The rafterconline.net web site
currently located at
(the Rafter C Site or Site) and services offered herein including without
limitation the auction services in the Rafter C Auctions or Rafter C Owner
Auctions or Sewell Auction Service and collectively the Services, Auction or
Auctions) for equipment and other items (collectively Equipment) are
provided by rafterconline.net (Rafter C or we) to you (you or user) subject
to the following terms and conditions set forth in this User Agreement (the
Acceptance of Terms:
Before you attempt to buy or sell any Equipment through the Services and/or
begin participating in or using the Site, Rafter C and Sewell Auction
Service requires that you read and accept the following Agreement. BY
CHECKING ON THE SPACE NEXT TO THE ACCEPT TERMS & CONDITIONS TEXT, YOU HEREBY
REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS
OF THIS USER AGREEMENT AND ALL AGREEMENTS INCORPORATED BY REFERENCE. If you
choose not to accept this Agreement, you may not access or otherwise use the
Site. If you have any questions regarding this Agreement, please contact
rafterconline.net may, at its sole discretion, change, modify, add or remove
any portion of this Agreement, in whole or in part, from time to time and at
any time without notice to you, by posting such changes on the Site. Your
continued use of the Site and the Service after such changes are posted will
constitute your agreement to such changed Agreement. This Agreement was last
revised on November 11, 2009.
Capacity to Contract.
These Services are available only to individuals or entities who can form
legally binding contracts. Without limiting the foregoing, neither minors in
any jurisdiction nor individuals who have been suspended from the Services
may participate in Rafter C's Services.
In order to participate in the Services, users must register with
rafterconline.net by filling out a registration form and providing certain
information to Rafter C and Sewell Auctions. When Rafter C has notified
users that their registration form has been approved, such user shall become
a Registered User. You agree that such information shall be kept current,
complete and accurate by You. Rafter C reserves the right to disapprove,
suspend or terminate your registration for any reason, at its sole
discretion, and to prohibit you from participating in the Services.
Login ID, Password and
Security. During the
registration process, you will select a login ID and password. You are
solely responsible in all respects for all use of and for protecting the
confidentiality of your login ID and password. You agree to notify Rafter C
immediately of any unauthorized use of any login ID and password or any
other breach of security regarding the Services.
Relationship to Users.
In the Auctions, Rafter C is not a party to any transaction relating to
Equipment and Rafter C is only a venue for registered Sellers to list
Equipment and for registered Buyers to make bids on such Equipment. Rafter C
is not a party to, nor involved in, the transactions between Buyers and
Sellers. Rafter C has no control over the Sellers, Buyers or any aspect of
the transactions. From time to time, Rafter C may have title to or possess
Equipment listed on the Site.
In the event that you have a dispute with one or more users, you release
Rafter C (and our officers, directors, agents, subsidiaries and employees)
from claims, demands and damages (actual, consequential and punitive) of
every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
disputes. If you are a California resident, you waive California Civil Code
1542, which says: A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected
his settlement with the debtor.
Rafter C cannot control the information provided by users which is made
available through the Services. Users may find other user's information to
be offensive, harmful, inaccurate or deceptive. Please use caution and
common sense when using the Site. Rafter C has no control over the quality,
safety or legality of the Equipment listed, the truth or accuracy of the
listings or any other information provided by the user about the Equipment.
II. Listing Equipment for
In order to auction your Equipment in a Featured Auction or an Owner
Auction, you agree to abide by the terms and conditions in the Auction
Consignment Agreement which is hereby incorporated by reference and located
under separate header.
The Auction period shall be determined by rafterconline.net.
You acknowledge and agree that once you have placed a bid, you may not
retract the bid. In addition, sale price manipulation of any kind, directly
or indirectly, by users is prohibited, including, but not limited to,
bidding through a secondary account, agent or assigns on equipment that you
are selling, by communicating with other Buyers and Sellers, or by shill
Binding Offer to Purchase.
