ACE CANINE AUCTION, LLC. CONTRACT TERMS AND CONDITIONS
CATALOG INFORMATION AND ANNOUNCEMENTS
EVERY REASONABLE EFFORT HAS BEEN MADE TO ENSURE CORRECTNESS OF THE INFORMATION PRINTED IN THE SALE CATALOG. AUCTIONEER DISCLAIMS RESPONSIBILITY FOR THE CONSEQUENCES, IF ANY, OF ANY CATALOG ERRORS. HOWEVER, NOTIFICATION OF ERRORS WOULD BE APPRECIATED. The accuracy of all information in the catalog is the sole responsibility of the Seller. While certain information may have been procured by the Auctioneer from third parties on behalf of the Seller, it is nonetheless solely the responsibility of the Seller to verify the accuracy of such information. The Auctioneer or any representative thereof, does not assume any responsibility or liability for errors or omissions, or for any verbal or written statement regarding the dog sold.
DESCRIPTIONS
UNLESS OTHERWISE EXPRESSLY STATED OTHERWISE IN WRITING, ANY DESCRIPTION OF A LOT IS BASED SOLELY ON VISUAL IMPRESSION, AND IS GIVEN SOLELY FOR IDENTIFICATION PURPOSES, AND DOES NOT CREATE ANY WARRANTY, EXPRESSED OR IMPLIED, OR REPRESENTATION BY ACA. Lots are offered with information provided by the Seller. The Seller is solely responsible for the accuracy and completeness of all descriptions. ACA has no duty to inspect any Lot consigned for sale at the Auction or to investigate the accuracy of any descriptions or representations given by a Seller. The Seller is responsible for correcting any errors in description or otherwise (whether given orally or in writing). Under no circumstances will ACA be liable to Buyer based for any inaccuracy in the description of any Lot. ACE CANINE AUCTION LLC MAKES NO WARRANTIES WHATSOEVER. ALL DOGS SELL AS IS WHERE IS WITH ALL EXISTING CONDITIONS AND DEFECTS.
ALL SALES ARE FINAL
Once a Lot is purchased the Lot may not be returned nor any portion of the purchase price refunded.
COMMISSION & FEES
Commission is 10% of the selling price to be paid for by the Buyer on top of the sales price. Due at time of account settlement. No commission fee will be charged in the following cases:
1. Reserve was not met (No sale)
2. No bids (No sale)
Consignment fees are non-refundable and independent of commission fees.
ACCOUNT SETTLEMENT
All accounts must be paid BY Friday AT 3 PM CST FOLLOWING THE SALE. Make all payments directly to the ACE CANINE AUCTION LLC’s sale cashier and not to Seller under any circumstance. All payment instructions will be provided in the purchase confirmation sent to the Buyer’s Email address that was provided by the Buyer at bidding registration.
HEALTH STATUS & EXAMINATION
Ace Canine Auction LLC provides the veterinary statement provided by the Seller, but does not guarantee any findings in that statement. Dog’s are sold “AS IS” and it is the Buyer’s responsibility Personally inspect any dog of interest thoroughly PRIOR TO BIDDING OR BUYING. Veterinary assistance is encouraged and is the responsibility of any bidders. GENETIC TESTING RESULTS ARE NOT GUARANTEED BY ACE CANINE AUCTION LLC OR ANY CONSIGNOR.FERTILITY No Guarantees are made by the Auctioneer, any representative thereof, or Ace Canine Auction LLC , consignor, any representative thereof regarding pregnancy status, eventual whelping, or fertility of any dog offered for sale.
INSURANCE It is the Buyer’s responsibility to obtain coverage on the dog. Contact information and instructions of how to obtain coverage through a recommended insurance company will be provided in the purchase confirmation sent to the Buyer’s Email address that was provided by the Buyer at bidding registration.
POST-SALE CARE & TRANSPORT
Dogs become the Buyer’s responsibility at the fall of the hammer. Buyers are advised to contact Seller and confirm that proper care is provided after the sale. It is the Buyer’s responsibility to arrange transport for the dog. The Seller may not charge the Buyer for the first 7 days past the sale that the dog stays with the Seller until the Buyer can get the dog picked up. If the dog stays past 7 days, the Seller may charge any boarding/care fee at their discretion.
