Terms of Use

Industrial Auction Hub (industrialauctionhub.com) TERMS OF USE

 

PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS

Welcome  to IndustrialAuctionHub.com, home of the web's fastest growing  Industrial Auction website (hereafter sometimes referred to as ( ''we'',  ''us'' , ''our'').  By using the IndustrialAuctionHub.com website (the  ''Website'') you agree to be bound by these Terms of Use (this  ''Agreement''), whether or not you register as an Auction company  (''Company''), an Auction buyer (''Buyer''), or use the Website  anonymously,  please read these Terms of Use. If you object to anything  in this Agreement or the IndustrialAuctionHub.com Privacy Policy, do not  use the Website or the Service. This Agreement is subject to change by  IndustrialAuctionHub.com at any time, effective upon posting on the  Website, and your use of the Service after such posting will constitute  acceptance by you of such changes. These terms of service govern the  relationship between you and IndustrialAuctionHub.com.

Modification to this Agreement   We reserve the right, at our sole discretion, to change, modify or  otherwise alter these terms and conditions at any time. Such  modifications shall become effective immediately upon the posting  thereof. You must review this agreement on a regular basis to keep  yourself apprised of any change

Account Access.  You must provide your legal full name, a valid email address, and any  other information requested in order to complete subscription process.  You must provide a valid email address to become a Registrant.  You are  responsible for maintaining the security of your account and password.   IndustrialAuctionHub.com cannot and will not be liable for any loss or  damage from your failure to comply with this security obligation.

Age Requirements. This website's content is intended for adults and we will not knowingly  collect personal information from children under 18 years of age. If  you are a parent or legal guardian of a child under age 18 who you  believe has submitted personal information to this site, please contact  us at immediately. You must be at least eighteen (18) years of age to  subscribe IndustrialAuctionHub.com.  By using the Website, you represent  and warrant that you have the right, authority and capacity to enter  into this Agreement and to abide by all of the terms and conditions of  this Agreement.

Conduct

You agree not to post, email, or otherwise make available Content:

  • that  is unlawful, harmful, threatening, abusive, harassing, defamatory,  libelous, invasive of another’s privacy, or is harmful to minors in any  way;
  • that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
  • that  harasses, degrades, intimidates or is hateful toward an individual or  group of individuals on the basis of religion, gender, sexual  orientation, race, ethnicity, age, or disability;
  • that suggests a  discriminatory preference based on race, color, national origin,  religion, sex, familial status or handicap (or violates any state or  local law prohibiting discrimination on the basis of these or other  characteristics);
  • that violates federal, state, or local equal  employment opportunity laws, including but not limited to, stating in  any advertisement for employment a preference or requirement based on  race, color, religion, sex, national origin, age, or disability;
  • with  respect to employers that employ four or more employees, that violates  the anti-discrimination provision of the Immigration and Nationality  Act, including requiring U.S. citizenship or lawful permanent residency  (green card status) as a condition for employment, unless otherwise  required in order to comply with law, regulation, executive order, or  federal, state, or local government contract;
  • that impersonates  any person or entity, including, but not limited to, a Industrial  Auction Hub employee, or falsely states or otherwise misrepresents your  affiliation with a person or entity (this provision does not apply to  Content that constitutes lawful non-deceptive parody of public  figures.);
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
  • that  infringes any patent, trademark, trade secret, copyright or other  proprietary rights of any party, or Content that you do not have a right  to make available under any law or under contractual or fiduciary  relationships;
  • that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  • that  constitutes or contains any form of advertising or solicitation if:  posted in areas of Industrial Auction Hub which are not designated for  such purposes;
  • or emailed to Industrial Auction Hub users who  have not indicated in writing that it is ok to contact them about other  services, products or commercial interests. that includes links to  commercial services or web sites, except as specifically permitted;
  • that  advertises any illegal service or the sale of any items the sale of  which is prohibited or restricted by any applicable law;
  • that  contains software viruses or any other computer code, files or programs  designed to interrupt, destroy or limit the functionality of any  computer software or hardware or telecommunications equipment;
  • that  disrupts the normal flow of dialogue with an excessive amount of  Content (flooding attack) to the Service, or that otherwise negatively  affects other users’ ability to use the Service;
  • or that employs  misleading email addresses, or forged headers or otherwise manipulated  identifiers in order to disguise the origin of Content transmitted  through the Service.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted;
  • “stalk” or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use  automated means, including spiders, robots, crawlers, data mining  tools, or the like to download data from the Service – unless expressly  permitted by Industrial Auction Hub;
  • post irrelevant Content,  repeatedly post the same or similar Content or otherwise impose an  unreasonable or disproportionately large load on our infrastructure;
  • post the same item or service in more than one classified category or forum;
  • attempt  to gain unauthorized access to Industrial Auction Hub’s computer  systems or engage in any activity that disrupts, diminishes the quality  of, interferes with the performance of, or impairs the functionality of,  the Service or Industrial Auction Hub;
  • or use any form of  automated device or computer program that enables the submission of  Content on Industrial Auction Hub without such Content being manually  entered by the author thereof (an “automated posting device”), including  without limitation, the use of any such automated posting device to  submit Content in bulk, or for automatic submission of Content at  regular intervals.

