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Site Terms ~ EQUIPMENT MARKETPLACE Terms and Conditions of Use

This is an online only auction bound by all legal rights and remedies in the state in which the auction occurs. Do not bid if you cannot agree to the terms of this contract or are not able to pay and pick up your items within the specified terms of each auction.

General Provisions:

Equipment Marketplace LLC (A.K.A. Equipment Marketplace; EM Online Auction; Equipment Marketplace Online Auction) hereinafter referred to as Equipment Marketplace , is responsible for maintaining the EMonlineauction.com website. EMonlineauction.com serves as the venue used by independent auction companies (Affiliates) to present their online auctions to bidders. The following terms and conditions apply to every auction posted on the EMonlineauction.com website. These terms and conditions relate to general website policies and procedures. In addition to the website terms, each auction appearing on EMonlineauction.com has auction specific terms. The auction terms appear under the tab “Terms” found at the bottom of every auction page. By placing a bid on EMonlineauction.com, bidders are verifying they are at least 18 years old and acknowledging they understand and will comply with both the EMonlineauction.com website terms and the auction specific terms. The term “Auctioneer” refers to Equipment Marketplace and/or its Affiliates/Employees.

Equipment Marketplace’s Role in Auctions:

Equipment Marketplace’s role in the auctions listed on EMonlineauction.com is limited to providing the venue for affiliate auctions. Affiliates are not employees, agents, representatives or partners of Equipment Marketplace. Equipment Marketplace’s knowledge about individual auctions and individual auction transactions is limited to the information appearing on the website. Questions and issues relating to a specific auction or transaction must be directed to the affiliate named as conducting and managing that particular auction. The auction specific terms, found below each auction item picture and description, lists the name and phone number of the individual authorized by the independent business to conduct and manage that specific auction on the auction company's behalf.

Registration Required:

All bidders must register with this site and provide valid credit/debit card information before participating in any auction. Failure to provide correct and truthful information during registration, or at any time, will be considered a material breach of these terms and conditions and subject to the liabilities and remedies set out here. By registering as a bidder with this site, or by placing a bid on any auction found on this site, you are agreeing to be bound by these terms and conditions in addition to any other terms and conditions that may be applicable to a specific auction.

Obligations of Bidders:

A unique bidder number is provided to a bidder upon completing the registration form. Bidders are responsible for keeping the contact information associated with their bidder number up to date and accurate. During the registration process, bidders will choose a password. This password is immediately encrypted and is known only to the bidder. It is the bidder’s responsibility to ensure the security of their password. Bidders are held accountable for every bid placed with their bidder number.

Bids Are Enforceable Commitments to Purchase:

By placing a bid in an auction, a bidder is making a binding offer to purchase the asset for the amount of the bid. Bidders are responsible for honoring their bids if they receive a winning bidder invoice. Failure to do so will trigger the remedies set forth in these terms and conditions.

Reporting Bidding Errors:

You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by email at Support@EMonlineAuction.com Reports of bidding errors must be made via e­-mail; phone reports will not be accommodated.

Timelines of Bidding Error Reports:

If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.

Bidder’s Duty to Report Fraud:

You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to Support@EMonlineAuction.com You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.

Changes in Circumstance:

All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time – (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.

Default and Resale:

You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with such a resale and (2) any deficiency between your original purchase price and the resale price. These remedies are in addition to any other remedies or claims Auctioneer might have under any governing terms and conditions or applicable law.

Bidder Training and Tutorials:

Bidders are responsible for understanding how to use the EMonlineauction.com bidding platform prior to placing bids. Training videos and instructions are available within the Bidder Knowledge Base If bidders require further assistance, they should contact Equipment Marketplace (660)329-2513 prior to placing bids.

Auction Information:

Bidders are responsible for every bid placed with their bidder number. Bidders are responsible for knowing and abiding by the terms of every auction for which they receive a winning bidder invoice. Prior to placing a bid on an auction, the bidder should review the auction information and details included in the 4 tabs (Details, Terms, Directions and Shipping) at the bottom of each auction page to determine: Which affiliate is conducting the auction and where the auction assets are located. The scheduled closing date and time of the auction, as well as when the auction inspection and removals are scheduled. Auction and Removal instructions contained in the auction terms, including payment types accepted by the affiliate. Availability of shipping. Assets are sold "As is, Where is” Without Warranty or Representations: All items are sold AS IS, WHERE IS. Equipment Marketplace makes NO WARRANTY OR REPRESENTATION, either expressed or implied, as to the condition of items to be sold, authenticity, completeness, merchantability, or their suitability for any purpose.

