These Terms of Use (these “Terms”), together with our Privacy Policy, govern your access to and use of this website (our “Site”), including all services we now offer or may offer in the future through our Site (our “Services”). Our Site and Services are provided by Vetted Equipment. Secure Transactions. LLC, a Idaho limited liability company with a registered address of PO Box 3230 Hailey, Idaho 83340, USA (“VEST,” “we,” “our,” or “us”). “(Y)ou” or “your” refers to the user accessing and using our Site and Services, and may refer to an individual or an entity.

THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND VEST. PLEASE READ THEM CAREFULLY. BY ACCESSING AND USING OUR SITE AND SERVICES YOU CONFIRM YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

Services Generally

We provide platforms that allow users to list items for sale (“Listed Item(s)”) and for other users to view those Listed Items, but we are not the seller or buyer of any Listed Items. Any users who choose to use our Services are acting on their own behalf and are responsible for any actions that they may take with respect to any transactions that they may enter into. We do not represent any users of our Site or Services, and we are not a party to any transaction that may occur between users. You are solely responsible for resolving any disputes that you have with other users of our Site or Services. However, we may, in our sole discretion, monitor or inquire about disputes or issues between users in order to protect our Sites and Services and address potential non-compliance with these Terms by a user.

We are not in the business of the selling or buying of any Listed Item(s) on a commission basis. We do not take any Listed Item(s) on consignment. All transactions and the terms of any agreements that may occur between users of our Site or Services are determined solely through direct user-to-user negotiation and interaction. We are not acting as an employee, agent, representative, broker, dealer, real estate broker, associate real estate broker, real estate agent, real estate salesperson, mortgage broker, mortgage lender, appraiser of real property, marketing agency, or marketing agent of any users of our Site or Services. We do not produce, manufacture, handle, hold, maintain, store, process, distribute, transport, deliver, or take possession of any Listed Item(s) at any time. We are not bonded for the protection of Sellers or Bidders or any user of our Site or Services.

Terms & Conditions

Access and Use.

While we use reasonable efforts to provide our Sites and Services to you for so long as you are compliant with these Terms, we do not guarantee that they will be secure, or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access or use our Sites and Services. You should use your own virus protection software.

You may use our Sites and Services only if you can form a binding contract with us, and in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of our Sites or Services by anyone under the age of majority in his/her state of residence is strictly prohibited. Our Services are not available to any users we have previously removed or suspended from our Services. We may suspend or terminate your access to our Services at any time, for any reason (such as your material breach of these Terms, our reasonable belief that it is necessary to protect the safety or property of others, to prevent fraud or for risk assessment purposes) or for no reason. We reserve the right to limit your use of our Site or Services or terminate your account immediately, without notice or refund of any amounts that you may have paid to us.

By registering a user account with us or using our Sites and Services, you represent and warrant that you (a) will abide by all of the terms set forth herein; (b) will not provide false, deceptive, fraudulent, fictitious, false or misleading information about yourself or the Listed Item(s); (c) will not post any information on our Site or Services that is offensive, rude, disparaging, intended to deceive or delude other users/visitors, threatening, abusive, harassing, hateful, defamatory, pornographic, political, racist, or otherwise unlawful or offensive, or that does not generally pertain to the designated topic or theme; (d) will maintain the security of any user identification code and/or password associated with your account, notify us immediately if you suspect that such security has been breached, and accept all risks of authorized and unauthorized access to your account and the information you provide to us; and (e) will not violate the intellectual property or privacy rights of any third party.

If you register a user account or use our Site and Services on behalf of a third party (such as another person or legal entity), then you represent and warrant that you are an authorized representative of that person or entity with the authority to bind such person or entity to these Terms, and you agree to these Terms on behalf of that person or entity.

User accounts are non-transferable

Only you may use your user account. You are liable for all activities that are undertaken using your user account. We may verify your account by collecting contact information (including, but not limited to, legal company name, street address, and employer identification number) and banking information from you, directly calling you to confirm the accuracy of your account information, and taking whatever additional steps we deem necessary.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights to and in our Site and Services, and in the content published on them. Those rights are protected by copyright, trademark and other applicable laws, as well as by treaties around the world. You will not use, copy or otherwise take any action with respect to our Site and Services or such content except as expressly permitted by these Terms. You will, likewise, respect the intellectual property rights of others in exercising the rights granted to you hereunder.

Acceptable Usage

You may access and use our Services solely to list Listed Item(s) for sale or to view Listed Item(s) for your potential purchase. If you copy, redistribute or resell any of our Services or any content made available to you through our Site or our Services, your right to access and use both will cease immediately, and you must take down or destroy any content you have obtained in violation of these

Terms

Prohibited Uses

As part of our Site and Services, we may provide access to data, information, and content relating to Listed Item(s), including without limitation current and historical Listed Item(s) and related information, materials, and content (our “Site Information”). You must not:

