West Auctions - Site Terms

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West Auctions - User Agreement
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1.ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE

YOU MUST READ THESE WEST AUCTIONS TERMS AND CONDITIONS ("TERMS") CAREFULLY. 

WEST AUCTIONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("WEST AUCTIONS")
PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY
OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"),
SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN WEST
AUCTIONS AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING A BID, AN ORDER OR MAKING
A LISTING THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER;
AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL
OF THESE TERMS, DO NOT USE THIS WEBSITE. IN CONSIDERATION OF YOUR USE OF THE
SERVICE, YOU REPRESENT THAT YOU ARE NOT A MINOR IN ANY JURISDICTION, YOU ARE OF
LEGAL AGE TO FORM A BINDING CONTRACT AND ARE NOT A PERSON BARRED FROM RECEIVING
SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. YOU
HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND
CONDITIONS OF THIS USER AGREEMENT AND ALL AGREEMENTS INCORPORATED BY REFERENCE.

These Terms may be updated by us from time to time without notice to You. You can
review the most current version of the Terms at any time at www.westauction.com.
This Agreement was last revised on July 19 2007. If You have any questions regarding
this Agreement, please contact info@westauction.com.


2. ACCESS TO WEBSITE MATERIALS AND SERVICES

This West Auctions website ("Website") includes without limitation all information, documents,
communications, files, text, graphics, software, and products available through
the Website (collectively, "Materials") and all services, including auction
services ("Auctions") operated by West Auctions and third parties through the Website
(collectively, the "Services"). West Auctions controls and operates its Website from various locations and makes no
representation that this Website is appropriate or available for use in all
locations. West Auctions Materials and Services may not be available in Your
location, and deliverables may vary among locations. If You are using the
Website on behalf of Your employer, You represent and warrant that You are
authorized to accept these Terms on Your employer's behalf, and that Your
employer agrees to indemnify You and West Auctions for violations of these
Terms. The West Auctions Services, including its Auctions for equipment and
other items (collectively "Items" or "Auction Items") are provided by West
Auctions to You subject to the terms and conditions set forth in these Terms.
As an auction company, West Auctions, LLC has a bond (#7154945) on file with
the Secretary of State, CA. In
addition, when using particular West Auctions owned or operated Services, You
and West Auctions shall be subject to any posted guidelines or rules applicable
to such Services, which may be posted from time to time on the Website. 


3. YOUR OBLIGATIONS AND CONDUCT

In consideration of Your use of the Website, You agree to: (a) provide accurate,
current, and complete information about You as may be prompted by a
registration form on the Website (the "Registration Data"); (b) maintain the
security of Your password and identification; (c) maintain and promptly update
the Registration Data, and any information You provide to West Auctions, to
keep it accurate, current and complete; and (d) accept all risks of
unauthorized access to information and Registration Data. You have sole
responsibility for adequate protection and backup of data and/or equipment used
in connection with the Website. You agree to notify West Auctions immediately
of any unauthorized use of Your username and password or any other breach of
security regarding the Services. West Auctions cannot and will not be liable
for any loss or damage arising from Your failure to comply with this Section. When
West Auctions has notified users that their registration has been approved,
such user shall become a "Registered User." Only Registered Users are eligible
to participate in West Auctions Services. West Auctions reserves the right to
disapprove, suspend or terminate Your registration for any reason, at its sole
discretion, and to prohibit You from participating in the Services.


4. WEST AUCTIONS NOT A PARTY TO TRANSACTIONS

In the Online Auction, West Auctions is not a party to any transaction relating to
Auction Items. West Auctions is only a venue for Sellers to list Items and for
Registered Users to make bids on such Items. You and West Auctions are
independent contractors. Neither party is an agent, representative, broker,
employee, partner or joint venturer of the other party. This Agreement shall
not be interpreted or construed to create an association, joint venture,
agency, franchise or partnership between the parties or to impose any
partnership obligation or liability upon either party. West Auctions is not a
party to, nor involved in, the transactions between Buyers and Sellers. West
Auctions has no control over the Sellers, Buyers or any aspect of the
transactions. From time to time, West Auctions may have title to or possess Auction
Items listed on the Website; nevertheless, West Auctions is not a party to any
transactions related to such Items. 