Auction Item Descriptions and Pictures and Inspections:

The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. BUT, the Auctioneer does not guarantee the accuracy of any picture or description for any item. Public Inspections are open to all interested parties for a complete examination of the assets. When not certain of the condition, completeness, or suitability for intended use of an item, please bid accordingly. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. Choose wisely. Bidders have sole responsibility for determining an asset's value. Bidders must conduct whatever due diligence is necessary for them to assess value prior to placing a bid. Bidding strategies and amounts should be based on the asset research conducted by the bidder. By placing a bid, the bidder waives any and all claims against the affiliate based on the condition or value of items. Bidders further agree that mistakenly placed bids or buyer’s remorse because the bidder did not inspect the item or because the item is not suitable for a particular purpose will not justify failing to complete the purchase or attempting to obtain a refund on the item.

Caution to the Bidder:

You may notice various pieces of equipment arranged or displayed together for demonstration purposes. Do not assume a lot consists of more than one item simply because they are arranged together. You are bidding on the item as it is described, not the item in the photo. Equipment Marketplace tries to ensure the descriptions are accurate and the photos match. But errors sometimes do occur in listings. If you feel there is a discrepancy or error between a listing and a photo, contact Equipment Marketplace for clarification. Equipment Marketplace reserves the right to add or remove items from an auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an item and/or auction event, and make changes to the auction closing, inspection, or removal times.

Assets Published with Reserves:

Assets requiring a minimum bid price to sell, appear on EMonlineauction.com with “Reserve Not Met” below the Next Required Bid information in the lot description. Once the high bid reaches the required minimum bid, the message changes to “Reserve Has Been Met” and the lot will be sold to the high bidder. Affiliates may lower a lot reserve at any time before or after an auction closes. If the reserve is lowered while the auction is in progress, the applicable reserve message will appear below the Next Required Bid information (Reserve Not Met or Reserve Has Been Met); the asset will sell to the high bidder if the lowered reserve amount is met. If the reserve is lowered after the auction closes, the highest bidder at auction close will receive a winning bidder invoice.

Auction Close and Extended Bidding:

Each auction has a scheduled closing time. This is the time the first lot on the auction is scheduled to begin closing. Each asset within the auction will begin closing at the time indicated for that asset.

Soft Close:

EMonlineauction.com extends the closing time of a lot if a bid is placed on the lot in the final minutes prior to the indicated close time. Each time an additional bid is placed, the countdown clock resets to a few minutes (the extension time may vary) . A lot will not close until the full extension time has expired since the last bid was placed. For example: If a lot is scheduled to close at 6:30 pm and a bid is received at 6:29 pm, the countdown clock will reset to 3 minutes from 6:29 pm. If no other bids are placed, the lot will close at 6:32 pm. If an additional bid is placed at 6:31 pm, the countdown clock will reset to 3 minutes and the lot will not close until 6:34 pm.

Auction Invoices:

Bidders are notified of their successful bids within a few hours of the scheduled auction closing, via a winning bidder invoice appearing on their Dashboard. Winning bidders (also referred to here as “Buyers”) are responsible for monitoring their Dashboards and fulfilling the auction terms associated with each winning bidder invoice appearing on the Dashboard. At the time an auction closes, the sale of the asset becomes a legally binding agreement between the winning bidder and the affiliate. The bidder is required to purchase the asset and the affiliate is required to sell the asset for the high bid amount plus the buyer’s premium and all required fees and taxes.

All Sales Final:

All sales are final, unless stated otherwise, and NO REFUNDS will be given for any reason, including but not limited to bidding errors, posting errors, or condition of items. If Buyer, or Buyer’s employees, agents, or assigns attempt to initiate a charge back process through Buyer’s lender or credit card company, or other credit issuing entity, in contravention of Equipment Marketplace’s No Refund Policy, Buyer shall be liable for all costs and expenses Equipment Marketplace incurs, including reasonable attorneys’ fees, to dispute such charge back process, including all costs and fees related to any resulting litigation or dispute resolution process.

Buyer’s Premium:

The winning bidder is charged a 13% buyer’s premium for every asset sold on EMonlineauction.com, with the exception of "in-person cash" or "wire transfer" discount premium of 10%. The buyer’s premium appears on the invoice and is based on the winning bid total. The winning bid plus the buyer’s premium represents the actual sale price of each asset.