If you are the highest bidder (Buyer) at the end of an Auction and have met
the applicable opening bid, you are obligated to complete the transaction
with the Seller unless the transaction is prohibited by law or by this
Agreement. If you are the highest bidder (Buyer) at the end of an Owner
Auction and have met the applicable Reserve Price, if any, or if you accept
a Second Chance Offer extended by the Seller, if any such offer is made, you
are obligated to complete the transaction with the Seller unless the
transaction is prohibited by law or by this Agreement. Bidders agree that
bidding on the Rafter C Site is the legal equivalent of a firm purchase
Notification of Assignment
of Rights. Rafter C
hereby notifies prospective bidders/Buyers that the consigners of certain
pieces of equipment have assigned to a qualified intermediary their rights,
but not their obligations, under the consignment agreement for purposes of
effecting a deferred Like-Kind Exchange under section 1031 of the Internal
Revenue Code of 1986, as amended, and the applicable regulations.
Rafter C reserves the right to reject or void bids, whether winning or not,
which it believes have not been made in good faith, are intended to
manipulate the Auction process, or are prohibited by applicable law.
Rafter C is the one and only judge for the determination of winning bids,
but Rafter C shall not be liable for any errors or omissions relating to
such determination, whether by Rafter C or some other person.
Cancellation. Rafter C
reserves the right to postpone or cancel any Featured Auction or Owner
Auction, or any sale resulting therefrom, in its own discretion, without
notice. Rafter C will have no liability to prospective bidders or Sellers as
a result of any withdrawal, cancellation or postponement of Auctions or
IV. Fees, Commissions and
Rafter C's fees and
commissions for Sellers are available from your listing agent or online and
are hereby incorporated by reference.
NOTE: Buyer's Fee of 10% will apply to all auctions, with a maximum of $1000 PER ITEM.
Rafter C may change its fees,
payments and commissions from time to time, but no such change shall apply
retroactively to Equipment already listed for an Auction.
V. Completion of
Liability for Equipment.
The Equipment shall be and remain at the risk of the Seller (and not Rafter
C) until the Equipment is removed from the posted Equipment location by the
Buyer or the Buyer's designated transportation provider. The equipment shall
be and remain at the risk of the Buyer and/or the Buyer's designated
transportation provider (and not Rafter C) while in transport. The equipment
shall be and remain at the risk of the Buyer once delivered to the
Sales and Use Tax.
All bids and offers must be net of any taxes imposed with respect to the
sale or purchase transaction. Buyers are liable for all such taxes or for
establishing to Rafter C's satisfaction on behalf of the Seller a valid
exemption certificate from such taxes. Buyers and Sellers acknowledge and
agree that Rafter C is providing a service in the calculation, reporting and
remittance of sales or use taxes which may be assessed, due or owing to the
taxing authorities of any taxing jurisdiction for transactions that arise in
connection with your use of the Service. Each Buyer shall indemnify Rafter C
against any tax, cost or expense relating to the failure of the Buyer to
satisfy any sales or use tax liability related to a transaction. Each Seller
shall indemnify Rafter C against any tax, cost or expense relating to the
failure of the Seller to satisfy any sales or use tax liability related to a
transaction within their jurisdiction.
At this time, no Buyers Transaction Fee applies, but Rafter C reserves the
right to change and incorporate this fee with proper notice.
Payment and Payment
Schedule. Full payment
from the winning bidder in the amount of the auction closing price,
applicable sales tax and the Transaction Fee must post to a secure payment
account designated by Rafter C within five (5) business days after the close
of the Auction for the piece of Equipment. Buyers from the United States may
send payments via wire transfer or certified bank check. Buyers from
outside the United States must send all payments via wire transfer.
If, after five (5) business days after the close of the Auction for the
piece of Equipment, the Buyer does not make full payment in accordance with
the payment schedule and terms set forth above, the Buyer is considered in
default and shall be subject to a Default Penalty which is equal to any
deficit that may occur when the item is resold plus a 10% commission on the
resale price with a minimum fee of $500. This fee will be applied separately
to each individual unit on which the winning bidder defaults. In addition,
the Buyer will be barred from further use of the Rafter C Site until the
Default Penalty is paid.