No Spam Policy. You  understand and agree that sending unsolicited email advertisements to  Industrial Auction Hub email addresses or through Industrial Auction Hub  computer systems is expressly prohibited by these TOU. Any unauthorized  use of Industrial Auction Hub computer systems is a violation of the  TOU and certain federal and state laws, including without limitation the  Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such  violations may subject the sender and his or her agents to civil and  criminal penalties.

Blocking of IP Addresses. In  order to protect the integrity of the Service,  IndustrialAuctionHub.com  reserves the right at any time in its sole discretion to block  Registrants and Members from certain IP addresses from accessing the  Website.

Copyright Abuse. We respond  expeditiously to notices of claimed copyright infringement and terminate  users or account holders who are ''repeat infringers''.  Pursuant to  the Digital Millennium Copyright Act, we respond to notices of copyright  infringement if they conform with the requirements of 17 USC 512(c) by  including the following information:

The signature of a person authorized to act on behalf of the owner of the infringed copyright;

Identification of the copyrighted work or works claimed to have been infringed;

Identification  of the material that is claimed to be infringing or to be the subject  of infringing activity and that is to be removed;

Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);

A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and

A  statement signed under penalty of perjury, that information in the  complaint is accurate and that the complaining party is authorized to  act on behalf of the copyright owner.

Notices must be sent to Industrial Auction Hub, 752 Winer Industrial Way suite g, Lawrenceville, GA 30043

Disclaimers of Warranties. The Website and the Service are provided ''AS-IS'' and on an  ''AS-AVAILABLE'' basis.  IndustrialAuctionHub.com expressly disclaims  any warranty of fitness for a particular purpose or non-infringement.  IndustrialAuctionHub.com cannot guarantee and does not promise any  specific results from the use of the Website and/or Service. You agree  that you must evaluate, and bear all risks associated with, the use of  any Website content and Services, including any reliance on the  accuracy, completeness, or usefulness of such content. In this regard,  you acknowledge that you may not rely on any content created by  IndustrialAuctionHub.com or submitted to IndustrialAuctionHub.com. Use  of the Website and the Services may result in technical malfunction,  delay, misdelivery, or other problems with other systems, programs, or  computer hardware. IndustrialAuctionHub.com cannot and does not  guarantee compatibility with other systems and hardware.

Description of the Service.  IndustrialAuctionHub.com  provides industrial auction companies and industrial machinery dealers a  platform to promote their company and upcoming events, as well as other  products and services.  Some of these products and services are free.   Any product/service with a charge involved, will be clearly marked as  such.   Buyers may access the upcoming auction information and photos  free of charge and without registering.  If a Buyer would like to  receive weekly notifications of sales in their area, they may sign up at  no cost for our email notifications.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally  binding terms of your use of the Website and your relationship to the  Service. This Agreement may be modified by IndustrialAuctionHub.com,  from time to time, such modifications to be effective upon posting by  IndustrialAuctionHub.com on the Website.  By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms,  conditions and notices contained or referenced herein.

