BIDDER TERMS AND CONDITIONS
These Bidder Terms and Conditions apply to auctions conducted by My Horse Connection LLC (“MHC”), and constitute alegal, valid, binding, and enforceable contract between MHC and YOU. Together with any written purchase and sale agreement between YOU and the Seller of any Lot, these Bidder Terms and Conditions form the basis for the contract of sale between YOU and the Seller if YOU are the Winning Bidder on any Lot.
1. AUCTION CONDUCTED UNDER AND IN ACCORDANCE WITH THESE BIDDER TERMS AND CONDITIONS, ADDITIONAL TERMS AND CONDITIONS POSTED BY MHC, AND ANNOUNCEMENTS MADE AT THE TIME OF THE AUCTION, AND APPLICABLE LAW; ACCEPTANCE OF BIDDER TERMS AND CONDITIONS. The Auction is conducted under and in accordance with these Bidder Terms and Conditions, any and all other Terms and Conditions posted by MHC, any announcements or corrections made by MHC prior to or at the time of the online Auction, and applicable law. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND REASONABLE OPPORTUNITY TO REVIEW THESE BIDDER TERMS AND CONDITIONS, THAT YOU HAVE READ THESE BIDDER TERMS AND CONDITIONS, THAT YOU UNDERSTAND THESE BIDDER TERMS AND CONDITIONS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE BIDDER TERMS AND CONDITIONS. YOUR participation in the Auction, whether online, telephonically, or through any other means authorized by MHC evidences, YOUR agreement to be bound by, and to abide by, all Bidder Terms and Conditions.
2. DEFINITIONS. The following definitions apply to these Bidder Terms and Conditions:
“Absentee Bid” means a bid submitted to MHC by an Absentee Bidder for the execution during the Auction under terms
established by MHC.
“Absentee Bidder” means a person or entity that submits an Absentee Bid. An absentee Bidder may or may not be physically present at the Auction Site during the Auction.
“Absolute Auction” or “Absolute” applies only if and when expressly indicated in writing by MHC and means that Lot is sold tothe highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. This type of auction is also known as an auction without reserve. Provided that a bid is received within a reasonable time after bidding opens on a Lot, the Lot will be sold to the highest bidder regardless of the final bid amount. A Lot exposed for sale at Absolute Auction may be withdrawn by MHC if a bid is not received within a reasonable time after bidding opens on the Lot. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY MHC IN WRITING, NO AUCTION IS CONDUCTED BY MHC AS AN ABSOLUTE AUCTION, AND NO LOT IS BEING EXPOSED FOR SALE AT ABSOLUTE AUCTION OR WITHOUT RESERVE.
“Auction” means an auction conducted by MHC.
“Auction Catalog” means the MHC online catalog or listing that identifies Lots included in the Auction
“Bidder” means any person or entity (and the agents or representatives of any such person or entity) that registers, and/orbids, and/or buys, and/or otherwise participates in the Auction (including, without being limited to, inspection and/or pick-up), regardless of whether such person or entity tenders a bid.
“Bidder Account” the online account identified to a Bidder by MHC or by an Online Auction Platform Provider on Bidder’sRegistration. (See, also, Bidder Number).
“Bidder Number” means the number or other identifier issued by MHC to a Bidder for the purposes of identifying bids to suchBidder. (See, also, Bidder Account).
“Bidder Registration” means the registration of a Bidder to participate at the online Auction (either online, or onsite, or both),including the information provided by a Bidder, and the Bidder’s to be bound by these Bidder terms and Conditions.
"Bidder Terms and Conditions" means these Bidder Terms and Conditions. "Buyer" means the Winning Bidder on a Lot.
“Buyer’s Premium” is a non-refundable administrative fee calculated as a percentage of the Hammer Price that is payable bythe Buyer of each Lot to MHC for MHC’s own account. If a Lot is offered Subject to Seller’s Confirmation, the Buyer’s Premiumwill be calculated on the amount of the High Bid Subject to Confirmation or such other amount as may be agreed to betweenSeller and Buyer, whichever is greater. The Buyer’s Premium is earned by MHC, and becomes MHC’s property, at the Fall of the Hammer.
“Commission” means the amount payable by or on behalf of Seller to MHC for MHC’s services, calculated as a percentage ofthe Hammer Price.
“Contract Price” means an amount equal to the Hammer Price. Any sales tax or similar such taxes or fees will be based on the Contract Price.
“Delivery” means the transfer of possession a Lot to the Buyer. Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located during the Auction or at such other address as indicated on MHC’s website. Delivery doesnot mean that MHC will move or relocate any Lot from any physical Lot location during the Auction, or as indicated on MHC's website, to any other location directed by the Buyer. Unless otherwise expressly agreed in writing, MHC will not move or relocate any Lot(s) on behalf of the Buyer.
“Fall of the Hammer” means the point at which MHC declares a Lot “sold” to the Bidder electronically at the end of timed (orextended) bidding as acknowledged by MHC as having made the Winning Bid. During an online auction, the Fall of theHammer may occur if a Lot is exposed for sale Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’sconfirmation of the sale either at the High Bid Subject to Confirmation or at such other amount as may be agreed to by Seller and the Buyer.
“Hammer Price” means the High Bid amount recognized by MHC with the Fall of the Hammer. If a Lot is exposed for sale Subject to Seller’s Confirmation, the Hammer Price will be (i) the High Bid Subject to Confirmation if confirmed by Seller, or (ii) such other amount as may be agreed to, in good faith, by Seller and the Buyer, whichever is greater.
"High Bid Subject to Confirmation" means the high bid amount recognized by MHC at the conclusion of bidding on a Lot that is Subject to Seller's Confirmation. If (i) the High Bid Subject to Confirmation is confirmed by Seller, or (ii) Seller and Buyer agree, in good faith, to some other greater amount, it will be the Hammer Price.