Buyer Removal of Equipment.
Buyers are responsible for loading and shipping the Equipment for
transportation, unless otherwise noted in the Equipment listing. Seller
agrees to have the Equipment available for transportation, complete with
ignition key, to the Buyer no later than one (1) business day after the
conclusion of the auction for the piece of Equipment. Buyer may remove the
Equipment from the Seller's location once the total purchase price (and any
applicable sales tax and the Transaction Fee) has been received by and
posted to a secure payment account designated by Rafter C. If a Buyer has
not removed the Equipment from the Seller's location within eight (8)
business days after the close of the Auction for the piece of Equipment, a
Buyer will be responsible for directly paying the Seller any and all storage
fees if levied by the Seller.
Notice to Buyer:
Rafter C is a Missouri auction company. Seller, consistent with Missouri
law, may deem Buyer's failure to claim property within thirty (30) days
following a final sales transaction to be evidence of Buyer's intent to
abandon the property. Where Buyer fails to claim property within thirty (30)
days following a final sales transaction, Seller may take action that is
adverse to Buyer's interest in the property, including but not limited to
any appropriate steps under Missouri law to dispose of the property through
Rafter C which will remit proceeds to the abandoning Buyer, net of actual
and reasonable costs to include a twenty-five (25%) percent commission.
Freight and Transportation.
The Buyer is responsible for all freight, shipping and other costs related
to transporting the Equipment from the posted Equipment location, including
but not limited to any costs associated with certificates and/or permits
required to move the Equipment within or across state, province and/or
country borders. Buyers are advised to have all such certificates and
permits issued and completed prior to transporting the equipment; otherwise
Buyer may be subject to cleaning, permit, and/or other fees if the Equipment
is stopped and held at a Port of Entry to a state, province or country.
Buyers may arrange transportation of Equipment on the Rafter C web site
through a third party, but Rafter C will not be liable for any acts or
omissions arising from such third party transportation and claims no
responsibility for the actions of any transportation provider. All Buyers,
regardless of their chosen transportation arrangement, must submit delivery
and carrier selection information to the Rafter C Site prior to picking-up
the equipment in order to generate equipment release documents. Buyers may
not transport the Equipment until full payment (including any applicable
sales tax and the Transaction Fee) has been received by and posted to a
secure payment account designated by Rafter C.
Once Constructive Receipt has occurred for any given piece of Equipment,
remittance of proceeds to the Seller may occur. Any dispute claims
subsequently filed by the Buyer are invalid, as set forth in Section VI.
Constructive Receipt of Equipment occurs at the first occurrence of any of
the following milestones (unless a dispute claim has been previously filed
by the Buyer), provided full payment has been received by Rafter C for the
a) At the time the Equipment
leaves the point of pick-up at the Seller's location, if Buyer elects to
transport the Equipment themselves rather than use a common carrier. Buyers
transporting the Equipment themselves are encouraged to examine the
Equipment thoroughly prior to removing it from the Seller's location
b) At the time the Equipment
leaves the point of pick-up at the Seller's location if Equipment is
self-transporting, such as a truck. Buyers of self-transporting Equipment
are encouraged to examine the Equipment thoroughly prior to removing it from
the Seller's location
c) Ten (10) business days
after the conclusion of the Auction for the Equipment
d) 24 hours after delivery of
the Equipment to the Buyer's designated location, if purchased Equipment is
sold from the United States or Canada and is subsequently delivered within
the United States or Canada. (If the expiration of the 24-hour period falls
on a Saturday, Sunday or a United States Federal Holiday, Constructive
Receipt on the basis of the passing of this milestone will not occur until
the sooner of a) the first non-weekend day or b) the first non-Federal
Holiday). If purchased Equipment is sold from the United States or Canada
and is subsequently to be delivered outside the continental United States or
Canada, Constructive Receipt on the basis of the passing of this milestone
will occur 24 hours after Equipment delivery to the United States or
Canadian Port of Export. Any dispute claims must be initiated and settled
prior to export.
e) At the time buyer or
buyer's agent begins disassembly of equipment from its as-inspected
configuration, including disassembly for transport.