Full Release: In the event that You have a dispute with a Seller or other user(s), You release West Auctions (and our officers, directors, agents, subsidiaries and employees) from
claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes. If You
are a California resident, You waive California Civil Code ¤1542, which says:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."

YOU CONFIRM THAT YOU HAVE CAREFULLY READ THESE TERMS AND
FULLY UNDERSTAND THEIR CONTENTS. YOU FURTHER CONFIRM THAT YOU ARE AWARE THAT
THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN YOU AND WEST AUCTIONS AND
ENTER INTO IT OF YOUR OWN FREE WILL.


5. INTELLECTUAL PROPERTY RIGHTS

The Materials and Services on this Website, as well as their selection and
arrangement, are protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of the Materials or
Services at this Website may violate such laws and these Terms. Except as
expressly provided herein, West Auctions does not grant any express or implied
rights to use the Materials and Services. You agree not to copy, republish,
frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license,
sublicense, reverse engineer, or create derivative works based on the Website,
its Materials, or its Services or their selection and arrangement, except as
expressly authorized by West Auctions. "WEST AUCTIONS" is a trademark of West Auctions.
All other trademarks are the property of their respective owners.

6. USE OF SOFTWARE 

Any software that is made available to use (or download) from the West Auctions
Website ("Software") is the copyrighted work of West Auctions and/or its
licensors. Use of the Software is subject to the terms and conditions of the
license agreement, which accompanies or is included with the Software or other
applicable license agreement between You and West Auctions ("License
Agreement"). You must read and accept such License Agreement before You use the
Software. Any use, reproduction or distribution of the Software that is not in
accordance with the License Agreement is expressly prohibited.  If the Software is used by the United
States Government, the Software is classified as "restricted computer
software" as defined in clause 52.227-19 of the FAR. The United States
Government's rights to the Software are as provided in clause 52.227-19 of the
FAR.


7. USE OF CONTENT ON THE WEST AUCTIONS WEBSITE

Limited Right to Use, Print and Distribute Content: Except as expressly stated
otherwise, You are authorized to view, copy, print and distribute the content
of this Website subject to the following conditions: (i) use must be for
informational, non-commercial purposes only; (ii) any copy or portion thereof
must include the West Auctions' copyright notice "© 2007 West Auctions, LLC.
All Rights Reserved"; and (iii) no modifications shall be made to such
content. West Auctions reserves
the right to revoke such authorization at any time, and any such use shall be
discontinued upon written notice from West Auctions.


8. LINKS TO THIRD PARTY WEBSITES OR SERVICES

The Services and the Website
may provide links to the websites or services of others, including shipping,
rigging and other services ("Third-Party Services"). Links to such Third-Party
Services, or any explanation or statement regarding those Third-Party Services,
do not constitute an endorsement or guarantee by West Auctions of such
Third-Party Services, or the products, content, materials or information
presented or made available by such Third-Party Services. You acknowledge and
agree that West Auctions is not responsible for any damages or losses caused or
alleged to have been caused by any Third Party or the use of any Third-Party
Services, or from the products, content, material, services or information
presented by or made available through such Third-Party Services. 


9.TREATMENT OF FEEDBACK AND RESPONSES PROVIDED TO WEST AUCTIONS

Any comments or materials sent to West Auctions, including feedback data, such as
questions, comments, suggestions and any other response shall be deemed to be
non-confidential. West Auctions shall have no obligation of any kind with
respect to such response, and West Auctions shall be free to use, reproduce,
distribute and publicly display such comments and materials without limitation.
West Auctions shall also be free to use any ideas, concepts, know-how or
techniques contained in such response for any purpose whatsoever, including but
not limited to developing, manufacturing and marketing products incorporating
such ideas, concepts or techniques.


10. AUCTIONS

Information Control: Information about Auction Items is
posted by West Auctions on behalf of Sellers. Users may find Item information
to be inaccurate or lacking in detail. West Auctions makes no representations
or warranties with respect to such information or Auction Items, all of which
are provided "as is." We strongly advise that You make use of any available
inspection period to personally inspect Items so that You can make the best
bidding and buying decision possible. Please use caution and common sense when
using the Website. West Auctions has no control over the quality, safety or
legality of the Auction Items listed, the truth or accuracy of the listings or
any other information provided by Sellers about the Items. 

Auction Period: The Auction period shall be
determined by West Auctions and will end at a time to be determined by West
Auctions, in its sole discretion. 