"High Estimate" means an amount that, in the opinion of MHC anticipates that a Lot may bring at the high end of a spectrum of possible bids. The High Estimate, if used, is not an appraisal or representation by MHC, and cannot be relied upon by anyone as such.
“Lot” means each individual item or grouping of items exposed for sale at one time by MHC.
“Lot Location” means, with respect to each Lot included in the Auction, the physical location of the Lot as disclosed in theAuction Catalog.
"Low Estimate" means an amount that, in the opinion of MHC anticipates that a Lot may bring at the low end of a spectrum of possible bids. The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.
““MHC” shall include all of MHC’s employees, personnel, owners, affiliates, assigns, representatives, agents, and contractors.
“MHC Website” means the website located at www.myhorseconnection.com that connects to the Online Auction Platform.
“No Sale” occurs if bidding opens on a Lot, but the Lot is not sold because MHC passes the Lot, declares a No Sale orotherwise withdraws the Lot from the Auction.
“Online Auction Platform” means the hardware and software utilized by MHC to conduct the Auction online and to facilitateonline bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.
“Online Auction Platform Provider” means the provider of an Online Auction Platform and related services.
"Online Bidding Period" means any period established by MHC during which online bids may be tendered.
“Private Sale” means an event in which a Lot is sold by Seller, or on Seller’s behalf, other than through the Auction.
“Private Sale Price” means the fair market purchase price of the Lot paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and the purchaser of the Lot. If the Lot is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Lot in an arms-length transaction.
“Racehorse Style Closing” shall have the meaning as described in Section 8.7 below.
“Registration Deposit” means, if required by MHC, a deposit made by a Bidder in order to register for the Auction. MHC mayrequire that a Registration Deposit be made in certified funds or in such other form of payment as determined by MHC in its sole discretion.
“Reserve” or “With Reserve” means that any Lot may be withdrawn by the MHC and/or bids may be rejected by MHC prior tothe Fall of the Hammer. While Lots exposed for sale With Reserve may be subject to a Reserve Price, the establishment of a Reserve Price by MHC is not required. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY MHC IN WRITING, ALL LOTS ARE BEING EXPOSED FOR SALE WITH RESERVE.
“Reserve Price” means the minimum price that Seller is willing to accept for a specific Lot. If a Lot is subject to a ReservePrice, the Lot will not be sold unless the Reserve Price is met or waived by Seller.
“Seller” means the person or entity having title to a Lot and/or having the power and authority to sell, transfer, and convey title to a Lot.
“Subject to Seller's Confirmation” means, with respect to any Lot expressly identified as being sold Subject to Seller’sConfirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by MHC, Sellermay determine, in Seller's sole and absolute discretion, to (i) accept such bid, (ii) reject such bid, or (iii) negotiate a higher price.
“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by Seller).
"Winning Bidder" means the Bidder who is recognized by MHC as having made the Winning Bid.
“Withdrawn,” “Withdrawal,” or “Withdraw” refers to the circumstance in which a Lot is removed or withdrawn from the Auction, or in which it is determined that such Lot will not be offered or sold at the Auction.
“Without Reserve” means Absolute.
3. NATURE OF THE AUCTION; AUCTION LOCATION; AUCTIONEER. (A) Unless expressly and explicitly stated in writing by MHC, the Auction is WITH RESERVE. MHC may Withdraw any Lot prior to the Fall of the Hammer on such Lot, even if bids have been tendered and/or recognized against such Lot. (B) All MHC Auctions are conducted by a licensed auctioneer in the State of Mississippi through an online bidding platform. All bids are solicited and received in the State of Mississippi. Auctioneer: Erica D. Way. License #1680. Address: 3001 Pat Station Road Starkville, MS 39759
4. BIDDER REGISTRATION; BIDDER QUALIFICATION. YOU are required to register to bid, and YOU must UTILIZE THE ONLINE Auction Platform required by MHC and YOU must provide a valid credit card in order to be approved for bidding. MHC may make a nominal charge of $1.00 (USD) or place a temporary hold against YOUR credit card for verification purposes only. MHC will not charge your credit card for purchase of sold Lot. MHC may establish such other Bidder Registration requirements and Bidder qualifications as MHC determines to be necessary or appropriate. YOU must provide such information (including identifying information and qualifications) as requested by MHC. MHC may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may suspend or revoke the bidding privileges of any Bidder at any time. By registering to bid, YOU represent to MHC that, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract as a Bidder. Each entity (i.e., corporation, limited liability company, or other organization) registering to bid represents that it has the power and authority to register as a Bidder, to bid, and to complete the purchase transaction if it is the Winning Bidder. If bids are made by or on behalf of an entity, the entity and any individual making the bid will be jointly and severally liable on account of the bid. In order to participate in the Auction as a Bidder, YOU are only required to create a Bidder Account ONCE. However, YOU will be required to complete Bidder Registration for each individual Auction. YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted on the MHC website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used byMHC. MHC may, in MHC’s sole and absolute discretion, receive bids from a person or entity that has not registered to bid and/ or has not satisfied all requirements for Bidder Registration, and, by bidding, such person or entity will be bound by these Bidder Terms and Conditions, any and all other terms and conditions published by MHC (including those posted on MHC’swebsite(s), or otherwise), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by MHC. BIDDER QUALIFICATION PROVISIONS ARE INTENDED FOR THE BENEFIT OF MHC AND SELLER, AND CREATE NO RIGHTS OR INTERESTS IN ANY OTHER PERSONS, INCLUDING COMPETING BIDDERS. MHC AND/OR SELLER MAY IN ITS SOLE DISCRETION WAIVE ANY BIDDER QUALIFICATION REQUIREMENTS, EITHER GLOBALLY OR ON A CASE-BY-CASE BASIS.
