Special Terms
TERMS & CONDITIONS
Everything sells “As is, Where is”.
All items must be Paid in Full by 4pm the following business day.
PLEASE READ THE FULL DESCRIPTION FOR EACH ITEM – LOCATION OF ITEM(S) WILL BE IN THE DESCRIPTION.
PAYMENTS
Acceptable forms of payment include Cash, Check, Cashier’s Check, Money Order, Credit Card (+ 3.5% fee), Wire Transfer (+ $25 fee). Personal Checks must be accompanied by current “Bank Letter Guarantee” and made payable to Bryan Auction Co. A 3.5% convenience fee will be applied to all credit card payments. A $25 convenience fee will be applied to all wire transfers. If you have questions about payment options or need wire instructions, please call the office at 319-283-2345. All items must be paid in full by 4pm the following business day.
BUYER'S PREMIUM
5.9% for items $15,000 and above for ALL BUYERS (excluding sales tax)
10% for items $14,999.99 and below for ALL BUYERS (excluding sales tax)
EQUIPMENTFACTS – An additional 2.5% internet buyers fee will be charged to successful online bidders with a $750 per item cap.
PROXIBID – An additional 2.5% internet buyers fee will be charged to successful online bidders with a $750 per item cap.
AUCTION TECHS – An additional 2% internet buyers fee will be charged to successful online bidders with a $750 per item cap.
SALES TAX
Sales Tax will be charged based on the location of equipment.
Buyers with a VALID tax exemption certificate are not required to pay sales tax for equipment and miscellaneous items but MUST present a copy of their certificate at time of registration at EACH SALE. E-mail your completed tax exemption certificate to ashleigh@bryanauction.com.
PICKUP
Storage & Abandonment All equipment, machinery, and other items are required to be picked up within 30 days of the sale date, after 30 days of non-pickup, storage fees will apply in the amount of $50.00 a day. Certain offsite sales will have a requirement to pickup all equipment, machinery, and other items within 5 days of the sale date, otherwise the same storage fee will apply in the amount of $50.00 a day. An announcement will be made before the sale for guidelines. Buyer is responsible for all storage fees and relocation costs or any other expenses accrued by Bryan Auction Company due to non pick-up of equipment, machinery, and other items. After 90 days of non pick-up said equipment, machinery, and other items, regardless of any payments made to Bryan Auction Company, the buyer waives their right to the ownership of said equipment, machinery, and other items, and the equipment, machinery, and other items are considered abandoned and become property of Bryan Auction Company. A receipt indicating “PAID IN FULL” must be present before an item is released.
CONTACT
If you have any questions regarding equipment and/or pickup please contact Jamie Smith 319-238-9452. If you have any questions regarding your invoice and/or payment, please contact our corporate office at 319-283-2345.
BIDDER RESPONSIBILITIES
The bidder is responsible for knowing which item he/she is bidding on. If he/she is unsure, he/she should inquire or not bid. When you become the winning bidder at auction you have now entered into a contract and will be REQUIRED to pay for items in which you were the successful bidder. If you have not fully inspected the item you are bidding on or unsure of condition do not bid on item. Any legal proceedings towards Bryan Auction Co must be done in Fayette County, Iowa under Iowa Law. Auctioneer does not honor mistakes. Buyer is responsible for pick up and shipping of purchased items at the auction. Credit card chargebacks will not be allowed, as items are sold as is, where is. By signing these terms and conditions you agree to not dispute a transaction or initiate a credit card chargeback.
TERMS OF SERVICE
Bryan Auction Co provides industry leading equipment disposition services and market insights through its software, services and tools that enable you to learn about, and bid on and sell, items at our live auctions and other sales events. This page explains the terms and conditions by which you may visit our websites, access, and participate in our live auctions and other sales events (in-person or online) and use our related mobile and web services and tools (collectively, the "Services"). By accessing, participating in or using the Services, or by clicking a button or checking a box marked "Activate Your Account" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this "Agreement"), and that you acknowledge the collection and use of your information as set forth in our Privacy Statement. We reserve all rights to modify this Agreement, and we will provide you with notice of any such modifications as described below. This Agreement applies to all visitors, guests, users and others who access or participate in the Services, including all guests, sellers and bidders participating in our auctions and other sales events ("Users").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINTS A MANDATORY CLASS ACTION/JURY TRIAL WAIVER PROVISION BY WHICH YOU AGREE TO THE USE OF A BENCH TRIAL ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, AND NOT TO USE JURY TRIALS OR CLASS ACTIONS.