Bidder Conduct: You acknowledge and agree that once
a bid has been submitted on Your behalf, You may not retract the bid. In
addition, sale price manipulation of any kind, directly or indirectly, by users
is prohibited, including, but not limited to, bidding through a secondary
account, agent or assigns on Auction Items that You are selling, by
communicating with other Users, or by shill bidding. 

Binding Offer to Purchase: If You are the highest bidder
("Buyer") at the end of an Auction and have met the reserve bid, if any, then You
are obligated to complete the transaction unless the transaction is prohibited
by law or by this Agreement. Bidders agree that bidding on the Website is the
legal equivalent of a firm purchase order. 

Void Bids: West Auctions reserves the right
to reject or void bids, whether winning or not, which it believes have not been
made in good faith, are intended to manipulate the Auction process, or are
prohibited by applicable law. 

Winning Bids: West Auctions is the one and only
judge for the determination of winning bids, but West Auctions shall not be
liable for any errors or omissions relating to such determination, whether by
West Auctions or some other person. 

Postponement and Cancellation: West Auctions reserves the right to
postpone or cancel any Auction, or any sale resulting therefrom, in its own
discretion, without notice. West Auctions will have no liability to prospective
bidders or Sellers as a result of any withdrawal, cancellation or postponement
of Auctions or sales. 

Withdrawal of Auction/Auction Items. User acknowledges and agrees that Auction Items
may be withdrawn or sold prior to or after the end of the designated auction period,
that the Auction may be discontinued, either temporarily or permanently, and that the
Auction may, in West Auction's sole discretion, be extended beyond the designated auction
period, all without notice to User. Generally, Auction Items shall be sold to the highest
bidder; provided, however, that some Items may be auctioned with minimum reserve prices,
and/or subject to Seller's right of confirmation.


11. Completion of Transactions

Liability for Auction
Items: Auction
Items shall be and remain at the risk of the Seller (and not West Auctions)
until the Item is removed from the posted Auction location by the Buyer or the
Buyer's designated transportation provider. The Item shall be and remain at the
risk of the Buyer and/or the Buyer's designated transportation provider (and
not West Auctions) while in transport. The Item shall be and remain at the risk
of the Buyer once delivered to the designated location. 

Sales and Use Tax: All bids and offers must be net of any taxes imposed with respect to the sale or purchase transaction. Buyers are
liable for all such taxes or for establishing to West Auctions' satisfaction on
behalf of the Seller a valid exemption certificate from such taxes. Buyers and
Sellers acknowledge and agree that West Auctions is providing a service in the
calculation, reporting and remittance of sales or use taxes which may be
assessed, due or owing to the taxing authorities of any taxing jurisdiction for
transactions that arise in connection with Your use of the Service. Each Buyer
shall indemnify West Auctions against any tax, cost or expense relating to the
failure of the Buyer to satisfy any sales or use tax liability related to a
transaction. Each Seller shall indemnify West Auctions against any tax, cost or
expense relating to the failure of the Seller to satisfy any sales or use tax
liability related to a transaction within their jurisdiction 

Buyer's Premium: West Auctions may, at its discretion, charge a Buyer's Premium and/or Processing Fee on Auction Items
sold. The Buyer's Premium and/or Processing Fee is an additional service
charge, for which the Buyer is responsible. It is a fixed percentage of the
final selling price. If an Auction includes a Buyer's Premium and/or Processing
Fee, it will be clearly indicated in the auction-specific terms, and on Item
detail pages. All fees, including Buyer's Premiums, must be paid prior to
releasing any Auction Items for pick-up and transport. 

Payment and Payment Period: The Payment Period for all Auctions shall be determined by West Auctions and will
be posted in the auction-specific terms and on Item detail pages. Full payment
from the winning bidder in the amount of the auction closing price, applicable
Buyer's Premiums and sales tax must be posted to a secure payment account
designated by West Auctions within the posted Payment Period. Buyers may pay
for their Items online with a valid credit card or send payments via wire
transfer or certified bank check. Without limiting the foregoing, full payment
is due prior to the removal or transportation of purchased Items. 