5. ACCESS TO LOT LOCATION, ONLINE AUCTION PLATFORM, AND/OR MHC WEBSITE. YOU assume all risks in connection with YOUR participation, or attempted participation, in the Auction, including, without being limited to, risks arising from or associated with (i) YOUR presence at the Lot Location; (ii) YOUR access to, and use of, any Online Auction Platform and/or the MHC Website; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property. YOU further agree that neither YOU nor any person accompanying YOU to, or otherwise visiting, the Lot Location will attempt to operate or activate any machinery or equipment without MHC’s express consent; and, that, YOU will assume all liability for property damage and/or personal injury caused by YOU or YOUR representatives, employees, independent contractors, or agents. YOU acknowledge and agree that the Lot Location may be potentially dangerous places that require YOU to be diligent, alert, and aware at all times. YOU, further, acknowledge and agree that (i) tethered and untethered equines may be present at the Lot Location; (ii) hazardous substances may be present at the Lot Location; (iii) machinery, equipment, and vehicles may be operated at the Lot Location; and (iv) electrical circuits may be live at the Lot Location. YOU enter the Lot Location at YOUR own risk with notice of the condition and activities that will be, or have been, conducted at the Lot Location; and YOU assume such risks with respect to YOURSELF and anyone, including any minor children, accompanying YOU or visiting the Lot Location on YOUR behalf. YOUR representatives, employees, independent contractors, or agents also assume such risks. No person will have any claim against MHC and/or Seller, or their respective agents or employees, for any injuries sustained or for damages to or loss of property that may occur at the Lot Location. Neither MHC nor Seller will be liable for any damages of any type or nature sustained or claimed by YOU or by any other person or entity in connection with, or in any way related to, the Auction. YOU waive any and all claims and/or causes of against MHC arising in connection with, or in any way related to (i) YOUR presence at the the Lot Location; (ii) removal, transport, or use of any Lot(s); and/or (iii) any harm, injury, or damage to YOU or YOUR property.
6. INHERENT RISKS OF EQUINE ACTIVITIES; ASSUMPTION OF THE RISK. PURSUANT TO ALABAMA LAW SECTION 6-5-337, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL (WHICH SHALL INCLUDE MHC AND SELLERS) IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, PURSUANT TO THE EQUINE ACTIVITIES LIABILITY PROTECTION ACT. BY PARTICIPATING IN THE AUCTION AND/OR OTHERWISE BEING PRESENT AT THELOT LOCATION, YOU (FOR YOURSELF, YOUR MINOR CHILDREN, AND ALL AGENTS, REPRESENTATIVES, EMPLOYEES, AND INDEPENDENT CONTRACTORS) ACKNOWLEDGE AND AGREE THAT THERE ARE INHERENT RISKS ASSOCIATED WITH EQUINE ACTIVITY AND BEING IN THE PRESENCE OR PROXIMITY OF HORSES. INHERENT RISKS OF EQUINE ACTIVITY INCLUDE, WITHOUT BEING LIMITED TO, THE FOLLOWING:
(i) THE PROPENSITY OF AN EQUINE TO BEHAVE IN WAYS THAT MIGHT RESULT IN DAMAGES TO PROPERTY OR INJURY, HARM OR DEATH TO PERSONS ON OR AROUND THE EQUINE. SUCH EQUINE BEHAVIOR INCLUDES, BUT IS NOT LIMITED TO, BUCKING, SHYING, KICKING, RUNNING, BITING, STUMBLING, REARING, FALLING, TRAMPLING, AND STEPPING ON;
(ii) THE UNPREDICTABILITY OF EQUINE REACTION TO SUCH THINGS AS SOUNDS, SUDDEN MOVEMENTS AND UNFAMILIAR OBJECTS, PERSONS OR OTHER ANIMALS;
(iii) THE UNPREDICTABILITY OF AN EQUINE REACTION TO BEING HANDLED, INSPECTED, OR VETTED;
(iv) THE UNPREDICTABILITY OF EQUINE PARTICULAR DISPOSITION OR TEMPERAMENT;
(v) CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITIONS;
(vi) COLLISIONS WITH OTHER EQUINE OR OBJECTS; AND
(vii) UNPREDICTABLE OR ERRATIC ACTIONS BY OTHERS RELATING TO EQUINE BEHAVIOR.
FOR YOURSELF, YOUR MINOR CHILDREN, AND ALL AGENTS, REPRESENTATIVES, EMPLOYEES, AND INDEPENDENT CONTRACTORS, YOU KNOWINGLY AND WILLINGLY ASSUME THE INHERENT RISK OF EQUINE ACTIVITIES AT, OR IN ANY WAY RELATED TO, THE AUCTION, AND YOU KNOWINGLY AND WILLING RELEASE AND FOREVER DISCHARGE MHC AND SELLER FROM ANY AND ALL LIABILITY WHATSOEVER, AND YOU AGREE THAT YOU WILL INDEMNIFY MHC AND SELLER, AND HOLD THEM HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, HARM, AND/OR CAUSES OF ACTION ARISING FROM, OR ASSOCIATED IN ANY WAY WITH, THE AUCTION, OR IN ANY WAY RELATED TO ANY HORSE(S) OR LIVESTOCK IN THE AUCTION.
7. BUYER'S PREMIUM. There is no Buyers Premium to be charged by MHC.
8. ONLINE AUCTION. In addition to all other terms and conditions set forth in these Bidder Terms and Conditions, the following terms and conditions apply to any online Auction held by MHC:
8.1. ACCESS TO ONLINE AUCTION PLATFORM AND MHC WEBSITE. YOU assume all risks in connection with YOUR use or access to of any Online Auction Platform utilized by MHC and the MHC Website, and YOU waive any and all claims and/or causes of against MHC arising in connection with, arising from, or in any way related to YOUR use or access to of any Online Auction Platform utilized by MHC and the MHC Website.