Electronic Form. By accessing the Website or becoming a Member, you consent to have this  Agreement provided to you in electronic form. In order to access and  retain this electronic Agreement, you must have access to the World Wide  Web, either directly or through devices that access web-based content,  and pay any service fees associated with such access. In addition, you  must have all the equipment necessary to make such connection to the  World Wide Web, including a computer and modem or other access device.  Please print a copy of this document for your records. To retain an  electronic copy of this Agreement, you may save it to into any word  processing program. You have a right to a paper copy of this Agreement.  If you would like a paper copy, please email us at  support@IndustrialAuctionHub.com

Grant of License.    Companies who sign up with IndustrialAuctionHub.com, give Industrial  Auction Hub and its employees the license to access their Auction  listing information and re-distribute that information on  IndustrialAuctionHub.com.  By registering with IndustrialAuctionHub.com,  the company represents that they have the authority to authorize IndustrialAuctionHub.com's use of this information regardless of any  posted copyright notices.  The company will be responsible for verifying  that the information posted on IndustrialAuctionHub.com is correct,  whether it was posted by the company or by Industrial Auction Hub  disclaims any liability for errors, omissions, or changes.  Companies  may use the IndustrialAuctionHub.com service without granting this  license, by notifying Industrial Auction Hub in writing.

Company hereby grants the following license:

to access and reproduce upcoming Auction information found on the company's own website;

to access and reproduce upcoming Auction information that the company has posted on any third-party website;

Listing Feed Service.   IndustrialAuctionHub.com may provide a free automatic feed to a  company's listing data.  This feed service allows a company to post  upcoming events to IndustrialAuctionHub.com and have those listings  display on the Company's website.  If you publicly display data from our  free Listing Feed, you must display the IndustrialAuctionHub.com links  contained in the code. 

Member Disputes. You are solely responsible for your interactions with other IndustrialAuctionHub.com Registrants and Members.  

No Resale or Redistribution of Service. Except as expressly authorized by IndustrialAuctionHub.com, you agree  not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of  the Service or the Software, use of the Service, or access to the  Service or computer code that powers the Service (hereafter sometimes  "Software").

Privacy. Please see our complete  Privacy Policy, which is incorporated into this Agreement. Further, you  acknowledge, consent and agree that IndustrialAuctionHub.com may access,  preserve and disclose your account information and content if required  to do so by law or in a good faith belief that such access preservation  or disclosure is reasonably necessary to: (a) comply with legal process;  (b) enforce this Agreement; (c) respond to claims that any Content  violates the rights of third parties; (d) respond to your requests for  customer service; or (e) protect the rights, property or personal safety  of IndustrialAuctionHub.com, its users and the public.

Unauthorized Users. You must be a human. Accounts registered by ''bots''  or other automated methods are not permitted.

Unauthorized Uses. You must not modify, adapt or hack the Service or modify another  website so as to falsely imply that it is associated with the Service or  IndustrialAuctionHub.com. You may not reverse engineer or reuse source  code that is in public view. This includes any and all javascript. The  code is IndustrialAuctionHub.com's copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to  modify the Software in any manner or form, nor to use modified versions  of the Software, including (without limitation) for the purpose of  obtaining unauthorized access to the Service. You agree not to access  the Service by any means other than through the interface that is  provided by IndustrialAuctionHub.com for use in accessing the Service.  You acknowledge that the Service is not intended for permanent storage  and agree not to use the Service for archiving or back-up purposes.

BRAND AGREEMENT

Legal  Disclaimer: By logging in to your Industrial Auction Hub account, you  are agreeing to the terms below and you are stating that you have the  authority to represent the manufacturer’s products, pricing, and  copyrighted material online. If you do not agree to the terms, or if you  do not have the legal right to represent this brand relative to the  terms below, please do not login to the account.

 Parties: This “Agreement” between “I” or “me” or the “Company” and Industrial Auction Hub. (“Industrial Auction Hub”, together with me, “we” or the “parties”)  governs the relationship between the parties. The parties agree to  conduct this transaction and permit the creation of this Agreement by  electronic means.

Registration and Subscription; Pricing. You may become a Registered Company at no cost.  As a Registered  Company, you will have the ability to post listings and images, and  access other marketing services.  

In order to promote your  company on our website and access referrals from buyers/sellers who are  looking to hire an auctioneer, you must pay a subscription fee.  

Depending  upon the subscription plan you choose it will allow your name to appear  in our directory of industrial auctioneers.  Your name will also be  available to potential buyers that fill out our referral form when they  are looking to hire an auction company or to buy any equipment listed on  IndustrialAuctionHub.com.