REGISTRATION TRANSFER (PEDIGREES AND TITLES)
If the dog is registered, It is the responsibility of the Consignor to furnish the Buyer with original and signed registration certificate immediately after the sale has concluded and the dog has been paid for in full. For items other than dogs, such as trailers, vans, trucks, etc. It is the responsibility of the Consignor to furnish the Buyer with original and signed title certificate immediately after the sale has concluded and the item has been paid for in full. ACE CANINE AUCTION LLC is not responsible for any transfers of pedigrees or titles from dogs or items sold at Ace Canine Auctions LLC’s auction/sale. Title passes to the Buyer automatically at the “fall of the gavel” which is the point in time where bidding has closed online on the particular lot. At such time, Buyer assumes all risk of loss and the responsibility, maintenance, care and expenses for the dog sold passes immediately from the Seller to the Buyer. This shall especially be the condition in the case of illness, injury, or death of any dog after it has been sold. Upon the passage of title, the Buyer agrees to indemnify and hold the Auctioneer, consignor, any representative thereof, Ace
Canine Auction LLC, any representative thereof, harmless from all loss, cost and expense including but not limited to: (a) the illness, injury or death of purchased dog, or (b) loss or damage to property, and (c) injury or death of persons caused by the Buyer, his agents, employees or the purchased dog. Title and all risks are assumed by the Buyer whether or not delivery has been made. Delivery of a purchased dog shall be contingent upon the Buyer making a full settlement to the sale cashier as described in Settlement guidelines.
WARRANTIES
ACA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS (INCLUDING SOUNDNESS AND HEALTH) OF A LOT. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY ACA, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY ACA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ARE ASSUMING ANY AND ALL RISKS ASSOCIATED WITH SELLING OF YOUR LOT(S). THIS “AS IS’’ DISCLAIMER APPLIES PRE- AUCTION, POST-AUCTION, AND DURING THE AUCTION.
COMMISSION AND FEES Any commissions or fees may be paid according to the agreed payment method according to the sole discretion of ACA. they shall include but not be limited to the following: Credit Card (subject to a 3% surcharge), electronic check, wire transfer, Venmo, or PayPal (if not sent via Friends and Family, additional fees shall apply). In addition to reimbursable costs and expenses, ACA is entitled to ACA’s Commission for all dogs sold at the Auction. Should Seller default on Seller’s obligations to any Buyer, Seller will pay ACA an amount equal to ACA’s Commission plus any Buyer’s Premium, costs, late charges, legal fees, and expenses.
PRIVATE SALE
YOU agree not to enter, or to agree to enter into, a Private Sale of any Lot(s) included, or scheduled to be included in, the Auction, prior to or during the Auction. If YOU sell any Lot(s) included in, or scheduled to be included in, the Auction in a Private Sale prior to the auction, Seller shall pay ACA a $500 fee for each dog sold and Seller shall further pay to ACA responsible to pay ten percent (10%) of the purchase price as a Commission fee. As to any Lot which did not meet their respective reserve prices but are sold within 30 days of close of auction, Seller shall pay ACA the 10% commission based upon the sales price. It is the Sellers responsibility to inform ACA of any private transactions.
WITHDRAWAL OF LOT(S) BY ACA
Unless a specific Lot is, in express and explicit written terms, exposed for sale at Absolute Auction, ACA has the right to withdraw any Lot from the Auction for any reason prior to the Fall of the Hammer.
RETURNED CHECKS
Any checks that are returned unpaid will be subject to a returned check fee in the amount of Two Hundred Dollars ($200.00). In addition to the foregoing, ACA will be entitled to recover all other damages due under this Contract and recover from the issuer of a returned check, all costs, and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.
NO STOP PAYMENT ORDERS OR CREDIT CARD CHARGEBACKS.
