDJEcast.com (EDJE
Technologies, Inc.) .
15. Assignment. You will not assign or
transfer this Agreement, or any of its
rights and obligations hereunder without EDJEcast.com (EDJE Technologies, Inc.) prior
written consent.
16. Contact Information. Should you have any
questions concerning this Agreement, or if
you desire to contact EDJEcast.com (EDJE
Technologies, Inc.) for any reason, please
call (866)-839-3353. |