To check all available subscription plans contact support@industrialauctionhub.com

Proprietary Rights. IndustrialAuctionHub.com  owns and retains all proprietary rights in the Website and the Service.  The Website contains the copyrighted material, trademarks, and other proprietary information of IndustrialAuctionHub.com, and its licensors.  Except for that information which is in the public domain or for which  you have been given written permission, you may not copy, modify,  publish, transmit, distribute, perform, display, or sell any such  proprietary information. You may not post, distribute, or reproduce in  any way any copyrighted material, trademarks, or other proprietary  information without obtaining the prior written consent of the owner of  such proprietary rights.

Content: I hereby  license to Industrial Auction Hub the use of the images (including logo,  products, installation photos, etc.), product catalog, and related  data, such as and including product pricing, that I provide or have  placed on my website (such images, product catalog, related data, the “Content”) for display on Industrial Auction Hub and “Affiliated Sites,”  including related websites, social media websites, picture hosting  websites, and all other website Industrial Auction Hub at its sole  discretion believes will provide beneficial exposure to me, and for use  in emails, quote requests and promotional materials. I may make  suggestions for the best way to showcase my products or display the  Content at any time, but Industrial Auction Hub retains full discretion  regarding what Content (if any) to display, how, and where. I represent  and warrant that I have obtained all rights in the Content necessary for  Industrial Auction Hub to exercise the rights granted hereunder, that  the Content is accurate and representative of my products, and that I  will update my Industrial Auction Hub account with any updates to the Content necessary to keep such Content accurate and representative of my  products. Industrial Auction Hub and Affiliated Sites are not  responsible for any damages associated with the Content or its  interpretation.

Subscriptions; Charges on your Billing Account.

General. You agree to pay IndustrialAuctionHub.com the subscription fee  (''Subscription Fee'') specified in the sign up page during the  subscription Period (''Subscription Period''). The Subscription Period  varies depending on the plan you sign up for. We currently offer either  monthly or annual subscriptions.

Payment Method. A  valid credit card is required to subscribe to the Service.  IndustrialAuctionHub.com bills you through a secure online account (your  ''Billing Account') for use of the Service. We have an SSL certificate  that prohibits your sensitive credit card information from being  intercepted. Your complete billing information is not stored on  IndustrialAuctionHub.com  servers. For your protection, our secure  payment gateway partner stores your complete billing information. You  agree to pay IndustrialAuctionHub.com for all charges at the prices then  in effect for any use of the Service by you or other persons (including  your agents) using your Billing Account, and you authorize  IndustrialAuctionHub.com to charge your chosen credit card (your  ''Payment Method'') for the Service. You agree to make payment using  that selected Payment Method.  If IndustrialAuctionHub.com does not  receive payment from your Payment Method, you agree to pay all amounts  due on your Billing Account on demand.

Auto-Renewal of Your Subscription Period. You will be entitled to receive the Service only during the  subscription period (''Subscription Period') specified on your Billing  Form.  Monthly subscriptions will automatically renew at the end of your  subscription period until cancelled by you. You will not receive  further notice of auto-renewal. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically  deducted from the account on file each billing cycle, unless I cancel my  account.

Length of Contract: This Agreement is valid up to and until I cancel my account.

Billing:  In the event that a payment is due on my Membership, but my credit card  on file in no longer valid or active, Industrial Auction Hub may  attempt to contact me to determine updated account information.  Industrial Auction Hub will wait thirty (30) days before canceling my  membership. 

Termination: I may request  termination of this agreement at any time.  Termination will take effect  upon the end of the last day of my billing cycle.  Industrial Auction  Hub may terminate this agreement at will.  In the event Industrial  Auction Hub terminates this agreement early, and I am not in violation  of any term of this Agreement, I will receive a prorated reimbursement  for the portion of the billing cycle remaining.

Term. This Agreement will remain in  full force and  effect while you use the Website and/or are a Member. You  may cancel  your Membership at any time, for any reason.  IndustrialAuctionHub.com may terminate your Membership by sending notice  to you at the email  address you provide in your application for  membership, or such other  email address as you may later provide to  IndustrialAuctionHub.com.  If   IndustrialAuctionHub.com terminates your  membership in this Service because you have breached  this Agreement, you  will not be entitled to any refund of unused  

Subscription Fees. All  decisions regarding the termination of accounts  shall be made in the  sole discretion of IndustrialAuctionHub.com. IndustrialAuctionHub.com is  not required, and may be prohibited, from disclosing a reason for  the  termination of your account. Even after your membership or  subscription  is terminated, this Agreement will remain in effect. All  terms that by  their nature may survive termination of this Agreement  shall be deemed  to survive such termination. Such termination of the  Service will result  in the deactivation or deletion of your Account or  your access to your  Account, and the forfeiture and relinquishment of  all Content in your  Account. IndustrialAuctionHub.com reserves the right to refuse service  to anyone for any reason at any time.

