AllequipmentAuctions.com
Terms and Conditions
Welcome to Allequipmentauctions. By using the services on the Allequipmentauctions.com websites you are agreeing to the following terms of our User Agreement and the general principles for the websites. Before you may become a member of Allequipmentauctions.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement by accepting this User Agreement, you also agree that your use of some Allequipmentauctions.com-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and sub domains is always the agreement that appears in the footer of each website. The following describes the terms on which Allequipmentauctions.com offers you access to our services.Please read the following pages carefully, as they contain the Terms and Conditions of Use that will govern your use of the AllEquipmentAuctions web site. These Terms and Conditions constitute a legally binding agreement between you and AllEquipmentAuctions. Use of the AllEquipmentAuctions web site at http://www.allequipmentauctions.com will be considered acceptance of these Terms and Conditions. It is your responsibility to carefully read these Terms and Conditions before using this site. If you do not wish to be bound by the Terms and Conditions contained in the following pages, please do not use the Allequipmentauctions web site.Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. Allequipmentauctions has the right to alter this agreement or these Terms and Conditions at any time. This may be done by updating the pages you are looking at now. Please visit this page periodically in order to check the changes that may have been made to these Terms and Conditions, particularly before you participate in an auction. Every time you use this site, you are agreeing to the Terms and Conditions as they exist at that time.This Agreement is effective on August 21, 2007 for current users, and upon acceptance for new users.
Liability
You will not hold Allequipmentauctions.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Allequipmentauctions.com of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Allequipmentauctions.com. cannot and will not be liable for any loss or damage arising from your failure to comply with this.Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your consent. We use your information only as described in the Allequipmentauctions.com Privacy Policy.Content Agreement
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.Outage Policy
It is or highest priority to keep a smooth process. However, the Allequipmentauctions.com site occasionally experiences outages during which bidders cannot place bids or effectively locate items via our Title Search function. When outages occur we will work hard to restore service as soon as possible and apologize for member inconvenience.Reporting and Investigating
The Allequipmentauctions.com Investigations team tries to resolve reported cases of inappropriate trading behavior. Allequipmentauctions.com will consider the circumstances of an alleged offense and the user's trading record before taking action. Disciplinary action may range from a formal warning up to indefinite suspension of a user's account. However, out of fairness to all users, if a complaint cannot be proven with certainty, Allequipmentauctions.com will not take action. We retain the right to decide what we investigate or not.
General Rules and Member Conduct
There are general rules that all members need to know. These rules are created to protect you and to keep Allequipmentauctions.com a safe place.
Allequipmentauctions.com members cannot:
- Interfere with the Allequipmentauctions website
- Infringe on Allequipmentauctions intellectual property
- Continue to use Allequipmentauctions.com if a member’s account is suspended
- Make offers to but or sell outside of Allequipmentauctions.com
- Post ads, except in the correct section of Allequipmentauctions.com
- Must be at least 18 years old
- Cannot misrepresent their identities
- Must always provide valid and complete contact information and must always have a valid email address
- Cannot publish the contact information of other members in an online public area
- Must choose their User ID according to Allequipmentauctions.com rules
- Cannot misuse the allequipmentauctions.com email forwarding system to send spam or email threats
While using the Sites, you will not:
Post content or items, in an inappropriate category or areas on the Sites. Violate any laws, third party rights, or our policies. Use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites. Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity. Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. Manipulate the price of any item or interfere with other user's listings. Circumvent or manipulate our fee structure, the billing process, or fees owed to Allequipmentauctions.com. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information. Take any action that may undermine the feedback or ratings systems. Transfer your Allequipmentauctions.com account (including feedback) and User ID to another party without our consent Distribute or post- spam, chain letters, or pyramid schemes. Distribute any other technologies that may harm Allequipmentauctions.com, or the interests or property of Allequipmentauctions.com users. Copy, modify, or distribute content from the Sites and Allequipmentauctions.com's copyrights and trademarks. Harvest or otherwise collect information about users, including email addresses, without their consent. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Allequipmentauctions.com and the appropriate third party, as applicable. Interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
Violations of this policy may result in a range of actions, including:
Listing cancellation. Limits on account privileges. Account suspension . Forfeit of Allequipmentauctions.com fees on cancelled listings. Referral to Law Enforcement. Forfeit of Allequipmentauctions.com fees on cancelled listings.
Rules for Buyers
Allequipmentauctions.com's policies are rules and guidelines that help to create a safe, fair and enjoyable trading environment for all Allequipmentauctions.com members. As a buyer, you are responsible for reviewing and understanding Allequipmentauctions.com’s policies, as well as all applicable laws and regulations as outlined in the User Agreement.Allequipmentauctions.com’s policies are intended to:- Support government laws and regulations.
- Minimize risks to buyers and sellers.
- Provide equal opportunity to all buyers.
- Provide an enjoyable buying experience.
- Support the values of the Allequipmentauctions.com.
- Commit to purchasing an item (either by winning the item) without paying.
- Bid with no serious intention of buying. Most of the items on Allequipmentauctions.com are auction-like listings and each bid is a binding contract.
- Misuse the bid retraction option to manipulate the bidding process.
- Bid on or buy an item when they do not meet the seller’s terms as outlined in the item listing, or bid or buy with the intention of disrupting a listing.
- Engage in Shill bidding to artificially increase an item’s price or apparent desirability. Bidders on an item must be wholly independent from the seller of that item.
Both buyers and sellers cannot interfere with a transaction or offer to buy or sell listed items outside of the Allequipmentauctions.com site.