Buyer Default: If, after the Payment Period has ended, the Buyer does not make full payment in accordance with the terms set
forth above, the Buyer is considered in default and their Auction Item(s) will
be re-listed in an Online Auction and a 10% re-listing fee (which You agree is
a reasonable estimate of the minimum damages incurred by West Auctions as a
result of Your failure) will be charged to their account. The re-listing fee is
based upon the original selling price of the Auction Item. By registering a
valid credit card with West Auctions, the Buyer authorizes West Auctions to
charge applicable re-listing fees to the credit card. In addition, the Buyer
will be barred from further use of the Website until all re-listing fees are
paid. 

Item Removal and Removal Period: The Removal Period for Auction Items shall be determined by West Auctions and
will be posted in the auction-specific terms and on Item detail pages. Buyer
may remove Auction Items from the Seller's location once the total purchase
price (and any applicable sales tax and the Transaction Fee) has been received
by and posted to a secure payment account designated by West Auctions. Buyers
are responsible for loading and shipping Auction Items, unless otherwise noted.
West Auctions shall have no responsibility with respect to disconnecting
utilities to Auction Items, including electric, gas, waste and water lines. It
is the Buyer's responsibility to arrange and pay for the insurance, removal and
shipment of purchased Items. Item removal shall be conducted responsibly and
with due care for the Seller's premises. The Buyer shall restore and repair all
real and personal property that is altered or damaged as a result of the
removal of purchased Items. If the Buyer does not remove an Item within the
designated removal period, the Buyer will be deemed to have abandoned the Item
and the Buyer will have no further rights with respect to the Item. No claims
of any kind shall be allowed after Item has been removed by the Buyer. 

Freight and Transportation: The Buyer is responsible for all freight, shipping and other costs related to
transporting Auction Items from the posted Auction location, including but not
limited to any costs associated with certificates and/or permits required to
move Auction Items within or across state, province and/or country borders.
Buyers are advised to have all such certificates and permits issued and
completed prior to transporting the equipment; otherwise Buyer may be subject
to cleaning, permit, and/or other fees if the Items are stopped and held at a
Port of Entry to a state, province or country. Buyers may arrange
transportation of Auction Items on the Website through a third party, but West
Auctions will not be liable for any acts or omissions arising from such third
party transportation and claims no responsibility for the actions of any
transportation provider. If the person picking up and removing Items from an
auction location will be someone other than the registered Buyer, the
registered Buyer must establish that person or company as an "Authorized Agent"
by completing an "Agent Release Authorization" form. Buyers may not transport
Auction Items until full payment (including any applicable sales tax and
Buyer's Premium) has been received by and posted to a secure payment account
designated by West Auctions. 

Constructive Receipt: Once Constructive Receipt has
occurred for any Auction Item, remittance of proceeds to the Seller may occur.
Any dispute claims subsequently filed by the Buyer are invalid. Constructive
Receipt of Auction Items occurs at the first occurrence of any of the following
milestones (unless a dispute claim has been previously filed by the Buyer),
provided full payment has been received by West Auctions for the Item: 

a) At the time the Item leaves the point of pick-up at the Seller's location, if Buyer elects to transport the
Item themself rather than use a common carrier. Buyers transporting Auction
Items themselves are encouraged to examine the Item thoroughly prior to
removing it from the Seller's location. 

b)  At the time the Item leaves the point of pick-up at the Seller's location if the Item is self-transporting,
such as a car or truck. Buyers of a self-transporting Item are encouraged to
examine the Item thoroughly prior to removing it from the Seller's location.

c) Two (2) business days after the
conclusion of the Auction for the Item. 

d) At the time Buyer or Buyer's
Authorized Agent begins disassembly of Item from its as-inspected
configuration, including disassembly for transport. West Auctions does not
transfer legal ownership of Items from the Seller to the Buyer, and nothing in
this agreement shall modify the governing provisions of California Commercial
Code ¤ 2401(2) and Uniform Commercial Code ¤ 2-401(2), under which legal
ownership of an Item is transferred upon physical delivery of the Item to the
Buyer by the Seller. Unless the Buyer and the Seller agree otherwise, the buyer
will become the Item's lawful owner upon physical receipt of the Item from the
seller, in accordance with California Commercial Code ¤ 2401(2) and Uniform
Commercial Code ¤ 2-401(2). 