YOU agree that YOU will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases through the Auction. YOU further agree that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card chargeback is initiated, these Seller Terms and Conditions will be conclusive evidence of YOUR (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and YOU acknowledge and agree that on ACA’s presentation of these Seller Terms and Conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of ACA. If, in violation of these Seller Terms and Conditions, YOU issue a stop payment order or initiate a credit card chargeback, YOU will remain liable for all monies owed under this Contract, and YOU will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of ACA in challenging the stop payment order or credit card chargeback and/or in collecting payment.
BID INCREMENTS, MINIMUM BIDS
Bid increments are established and controlled by ACA and may be adjusted or modified in ACA’s sole and absolute discretion. ACA may establish a minimum bid on any or all lots, and if the minimum bid is not tendered, the Lot will be passed. A minimum bid is not, typically, the Reserve Price. The tendering of the minimum bid on a Lot does not mean that the Lot will be sold, and the Lot may still be Withdrawn or passed by ACA.
BIDDING BY OR ON BEHALF OF SELLER
Seller reserves the right to bid at the Auction. Seller, or those acting on Seller’s behalf, may bid on any Lot(s) with the exception of Lot(s) expressly and explicitly identified, in writing, as being exposed for sale at an Absolute Auction that is not a forced sale. MHC may execute bids on Seller’s behalf. MHC is not required to identify any bid(s) executed on Seller’s behalf as having been executed on Seller’s behalf. Bids executed on Seller’s behalf are not required to be identified to a specific, or single, Bidder Number or Bidder Account and may be executed through more than one Bidder Numbers or Bidder Accounts. MHC is not required to disclose the existence or amount of any Reserve Price.
FROM: Ace Canine Auction LLC (the Auctioneer) TO: All Sale Participants – Take Notice GOVERNING LAW
Neither the Auctioneer, any representative thereof, nor Ace Canine Auction LLC, any representative thereof are responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any dog, person, or property before, during or after the sale. All dogs consigned to the sale are offered in accordance with the laws of the State of Texas and all transactions between Buyer, Seller and the Auctioneer are governed by the laws of the State of Texas. Each dog offered in the sale is sold “As Is And With All Defects”. In the event of any legal dispute between the Buyer and the Seller, Auctioneer will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligations owing to the Seller or Buyer upon delivery of any property or funds held by Auctioneer to the court having jurisdiction of such dispute.
This Auction Contract (“Contract”) is entered into by Ace Canine Auction LLC (“ACA”), and constitutes a legal, valid, binding, and enforceable contract between ACA and YOU and is subject to the following terms and conditions (“Terms and Conditions”) and the undersigned seller (“You”) effective the day of consignment.
AUCTION CONDUCTED UNDER AND IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, ADDITIONAL TERMS AND CONDITIONS POSTED BY ACA, AND ANNOUNCEMENTS MADE AT THE TIME OF THE AUCTION, AND APPLICABLE LAW; ACCEPTANCE OF TERMS AND CONDITIONS. The Auction is conducted under and in accordance with these Terms and Conditions, any and all other Terms and Conditions posted by ACA, any announcements or corrections made by ACA prior to or at the time of the Auction, and applicable law.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND REASONABLE OPPORTUNITY TO REVIEW THESE TERMS AND CONDITIONS, THAT YOU HAVE READ THESE TERMS AND CONDITIONS, THAT YOU UNDERSTAND THESE TERMS AND CONDITIONS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. NO INDUCEMENT BASED ON STATEMENTS OR OPINIONS OF VALUE. Seller and buyer have not been induced to enter into this Contract by any statements or opinions of ACA regarding the value of the dog(s) or the possible results of the Auction. YOUR participation in the Auction, whether online, telephonically, or through any other means authorized by ACA evidences. YOUR agreement to be bound by, and to abide by, all Terms and Conditions. Ace Canine Auction LLC reserves the right, in its sole discretion, to accept or reject the request for a Buyer Number.
Neither the Auctioneer, any representative thereof, nor Ace Canine Auction LLC, any representative thereof are responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any dog, person, or property before, during or after the sale. All dogs consigned to the sale are offered in accordance with the laws of the State of Texas and all transactions between Buyer, Seller and the Auctioneer are governed by the laws of the State of Texas. Each dog offered in the sale is sold “As Is And With All Defects”. In the event of any legal dispute between the Buyer and the Seller, Auctioneer will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligations owing to the Seller or Buyer upon delivery of any property or funds held by Auctioneer to the court having jurisdiction of such dispute.