To report a policy violation:
You can also report a violation by clicking the “Contact Us” link on the left side of any Help page.Note: Only report a case once. After your report is received:
- Allequipmentauctions.com will consider the circumstances of an alleged offense and the member’s trading record before taking action.
- If a complaint can't be proven with certainty, Allequipmentauctions.com may take no action.
- Due to privacy issues, it is not possible for Allequipmentauctions.com to discuss the results of an investigation.
Unpaid Item Policy
Buyers automatically enter into a legally binding contract to purchase the item from the seller if they win the online auction or use the Buy It Now feature. Allequipmentauctions.com's Unpaid Item policy requires buyers to pay the seller for the items that they commit to purchase.Sellers can file an unpaid dispute with Allequipmentauctions.com for each of their items that are purchased but not paid for. Allequipmentauctions.com will issue a strike on the account of the buyer who does not honor their obligation to pay (unless the buyer and seller mutually agree not to complete the transaction).Note: If a buyer gets too many strikes in too short a time period, their account will be suspended indefinitely. In some cases, limits may be placed on the buyer’s account in advance of suspension.Non-binding Bid Policy
Certain Allequipmentauctions.com online auctions involve non-binding bids. Non-binding bidding is not a contract between seller and buyer. However, non-binding bids represent a buyer’s serious expression of interest in buying the seller’s item. Furthermore, insincere bidding is not permitted.Invalid Bid Retraction Policy
A bid is a binding contract. Except under special circumstances, bid retraction is not permitted. Furthermore, misuse of the bid retraction option to manipulate the bidding process is not permitted. This includes any manipulation of the bidding process to discover the maximum bid of the current high bidder or to uncover the reserve price.Unwelcome and Malicious Buying
Buyers who do not meet the seller’s terms as outlined in the item listing are not permitted to bid on or buy the item. Furthermore, buyers are not permitted to place bids or purchase items with the primary intent of disrupting a listing.Sellers are permitted to exclude bidders at any time prior to the listing close and are free to cancel unwelcome bids. After a seller has cancelled a bid, the bidder may not place a new bid without the seller's permission.Shill Bidding
Shill Bidding is bidding that artificially increases an item’s price or apparent desirability, or bidding by individuals with a level of access to the seller’s item information not available to the general Community. Shill Bidding is prohibited on Allequipmentauctions.com.Allequipmentauctions.com strongly encourages sellers with employees to ensure that their employees are aware of this policy and the possible consequences of violation.If you believe that another member is artificially raising the price or desirability of an item by shill bidding please report it to Allequipmentauctions.com. Please be sure to provide the user IDs and the item numbers in questionRules for Sellers
Allequipmentauctions.com's policies are rules and guidelines that help to create a safe, fair and enjoyable trading environment for all Allequipmentauctions.com members. As a seller, you are responsible for reviewing and understanding Allequipmentauctions.com’s selling policies, as well as all applicable laws and regulations as outlined in the User Agreement.
Every seller must know the rules on and follow:
- Prohibited and restricted items – What items can and cannot be listed
- Intellectual Property – Items and listings that have the potential of violating certain copyrights, trademarks, or other rights. Intellectual property owners can report listings as part of Allequipmentauctions.com’s
- Rules for listings – Actions that are not allowed in listings
- Sellers must honor the transaction contract. Sellers cannot fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale.
- Sellers must not bid on their own item, or have family members, roommates or employees bid on their item.
- Sellers must pay relevant fees and taxes.
- Both buyers and sellers cannot interfere with a transaction or offer to buy or sell listed items outside the Allequipmentauctions.com site.
Rules for Listings
Allequipmentauctions.com has established a set of rules and policies for item listings. These restrictions involve how certain items are described, and practices that would provide an unfair advantage or result in a negative buyer experience.Learning about Allequipmentauctions.com's listing policies before you list an item will help you to avoid unintentionally breaking rules.
Listings must not misrepresent items.
Except as noted in the specific policy as exceptions, sellers cannot:
- List items in inappropriate categories
- Misrepresent the item location from which their item will be shipped
- Include brand names or other inappropriate keywords in a title or description
- Have misleading titles that do not accurately describe the item for sale
- Offer a catalog from which buyers may directly order
- Allow buyers a choice of items
- Exceed Multiple listing limits
- List a single item but offer additional identical items for sale in the item description
- Include separate payment surcharges that buyers pay to use ordinary forms of payment
- Misuse the reserve price option
- Charge excessive shipping
- Offer the opportunity through Allequipmentauctions.com to purchase the item or other merchandise outside Allequipmentauctions.com
- Use their Allequipmentauctions.com website to promote outside-of-Allequipmentauctions.com sales or prohibited items.
Sellers cannot:
- Solicit buyers to mail cash or use other payment methods not specifically permitted by Allequipmentauctions.com as accepted payment methods..
- Communicate to buyers that they accept, or will not accept, specific forms of Online Payment Plans.
- Include links that do not conform to Allequipmentauction.com’s policies. Types of links that are included are links to further Photos and descriptions, email address, terms and conditions, and Allequipmentauctions.com stores.
- Use certain types of HTML and JavaScript in Allequipmentauctions.com, item listings Stores pages, ads.
- Promote prizes, giveaways, drawings, and raffles
- Create a listing that does not offer an item or service.
- Advertise a desire to buy or trade items, except as allowed in Allequipmentauctions.com’s other services.
- Include third party endorsements of Allequipmentauctions.com’s members..
- Use profanity in a listing.