12. Disclaimer, Indemnity, Limitation of Liability 

Indemnification: You agree to defend, indemnify and hold harmless West Auctions, its officers, directors, agents, subsidiaries and
employees from claims, demands and damages, actual and consequential, of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, to the extent arising out of or in any way connected with any breach
or violation by You of these Terms, any use by You of the Website or any
disputes or damages arising out of Your use of or contracts formed with You
through this Website. 

Disclaimer of Warranties: THE SERVICES AND THE WEBSITE, INCLUDING ALL PROPERTY LISTED FOR SALE, CONTENT,
FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED
THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS",
"AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WEST AUCTIONS DOES NOT WARRANT THE COMPLIANCE OF PROPERTY WITH
ENVIRONMENTAL LAWS OR OTHER LEGAL REQUIREMENTS OR THE PRESENCE OF HAZARDOUS
MATERIALS OR LACK THEREOF. WEST AUCTIONS DOES NOT WARRANT THAT THE SERVICES OR
THE FUNCTIONS, FEATURES OR CONTENT CONTAINED MADE AVAILABLE ON OR ACCESSED
THROUGH SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY
SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR
THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED. WEST AUCTIONS MAKES NO WARRANTY THAT THE WEBSITE OR
THE SERVICES WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES THAT ANY PROPERTY FOR SALE THROUGH THE SERVICES OR THE
WEBSITE WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE,
USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. WEST
AUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM WEST AUCTIONS OR THROUGH THE
SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY. WEST AUCTIONS EXPRESSLY
DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED
BY ANY USER. Without limiting the foregoing, West Auctions shall not be liable
for any act done or omitted under this Agreement while acting in good faith and
in the exercise of reasonable judgment. West Auctions is authorized to comply
with and obey orders, awards, judgments or decrees of any court of law or arbitration
tribunal, notwithstanding any notices, warnings or other communications from
any party or any other person to the contrary. In case West Auctions obeys or complies with any such order,
judgment or decree of any court or arbitration tribunal, West Auctions shall
not be liable to any of the parties hereto or to any other person by reason of
such compliance, notwithstanding any such order, judgment or decree being
subsequently reversed, modified, annulled, set aside, vacated or found to have
been entered without jurisdiction. West Auctions shall not incur any such
liability for any action taken or omitted in reliance upon any instrument,
including any electronic transmission (such as an email) written statement or
affidavit that West Auctions shall in good faith believe to be genuine, nor
will West Auctions be liable or responsible if acting in good faith for
forgeries, fraud, impersonations, or determining the scope of any
representative authority

Limitation of Liability: IN NO EVENT SHALL WEST AUCTIONS NOR SELLERS BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE EQUIPMENT
OR (B) DEFECTS IN SUCH EQUIPMENT ON ANY THEORY OF LIABILITY INCLUDING WITHOUT
LIMITATION PRODUCT LIABILITY EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE
AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN ADDITION, IN
NO EVENT SHALL WEST AUCTIONS OR SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR
THE INABILITY TO USE, THE SERVICE, THE SITE OR ITS CONTENT INCLUDING WITHOUT
LIMITATION THE INSPECTION REPORT AND MATERIALS AND FUNCTIONS RELATED THERETO,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS OR LOST SALES, EVEN IF WEST AUCTIONS OR AN AUTHORIZED REPRESENTATIVE
THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN
USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF WEST AUCTIONS TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM
THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND THE SERVICE EXCEED, IN THE
AGGREGATE, $100.00. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 


13.ELECTRONIC COMMUNICATIONS

When You visit westauction.com or send emails to us, You are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with You by email or
by posting notices on this Website. You agree that all agreements, notices,
disclosures and other communications that we provide to You electronically
satisfy any legal requirement that such communications be in writing. 


14. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

To the extent that You post reviews, comments, communications or any other content, submit
suggestions, ideas, comments, questions, or other information, the content shall
not be illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and must not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of content. West
Auctions reserves the right (but does not undertake the obligation) to remove
or edit such content, but does not regularly review posted content.

If You do post content or submit material, and unless we indicate otherwise, You grant West Auctions
and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant West Auctions and its affiliates and
sublicensees the right to use the name that You submit in connection with such
content, if they choose. You represent and warrant that You own or otherwise
control all of the rights to the content that You post; that the content is
accurate; that use of the content You supply does not violate these Terms and
will not cause injury to any person or entity; and that You will indemnify West
Auctions or its affiliates for all claims resulting from content You supply. West
Auctions has the right but not the obligation to monitor and edit or remove any
activity or content. West Auctions takes no responsibility and assumes no
liability for any content posted by You or any third party. 


