Greetings from Machines & Bids!

We invite you to carefully peruse the guidelines and limitations that are applicable when you utilize our website(s), products, services, and applications (collectively referred to as the “Services”). Should you have inquiries, feedback, or any concerns related to these terms or the Services, please reach out to us at:

• Email: mail@machinesandbids.com
• Address: 5080 Fairview St, Burlington, ON Canada L7L 7E9

The Terms of Use (hereafter referred to as the “Terms”) constitute a legally binding agreement between you and Machines & Bids, LLC (“Machines & Bids,” “we,” “us”). Engaging with our Services implies your full acceptance of these Terms, which will remain active throughout your usage of the Services. The Terms encapsulate the details in this document as well as those within the Privacy Policy.

These Terms are crucial as they encompass critical information about the Services provided to you, including prospective amendments to the Terms, a limitation of liability, an agreement to waive class action rights, and the settlement of disputes through arbitration rather than court litigation. BE AWARE THAT YOUR ENGAGEMENT WITH AND ACCESS TO OUR SERVICES ARE CONDITIONED UPON ACCEPTANCE OF THESE TERMS; NON-ACQUIESCENCE MEANS YOU MUST FORGO ACCESS AND USE OF THE SERVICES.

NOTICE OF ARBITRATION AND WAIVER OF CLASS ACTION: WITH LIMITED EXCEPTIONS, AS STATED IN THE ARBITRATION AGREEMENT SECTION BELOW, DISPUTES BETWEEN YOU AND US WILL BE RESOLVED VIA BINDING ARBITRATION. YOU RELINQUISH THE RIGHT TO ENGAGE IN A CLASS ACTION LAWSUIT OR ARBITRATION.

Facilitating Connections in Machinery Commerce

Machines & Bids serves as a facilitator, connecting machinery vendors (“Sellers”) with potential purchasers (“Bidders”). Our Services provide a venue for interaction; the actual sales agreement for each piece of machinery listed is between the Seller and the successful Bidder.

The term “you” within these Terms refers to any user of our Services, be it as a Seller, Bidder, or another kind of registered or non-registered user. However, specific terms such as Seller or Bidder apply exclusively to that user category.

Bidders must independently assess the suitability of any machinery offered by Sellers (hereafter a “Seller Machine”) before purchase. Machines & Bids is solely tasked with linking Sellers and Bidders and does not undertake the responsibility to assure that any Seller Machine meets a specific standard of quality. Likewise, we are not liable for verifying the accuracy or currentness of information (including credentials) provided by any Bidder or Seller regarding themselves or the machinery on offer. Each Seller is obliged to exert reasonable effort to fulfill the sale of their Seller Machine upon receiving a winning bid. Each Bidder concurs that a winning bid at auction binds them to purchase, inclusive of all relevant governmental fees and taxes associated with the machinery. Nonetheless, we do not govern the conduct of Bidders or Sellers, and Sellers are not our employees.

MACHINES & BIDS DOES NOT DIRECTLY VEND SELLER MACHINES. IT IS HEREBY ACKNOWLEDGED THAT MACHINES & BIDS DOES NOT OVERSEE, CONTROL, OR GUARANTEE THE SELLER MACHINES AND EXPRESSLY DISAVOWS ALL LIABILITY AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR LEGAL AND REGULATORY COMPLIANCE.

Sellers are prohibited from retracting a machine listed for auction on our Services prior to the auction’s conclusion. Additionally, while a Seller Machine is active on the Services, the Seller is forbidden from advertising or offering the machine on any alternative auction, dealership, listing service, or publication.

Could these Terms change in the future?

To enhance our Services, the Terms may be subject to modifications. We reserve the right to amend the Terms at any time. Should such changes occur, we will alert you through our site, email, or other communication means.

If the new Terms are unacceptable to you, you have the liberty to decline them; regrettably, this will mean you can no longer utilize the Services. Should you continue to use the Services following a change in Terms, this will constitute your agreement to all modifications.

Apart from our changes, no other amendments to these Terms will be effective without a written agreement signed by both parties.

What is the stance on user privacy?

The privacy of our users is of paramount importance to Machines & Bids. For the current Machines & Bids Privacy Policy, please follow the provided link.

Protection of Children’s Online Privacy

The Children’s Online Privacy Protection Act (“COPPA”) mandates that online services must acquire parental consent before collecting personally identifiable information from children under thirteen (13). We do not intentionally gather such information from children below thirteen (13). If you are under thirteen (13), please do not register or use the Services, nor provide us with personal information. If we become aware of collecting personal information from a child under thirteen (13), we will eliminate that information promptly. Should you suspect a child under thirteen (13) has provided us with personal information, contact us at [Insert Legal Email].