Remittance of Proceeds to
Seller. Rafter C shall
remit the total purchase price less any commission or fees to Seller for
such Equipment within twelve (12) business days of the Buyer's receipt of
any title documents (if applicable) and Constructive Receipt of Equipment by
the Buyer. Payments will be made by either electronic wire transfer or check
(subject to additional fees for overnight courier).
Verification and Lien Searches.
Sellers are responsible for providing lien-free Equipment to Rafter C's
marketplace Service. In its sole discretion, Rafter C may carry out title
and lien searches to investigate the existence of filed UCC financing
statements on the Equipment that may compromise assignment of the Equipment
to a new Buyer. Rafter C may charge the Seller a lien fee for this
verification. If the Seller fails to remove any lien, encumbrance or adverse
claim on or to any Equipment sold by it or fails to perform or comply with
any other of its agreements contained in this Agreement, Rafter C may at its
sole discretion remove such lien, encumbrance or adverse claim using Seller
proceeds or refund to the Buyer a portion or all of the purchase price of
the Equipment (less any Fees) and cancel the transaction. The Seller shall
pay Rafter C upon demand all of Rafter C's expenses and payments incurred in
connection with any removal of any liens or the performance thereof, as the
case may be, together with interest thereon at the rate if 10% per annum
compounded daily. No such payment or performance by Rafter C shall be deemed
to waive breach by the Seller, or relieve the Seller, of its obligations
under this Agreement.
Removal Penalty Prior to
Owner Auction Close - Reserve not met.
If, for any reason, the Seller withdraws a piece of Equipment listed in an
Owner Auction from the Rafter C Site after the time of Equipment Listing but
before either the reserve is met or the auction closes, the Seller agrees to
pay Rafter C a removal fee equivalent to the greater of (a) 2% of the
Reserve Price (as set by the Seller) or (b) $50 (Removal Penalty Prior to
Owner Auction Close). If, for any reason prior to the auction close, Rafter
C removes Equipment from an Owner Auction due to Seller's violation of the
Auction Consignment Agreement, the Seller agrees to pay Rafter C the Removal
Penalty Prior to Owner Auction Close.
Default Penalty Owner
Auction - Reserve met.
If, for any reason, the Seller withdraws a piece of Equipment (or causes
Rafter C to withdraw their equipment in violation of the Seller Consignment
Auction Agreement) listed in an Owner Auction after the Seller Reserve Price
is met, the Seller agrees to pay Rafter C a Default Penalty (Seller Default
Penalty) equivalent to the Commission Fee of the winning auction closing
price as if the Equipment were sold, as well as the Listing Fee.
Adjudication of Equipment
Dispute. Rafter C will
be solely responsible for the review and adjudication of any dispute. All
determinations made by Rafter C shall be final.
VI. Disclaimer; Limitation
of Liability; Indemnity
THE EQUIPMENT, SITE AND SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE
SERVICE (INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT), ARE PROVIDED
ON AN AS IS, AS AVAILABLE BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
RAFTER C DOES NOT WARRANT THAT THE EQUIPMENT, SERVICE OR THE FUNCTIONS,
FEATURES OR CONTENT INCLUDING THE INSPECTION REPORT CONTAINED THEREIN OR IN
THE SITE WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR
THAT DEFECTS WILL BE CORRECTED. RAFTER C AND SELLER MAKE NO WARRANTY THAT
THE EQUIPMENT, SITE OR SERVICE WILL MEET BUYERS'/USERS' REQUIREMENTS OR
EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY
LISTING EQUIPMENT ON THE SERVICE OR THE SITE, THE LISTED EQUIPMENT WILL BE
SOLD OR WILL BE SUITABLE FOR ANY PURPOSE. IF YOU ARE DISSATISFIED WITH THE
SITE OR ANY SERVICES ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING
THE SITE AND THE SERVICE. RAFTER C MAKES NO WARRANTY REGARDING ANY EQUIPMENT
OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM RAFTER C OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO CERTAIN USERS. RAFTER C EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR
WARRANTY OF ANY EQUIPMENT SOLD ON OR THROUGH THE SERVICE, AND ANY
RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER
Limitation of Liability.