USE CAUTION WHILE ON THE PREMISES
All persons attending the auction or previewing dogs at any consignors facility do so at their own risk and are urged to use extreme caution.
WARNING UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
By Attendance: All agree to save, HOLD HARMLESS and INDEMNIFY Auctioneer, ACE CANINE AUCTION LLC and its respective agents, employees, partners, directors, officers and/or any person or entity acting on their behalf, from and against any and all liability, debt, claims, suits, losses, damages, causes of action, judgments, costs and expenses, including attorney fees, arising or allegedly arising from (i) personal injury or death of any person (including but not limited to employees of Owner or Buyer) or any dog, including but not limited to any claims arising out of injuries or damages caused by the dog after the fall of the hammer, and (ii) property damage, including loss of use thereof, economic loss or otherwise, arising or growing directly or indirectly out of Owner’s or Buyer’s use of any of the facilities in connection with the sale, the conducting of the sale or anything occurring in connection with the sale. The foregoing indemnity obligations shall apply whether or not the claim or liability in question results or is alleged to result in whole or in part from the sole, concurrent or comparative negligence or strict liability of auctioneer, its agents, employees, partners, directors, officers and/or any person or entity acting on its behalf, or any defect in the premises, equipment or tools owned, operated or controlled by auctioneer. Thus, it is understood and agreed that in no case shall the auctioneer, its employees, agents, directors, partners or officers be responsible for any loss, death, damage or injury of any character to any person, animal or article arising from or occurring during the sale.
BIDDING PROCEDURE
The highest bidder shall become the Buyer. Auctioneer reserves the right to reject any and all bids. If a dispute should arise between or among two or more bidders, the Auctioneer shall settle the dispute, and his decision shall be absolute, final, and binding on all parties. In such a case, the Auctioneer has the right to reopen the bidding procedure and ask for advanced bids, solely between the bidders having claimed the last bid. If there is no advance bid, the dog shall be sold to the bidder from whom the Auctioneer recognized the final bid. If for any reason the bid should be reduced below the recognized bid at the beginning of such a dispute, the Auctioneer may reopen the bidding to all bidders with the highest bidder becoming the Buyer regardless of whether or not the final bid exceeds the bid which was originally disputed. AUCTIONEER/ ACE CANINE AUCTION LLC RESERVES THE RIGHT TO BID ON ANY DOG OR ITEM TO PROTECT THE SELLERS RESERVE. CONSIGNOR/SELLER MAY ALSO BID ON THEIR OWN DOG TO PROTECT THEIR RESERVE.
SETTLEMENT GUIDELINES
Settlement for any purchase must be made in full and paid directly to the sale cashier within the specified time announced prior to the
commencement of the auction. The card on file will not be charged unless the Buyer fails to pay the dog in full within the specified timeframe. The card will be charged if the Buyer fails to pay within the specified timeframe. Payment to any other source is prohibited and is not recognized as settlement. Settlement for any purchase must be made for the full purchase price with U.S. Currency or with funds from a U.S. Bank in the form of a bank check, credit card, cash, certified check all of which must have been approved by the Auctioneer. There will be a 3% convenience fee on all debit/credit card purchases. The Buyer’s Acknowledgement of Purchase and Security Agreement is not transferable without the approval of the Auctioneer. The copy of the Buyer’s Acknowledgement of Purchase and Security Agreement retained by Buyer must be presented by Buyer at the time of settlement. Once a form of payment has been approved, the payer is fully responsible for the total amount. Any party issuing a check returned as “insufficient funds” or “payment stopped” or “account closed” or issuing a check that shall for any reason not clear drawee’s bank, is subject to being prosecuted to the full extent of the law and is further subject to all legal and equitable remedies, including interest, court costs and attorney fees. Appropriate legal services will be obtained in whatever jurisdiction necessary to secure performance of any payment given as settlement and all costs, including attorney’s fees, incurred by Auctioneer shall be the responsibility of the party issuing such payment.