15. GENERAL PROVISIONS 

Environmental Hazards: West Auctions shall assume no risk
nor any liability of hazardous materials which may arise from the failure of any
Items sold or to be sold at Auction to comply with Federal, State or Local law,
statute or regulatory agency regulations and requirements, including but not
limited to, requirements relating to environmental pollutants or hazardous
waste. West Auctions shall pay no direct or indirect cost that may be incurred
due to the existence of environmental pollutants either on or in the Items sold
or on the premises of the auction. Such cost may also include any liens or
penalties which may be levied due to violation of the aforementioned laws or
regulations. User hereby waives any rights of subrogation against West Auctions
with respect to any of the above-mentioned risks. 

User Acknowledges: (1) Federal, state, and local legislation impose liability upon existing and former owners and users of
property, in applicable situations, for certain legislatively defined,
environmentally hazardous substances; (2) West Auctions has made no
representation concerning the applicability of any such Law to any transaction
or to User, except as otherwise indicated herein; (3) West Auctions has made no
representation concerning the existence, testing, discovery, location and
evaluation of/for, and risks posed by, environmentally hazardous substances, if
any, located on or potentially affecting the Item; and (4) User is advised to
consult with technical and legal experts concerning the existence, testing,
discovery, location and evaluation of/for, and risks posed by, environmentally
hazardous substances, if any, located on or potentially affecting the Item. 

Downloading Information/Material: User hereby releases West Auctions, its affiliates and subsidiaries, and their
respective directors, officers, employees, agents, shareholders, co-branders,
partners, successors and assigns from any and all actual or alleged damages
which may result from User downloading any information or Materials from the
Website. 

Modification and Availability: West Auctions may, at any time, delete, modify or supplement the content of this
Website without prior notice. West Auctions reserves the right, for any reason,
at its sole discretion, to terminate, change, suspend or discontinue any aspect
of the Website or the Service, including, but not limited to, content, features
or hours of availability. West Auctions may also impose limits on certain
features of the Services or restrict Your access to part or all of the Website
or the Services without notice or penalty. 

Monitoring: You agree that West Auctions has the right, but not the obligation, to monitor at any time, for any reason at
its sole discretion, all material and content on the Website and the Services.
West Auctions reserves the right at all times to edit, disclose or refuse to
post any material or information or request for removal of any material or
information from the Website. 

Access and Interference: You agree that You will not use any automatic device or manual process to monitor
or copy West Auctions web pages or the content contained herein. You agree that
You will not use any device, software or routine to interfere or attempt to
interfere with the proper working of the Website. You agree that You will not
take any action that imposes an unreasonable or disproportionately large load
on the infrastructure of the Website. 

Service Integrity: West Auctions makes reasonable commercial efforts to make its Services and Website available at all times.
However, West Auctions is not responsible for any service interruptions,
including, but not limited to, interruptions that may affect the receipt, processing
and acceptance of bids or other aspects of an auction or sale. 

Controlling Law andVenue: This Agreement, and all questions with respect to the interpretation of this
Agreement, shall be governed by and construed in accordance with the internal
laws of the State of California, without regard for conflict of laws
provisions. Consistent with the Dispute Resolution section below, User
expressly consents to personal and exclusive jurisdiction in the courts of the
State of California located in Yolo County. 

