TERMS AND CONDITIONS GOVERNING THE USE OF rbauction.com ACCOUNT SERVICES (revised 2009)
Ritchie Bros. Auctioneers Incorporated ("RBA") offers visitors to its web site at rbauction.com the opportunity to sign up for a free member account. Account holders can:
- Add items to a personal Watchlist and save inventory searches
- Enter, save and maintain personal fleet information using our fleet valuator service
- Check historic selling prices from Ritchie Bros. auctions
- Bid online in real time at Ritchie Bros. auctions
- Receive timely email updates about auction dates and new services offered at rbauction.com
RBA reserves the right, at our sole discretion, to add, delete or change some or all of the rbauction.com Account Services at any time without notice.
The following Terms and Conditions govern the use of rbauction.com Account Services (the "rbauction.com Account Services Terms and Conditions"). Where RBA has provided any translation of the English language version of these Terms and Conditions, such translation is provided for your convenience only; to the extent there is any inconsistency between the English language version and any such translation, the English language version shall govern.
As used in these rbauction.com Account Services Terms and Conditions, "you" are an individual acting on your own behalf, or an agent of a person or entity that has authorized you to act on their behalf; "we" and "us" mean RBA.
RBA reserves the right, in its sole discretion, to allow or deny access to rbauction.com Account Services to any party.
There are no fees or costs associated with signing up for or maintaining a member account at rbauction.com.
As a condition of your use of rbauction.com Account Services, you warrant you will not:
- use rbauction.com Account Services for any purpose that is unlawful or prohibited by this Agreement;
- use rbauction.com Account Services in any manner that could damage, disable, overburden, or impair the rbauction.com web site;
- use any device, software or routine to interfere or attempt to interfere with the proper working of rbauction.com Account Services or the rbauction.com web site or any RBA auction;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- interfere with or disrupt any computer networks involved in the provision of rbauction.com Account Services;
- transmit any viruses or other code, files, or programs that may damage, disrupt, or interfere with rbauction.com Account Services or any other aspect of the rbauction.com web site;
- interfere with any other party's use of rbauction.com Account Services or the rbauction.com web site;
- use rbauction.com Account Services to upload, post or distribute any advertising or solicitations;
- use rbauction.com Account Services in such a way as to gain unauthorized access to the computer systems of others; or
- Engage in any data-mining activities using rbauction Account Services or otherwise engage in any commercial use of the information obtained through the same.
You acknowledge and agree that rbauction.com Account Services, the rbauction.com web site, and any software and information used in connection therewith contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained on the rbauction.com web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RBA, you agree not to modify, sell, distribute or create derivative works based on the rbauction.com web site or the content therein, in whole or in part.
The terms of the Privacy Statement set forth on the rbauction.com web site (the "RBA Privacy Statement") are incorporated by reference into this Agreement. You are encouraged to periodically review the RBA Privacy Statement.
By accepting these Account Services Terms and Conditions, you grant to RBA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use the User Information for any purposes in connection with Account Services. In addition, RBA may disclose aggregated user statistics that do not identify individual users.
RBA may disclose User Information, subject to any applicable laws, if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating this Agreement or may be causing injury to or interference (either intentionally or unintentionally) with RBA's rights or property, other users of Account Services, or anyone else that could be harmed by such activities. RBA may disclose User Information when we believe in good faith that the law requires such disclosure.
Any information supplied by any employee or agent of RBA, in any form whatsoever, is intended solely as general guidance on the use of Account Services and the buying and selling of lots at RBA auctions.
Without limiting any other remedies, RBA reserves the right, at its sole discretion, to revoke your access to Account Services at any time and without notice, for any reason, including, without limitation, if we (i) conclude you have engaged in activity unacceptable to RBA in connection with our site or the use of Account Services, or (ii) determine you are in breach of this Agreement.
You acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network and RBA cannot and does not guarantee continuous, uninterrupted or secure access to Account Services or the rbauction.com web site. You agree to hold RBA harmless for any interruptions in Account Services or the rbauction.com web site, or your inability to reach or effectively use Account Services or the rbauction.com web site. IN NO EVENT SHALL RBA BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ACCOUNT SERVICES.
ACCOUNT SERVICES AND THE rbauction.com WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH ACCOUNT SERVICES OR THE rbauction.com WEB SITE, ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. RBA DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH ACCOUNT SERVICES OR THE rbauction.com WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH ACCOUNT SERVICES OR THE rbauction.com WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. RBA MAKES NO WARRANTY THAT ACCOUNT SERVICES OR THE rbauction.com WEB SITE WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH ACCOUNT SERVICES OR THE rbauction.com WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING ACCOUNT SERVICES OR THE rbauction.com WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RBA OR THROUGH ACCOUNT SERVICES OR THE rbauction.com WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
RBA reserves the right to suspend, postpone or cancel any access to Account Services, without notice, if RBA determines, in its sole discretion, such action is appropriate. RBA shall have no liability to you as a result of such suspension, postponement or cancellation.
YOU UNDERSTAND AND AGREE THAT NEITHER RBA NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SHAREHOLDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OF ANY NATURE ARISING OUT OF (1) THE FAILURE OF ANY INFORMATION OR DATA TO BE TRANSMITTED OR RECEIVED IN A TIMELY FASHION, (2) THE INTERRUPTION OF ANY DATA TRANSMISSION, (3) THE DOWNLOADING OF ANY APPLICATIONS OR INFORMATION RELATED TO ACCOUNT SERVICES, OR (4) THE USE OF OR INABILITY TO USE ACCOUNT SERVICES OR THE rbauction.com WEB SITE, TO THE FULL EXTENT THOSE DAMAGES CAN BE DISCLAIMED BY LAW. THIS LIMITATION OF LIABILITY IS EXPRESSLY INTENDED TO APPLY TO ALL TYPES OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INFORMATION (INCLUDING LOSS OR REPLACEMENT OF ANY DATA, MEMORY OR OTHER INFORMATION WHICH IS ALTERED OR DAMAGED) OR BUSINESS INTERRUPTION (WHETHER RESULTING FROM FAILURES OR DELAYS IN DELIVERY OR PERFORMANCE).
You agree to indemnify, defend and hold harmless RBA and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of Account Services or the rbauction.com web site or your breach of this Agreement.
RBA may amend the rbauction.com Account Services Terms and Conditions at any time by posting the amendments on our web site.
To RBA: Notices must be sent by email to email@example.com and by certified mail to Ritchie Bros. Auctioneers, attention: Corporate Secretary; 9500 Glenlyon Parkway, Burnaby, BC, Canada, V5J 0C6 or such other address as may be designated from time to time.
To You: Except as explicitly stated otherwise, any notices under this Agreement shall be given by email to the email address provided to RBA during your registration, or as subsequently amended by you, on the rbauction.com web site. Notice shall be deemed given 24 hours after the email is sent. If your email address changes, you are responsible for notifying RBA of such change by updating your rbauction.com Account Services Profile on the rbauction.com web site.
The Account Terms and Conditions shall be governed by and interpreted under the laws of, and any action hereunder against RBA shall be commenced in the State, or Province, and Country in which the relevant auction occurs.
The failure of RBA to enforce any terms of this Agreement in whole or in part or to respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any term or condition of this Agreement or to act with respect to similar breaches.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law then such provision shall be enforced to the maximum extent possible and the remainder of the Agreement shall continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and RBA with respect to Account Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RBA with respect to Account Services.