8.2. INTERNET PURCHASE FEE. There is no Internet Purchase Fee to be charged by MHC.
8.3. POSTED TIMES. Unless stated otherwise, all posted or listed times are intended to reference the local time zone of MHC, Central Time Zone. Posted closing times and time displays are approximate. MHC reserves the right, in MHC's sole and absolute discretion, to close early, extend, reset, or reopen the Auction (including bidding on any Lot(s)).
8.4. ONLINE BIDDING; MAXIMUM BIDS. Online bids may be submitted as a single advancing bid on a Lot, or as a maximum bid on a Lot, and bidding will advance competitively to the next available permitted increment. If YOU submit a single advancing bid on a Lot and YOUR bid is equal to or less than the maximum bid previously submitted by another Bidder on the same Lot, YOU will be automatically outbid and such bid rejected. If YOU submit a maximum bid on a Lot and a maximum bid has previously been submitted by another Bidder on the same Lot, bidding will advance to the next highest bid permitted increment after which either YOUR maximum bid or the previously submitted maximum bid has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount. If YOUR bid is shown as the current high bid on a Lot and another Bidder submits a bid (either as a single bid or as a maximum bid), bidding will advance to the next highest bid permitted increment after which either YOUR maximum bid or the maximum bid of the competing Bidder has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount. The Online Auction Platform Provider may disclose the amount of YOUR maximum bid to MHC.
8.5. 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. MHC 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 MHC’s internet connection, the MCH Website, computer, or system, act of God orotherwise. MHC 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.
8.6. FAILURES BY ONLINE AUCTION PLATFORM PROVIDER AND ITS AFFILIATES OR CONTRACTORS.Under no circumstances will MHC 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 MHC, to YOU, to Seller, or otherwise.
8.7. RACEHORSE STYLE CLOSING AND AUTOMATIC EXTENSION FEATURE. All Auctions will include an auto-extend, racehorse style closing. With this feature, ALL Lots will be set to close at the same time. However, bidding on ALL Lots will remain open if there has been at least one bid placed on ANY of the Lots within the last 5 minutes of the auction. Once 5 minutes has lapsed without any bidding on any Lots, the bidding on all Lots will close simultaneously. If a bid is placed on any Lot within the last 5 minutes of the auction, the clock will reset to 5 minutes on ALL Lots, even if the original ending time has been reached. Extended bidding means this will continue, and the auction is not declared closed until there have been 5 minutes passed with no bids placed on ANY Lot.
8.8. AUCTION DATES AND NOMINATION DEADLINES. MHC will offer monthly online auctions. Consigned horses will be listed and advertised for a minimum of two weeks; however, active bidding will only be open for 32 hours, beginning at 9 am (Central time) on Friday and closing 5 pm (Central time) on the last day of the auction with a Racehorse Style closing. See the sale schedule on MyHorseConnection.com to view sale dates and nomination deadlines.
8.9. DISCLAIMER. THE ONLINE AUCTION PLATFORM(S) AND MHC’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. MHC MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, (i) THAT THE ONLINE AUCTION PLATFORM(S), THE MHC 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 MHC 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 MHC 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. MHC 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 MHC’S WEBSITE OR TOTHE AUCTION WITHOUT NOTICE.
8.10. 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), MHC’s Website, any technology associated with theAuction, 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 or disable the proper functioning of the Online AuctionPlatform(s), MHC’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), MHC’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 MHC’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 MHC’s website. Access and use of any Online Auction Platform is subject to any and all terms and conditions of the Online Auction Platform Provider(s).
8.11. SECURITY OF BIDDER ACCOUNT. YOU are responsible for monitoring and maintaining the security of YOUR Bidder Account information. If, at any time, YOU know or suspect that YOUR Bidder Account has been hacked, cloned, compromised, or improperly accessed, YOU must notify MHC, in writing, immediately, and YOU may not be responsible for bids tendered through YOUR Bidder Account after such notice has been received by MHC and MHC has had reasonable time to act upon such written notice.
9. BID INCREMENTS; MINIMUM BIDS. Bid increments are established and controlled by MHC and may be adjusted ormodified in MHC’s sole and absolute discretion. MHC may establish a minimum bid on any or all lots, and if the minimum bid isnot 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 MHC.
- $0 - $10,000.00 = $500.00 bid increments
- $10,000.00 + = $250.00 bid increments
10. ABSENTEE BIDS; REMOTE BIDDING. In MHC’s discretion, MHC may receive Absentee Bids and/or bids tenderedby remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advanced in accordance withMHC’s policies and procedures. MHC will make reasonable efforts to execute Absentee Bids, but MHC will have no liability toany Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that a Lot may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require MHC to accept a bid that is less than a full bidding increment, MHC has the sole and absolute discretion to acknowledge or reject such bid. An Absentee Bidder may authorize MHC to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. MHC acts as the agent of the Seller only, and the receipt and/or execution of Absentee Bids will not create an agency relationship between MHC and any Absentee Bidder.
11. NO BID RETRACTION. YOU may not retract a bid that has been acknowledged by MHC or that has been submitted online. YOU acknowledge and agree that MHC is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for MHC to accept YOUR Bidder Registration and for YOU to bid at the Auction, YOU agree not to withdraw or to attempt to withdraw any bid tendered by YOU or on YOUR behalf.