1. Services
1.1 Eligibility
This is a contract between you and the Bryan Auction Co. Group Member specified in Section 10.1. You must read and agree to this Agreement before using the Services. If you do not agree to this Agreement, you may not use the Services. You may use the Services only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national and international laws, rules, and regulations. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Services are not available to any Users we have previously removed or suspended from the Services.
1.2 Access and Use
Subject to your compliance with the terms and conditions of this Agreement, you may access and use the Services for your own professional and business purposes solely in order to bid on and buy items and equipment available for sale on the Services, to sell your items and equipment via the Services, or to acquire other products and services available via the Services, in each case subject to the restrictions described in this Agreement, including without limitation the restrictions set forth in Sections 1.3. The Services are not available for personal, family or household uses. We reserve all rights not expressly granted in this Agreement in and to the Services and our Intellectual Property (defined below). We may suspend or terminate your access to the Services at any time for any reason or no reason.
1.3 Restrictions
You will not, and you will not assist, permit, or enable others to, do any of the following:
(a) use the Services for any purpose other than as expressly set forth in Section 1.2 above;
(b) disassemble, reverse engineer, decode or decompile any part of the Services, including, without limitation, the online bidding engine and algorithmic pricing tools;
(c) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Services;
(d) copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of the Services or any of our Intellectual Property;
(e) remove any copyright notices or proprietary legends from the Services;
(f) take photos, screenshots or other images of the Services or otherwise extract reports and other output of the Services, other than records of your auction registrations and past purchases that you take via any download and related functionality provided on the Services ("User Account History and Content");
(g) impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Services for any invasive or fraudulent purpose, including, for example, for domain spoofing or other forms of phishing;
(h) share passwords or authentication credentials for the Services;
(i) identify us or display any portion of the Services on any site or service that disparages us or our products or services, or infringes any of our Intellectual Property or other rights;
1.4 User Accounts
Your account on the Services (your "User Account") gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) "you" includes you and that entity, (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and (iii) you agree to this Agreement on the entity's behalf.
You may never use another User's User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information current. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Services by changing the settings in your settings page. By providing us with your email address you agree to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Where the law permits, we may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding improvements, auctions, equipment, events and offers; however, opting out will not prevent you from receiving Services-related notices.
You acknowledge that you do not own the User Account you use to access the Services. Notwithstanding anything in this Agreement to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including on our third party hosting providers') servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration, or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND CONTENT AND USER AND SYSTEM DATA (DEFINED BELOW) RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION, WITH OR
WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
1.5 Changes to the Services
We may, without prior notice, change the Services, stop providing the Services or features of the Services, to you or to Users generally, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination of access for any reason or no reason, you continue to be bound by this Agreement.
1.6 Disputes with Other Users
You are solely responsible for your direct interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We will have no liability for your direct interactions with other Users, or for any User's action or inaction.
1.7 Export Control
You are entirely responsible for compliance with all applicable local laws and regulations relating to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government or under similar laws or regulations applicable in other jurisdictions.
1.8 Additional Terms for Auctions and Bidding
Bryan Auction Co. holds auctions in numerous jurisdictions and different laws and regulations are applicable to each of our auctions. In addition to creating a User Account to access and use the Services, you will be required to register separately for each auction in which you wish to place bids online. You will also be required to enter a separate bidder registration agreement for each auction with the applicable Bryan Auction Co. Group Member operating the auction, which when signed, or otherwise agreed to, becomes a part of this Agreement.