IN NO EVENT SHALL RAFTER C NOR SELLER BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE
EQUIPMENT OR (B) DEFECTS IN SUCH EQUIPMENT ON ANY THEORY OF LIABILITY
INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY. IN ADDITION, IN NO EVENT
SHALL RAFTER C OR SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF,
OR THE INABILITY TO USE, THE SERVICE, THE SITE OR ITS CONTENT INCLUDING
WITHOUT LIMITATION THE INSPECTION REPORT AND MATERIALS AND FUNCTIONS RELATED
THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED
PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF RAFTER C OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF RAFTER C TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR
TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR
OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND THE
SERVICE EXCEED, IN THE AGGREGATE, $100.00.
You agree to defend, indemnify and hold harmless Rafter C, its officers,
directors, agents, subsidiaries and employees from claims, demands and
damages, actual and consequential, of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, to the extent
arising out of or in any way connected with any breach or violation by you
of this Agreement, any use by you of the Site or any disputes or damages
arising out of your use of or contracts formed with you through this Site.
VII. General Provisions
Only Registered Users are
eligible to participate in Rafter C's Services.
All prices are listed according to their value in U.S. dollars.
Buyers, if applicable, are responsible for providing Rafter C valid resale
certificates for each transaction processed through our Service. Buyers that
do not provide valid resale certificates in a timely manner will have sales
and use taxes assessed and remitted to the appropriate taxing authorities.
Buyers and Sellers acknowledge and agree that Rafter C is providing a
service in the calculation, reporting or remittance of sales or use taxes
which may be assessed, due or owing to the taxing authorities of any taxing
jurisdiction for transactions that arise in connection with your use of our
marketplace. You acknowledge and agree that while the bidder is primarily
liable for sales and use taxes due with respect to transactions and Seller
is secondarily liable for such taxes, you jointly and severally agree to
indemnify Rafter C for the calculation, collection and remittance of any
applicable taxes or other expenses which may be incurred or assessed in
connection with your use of the Service and the sale of such Equipment.
No Price Manipulation.
You may not manipulate the price of listed Equipment by any means, including
but not limited to using secondary accounts, colluding with third parties,
or bidding on your own Equipment. You may not use an alias to place bids on
any Equipment you are selling, either directly or indirectly for any reason.
Shill Bidding Penalty.
If Rafter C determines that a seller or someone associated with a seller has
bid on that sellerís own item, shill bidding penalties will be assessed
against the seller. Rafter C will ban the seller from future use of Rafter C
websites, Rafter C will cancel the involved transaction(s) and the seller
will be charged the full Seller Default Penalty of 25% of the equipment
final auction price.