Modifications to Service.   IndustrialAuctionHub.com reserves the right at any time to modify or  discontinue, temporarily or permanently, the Service (or any part  thereof) with or without notice. You agree that  IndustrialAuctionHub.com  shall not be liable to you or to any third  party for any modification, suspension or discontinuance of the Service.

 

Third-Party Content. Certain content includes materials from third parties. In addition,  IndustrialAuctionHub.com may provide links to certain third-party  Websites. You acknowledge and agree that IndustrialAuctionHub.com is not  responsible for examining or evaluating the content or accuracy of any  such third-party material or Websites. Links to other Websites are  provided solely as a convenience to you. Because  IndustrialAuctionHub.com has no control over such sites and resources,  you acknowledge and agree that IndustrialAuctionHub.com is not  responsible for the availability of such external sites or resources,  and does not endorse and is not responsible or liable for any Content,  advertising, products or other materials on or available from such sites  or resources. You agree that you will not use any third-party materials  in a manner that would infringe or violate the rights of any other  party, and that IndustrialAuctionHub.com is not in any way responsible  for any such use by you.

 

Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no  event will IndustrialAuctionHub.com be liable to you or any third person  for any direct, indirect, consequential, exemplary, incidental, special  or punitive damages, including but not limited to, damages for loss of  profits, goodwill, use, data or other intangible losses (even if  IndustrialAuctionHub.com has been advised of the possibility of such  damages), resulting from: (i) the use or the inability to use the  Service; (ii) the cost of procurement of substitute goods and services  resulting from your inability to access or obtain any goods, data,  information or services through or from the Service; (iii) unauthorized  access to or alteration of your transmissions or data; (iv) statements  or conduct of any third party on the service; or (v) any content posted  on the Website or transmitted to Registrants or Members; or (vi) any  inaccurate or out-of-date content published on the Website; or (vii) any  other matter relating to the Service. Nothwithstanding any provision to  the contrary, IndustrialAuctionHub.com's liability to you for any cause  whatsoever, and regardless of the form of the action, will at all times  be limited to the amount paid, if any, by you to  IndustrialAuctionHub.com in the twelve (12) months prior to the claimed  injury or damage.

Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or  the limitation or exclusion of liability for incidental or consequential  damages. Accordingly, some of the above limitations and disclaimers of  warranties may not apply to you.

Indemnity by You. You agree to indemnify and hold IndustrialAuctionHub.com, its  affiliates, officers, agents, and other partners and employees, harmless  from any loss, liability, claim, or demand, including reasonable  attorneys'  fees, made by any third party due to or arising out of your  use of the Service in violation of this Agreement and/or arising from a  breach of this Agreement and/or any breach of your representations and  warranties and/or your negligent or willful acts, and/or the violation  by you of IndustrialAuctionHub.com's or any third party's rights,  including without limitation privacy rights, other property rights,  trade secret, proprietary information, trademark, copyright, or patent  rights, and claims for libel slander, or unfair trade practices in  connection with the use or operation of the Service. You obligation to  indemnify will survive the expiration or termination of this Agreement  by either party for any reason.

 No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this  Agreement, there shall be no third party beneficiaries to this  Agreement.

Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service,  by using the Website, you expressly agree that any such dispute shall be  governed by the laws of the State of Georgia, without regard to its  conflict of laws provisions, and you expressly agree and consent to the  exclusive jurisdiction and venue of the state and federal courts of the  State of Georgia, for the resolution of any such dispute.

Other. The failure of IndustrialAuctionHub.com to exercise or enforce any  right or provision of the Terms of Service shall not constitute a waiver  of such right or provision. If any provision of this Agreement is held  invalid, the remainder of this Agreement shall continue in full force  and effect. The Terms of Service constitutes the entire agreement  between you and IndustrialAuctionHub.com and govern your use of the  Service, superseding any prior agreements between you and  IndustrialAuctionHub.com (including, but not limited to, any prior  versions of the Terms of Service).

 

Questions about the Terms of Service should be sent to support@industrialauctionhub.com

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