DEFAULTERS
After successfully winning a bid, all Buyers shall be responsible for the full purchase price, as stated, for the dog. Buyers who fail in any respect whatsoever to make settlement as described in Condition No. 5, shall be declared in default. The Seller or Auctioneer may bring suit against the defaulter who shall be responsible for all costs, including attorney’s fees, incurred by Auctioneer in collection of amounts owing, or in enforcement or interpretation of the sale condition.
AUCTIONEER DISCLAIMER
The Auctioneer or any representative thereof, does not act as agent for or represent the Buyer or Seller, but only provides a medium for bringing together the Buyer and Seller for the purpose of a sales transaction. There is no implied or express warranty made by the Auctioneer or any representative thereof as to the marketability or suitability of any dog for a particular purpose. ALL ACA AUCTIONS ARE CONDUCTED BY A LICENSED AUCTIONEER IN THE STATE OF TEXAS THROUGH AN ONLINE BIDDING PLATFORM. JEFF PECK TX#17590.
Seller grants to ACA the exclusive right and authority to offer the dog(s) identified for sale at one or more online auctions and shall have the exclusive right to effectuate the sale of the dog(s) in accordance with this Contract and ACA’s Bidder Terms and Conditions. ACA may select and utilize the services of online auction platforms, other professionals, and staff as AHA determines to be reasonably necessary or appropriate. ACA has discretion to determine the order of sale at the Auction, including Seller’s dog(s) and dogs consigned by others. ACA may: (i) advertise the Auction in any reasonable manner or media, including online and print media; (ii) print and distribute sale bills; and (iii) include the ACA(s) (including photographs and prices realized) on ACA’s website or otherwise in publicized lists of auction results achieved by ACA. All advertising and all online and print media related to the Auction or the horse(s) that is produced by or on behalf of ACA will be the exclusive property of ACA. Seller grants to ACA a no cost license to utilize in such manner as ACA deems appropriate, all videos, photographs and data provided to ACA by Seller with respect to the dog(s).Sellers Terms and Conditions may be amended at any time without notice. Those who consign and bid are bound by these Terms and Conditions, which together form the contract between the Buyer, Ace Canine Auction LLC and the Seller.
DISPUTE
If a dispute should arise between Seller and Auctioneer or Buyer and Auctioneer, all claims, disputes, controversies, differences or other matters in question arising out of the Auctioneer’s relationship to any party in the matters stated in these Conditions of Sale (the claims) and all other matters in which Auctioneer has provided any type of services at any time, whether or not those matters are encompassed within this document (including, but not limited to compensation for fees, expenses and/or commissions) shall be settled finally, completely and conclusively by binding arbitration in Katy, Fort Bend County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”), by one or more arbitrators chosen in accordance with the Rules. Arbitration shall be initiated by written demand of the party seeking arbitration. A decision of the arbitrator or arbitrators shall be final, conclusive and binding on the parties and judgment may be entered thereon in the District Court of Fort Bend County, Texas, to enforce such decision and the benefits thereof. Any arbitration held in accordance with this paragraph shall be private and confidential and no person shall be entitled to attend the hearings except the arbitrator(s), the stenographer, (if one is requested), the parties and the attorneys for the parties and/ or representatives designated by the parties. The matters submitted for arbitration, the hearings and proceedings there under and the arbitration award shall be kept and maintained in strictest confidence by the parties and shall not be discussed, disclosed or communicated to any person. On request of any party, the record of the proceeding shall be sealed and may not be disclosed except insofar, and only insofar, as may be necessary to enforce the award of the arbitrators and any judgment enforcing such award. The prevailing party shall be entitled to recover reasonable and necessary attorneys’ fees and the costs of arbitration from the non-prevailing party. All Sellers, Buyers, bidders and attendees voluntarily and intentionally waive any right that they may have to a trial by jury in respect to any litigation arising from or connected with this auction.
CONDUCT OF THE AUCTION
ACA shall conduct all aspects of the conduct of the Auction and ACA’s decisions in its sole discretion will be final and binding. ACA shall
have control over bidding and will have the sole and absolute discretion to recognize and accept bids at any time and may (but will not be required to) reopen the bidding as ACA deems appropriate. ACA shall resolve all disputes, and ACA’s decision will be binding.
