The following Site Usage Terms and Conditions ("Site Usage Terms") govern the use of the EHE Auctions Inc. ("EHE") website(s) (e.g., www.eheauctions.com and www.experthe.com) For all other users, you are contracting with EHE Auctions Inc., a Delaware corporation. The respective entity to which you are contracting shall be referred to as "we" and/or "EHE". EHE may, in its sole discretion, change, modify, add or remove any portion of the Site Usage Terms, in whole or in part, from time to time with or without notice to you, by posting such changes on the site and once posted such changes shall come into full force and effect. Your continued use of the site after changes are posted will constitute your agreement to such changed Site Usage Terms.
The site is available only to individuals or entities that can form legally binding contracts. Without limiting the foregoing, minors in any jurisdiction and individuals who have been suspended from the site may not use the site.
Registration is required to use certain features of the site. EHE reserves the right, in its sole discretion, to disapprove of any request to become a registered user (a "Registered User") and to suspend or terminate your authorization to use the site for any reason. By registering with the site, you agree to comply with these site usage Terms and Conditions and, when buying or selling equipment through the site via Proxibid, with the Buyers and Sellers terms and conditions.
You are solely responsible for protecting the confidentiality of your login ID and password and are responsible for all use of your Site account. You agree to notify EHE and Proxibid immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site.
You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Site in a manner that sends more request messages to EHE's servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Site; (vi) collecting or harvesting any personally identifiable information, including account names, from the Site; (vii) using the Site for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Services.
EHE has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see EHEs Privacy Statement, located at http://www.eheauctions.com/?mod=privacy-policy and incorporated herein by reference, for more information about our collection, use and protection of your personal information. By using the Site, you are specifically consenting and agreeing to EHE's Privacy Statement.
EHE may, at any time, delete, modify or supplement the content of this Site without prior notice. EHE reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. EHE may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.
You agree that EHE 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 usage of the Site.
EHE makes reasonable commercial efforts to make its services and site available. However, EHE 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 via the Proxibid site.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The trademarks, trade names, designs and all material contained on this Site or through other Services, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of EHE Auctions™or Expert Heavy Equipment. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from EHE is strictly prohibited.
Without limiting any other remedies, EHE shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in EHE's sole discretion for any reason, including, without limitation, if we determine that you have violated the Site.
The site and other services, including all content, functions, materials and information made available on or accessed through the site or other services (including without limitation the inspection report), are provided on an "as is, where is, as available" basis without representations or warranties of any kind whatsoever, express or implied, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. EHE does not warrant that the site or other services, or the functions, features or content, including the inspection report, contained therein, will be functional, timely, secure, uninterrupted or error free, or that defects will be corrected. EHE makes no warranty that the site or other services will meet your requirements or expectations. If you are dissatisfied with the site or any other services, your sole remedy is to discontinue using the site and other services. To the extend permitted under any governing law, no advice or information, whether oral or written, obtained by you from EHE or through the site and other services shall create any warranty not expressly made herein.
To the fullest extent permitted by law, in no event shall EHE be liable for any special, indirect, punitive, cover, incidental or consequential damages, however caused, whether in contract or tort or under any other theory of liability, including without limitation, loss of revenue, anticipated profits business or sales, even if EHE or an authorized representative thereof has been advised of the possibility of such damages. In no event shall the total liability of EHE 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 other services exceed, in the aggregate, $100.00.
For users contracting with EHE Auctions Inc, these Site Usage Terms shall be governed by the laws of the State of Texas.
Any notice to EHE Auctions Inc. must be in writing and must be sent by registered mail or overnight courier to the following address:
If any provision of these Site Usage Terms 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 affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by EHE to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. If a translation of these Site Usage Terms 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. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.