12. RESPONSIBILITY FOR BIDS. YOU are responsible for all bids made using YOUR Bidder Number or YOUR Bidder Account, and if YOU tender a bid that is determined by MHC to be the Winning Bid, or if a Winning Bid is submitted from YOUR computer, or YOUR device, or from YOUR Bidder Account, YOU will be the Buyer. If YOUR Bidder Number is lost, stolen, or misappropriated, or if YOUR Bidder Account has been hacked or compromised YOU should notify MHC immediately. YOU will be liable for all bids tendered using YOUR Bidder Number or Bidder Account prior to giving MHC written notice that YOUR Bidder Number was lost, stolen, or misappropriated or that YOUR Bidder Account was hacked or compromised and MHC has had reasonable time to act upon written notice.
13. CONDUCT OF THE AUCTION. MHC will regulate all matters relating to the conduct of the Auction and MHC’sdecisions will be final and binding. MHC will have control over bidding, and MHC will resolve any and all disputes. MHC may,in MHC’s sole and absolute discretion, reopen the bidding if (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) after the Fall of the Hammer or other termination of the bidding MHC is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, or (iii) an online bid, tendered or attempted to be tendered prior to the Fall of the Hammer goes unrecognized, or (iv) some other bid dispute arises. Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by MHC prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. The determination of whether toreopen the bidding is within MHC’s sole and absolute discretion, and MHC is not required to reopen the bidding. MHC shall not be liable on account of MHC’s determination to reopen the bidding or not. MHC reserves the right, for any reason, in MHC’ssole discretion, to terminate, change or suspend the sale of any Lot or any aspect of any Auction sale. Advertised times for bidding on particular Lots are estimates provided for convenience only, and MHC will have no liability with respect to any Lots sold before or after an advertised time.
14. WINNING BIDDERS SUBJECT TO CERTIFICATION BY MHC. The final determination of the Winning Bidder is subject to certification by the MHC, and any email or electronic message (whether generated manually or automatically), andother any indication of the Winning Bidder on an Online Auction Platform, is subject to such certification. The MHC’sdetermination of the Winning Bidder will be final and conclusive.
15. 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. 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 tobe 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.
16. WITHDRAWAL OF LOT(S) BY MHC. Unless a specific Lot is, in express and explicit written terms by MHC, exposed for sale at Absolute Auction, MHC has the right to withdraw any Lot from the Auction prior to the Fall of the Hammer.
17. WINNING BID; BUYER. Subject to payment, the Bidder making the Winning Bid for any Lot will be the Buyer.
18. CONTRACT OF SALE. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction regardless of the Contract Price, and these Bidder Terms and Conditions, together with MHC’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated into and made a part of the contract between each Buyer and Seller.
19. ALL LOTS EXPOSED FOR SALE ARE SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.” EACH LOT IS BEING EXPOSED FOR SALE, AND WILL BE SOLD, IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. UNLESSEXPRESSLY STATED OTHERWISE, LOTS EXPOSED FOR SALE “AS IS" HAVE NOT BEEN INSPECTED BYMHC. NEITHER SELLER NOR MHC MAKES ANY 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 MHC, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY MHC OR SELLER. 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 ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY ON, AND HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTEE MADE BY MHC, OR SELLER, OR ANYONE ACTING AS AGENT OF SELLER, ORALLY OR IN WRITING, ABOUT ANY LOT. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF A PRE-AUCTION INSPECTION IS NOT AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ARE KNOWINGLY AND WILLING BIDDING WITHOUT A PRE-AUCTION INSPECTION, (ii) YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES BY MHC OR SELLER, AND (iii) YOU ARE ASSUMING ANY AND ALL RISKS ASSOCIATED WITH YOUR PURCHASE OF THE LOT(S) WITHOUT A PRE-AUCTION INSPECTION. THIS “AS IS” DISCLAIMER APPLIES PRE-AUCTION, POST-AUCTION, AND DURING THE AUCTION.
20. PEDIGREE AND/OR REGISTRATION. Any and all statements of pedigree and/or registration are statements by the Seller and have not been independently verified by MHC. It is YOUR responsibility to confirm any pedigree and/or registration that is materially important to YOU.
21. VETERINARY RECORDS; RADIOGRAPHS; INDEPENDENT VETERINARY EXAM. The Seller of a Lot may make veterinary records available for inspection and may also provide veterinarian contact information. Veterinary records may include the opinions of a veterinarian. Neither MHC nor the Seller guarantees the accuracy or completeness of veterinary opinions. Lot descriptions will indicate whether veterinary records have been uploaded to a repository. MHC may review veterinary records and/or any repository entries but does not guarantee or express any opinion as to the accuracy or completeness of such records. It is YOUR responsibility to confirm veterinary records and/or to commission a veterinary examination and/or x-rays PRIOR to the Auction with respect to any conditions that are materially important to YOU. MHC does require Sellers to provide proof of current veterinary examination, however this does not take the place of a complete pre-purchase examination. Buyer has the right to arrange a complete pre-purchase examination by a licensed veterinarian, at Buyers expense prior to sale date. Buyer must contact Seller to arrange pre-purchase examination. It is the prospective Buyers responsibility to acquire a pre-purchase exam through the Seller prior to close of the auction. There will be no post- purchase veterinary examinations accepted by MHC and/or Seller. All horses sell “as is” with no implied warranty by MHC.
22. INSPECTION; PHOTOGRAPHS AND IMAGES; DUE DILIGENCE. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR own inspection and investigation, or that YOU have waived inspection and investigation, and that YOU have not relied on any statement, representation, warranty, or guarantee made by MHC, or by Seller, or by anyone acting as agent or representative of Seller; provided, however, that if a pre-auction inspection is not available, YOU acknowledge and agree that (i) YOU are knowingly and willing bidding without a pre-auction inspection, (ii) YOU are not relying on any representations or warranties by MHC or Seller, and (iii) YOU are assuming any and all risks associated with YOUR purchase of the Lot(s) without a pre-auction inspection. YOU, further, acknowledge and agree that any photographs or other images of Lot(s) are adequate for YOUR purposes. YOU, further, acknowledge and agree that YOU have made any and all inquiries and conducted any and all investigations to verify pedigree and/or registration to YOUR satisfaction. YOU, further, acknowledge and agree that YOU have had a full and fair opportunity to conduct any and all due diligence that YOU deem to be necessary or appropriate, and that the responses YOU have received, if any, are adequate for YOUR purposes.