Sales Taxes:

Invoices that include assets subject to sales taxes, will have the appropriate sales tax amount included on the invoice. Sales taxes are calculated on the sale price (winning bid + buyer’s premium) for each asset included on the invoice. Fees and taxes will be charged on all applicable assets; the only exception to this is if the winning bidder completes the exemption documentation required to waive the fees and/or taxes, before taking possession of the assets.

Transfer of Ownership and Risk of Loss:

At the time the winning bidder pays his invoice in full, ownership of the asset and risk of loss passes immediately to the bidder. If a winning bidder pays his invoice in full, but does not take possession of the assets during the removal day, ownership and risk of loss will still transfer to the bidder.

Failure to Abide by Website or Auction Terms:

Bidders are responsible for knowing and abiding by the website and auction terms. Failure to do so will result in the termination of bidding privileges on EMonlineauction.com. Reinstatement is at the discretion of Equipment Marketplace.

Termination of Bidding Rights and Fraudulent Bidding:

Every bid placed on EMonlineauction.com is a commitment to purchase the asset for the bid amount. Equipment Marketplace prohibits affiliates from placing bids on their own auctions and sellers (or their agents) placing bids on their own assets. Bids placed with any intent other than to purchase the asset for the bid amount, constitutes fraud. Equipment Marketplace may in its sole discretion terminate the bidding privileges of any bidder that fails to abide by these terms and conditions, including, but not limited to, bidders who fail to complete a purchase after being receiving a winning bid invoice. Bidders who lose their bidding privileges are prohibited from placing bids on EMonlineauction.com. Placing bids using another bidder’s number or otherwise attempting to circumvent a bidding ban will be consider fraudulent bidding by Equipment Marketplace. Equipment Marketplace will report any bidders engaged in fraudulent bidding to the appropriate authorities for prosecution and may at its discretion seek any civil remedies available to it under applicable law.

Website Interruption:

Equipment Marketplace is committed to doing everything possible to ensure the reliability of our website. Unfortunately, there are factors outside our control that can impact access to EMonlineauction.com. If EMonlineauction.com becomes inaccessible at any point during an auction closing, the following protocol may be followed: Auctions that have closed prior to the website going down, will remain closed and the winning bidder invoices will be sent out. Auctions in the process of closing, regardless of how many lots have closed or have yet to close, will be reopened and the auction closing will be extended by 24 hours. Lots that closed prior to the website going down, will be reopened for bidding; the winning bidder will be the lead bidder upon the website becoming accessible again. Auctions scheduled to begin closing during the time the website is inaccessible, and for the 15 minutes following the website coming back online, will have the auction closing time extended by 24 hours. Auctions scheduled to close more than 15 minutes after the website becomes accessible again, will close at the scheduled time. In the event of a website interruption not covered by one of the above scenarios, Equipment Marketplace reserves the right to make the final determination of how the auction will be handled. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Equipment Marketplace, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Equipment Marketplace shall not be liable for any damage incurred by auction users or third parties from using Equipment Marketplace's services. In particular, Equipment Marketplace shall not be liable for damage that occurs due to bids not being received by Equipment Marketplace, not being received promptly, or not being considered as a consequence of technical errors.

Removal and Failure to Remove:

Once an auction has ended, the items become the property of the winning bidder (Buyer). Buyer assumes all risk of loss and damage to property from that point forward including at the premises of the sale. The removal date and time will be posted clearly in the terms and conditions on each item. Bidder’s should not place bids on an auction if they are unable to remove items at the scheduled time for removal unless they have made alternative removal or shipping arrangements with the affiliate. Affiliates address auction specific removal and shipping instructions in the auction Terms, Details and Shipping tabs located at the bottom of each page of the auction. It is important for bidders to recognize affiliates are under no obligation to provide alternative removal times or shipping for the assets in their auctions. Failure to remove purchased items during time allotted pick-up time will result in a storage fee of $100.00 per day, per invoice. Items remaining at sale location after the pick-up day(s) will be considered abandoned and will only be available at the auctioneer’s discretion. Ownership of item will then revert to party with primary vested interest in the item and any funds paid shall be forfeited. The buyer agrees to pay all costs and fees associated with delinquent accounts, abandoned items, and forfeited items, including but not limited to legal, collection, and other fees including transportation and storage expenses. All premiums and fees remain applicable. Winning bidders who fail to attend the removal and haven’t made alternative arrangements with the affiliate prior to the removal day, lose claim to the assets on their winning bidder invoice. Auctioneer will decide how unclaimed assets will be handled. The second highest bidder may, but not necessarily, be given the opportunity to purchase unclaimed assets for their highest bid. In the event that the original bidder has defaulted on the payment obligation, that bidder remains liable of all claims and remedies agreed upon in these terms and conditions and that may apply under applicable law. Disclaimer of Warranty and Liability Regarding Use of EMonlineauction.com’s Website: You agree that use of Equipment Marketplace is at your sole risk. Neither Equipment Marketplace nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Equipment Marketplace, or the like, warrant that websites affiliated with Equipment Marketplace, including, but not limited to, Equipment Marketplace, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Equipment Marketplace may contain inaccuracies or typographical errors. Equipment Marketplace makes no warranty as to the results that may be obtained from the use of Equipment Marketplace or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Equipment Marketplace. Equipment Marketplace shall not be responsible for any opinions, views, advice, or statements posted on Equipment Marketplace (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Equipment Marketplace spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Equipment Marketplace spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification. Your use of EMonlineauction.com is at your sole risk. This website, including the service and software, is provided by Equipment Marketplace LLC , On an "As is" and "As available" basis. To the fullest extent permissible by applicable law, Equipment Marketplace disclaims all implied warranties, including, but not limited to, implied and statutory warranties of merchantability, fitness for a particular purpose, and non-infringement. Equipment Marketplace makes no representations or warranties of any kind, express or implied, as to the operation of Equipment Marketplace, security of the website, the results that may be obtained from Equipment Marketplace, the availability of any goods or services offered on or through the website, including e-mail, or the information, content, materials, or products included on the website. Without limiting the foregoing, Equipment Marketplace does not warrant that the materials are accurate, reliable or correct, that the site will meet your requirements, that the site will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected, or that the materials are free of viruses or other harmful components. Any service or software downloaded or otherwise obtained through the use of the website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or installation of any such material. Some states or other jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. No advice or information, whether oral or written, obtained by you from the website or service shall create any warranty not expressly stated in these terms & conditions. You expressly understand and agree that Equipment Marketplace will not be liable for any damages of any kind arising from the use of or inability to use the website, software, or any related services, including, but not limited to, direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if provider has been advised of the possibility of such damages).The limitations of this section shall apply notwithstanding any reliance on any information obtained from Equipment Marketplace or that results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to provider records, programs, or services, and whether or not Equipment Marketplace has been advised of the possibility of such damages. User hereby acknowledges that this limitation shall apply to all content, merchandise, and services available through Equipment Marketplace. This limitation of liability shall apply whether the damages arise from assembly, use or misuse of or reliance on Equipment Marketplace services or items purchased through Equipment Marketplace, from inability to use Equipment Marketplace' services or items purchased through Equipment Marketplace, or from the interruption, suspension, or termination of Equipment Marketplace' services (including such damages incurred by third parties).Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Disclaimer of Warranty and Liability Regarding Purchases on Equipment Marketplace’s Website: EMonlineAuction.com, makes no other warranties, either express or implied, with respect to the products, or any related services performed by Equipment Marketplace or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of merchantability or fitness for a particular purpose. You agree that Equipment Marketplace shall not be liable for personal injury and property damage resulting from the use, improper handling, modification, or misuse of the products by you or any other person after pickup. In no event shall Equipment Marketplace be liable to you or any other person for incidental or consequential damages including, but not limited to, loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise, and whether in an action for breach of warranty or otherwise.

Trademarks:

Equipment Marketplace's logos are trademarks of Equipment Marketplace. All rights reserved. Any trademarks appearing on Equipment Marketplace are the property of their respective owners.

Dispute Resolution:

By agreeing to these Terms & Conditions, You and Equipment Marketplace each waive the right to a jury trial or to participate in a class action. Further, You agree that any and all disputes, claims, and causes of action relating in any way to Your use of Equipment Marketplace, including Your use prior to agreeing to these Terms & Conditions, or to any products sold by Equipment Marketplace will be resolved by binding arbitration, rather than in court, except that, claims may be asserted in small claims court when applicable. You agree that any and all claims, disputes, and causes of action between You and Equipment Marketplace, including those relating to Your use of the Equipment Marketplace website or these Terms & Conditions (each a "Dispute" and collectively, "Disputes"), shall be resolved as set forth in this section. Before initiating any formal dispute resolution proceedings, You agree to negotiate with Equipment Marketplace regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to Equipment Marketplace in a manner specified in the "Notices" section below. If Equipment Marketplace and You do not reach an agreement regarding a Dispute within 30 days following Equipment Marketplace' receipt of the Notice of Dispute, Equipment Marketplace and You agree to submit such Dispute to binding arbitration, on an individual basis, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA rules"). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal.

