Online Surplus Auction
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This Bidders Agreement ("Agreement") contains the terms and conditions applicable to bidders (sometimes referred to as "You") using the services of LightGov, LLC. an Ohio company ("LightGov" or "We"). We have the right to amend this Agreement at any time by posting the amended terms on our site. Unless otherwise stated, all amended terms shall be effective immediately. This agreement was last revised on March 1, 2009 1. Fees and Services: There are no fees for registering as a bidder and bidding on any Surplus Auction items on any LightGov managed auction site. LightGov reserves the right to charge for certain premium services as defined by LightGov. LightGov reserves the right to charge an administrative fee to any bidder resulting from defaulted bids as well as pursue legal action as described herein. Certain Procurement (Reverse) Auctions may include a nominal system usage fee as posted by the requestor in the terms and conditions of those specific Auctions. 2. Privacy: Your User ID is displayed to the public in relation to items that you bid on. Others can see your bids. Your other personal information is utilized by the sellers only in relation to items you have bid on (i.e. identification verification and coordination of item disposition). We don't sell or rent your personal information to third parties. We may disclose personal information to respond to legal requirements, enforce policy, or in cases where anyone's rights, property, or safety are in jeopardy. Such information will be disclosed in accordance with applicable laws and regulations. We use Google advertising to serve ads when you visit our website. Google may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used, visit http://www.google.com/privacy_cookies.html
. 3. Eligibility: You may only use LightGov on-line auction services if You can form legally binding contracts under applicable law and have not been barred or suspended by LightGov. LightGov maintains the right to refuse service to any party. 4. Limited Purpose: Our site allows sellers to list items for sale and potential buyers to bid on those items. We will not be involved in the actual transaction between buyers and sellers. We have no control over the items listed or the truth and accuracy of the listings, the ability of sellers to legally sell items or the ability of buyers to buy items. We cannot ensure that any transaction will actually be completed. 5. No Verification - No Authentication: While LightGov registers bidders and sellers, it cannot authenticate their identities. However, registering using false or misleading information with the intent to do harm to the site, sellers, or other buyers will be considered an act of interference with business or interstate commerce under applicable laws. 6. Release from Liability: All actual transactions take place between the bidder and the seller, and LightGov is not a party to the transaction. You release LightGov its directors, officers, employees, agents, affiliates, successors and assigns and any other parties associated with LightGov (collectively, the "Releasees") from any and all claims, including claims for attorney's fees and expenses, demands, damages, actions, causes of actions, suits of any kind and liabilities (collectively, the "Claims") that may result from your use of our services, software or applications. IN NO EVENT, SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT. 7. Indemnity: You agree to indemnify, defend and hold harmless the Releasees from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, including attorney's fees, and demands, made or incurred by any third party arising out of your breach or alleged breach of this agreement or your violation or alleged violation of any applicable law or any rights of a third party. 8. Accuracy: LightGov does not control the information provided by users that is made available through our system and accepts no responsibility for its accuracy. 9. Bidding and Buying: By bidding on an item, You agree to be bound by the conditions of sale for that item and complete the transaction if you are the winning bidder. These conditions may be listed in the item's description or linked to from the asset to the terms and conditions. This paragraph not withstanding, You are not obligated to complete a transaction that is in violation of this Agreement or unlawful. 10. Posted Information: You agree that any information You post to the LightGov site or provide to other users of LightGov is truthful and accurate; shall not be fraudulent or willfully misleading; shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of privacy; shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); shall not be defamatory, trade libelous, unlawfully threatening or harassing; shall not be obscene or contain pornography; shall not contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information from LightGov systems or those of its users; shall not create liability for us; and shall not link directly or indirectly to sites or organizations in direct or indirect competition with LightGov. 11. Access and Interference: You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of our site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 12. No Warranty: OUR WEB SITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. 13. Legal Compliance: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service. Bidding on an asset with the intent not to complete the transaction or bidding on multiple assets causing disruption to the process and not completing the transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law. 14. No Agency: We are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and LightGov by this Agreement. 15. Arbitration: This Agreement involves substantial interstate commerce. Any controversy or claim arising out of or relating to this Agreement, the breach thereof, or our services, which exceeds $10,000.00, shall, at the sole discretion of LightGov, be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be addressed on an individual basis, and shall not be consolidated with any claim or controversy of any other party. 16. Governance: Any disputes between the buyer and seller will be governed by the jurisdictional laws of the seller. Any disputes pertaining to the operability of the LightGov auction application will be governed by the laws in the state of Ohio, more specifically Mahoning County. 17. Provision of Service: The operation of the LightGov site is dependent upon numerous factors outside our control and we do not guarantee its continuous, uninterrupted, or secure operation. 18. Severability: If any provision of this Agreement is held or determined to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 19. Headings: Headings are for reference purposes only and in no way affect the interpretation of this Agreement. 20. Non-waiver: Our failure to enforce any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. 21. Entire Agreement This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 22. Binding Effect: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Any warranties, covenants and representations of the parties shall survive termination of the Agreement. 23. Exclusivity, Confidentiality: The proprietary Internet based auction system, environment and components (collectively, the "System") provided by LightGov under this Agreement are and will remain the exclusive property of LightGov. LightGov retains and reserves all rights to the proprietary intellectual property, including, but not limited to, all copyrights and trademarks, of and to the System. 24. System Requirements: Users are required to maintain the following minimum system requirements: Internet Explore 6 or higher OR Mozilla Firefox 1.5 or higher Valid E-mail Address We are not held liable for any system issues or inconsistencies that arise from not meeting the above listed requirements including but not limited to missing bids, incorrect picture displaying, and unreadable pages.