23. 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 MHC. Lots are offered with information provided by the Seller. The Seller is solely responsible of the accuracy and completeness of all descriptions. MHC 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 MHC be liable to YOU based for any inaccuracy in the description of any Lot.
24. ALL SALES FINAL. ALL SALES ARE FINAL. Once a Lot is purchased the Lot may not be returned nor any portion of the purchase price refunded.
25. RISK AND RESPONSIBILITY FOR LOTS. At the close of bidding, YOU assume all risk, responsibility, and expense for any Lot with respect to which YOU are the Winning Bidder; provided, however, that, if a Lot is sold Subject to Seller’s Confirmation, YOU assume all risk, responsibility, and expense for the horse on Seller’s confirmation.
26. LIMITATION OF LIABILITY. MHC is not responsible for any actions of Seller or others, including Bidders or Buyers, taken before, during, and after the Auction. MHC will not be held liable for typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, at the Lot Location, or otherwise related to the Auction.
27. ANNOUNCEMENTS. Subject to the limitation set forth in these Bidder Terms and Conditions, all terms and conditions and other announcements made by MHC on the Online Platform through the day of the Auction are binding and take precedence over any advertisements or listings.
28. MHC’S RECORDS CONCLUSIVE. Absent clerical errors, MHC’s records will be final and conclusive.
29. TITLE. If YOU are certified as the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Contract Price; however, title and ownership of the Lot will not pass from the Seller to YOU until final payment is made and clears.
30. RELEASE OF HORSE AND REGISTRATION PAPERS. No Lot or registration papers will be released to YOU until YOU have made full and final payment and all funds have cleared.
31. PAYMENT. Buyer will pay Seller directly for horse(s) purchased. All payments are to be made in U.S. Dollars, and transfer of funds are solely responsibility between the Buyer and Seller. MHC is a pass-through agency and does not hold or collect funds for guarantees, returns, or refunds of monies paid on horses purchased through MHC from Seller. Buyer is responsible to send Seller deposit, 10% of purchase price within 2 hours of Lot closing. We require Buyer to send deposit via cash, credit card (additional fees may apply), PayPal (if not sent via Friends and Family, additional fees may apply), Venmo, or any other method pre-approved by the Seller. The remaining amount due is required to be paid in FULL to Seller the following business day by the close of the Sellers financial institution (Time zone of the Seller) via wire transfer, cash, approved check, or credit card (fees may apply). MHC will contact Seller after close of auction to give them Buyers contact information. Seller is required to contact Buyer immediately following Auction. Seller will then provide deposit and wiring instructions to Buyer. MHC will email invoice to both Buyer and Seller with accurate purchase price to be paid to Seller.
32. FAILURE TO PAY. If YOU fail to pay for YOUR purchase(s) within time provided, YOU will be deemed to have forfeited any interest in the Lot(s), but YOU will remain liable for payment of the Contract Price. Unpaid Lot(s) may be retained by Seller and resold. If unpaid Lot(s) are resold, YOU will be liable to the Seller for the difference between the Contract Price and resale price, 10% commission of purchase price paid to MHC, any expenses pertaining to care of animal and any costs incurred in connection with reselling the Lot(s). Under no circumstances will YOU be entitled to any surplus from the resale of any unpaid Lot(s). MHC and/or Seller may, at any time, commence a lawsuit against YOU for all or any portion of the Contract Price of any unpaid Lot(s) and/or for any deficiency realized on the resale of such Lot(s). Beginning 3 business days after the Auction, and continuing until the removal or other disposition of any Lot(s) by YOU, a boarding charge in the amount of one hundred Dollars ($ 100.00) per Lot per day plus the cost of any veterinary care, transportation and related costs will accrue, and MHC will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such boarding charges. In addition to the foregoing, if YOU fail to pay for any Lot(s) with respect to which YOU are the Winning Bidder, YOU may be banned from any and all future Auctions conducted by MHC in the sole discretion of MHC, and YOUR failure to make payment may be reflected on YOUR profile with the Online Auction Platform Provider(s).
33. RISK OF LOSS. Risk of Loss will pass to YOU when You are the winning Bidder.
34. SALES TAX. Unless an exemption applies, all purchases may be subject to sales tax in the jurisdiction where delivery occurs. If any sales tax is due the same will be collected by the Seller. Sales of horses are exempt from Alabama sales tax under Ala. Admin. Code r. 810-6-3-.37.
35. DELIVERY. YOU, as the Buyer of Lots purchased, are responsible for all transportation costs and arrangements. MHC has no obligation to move or relocate any Lot(s) to YOUR location or to a location designated by YOU. YOU may designate, appoint, and empower an agent to accept delivery of YOUR purchases at the point of sale, and to arrange for transport to a location designated by YOU.