Dispute Resolution: YOU AGREE TO MEDIATE AND ARBITRATE ANY DISPUTE OR CLAIM BETWEEN OR AMONG YOU AND ANY OTHER REGISTERED USER OR WEST
AUCTIONS ARISING OUT OF OR RELATING TO THESE TERMS, AGREEMENTS, ANY SALE OF
EQUIPMENT, ANY INSPECTION REPORT OR ANY OTHER TRANSACTION CONTEMPLATED BY THESE
TERMS INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT AND TORT CLAIMS, STATUTORY
CLAIMS, CLAIMS FOR RELIEF WHETHER EQUITABLE OR LEGAL, ISSUES OF ARBITRABILITY,
AND DISPUTES ABOUT THE SCOPE OF THIS CLAUSE. DISPUTE RESOLUTION SHALL BE
CONDUCTED PURSUANT TO THE FOLLOWING PROCEDURES. BEFORE INITIATING ANY
ARBITRATION, THE PARTIES SHALL ENGAGE IN MEDIATION, WHICH IS A PROCESS IN WHICH
PARTIES ATTEMPT TO CONFIDENTIALLY RESOLVE ANY DISPUTE BY SUBMITTING IT TO AN
IMPARTIAL, NEUTRAL MEDIATOR WHO IS AUTHORIZED TO FACILITATE THE RESOLUTION OF
THE DISPUTE BUT WHO IS NOT EMPOWERED TO IMPOSE A SETTLEMENT. MEDIATION SHALL BE
CONDUCTED IN SACRAMENTO, CALIFORNIA, BY A MEDIATOR AFFILIATED WITH THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") UNLESS THE PARTIES MUTUALLY AGREE TO A
DIFFERENT MEDIATOR. SHOULD MEDIATION PROVE UNSUCCESSFUL TO RESOLVE THE DISPUTE,
AND WITHIN ONE YEAR OF THE DISPUTE ARISING, A PARTY SHALL MAKE A DEMAND FOR
BINDING ARBITRATION TO BE CONDUCTED IN ACCORDANCE WITH THE RULES OF COMMERCIAL
ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION. A SINGLE ARBITRATOR WITH
KNOWLEDGE OF THE AUCTION INDUSTRY SHALL CONDUCT THE ARBITRATION IN SACRAMENTO,
CALIFORNIA. THE PARTIES SHALL MUTUALLY AGREE UPON SUCH ARBITRATOR. IN THE EVENT
THAT THE PARTIES HAVE NOT AGREED TO A MUTUALLY ACCEPTABLE ARBITRATOR WITHIN
THIRTY (30) DAYS OF THE DATE OF THE NOTICE OF INTENTION TO ARBITRATE, THE AAA
SHALL SELECT THE ARBITRATOR FROM ITS REGULARLY MAINTAINED LIST OF COMMERCIAL
ARBITRATORS. THE ARBITRATOR SHALL BE BOUND TO APPLY THE LAW, INCLUDING THE
FEDERAL RULES OF EVIDENCE AND THE FEDERAL RULES OF CIVIL PROCEDURE, AND SHALL
BE EMPOWERED TO HEAR AND DETERMINE DISPOSITIVE MOTIONS INCLUDING MOTIONS TO
DISMISS AND MOTIONS FOR SUMMARY JUDGMENT. THE PARTIES SHALL HAVE THE RIGHT TO
CONDUCT TWO DEPOSITIONS OF EACH OPPOSING PARTY. THE AGGREGATE DEPOSITION
DISCOVERY CONDUCTED IN CONNECTION WITH ANY SUCH ARBITRATION HEARING SHALL NOT
EXCEED TEN HOURS FOR EACH PARTY. THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE INJUNCTIONS
AND ATTACHMENTS AND OTHER EQUITABLE REMEDIES AND AWARD COMPENSATORY DAMAGES.
THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CONSEQUENTIAL, PUNITIVE OR TREBLE
DAMAGES, OR ANY OTHER MANNER OF ENHANCED DAMAGES. THE PREVAILING PARTY IN ANY
ARBITRATION SHALL HAVE THE RIGHT TO AN AWARD OF ATTORNEYS' FEES AND COSTS. THE
AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND ANY PARTY TO THE DISPUTE
MAY SEEK TO CONFIRM THE AWARD OF THE ARBITRATOR IN ANY STATE OR FEDERAL COURT
OF COMPETENT JURISDICTION IN SACRAMENTO, CALIFORNIA AND ENFORCE THE AWARD AS A
JUDGMENT. EXCEPT FOR THE FILING OF A JUDICIAL ACTION TO CONFIRM, MODIFY,
VACATE, OR ENFORCE AN ARBITRATOR'S AWARD, INCLUDING THE AWARD OF AN INJUNCTION
OR ATTACHMENT, WHICH FILING IS PERMISSIBLE, ANY PARTY WHO INITIATES LITIGATION,
OR WHO INITIATES ARBITRATION WITHOUT FIRST MEDIATING A DISPUTE, SHALL FORFEIT
ANY AND ALL RIGHT TO ATTORNEYS' FEES AND COSTS AS A PREVAILING PARTY, AND SHALL
REIMBURSE ANY OTHER PARTY TO THE LITIGATION FOR THEIR COSTS OF LITIGATION INCLUDING
ATTORNEYS' FEES AND COSTS. 