YOU AGREE TO MEDIATE AND ARBITRATE ANY DISPUTE OR CLAIM BETWEEN OR AMONG YOU
AND ANY OTHER REGISTERED USER OR RAFTER C ARISING OUT OF OR RELATING TO THE
AGREEMENTS, ANY SALE OF EQUIPMENT, ANY INSPECTION REPORT OR ANY OTHER
TRANSACTION CONTEMPLATED BY THE AGREEMENTS INCLUDING, BUT NOT LIMITED TO,
ALL CONTRACT AND TORTCLAIMS, STATUTORY CLAIMS, CLAIMS FOR RELIEF WHETHER
EQUITABLE OR LEGAL, ISSUES OF ARBITRABILITY, AND DISPUTES ABOUT THE SCOPE OF
THIS CLAUSE. DISPUTE RESOLUTION SHALL BE CONDUCTED PURSUANT TO THE FOLLOWING
PROCEDURES. BEFORE INITIATING ANY ARBITRATION, THE PARTIES SHALL ENGAGE IN
MEDIATION, WHICH IS A PROCESS IN WHICH PARTIES ATTEMPT TO CONFIDENTIALLY
RESOLVE ANY DISPUTE BY SUBMITTING IT TO AN IMPARTIAL, NEUTRAL MEDIATOR WHO
IS AUTHORIZED TO FACILITATE THE RESOLUTION OF THE DISPUTE BUT WHO IS NOT
EMPOWERED TO IMPOSE A SETTLEMENT. MEDIATION SHALL BE CONDUCTED IN JEFFERSON
CITY, MISSOURI, BY A MEDIATOR AFFILIATED WITH JAMS/ENDISPUTE AGREED TO BY
THE PARTIES. SHOULD MEDIATION PROVE UNSUCCESSFUL TO RESOLVE THE DISPUTE, AND
WITHIN ONE YEAR OF THE DISPUTE ARISING, A PARTY SHALL MAKE A DEMAND FOR
ARBITRATION. THE PARTIES SHALL RESOLVE THE DISPUTE THROUGH FINAL AND BINDING
ARBITRATION TO BE CONDUCTED PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF
JAMS/ENDISPUTE. ARBITRATION SHALL BE CONDUCTED IN JEFFERSON CITY, MISSOURI.
THE PROCEDURAL AND SUBSTANTIVE LAW TO BE APPLIED TO AND IN THE ARBITRATION
SHALL BE THE LAW OF THE STATE OF MISSOURI, EXCEPT FOR ITS CONFLICT OF LAW
PRINCIPLES. THE PARTIES SHALL AGREE ON A SINGLE NEUTRAL ARBITRATOR
AFFILIATED WITH JAMS/ENDISPUTE WHO IS A RETIRED JUDGE. THE ARBITRATOR SHALL
BE BOUND TO APPLY THE LAW, INCLUDING THE RULES OF EVIDENCE, AND SHALL BE
EMPOWERED TO HEAR AND DETERMINE DISPOSITIVE MOTIONS INCLUDING MOTIONS TO
DISMISS AND MOTIONS FOR SUMMARY JUDGMENT. THE PARTIES SHALL HAVE THE RIGHT
TO CONDUCT TWO DEPOSITIONS OF EACH OPPOSING PARTY. THE ARBITRATOR SHALL HAVE
THE RIGHT TO ISSUE INJUNCTIONS AND ATTACHMENTS AND OTHER EQUITABLE REMEDIES
AND AWARD COMPENSATORY DAMAGES. THE ARBITRATOR SHALL HAVE NO POWER TO AWARD
CONSEQUENTIAL, PUNITIVE OR TREBLE DAMAGES, OR ANY OTHER MANNER OF ENHANCED
DAMAGES. THE PREVAILING PARTY IN ANY ARBITRATION SHALL HAVE THE RIGHT TO AN
AWARD OF ATTORNEYS' FEES AND COSTS. THE AWARD OF THE ARBITRATOR SHALL BE
FINAL AND BINDING AND ANY PARTY TO THE DISPUTE MAY SEEK TO CONFIRM THE AWARD
OF THE ARBITRATOR IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN
JEFFERSON CITY, MISSOURI, AND ENFORCE THE AWARD AS A JUDGMENT. EXCEPT FOR
THE FILING OF A JUDICIAL ACTION TO CONFIRM, MODIFY, VACATE, OR ENFORCE AN
ARBITRATOR'S AWARD, INCLUDING THE AWARD OF AN INJUNCTION OR ATTACHMENT,
WHICH FILING IS PERMISSIBLE, ANY PARTY WHO INITIATES LITIGATION, OR WHO
INITIATES ARBITRATION WITHOUT FIRST MEDIATING A DISPUTE, SHALL FORFEIT ANY
AND ALL RIGHT TO ATTORNEYS' FEES AND COSTS AS A PREVAILING PARTY, AND SHALL
REIMBURSE ANY OTHER PARTY TO THE LITIGATION FOR THEIR COSTS OF LITIGATION
INCLUDING ATTORNEYS' FEES AND COSTS.