36. PICK-UP AND REMOVAL; TRANSPORTATION; INSURANCE. YOU are responsible for pick-up and removal of Lot(s) purchased by YOU. Unless otherwise agreed by Seller, YOU are solely responsible for the removal and transportation of each Lot purchased by YOU. YOU will indemnify and hold harmless both MHC and Seller(s) against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the pick-up, removal, and transportation of any Lot(s). Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of MHC and Seller(s). Possession and risk of loss will pass to YOU at the close of the auction. YOU are responsible for insuring all Lots purchased by YOU. Removal of any and all Lots purchased by YOU will be at YOUR expense, risk, and liability. It is YOUR responsibility to remove all Lot(s) purchased by YOU, and should any Lot be abandoned, YOU will be liable for all costs and expenses for removal and disposal. Shipping expenses are not included in sale price of horse. It is the Buyer responsibility to arrange and pay for shipping of any lot. MHC will assist YOU in arranging transportation and acquiring equine insurance in exchange for a payment to MHC of a fee equal to 3% of the Lot purchase price. MHC recommends all Buyers purchase equine insurance at time horse is purchased. MHC recommends all potential Buyers set up account with insurance company prior to purchase. Buyer understands the Seller is not responsible for any injuries or illness to the Lot subsequent to the close of the Auction. The Seller is required to care for horse, free of charge, for a minimum of 14 days for transport to be arranged and horse picked up. After the initial 14-day period, Seller reserves the right to charge a daily boarding fee. It is the Buyers responsibility to contact Seller and arrange transportation. All horses sold through MHC are required to have a current Negative Coggins. Responsibility of all health certificates and/or brand inspections required for transportation after close of the auction is solely between the Buyer and Seller.
37. FAILURE PICK-UP OR ARRANGE FOR THE DELIVERY; ABANDONED PROPERTY; BOARDING. If YOU are certified as the Winning Bidder on one or more Lots, and, after paying the Contract Price for such Lot(s), YOU fail to pick-up or remove such Lot(s) within sixty (60) days after the Auction, YOU will be deemed to have abandoned such Lot(s), and any interest therein, to MHC, and YOU will give up any and all rights with respect to such Lot(s) unless other arrangements have been made prior. YOU will not be entitled to any refund. Lots that have been abandoned to MHC may be retained by MHC, sold at a subsequent auction, or otherwise disposed of. YOU will not be entitled to any proceeds from the sale of any abandoned Lot(s). Subject to applicable law, beginning sixty (60) days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a boarding charge in the amount of one hundred Dollars ($100.00) per Lot will accrue on a daily basis, and MHC will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such boarding charges.
38. RETURNED CHECKS. Any checks that are returned unpaid will be subject to a returned check fee in the amount of one thousand Dollars ($1,000.00). In addition to the foregoing, MHC will be entitled to recover, from the issuer of a returnedcheck, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that hasbeen returned unpaid.
39. 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 Bidder 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 YOUacknowledge and agree that on MHC’s presentation of these Bidder 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 MHC. If, in violation of these Bidder Terms and Conditions, YOU issue a stop payment order or initiate a credit card chargeback, YOU will remain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys’ fees, incurred by or onbehalf of MHC and/or Seller in challenging the stop payment order or credit card chargeback and/or in collecting payment. YOU acknowledge and agree that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number or Bidder Account to YOU and is being made as an inducement for MHC to accept YOUR Bidder Registration, to issue a Bidder Number or Bidder Account to YOU, and to permit YOU to bid at the Auction. YOU acknowledge and agree that MHC is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting YOUR Bidder Registration and in permitting YOU to bid at the Auction.
40. CLAIMS. After a Lot has been removed from Lot location by YOU, or on YOUR behalf (including, without being limited to shipped Lots), no claims, returns, adjustments, or rescissions will be allowed for any reason, including, without being limited to, any alleged failure of a Lot to correspond with any standard and/or expectation.
41. BUYER REMEDIES; BIDDERS/BUYERS NOT ENTITLED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES.Unless expressly provided otherwise in these Bidder Terms and Conditions, to the extent that YOU may be entitled to damages or remedies, the sole and exclusive remedy available to YOU is a return of the Hammer Price actually paid. Under no circumstances will MHC or the Seller be liable for incidental or consequential damages, including, without being limited to, lost profits. YOU acknowledge and agree that YOU are not entitled to specific performance or other equitable relief.
42. SELLER REMEDIES. If YOU breach YOUR obligations under these Terms and Conditions or under a sale contract with the Seller of any Lot(s), the Lot(s) may be resold and YOU will be responsible for any and all damages, including any deficiency or reduction in the Contract Price, along with incidental damages.
43. INDEMNIFICATION. YOU agree to indemnify, defend, and hold MHC and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property. Without limiting the generality of the foregoing sentence, YOU accept responsibility for, and agree to indemnify, defend and hold harmless Seller and MHC, and each of them, and their respective employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, attorneys, and representatives, from and against any and all claims,losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) relatedto, arising from or associated with YOUR participation in the Auction, including, without being limited to, personal injuries, property damage, or financial loss, incurred by YOU or any other person or entity at the including, without being limited to, access to or use of any Online Auction Platform, access to or use of the MHC Website, access to or presence at the Lot Location, and/or removal, transport, use, or subsequent sale of any Lot(s).
44. PRIVATE SALE. YOU agree not to enter into, or to agree to enter into, a Private Sale for the purchase of any Lot(s) included, or scheduled to be included in, the Auction, prior to or during the Auction. If YOU purchase any Lot(s) included in, or scheduled to be included in, the Auction in a Private Sale prior to the auction, Buyer is subject to a five thousand ($5,000.00) Dollars Buyers Premium unless Private Sale has been pre-approved by MHC. If YOU purchase any Lot(s) included in, or scheduled to be included in, the Auction which did not meet Reserve in a Private Sale within sixty (60) days after the Auction, MHC will be entitled to receive an amount equal to ten percent (10%) of the purchase price and YOU and Seller will be jointly and severally responsible for the payment of such amount. Seller is responsible to notify MHC of any private transaction that may occur. MHC reserves the right to deny any Buyer from bidding or Seller from selling whom does not abide by these terms. Any Buyer or Seller who does not abide by these terms herein acknowledges they may be subject to legal action.
45. RELATIONSHIP OF THE PARTIES. MHC is acting solely as Seller’s agent. MHC is not YOUR agent and does notrepresent YOU. Unless expressly stated otherwise in writing, MHC is providing services as an independent contractor for Seller only and is not responsible for statements made by other parties including Seller.