2. Our Proprietary Rights
You acknowledge and agree that the Services and all materials therein or transferred thereby, including, without limitation, Auction Data and all other videos, audio, images and other content and information displayed or made available on the Services, and all software, algorithms, code and technology underlying the Services, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our "Intellectual Property"), are our (or our licensors' as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to submit, comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
3. Fees and Payment
There are no fees or costs associated with signing up for or maintaining a User Account. However, when requesting bidding privileges for your User Account, you will be required to provide us with a current, valid credit card in your name as part of our assessment of your assigned bidding limit. All information that you provide in connection with this process must be accurate, complete, and current. Depending on our assessment, you may be required to post a deposit prior to placing bids online in any auction.
4. Privacy
We care about the privacy of our Users. You understand that by using the Services we will collect, use and disclose your personal information and aggregate and/or anonymized data as set forth in our Privacy Statement available at http://www.bryanauction.com.
5. Security
We care about the integrity and security of the information we handle. We have implemented and follow an information security policy, including physical, managerial, and technical safeguards deemed appropriate by us in our sole direction, designed to preserve the integrity and security of that information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your information for improper purposes. You acknowledge that you provide your information at your own risk.
6. Disclaimer of Third-Party Links and Materials
THE SERVICES MAY CONTAIN THIRD-PARTY MATERIALS OR LINKS TO THIRD-PARTY MATERIALS THAT WE DO NOT OWN OR CONTROL. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SITES, INFORMATION, MATERIALS, PRODUCTS OR SERVICES. IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM THE SERVICES OR SHARE YOUR DATA OR INFORMATION ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THIS AGREEMENT AND OUR PRIVACY STATEMENT DO NOT APPLY TO YOUR USE OF SUCH SITES. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE OR CONTENT. ADDITIONALLY, YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON THE SERVICES, INCLUDING THE PAYMENT FOR AND DELIVERY OF GOODS OR SERVICE BY THEM, AND ANY OTHER OF THEIR TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.
7. Indemnity
You will defend, indemnify and hold us and our affiliates, agents, suppliers or licensors (and our and their employees, contractors, agents, officers and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your use of the Services or Auction Data in any manner not expressly authorized by this Agreement, including your breach of any of the restrictions applying to your use of the Services or Auction Data as set forth in Section 1.3 respectively; (vi) your gross negligence or willful misconduct; or (vii) any third party's access and use of the Services with your unique username, password or other appropriate security code.
8. No Warranty
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER DATA OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF THE AMOUNTS YOU PAID TO THE APPLICABLE BRYAN AUCTION CO. GROUP MEMBER FOR ITS SERVICES OR USD 50.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. Contracting Entity, Governing Law, and Class Action/Jury Trial Waiver
10.1 Contracting Entity. The "Bryan Auction Co. Group Member" party to this Agreement is:
• Bryan Auction Co., 101 County Line Rd E, Oelwein, IA 50662.
10.2 Governing Law/Venue. This Agreement shall be governed by the internal substantive laws of the State of Iowa, without respect to its conflict of laws principles. You hereby attorn to and agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Fayette County, Iowa for any action relating to this Agreement.
10.3 Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW THIS WAIVER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE WAIVER IN THIS SECTION WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. General
11.1 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
11.2 Notification Procedures. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in this Agreement or our Privacy Statement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
11.3 Changes to the Agreement. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified' date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Services. YOU HEREBY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNLESS OTHERWISE STATED, ANY AND EACH MODIFIED OR NEW TERMS OF SERVICE WILL FULLY GOVERN YOUR USE OF THE SERVICES, AND IS EFFECTIVE, BEGINNING AS OF YOUR FIRST ACCESS TO AND USE OF THE SERVICES, EVEN IF PRIOR TO YOUR ACCEPTANCE OF SUCH MODIFIED TERMS OF SERVICE.
11.4 Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter with us in connection with the Services, will constitute the entire agreement between you and us concerning the Services. None of our employees or representatives are authorized to make any modification or addition to this Agreement. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us or your use of the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Where we have provided any translation of the English language version of this Agreement, 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.
11.5 No Waiver. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
11.6 Contact. Please contact us at the corporate office at 319-283-2345 with any questions regarding this Agreement.