Modify or Alter: Modify or alter any Site Information, content, materials, or portions of our Site or Services in any way.
Separation of Elements: Use any Site Information, illustrations, photographs, video or audio sequences, or any graphics separately from accompanying text, or any text separately from accompanying illustrations, photographs, video or audio sequences, or any graphics.
Ownership Indications: Remove any indications of ownership from any Site Information or content originating from our Site or Services, or claim it as your own or as that of any other entity or individual.
Unauthorized Use: Use any part of our Services, Site Information, or content on our Services for any purpose not expressly provided for in Section 4 without obtaining a license from us or our licensors.
Unauthorized Access: Access, or attempt to access, parts of our Site or Services not intended for public use (including but not limited to website administration areas).
Reverse Engineering: Modify, adapt, or reverse engineer any aspect of our Site, Services, or Site Information.
Data Scraping: Conduct any web scraping, web harvesting, web data extraction, or any other data scraping of Site Information or our Sites or Services.
Automated Access: Use any automated means, such as robots, spiders, scrapers, data mining tools, or data gathering tools, to access our Site or Services, or collect, copy, or record our Site Information or content off our Site or Services.
Overloading Infrastructure: Take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure.
Unauthorized Use of Content: Copy, download, distribute, transmit, reuse, report, reproduce, modify, use, create derivative works from, or publicly display any Site Information or content of our Site or Services for public or commercial purposes, including generating reports or aggregating data or content.
Extraction of Reports: Extract reports from our Site Information or Services.
Image Capture: Take photos, screenshots, or other images of our Site Information, Site or Services or any content therein.
Competitive Use: Use our Site Information or our Site or Services in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage.
Benchmarking: Use our Site Information or our Services for benchmarking or competitive analysis of our Services.
Disparagement: Identify us or display any portion of our Site Information, Site or Services on any website or service that disparages us or our products or services, or infringes any of our intellectual property or other rights.
Bypassing Measures: Bypass any measures we may use to prevent or restrict access to our Services, including our robot exclusion headers.
Disruption: Attempt to disrupt or interfere with the Site Information or our Site or Services in any way or with another user’s/visitor’s use of our Site or Services, or use the Site Information or our Site or Services as a means of disrupting or interfering with other websites or networks.
Vulnerability Testing: Probe, scan, or test for vulnerabilities of our Site, Services, other websites, or any networks connected to them.
Data Corruption: Willfully corrupt any Site Information, data, documents, or content available through our Site or Services.
Malicious Activities: Knowingly or recklessly transmit or distribute a virus into our network and computer systems.
Assistance in Prohibited Acts: Assist, encourage, or permit any other person to engage in any of the prohibited acts described above.

Breach of Usage

All the prohibited uses set forth in Section 5 above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, Trojan horses, viruses, unauthorized, malicious, or harmful code or other harmful software. By breaching this provision, you may be committing a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

Limitation of Liability

To the fullest extent permitted by law, in no event shall the indemnified parties be liable for any indirect, consequential, special, incidental, or punitive damages, whether in contract or tort or under any other theory of liability, including without limitation, loss of profits, anticipated profits, business or sales, any loss of goodwill or reputation, or the costs of substitute goods or services, even if the indemnified parties, or an authorized representative thereof, has been advised of the possibility of such damages, arising out of, based on, or resulting from:

Our Services.
Our Site.
These Terms.
Any breach of these Terms by you or a third party.
Your, or any third-party’s use of our Site or Services, or the services any third party provides, related to the business we operate.
Any user information or user-contributed content.
Any interaction between our Site or Services and any third-party site.
Any actual or attempted communication or transaction, including without limitation, any payment or purchase transaction (even if we or any third party receives a fee in connection therewith) between users of our Site or Services.

In no event shall the total liability of the indemnified parties 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 these Terms, the purchase, sale, or use of any Listed Item(s), or your use of our Site or Services exceed, in the aggregate, the lesser of one thousand dollars ($1,000.00) or the total fees earned by us in connection with the Listed Item(s) to which the applicable claim relates.

General

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions. You irrevocably agree to the exclusive jurisdiction of the courts of Lancaster County, Nebraska, USA for any dispute arising out of these Terms.

Translations: For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control.

Amendments: We may modify, add, or remove any portion of these Terms (including any documents incorporated herein), from time to time, in our sole discretion, with or without notice to you, by posting such change on our Site and/or Services. Once posted, such changes shall come into full force and effect.

Entire Terms: The introductory paragraph, and any documents that are linked to or referenced in these Terms, are hereby incorporated by reference and made part of these Terms. Collectively, the foregoing constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

Advice: Any guidance, discussions, or advice provided by Sandhills, its employees, independent contractors, and agents related to using our Site and Services, including but not limited to guidance for placing or reviewing Listed Item(s), is intended for general information purposes only. It is not intended as legal advice, and you agree that you will independently evaluate and not rely on such advice for any purpose.

Headings: Headings used in this agreement are intended, and shall for all purposes be deemed to be, for convenience only and shall have no force or affect whatsoever in the interpretation of this agreement.

Reformation: If a court of competent jurisdiction determines that the scope of any provision of these Terms is too broad to be enforced, the court shall reform such provisions to such narrower scope as it determines to be enforceable.

Survival: Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms, including but not limited to, Sections 3, 7, 8, 12, 13, 14, 15, 16, and 17.

Severability: If any provision of these Terms is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.

Successors and Assigns: These Terms shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assigns. These Terms may not be assigned by you without our prior written consent. We may freely assign these Terms to any third party.

Waiver: No delay or omission by a party in exercising any right under these Terms shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.

International Availability: We do not represent that our Site and Services are available worldwide, or that any proposed purchase and sale transactions between users can occur in every location in the world. You agree to comply with all local rules regarding online conduct and acceptable content, including, without limitation, applicable laws regarding the transmission of data exported from the United States to the country in which you reside. Please note that additional or different terms may apply if you reside outside of the United States. Please click on the location link below for more details: Jurisdictions.

See our Privacy Policy
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