46. MAILING LIST. MHC may use Bidder Registration information to notify previously registered Bidders (by email or otherwise) about future Auctions and events. YOU may opt out of receiving such notifications by providing written notice to MHC.
47. AUDIO AND VIDEO RECORDING; PHOTOGRAPHS. The Auction Site may be subject to security surveillance, including video, audio, and photographic recording. Video, audio, and photographic recording may also be taken by MHC andused on MHC’s website, or, otherwise, in advertising and/or for other commercial purposes. YOU further agree that MHC may use any such images or recordings in advertising and/or for other commercial purposes on a royalty-free basis with no further consideration or remuneration to YOU.
48. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF JURY TRIAL. These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the State of Alabama, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Tuscaloosa County, Alabama, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. YOU irrevocably and unconditionally (i) agree that any claim, suit or cause of action arising from or relating to the Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Dallas County, Alabama; (ii) consent to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waive any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waive any objection to the bringing of such claim, suit, or cause of action in such courts on the grounds inconvenience. YOU WAIVE THE RIGHT TO A JURY TRIAL.
49. ATTORNEYS’ FEES. YOU breach YOUR obligations under these Bidder Terms and Conditions, MHC and/or Sellerwill be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rightshereunder.
50. ACCEPTANCE OF BIDDER TERMS AND CONDITIONS. YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Bidder Terms and Conditions, and that YOU have read these Bidder Terms and Conditions, YOU understand these Bidder Terms and Conditions, and YOU accept and agree to be bound by these Bidder Terms and Conditions.
51. WAIVER. CERTAIN PROVISIONS OF THESE BIDDER TERMS AND CONDITIONS ARE FOR THE EXCLUSIVE BENEFIT OF MHC AND/OR SELLER(S). SUCH PROVISIONS, INCLUDING, WITHOUT BEING LIMITED TO, BIDDER REGISTRATION AND QUALIFICATION REQUIREMENTS, PAYMENT TERMS, REMOVAL AND DELIVERY TERMS, AND INSPECTION TERMS, DO NOT CREATE, AND WILL NOT BE DEEMED TO CREATE, ANY BENEFITS OR RIGHTS IN FAVOR OF ANY OTHER PERSONS, INCLUDING COMPETING BIDDERS, AND MAY NOT BE ENFORCED BY ANY OTHER PERSONS. EITHER GLOBALLY OR ON A CASE-BY-CASE BASIS MHC AND/OR SELLER MAY (BUT WILL NOT BE REQUIRED TO) WAIVE ANY PROVISIONS OF THESE BIDDER TERMS AND CONDITIONS THAT ARE INTENDED FOR THE BENEFIT OF MHC AND/OR SELLER.
1. Definitions. The following terms have meanings ascribed to them when used in this Policy:
- “Applicable Data Protection Law” means any applicable privacy, security, or other law that Personal Data.
- “Consumer Request” means: (i) any inquiry by an individual about how to submit a request, or the status of a pending
request, with respect to any Personal Data Processed by MHC or its applicable third parties.
- “Information Security” means cybersecurity, technical, physical, organizational, administrative, and other safeguards, controls, measures, and processes for the protection against the loss or compromise of the security, confidentiality, integrity, or availability of Personal Data.
- “Information Security Event” means: (i) any circumstance pursuant to which applicable data protection laws require
notification to be given to affected parties; (ii) any actual breach or unauthorized access to Personal Data.
- “Personal Data” means personally-identifiable information or data as such information or data is defined by or regulated by applicable data protection laws.
- “Process”, “Processed”, or “Processing” means and includes any access to, or any collection, receipt, use, manipulation, disclosure, sharing, transmission, disposal, maintenance, or storage of, data or information.
DATA PROTECTION REQUIREMENTS
- Processing of Personal Data.
- Limited Use and Minimum Necessary. MHC shall only Process Personal Data to the extent necessary to provide the services.
- Access Limitations. MHC will limit access to Personal Data to, and will share information with, only those persons who have a legitimate need to access such Personal Data.
- Sale of Personal Data. MHC will not sell any Personal Data to any third party.
- Sharing of Personal Data. MHC will not share any Personal Data with any third party for marketing purposes, including cross-context behavioral advertising unless agreed upon in writing by MHC and the owner of such Personal Data.
- Consumer Requests.
a. If MHC receives a Consumer Request, MHC shall promptly respond and reasonably cooperate in order to resolve a Consumer Request; and (ii) securely provide any information requested by a Consumer Request as soon as reasonably practicable and as required by applicable laws.
INFORMATION SECURITY REQUIREMENTS
- Information Security.
- MHC maintains an information security program that meets industry standards for its type and size of business.
- Upon written request by You, MHC will provide information to attest to its information security program.
- Information Security Event Response and Notification.
a. MHC shall report to You any Information Security Event involving Personal Data immediately upon discovery, but in no event more than seventy-two (72) hours following its MHC’s knowledge.
1. MHC will furnish all known details of the Information Security Event, including the date and means of discovery.
2. MHC will take immediate steps to contain and remediate the Information Security Event and take remedial action to prevent a reoccurrence of any such Information Security Event;
b. Nothing herein shall prevent MHC from taking any actions it determines to be required by applicable law.
6. Personal Data. You are only required to provide Personal Data that is applicable to the services and required by MHC to provide the services to You. Do not provide any additional data to MHC, including but not limited to, Personal Data that is not necessary in order for MHC to perform the services to You.
7. Indemnification. In the event You provide MHC with any Personal Data that is not necessary in order for MHC to provide the services to You, MHC shall not be liable or responsible for such Personal Data, and You will indemnify, defend, and hold MHC harmless for any and all claims related to such Personal Data.