Third Party Links.
Where Rafter C provides links to third party Internet sites, no
representations or endorsements are made in connection with such sites.
Rafter C is not liable for any damages or injury arising from use of such
Availability. Rafter C
may, at any time, delete, modify or supplement the content of this Site
without prior notice. Rafter C reserves the right, for any reason, at its
sole discretion, to terminate, change, suspend or discontinue any aspect of
the Site or the Service, including, but not limited to, content, features or
hours of availability. Rafter C may also impose limits on certain features
of the Service or restrict your access to part or all of the Site or the
Service without notice or penalty.
You agree that Rafter C has the right, but not the obligation, to monitor at
any time, for any reason at its sole discretion, all material and content on
the Site and the Service. Rafter C reserves the right at all times to edit,
disclose or refuse to post any material or information or request removal of
or remove any material or information from the Site.
Access and Interference.
You agree that you will not use any automatic device or manual process to
monitor or copy Rafter C's web pages or the content contained herein. You
agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site. You agree that you
will not take any action that imposes an unreasonable or disproportionately
large load on Rafter C's infrastructure.
Rafter C makes reasonable commercial efforts to make its Service and Site
available at all times. However, Rafter C is not responsible for any service
interruptions, including, but not limited to, interruptions that may affect
the receipt, processing and acceptance of bids or other aspects of an
auction or sale.
This Agreement constitutes a legally binding agreement between you and
Rafter C until terminated by you or Rafter C, which Rafter C may do at any
time, without notice, at Rafter C's sole discretion. If you become
dissatisfied with the Service or the Site, in any way, your only recourse is
to immediately discontinue use of the Service and pay any required Removal
Fee, if applicable.
The laws of the State of Missouri shall govern this Agreement.
Copyright and Trademarks.
The trademarks, trade names, designs and all material contained on this
Site, including all portions of the web site, content, site design, text,
graphics, and all intellectual property rights thereto are the sole and
exclusive property of Rafter C or its licensors. The use of any such
property for any other reason, on any other web site, or the modification,
distribution or republication of this material without the prior written
permission from Rafter C is strictly prohibited.
If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, then such provision shall be
enforced to the maximum extent permissible so as to effect the intent of
this Agreement, and the remainder of this Agreement shall continue in full
force and effect. The failure by either you or Rafter C to exercise or
enforce any rights or provisions of this Agreement shall not constitute a
waiver of such right or provision. You agree that any cause of action
arising out of or related to the Service or this Agreement must commence
within six (6) months after the cause of action arose; otherwise, such cause
of action is permanently barred. This Agreement comprises the entire
agreement between you and Rafter C and supersedes all prior agreements
between the parties, regarding the subject matter contained herein. All
provisions in this Agreement regarding representations and warranties,
indemnification, disclaimers and limitations on liability shall survive any
termination of this Agreement.
Rafter C's Privacy Statement We will not sell or share any Buyer or Seller
information without their consent.
These terms set out the entire understanding between Rafter C and customers,
users, Sellers, and bidders with respect to the use of this Site. No other
terms, whether express or implied, shall apply unless specifically
incorporated by reference herein.
The parties expressly agree
that all performance under this Agreement and the resolution of disputes
shall be conducted in the English language. If a translation of this
Agreement into any other language is required by law, the English version
will prevail to the extent that there is any conflict or discrepancy in
meaning between the English version and any translation thereof. If this
Agreement is provided to You in a language other than English, Rafter C does
so solely as a convenience for you.