ONLINE AUCTION. In addition to all other terms and conditions set forth in these Seller Terms and Conditions, the following terms and conditions apply to any online Auction held by ACA.
ACCESS TO ONLINE AUCTION PLATFORM AND ACA WEBSITE
YOU assume all risks in connection with YOUR use or access to of any Online Auction Platform utilized by ACA and the ACA Website, and YOU waive any and all claims and/or causes of against ACA arising in connection with, arising from, or in any way related to YOUR use or access to of any Online Auction Platform utilized by ACA and the ACA Website. POSTED TIMES. Unless stated otherwise, all posted or listed times are intended to reference the local time zone of ACA, Central Time Zone. Posted closing times and time displays are approximate. ACA reserves the right, in ACA’s sole and absolute discretion, to close early, extend, reset, or reopen the Auction (including bidding on any Lot(s)). TECHNOLOGY DISRUPTIONS. YOU acknowledge and agree that the Auction is conducted electronically and relies on hardware, software, and the internet that may malfunction without warning. ACA will not be responsible for, and shall not be liable for, technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform(s), (ii) breakdown, disruption, or failure of a Bidder’s internet connection, computer, or system, iii) breakdown, disruption, or failure of ACA’s internet connection, the ACA Website, computer or system, act of God or otherwise. ACA may, in its sole discretion, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, or other reasons even after bidding has commenced.
FAILURES BY ONLINE AUCTION PLATFORM PROVIDER AND ITS AFFILIATES OR CONTRACTORS
Under no circumstances will ACA be liable for any failure of the Online Auction Platform Provider(s) to perform, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider(s) to perform regardless of whether such obligations are owing, directly or indirectly, to ACA, to Buyer, to Seller, or otherwise.
DISCLAIMER
THE ONLINE AUCTION PLATFORM(S) AND ACA’S WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, (i) THAT THE ONLINE AUCTION PLATFORM(S), THE ACA WEBSITE, OR ANY RELATED WEBSITE OR TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE, (ii) AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE ONLINE AUCTION PLATFORM, THE ACA WEBSITE, OR ANY RELATED WEBSITE OR TECHNOLOGY, OR (iii) AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENT NATURE OF THE ONLINE AUCTION PLATFORM, THE ACA WEBSITE, OR ANY RELATED WEBSITE TECHNOLOGY. IF YOU ARE DISSATISFIED WITH THE AUCTION, OR THE NATURE, CHARACTER, OR FUNCTIONALITY OF TECHNOLOGY ASSOCIATED WITH THE AUCTION, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR PARTICIPATION IN THE AUCTION. ACA RESERVES THE RIGHT TO TERMINATE YOUR BIDDER REGISTRATION, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE AUCTION, TO IMPOSE LIMITS OR MAKE CHANGES TO CERTAIN FEATURES OF THE ONLINE AUCTION PLATFORM, AND/OR LIMIT, RESTRICT, OR TERMINATE YOUR ACCESS TO THE ACA’S WEBSITE OR TO THE AUCTION WITHOUT NOTICE.
RESTRICTIONS ON USE
YOU agree that YOU will not use any robot, spider, other automatic device, or manual process to monitor or copy the Online Auction Platform(s), ACA’s Website, any technology associated with the Auction, and/or any content associated with the Auction. YOU agree that YOU will not use any device, software, code, instructions, or routine to interfere with, or to attempt to interfere with, the proper functioning of the Online Auction Platform(s), ACA’s website, any technology associated with the Auction, or any activity being conducted in connection with the Auction including but not limited to, any viruses, malicious code, spyware, or vulnerabilities that could harm the Online Auction Platform(s), ACA’s Website, or any technology associated with the Auction. YOU agree that YOU will not take any action that imposes an unreasonable or disproportionately large load on the Online Auction Platform(s) and/or ACA’s website and/or online infrastructure. YOU agree that YOU will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Online Auction Platform(s) and/or ACA’s website. Access and use of any Online Auction Platform is subject to any and all terms and conditions of the Online