General Liability:

Equipment Marketplace liability shall be limited to the item’s purchase price.

Cancellation Fee:

By placing a winning bid, bidders become Buyers. Buyers have promised (and thus are obligated) to complete the purchase in accordance with these terms and conditions. Equipment Marketplace, its Affiliates, and its sellers rely on the Buyer’s promise to pay for the items. Because its website is used by, and geared toward, business and commercial enterprises and others with knowledge of and experience with online auctions, Equipment Marketplace anticipates that bidders know or should know that a significant number of items sold at Equipment Marketplace auctions must be removed from their current locations within a specific (often short) amount of time after the auction closes or else the seller (or Equipment Marketplace) may incur significant losses. Thus if Buyer fails to complete the purchase and retrieve the items as agreed in these terms and condition, Equipment Marketplace will suffer significant harm, including but not limited to, the loss of Equipment Marketplace’s commission and buyer’s premium, costs and expenses to re-auction or otherwise sell the item, costs of storage or disposal of the items, and damage or loss of Equipment Marketplace’s business relationships with its clients and sellers. If a winning bidder fails to complete the purchase within the time allotted, Equipment Marketplace may consider the bid abandoned. In such cases, Equipment Marketplace may charge a cancellation fee of 20% of Buyer’s final purchase price. By agreeing to these terms and conditions you specifically authorize Equipment Marketplace to charge the cancellation fee to the credit card on file.

No Pay/ No show process

1st Time under $100 invoice - $20 fee, + an e-mail with conditions and WARNING (e-mail template)1st Time over $100 invoice $35 fee, + an e-mail with conditions and WARNING (e-mail template)2nd Time under $100 invoice -$20 fee + FINAL WARNING2nd Time over $100 invoice = $35 + 20% of unpaid invoice amount & FINAL WARNING3rd time - Blocked - A third incident will result in a permanent ban from the site (IP address blocked)....New access can only potentially be obtained through an appeal to the Equipment Marketplace management....Any blocked bidder caught opening a new account will be fined $50 and permanently banned with no appeal.

Cumulative Remedies:

The remedies and claims available to the parties under any applicable terms and conditions are in addition to any other claims or remedies the parties may have under applicable law.

Attorneys’ Fees:

You agree that Auctioneer shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses incurred to enforce any of the provisions in these terms and conditions and to prosecute or defend any claims or lawsuits or other dispute resolution proceedings arising out of bidder/buyer’s participation in any auction.

Indemnity:

You agree to indemnify, defend, and hold Equipment Marketplace and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from all claims, demands, suites, liability, costs and expenses, including reasonable attorneys' fees, arising out of, or in connection with (i) your the use of Equipment Marketplace’s website or any of the services offered by Equipment Marketplace, (ii) any violation of these Terms & Conditions by you, (iii) any violation of applicable law or court order by you, and (iv) any negligence or willful misconduct by you.

Applicable Law & Severability Clause:

This Terms & Conditions Agreement and Your use of Equipment Marketplace shall be governed by the laws of the United States of America and the State of Missouri. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Missouri. You agree to accept the jurisdiction of such courts. Void outside of the United States. Void where prohibited or restricted by law. If You open an account or participate in auctions offered by Equipment Marketplace while located in a prohibited jurisdiction, You will be in violation of the law and these Terms &Conditions and subject to having Your account suspended or closed permanently. You agree that Equipment Marketplace cannot be held liable if laws applicable to You restrict or prohibit Your participation. The UN Convention on the International Sale of Goods shall not apply. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.

External Links:

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Waiver:

Any waiver of any provision by Equipment Marketplace of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed/notarized by Equipment Marketplace.

Notices:

Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Equipment Marketplace by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to Equipment Marketplace LLC, 3160 W Arrow St. Marshall, MO 65340 or via email Support@EMonlineAuction.com

Limitations:

The above-stated Terms and Conditions for Equipment Marketplace Auctions cannot be altered except in writing by Equipment Marketplace. These terms and conditions are in addition and supplement any other applicable terms and conditions governing the use of EMonlineauction.com.