Notices to West Auctions: To be valid, notices must be sent through the contact page and by certified mail,
return receipt requested, to West Auctions, LLC; Attention Legal Department;
P.O. Box 278; Woodland, California, 95776 or to such other address as may be
designated from time to time. 

Notices to User: Notices to User will be sent by email at the email address reflected in User's registration information.
Notices to User shall be deemed to have been received 24 hours after the email
is sent. Notices to West Auctions shall be deemed to have been given three days
after the date of mailing by certified mail, return receipt requested. 

Termination: This Agreement constitutes a legally binding agreement between You and West Auctions until terminated by You
or West Auctions, which West Auctions may do at any time, without notice, at
our sole discretion. If You become dissatisfied with the Service or the
Website, in any way, Your only recourse is to immediately discontinue use of
the Service. 

Jurisdiction: The laws of the State of California shall govern this Agreement. 

Copyright and Trademarks: The trademarks, trade names and all material contained on this Website, including
all portions of the Website, content, Website design, text, graphics, and all
intellectual property rights thereto are the sole and exclusive property of
West Auctions or its licensors. The use of any such property for any other
reason, on any other website, or the modification, distribution or republication
of this material without the prior written permission from West Auctions is
strictly prohibited. 

Survival: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable,
then such provision shall be enforced to the maximum extent permissible so as
to effect the intent of this Agreement, and the remainder of this Agreement
shall continue in full force and effect. The failure by either You or West
Auctions to exercise or enforce any rights or provisions of this Agreement
shall not constitute a waiver of such right or provision. You agree that any
cause of action arising out of or related to the Service or this Agreement must
commence within six (6) months after the cause of action arose; otherwise, such
cause of action is permanently barred. This Agreement comprises the entire
agreement between You and West Auctions and supersedes all prior agreements
between the parties, regarding the subject matter contained herein. All
provisions in this Agreement regarding representations and warranties,
indemnification, disclaimers and limitations on liability shall survive any
termination of this Agreement. 

Export Control Laws; Notice to U.S. Government Users Materials and Services derived or obtained from this Website may be subject to the U.S. export laws and the
export or import laws of other countries. You agree to comply strictly with all
such laws and, in particular, shall: (a) obtain any export, reexport, or import
authorizations required by U.S. or Your local laws; (b) not use Materials or
Services to design, develop or produce missile, chemical/biological, or nuclear
weaponry; and (c) not provide Materials or Services to prohibited countries and
entities identified in the U.S. export regulations. By
accepting these Terms You confirm that You are not a resident or citizen of any
country currently embargoed by the U.S. A list of embargoed countries is
available at the official website of the Office of Foreign Assets Control of
the U.S. Department of the Treasury at: www.treas.gov/ofac. 

Privacy: West Auctions' Privacy Statement,
located at www.westauction.com/index.php?a=28&b=152&h=help&inf=privacy is hereby incorporated by reference. 

Notice and Procedure for making Claims of Copyright or Intellectual Property Infringement: West Auctions respects the intellectual property of
others, and we ask our users to do the same. West Auctions may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts of
users who may be repeat infringers. If You believe that Your work has been
copied in a way that constitutes copyright infringement, or Your intellectual
property rights have been otherwise violated, please provide West Auctions
Copyright Agent the following information: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest; (ii) a description of the
copyrighted work or other intellectual property that You claim has been
infringed; (iii) a description of where the material that You claim is
infringing is located on the Website; (iv) Your address, telephone number, and
email address; (v) a statement by You that You have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law; and (vi) a statement by You, made under penalty of perjury, that the above
information in Your notice is accurate and that You are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf. West Auctions' Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o West Auctions, LLC
P.O. Box 278
Woodland, CA  95776-0278

By phone: (530) 661-0490

By fax: (530) 661-2499

By email: info@westauction.com

Entire Agreement: These Terms set out the entire understanding
between West Auctions and customers, users, Sellers, and bidders with respect
to the use of this Website. No other terms, whether expressed or implied, shall
apply unless specifically incorporated by reference herein. 

Waiver and Severability of Terms: The failure of West Auctions to exercise or enforce any right or
provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force and
effect.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Services or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
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