Service Usage Fundamentals

Registration may be required to access certain Services, necessitating a password and user name (“Machines & Bids User ID”), and the provision of specific data, like contact details. You pledge to supply accurate and up-to-date registration details. You may not use a Machines & Bids User ID that infringes upon the rights of others or impersonate another individual. Transferring your account requires our explicit written permission.

You affirm that you are of legal age to enter into a binding contract or have obtained consent from a parent or guardian, who has agreed to these Terms on your behalf. If you accept these Terms for an organization, you warrant that you have the authority to bind said entity to these Terms.

Services are for your non-commercial, personal use, compliant with all applicable laws related to your use and conduct concerning the Services (e.g., Sellers must adhere to laws governing their machinery). Unauthorized use of the Services due to prohibitive laws is your responsibility, and we disclaim any liability for illegal use of the Services.

Your Machines & Bids User ID, account, password, and other credentials must remain confidential, and you are accountable for any activities under your account.

Messaging Within the Services

The Services may include communications such as emails from Machines & Bids. Upon registering, you will receive a welcome message and information on opting out of marketing communications.

Usage Restrictions

You affirm your commitment not to post or use the Services in ways that infringe on others’ rights, violate any laws, or engage in harmful, fraudulent, or objectionable activities. Such conduct includes, but is not limited to:

• Violating intellectual property or other rights;
• Breaking any law or regulation;
• Engaging in dangerous or deceptive activities;
• Compromising the security of your or others’ user IDs or accounts;
• Attempting to steal others’ account information;
• Disrupting network security or decrypting codes;
• Misusing the Services to send spam or run unauthorized auto-responses;
• Illegally scraping or extracting data from the Services;
• Storing or copying substantial parts of the Content without permission;
• Attempting to access the source code or underlying ideas of the Services.

Breaching these stipulations may result in the termination of your right to access the Services.

Handling Other Users’ Information

Collecting user information beyond what is necessary for auction transactions and due diligence is prohibited. Post-auction, all such information must be responsibly destroyed and not used further, adhering to all relevant laws.

Your Rights in the Services

Copyright and other intellectual property laws protect the materials available through the Services. You agree to respect all intellectual property and restrictions in the Content and not to exploit any Content you do not own, without permission or in violation of another’s rights.

We grant a non-transferable, non-exclusive, worldwide license to use the Content for personal use of the Services. The Services and all derivative works are the property of Machines & Bids, and you may not alter, commercialize, or claim any rights over them.

Contributions to the Services

Your contributions, such as posts or uploads, are your ’User Submissions.’ You bear sole responsibility for the accuracy and legality of your User Submissions.

User Submissions must not violate laws or infringe on any rights. You agree not to provide User Submissions that are illegal, abusive, or in violation of any laws.

Licenses

For the purpose of showcasing your User Contributions on our platform and enabling others to appreciate them, you are conferring upon us certain permissions regarding these submissions. All such licenses fall under the umbrella of our Privacy Policy when they pertain to User Contributions that contain your personal information.

When you provide User Contributions to our platform, you are granting Machines & Bids an international, non-exclusive, everlasting, royalty-free, completely compensated, sublicensable, and transferable right to utilize, adapt, abbreviate, amalgamate, copy, circulate, craft derivative works from, exhibit, perform, and in all other ways utilize the User Contributions in association with our website and Services, as well as our business and that of our successors and assigns. This includes the promotion and distribution of the website, Services, and any derivative content through any media forms and channels, including third-party sites and feeds, even after the deactivation of your account or Services. Additionally, you are also bestowing upon each platform and Service user a non-exclusive, everlasting license to access your User Contributions via the platform and Services, and to utilize, adapt, copy, circulate, create derivative works from, exhibit, and perform such User Contributions, even following the deactivation of your account or Services. For the sake of clarity, these licenses do not compromise any of your other ownership or licensing rights regarding your User Contributions, which includes the ability to grant supplementary licenses, unless explicitly agreed upon in writing. You declare and guarantee that you hold the necessary rights to extend such licenses to us without infringing upon or violating any third-party rights, including privacy, publicity, copyright, trademarks, contractual rights, or any other intellectual property or proprietary rights.

Moreover, you acknowledge and agree that Machines & Bids, to facilitate the technical delivery of the Services to users, may need to modify your User Contributions to align them with the technical specifications of networks, devices, services, or media, and that the aforementioned licenses encompass the rights to conduct such modifications.

Copyright Infringement

In compliance with the DMCA, we’ve formulated a policy to address copyright infringement. We retain the right to block or remove content we believe, in good faith, to be copyrighted material that has been illicitly copied and disseminated by our affiliates, advertisers, content providers, members, or users, and to terminate services for repeat infringers.

1. Reporting Copyright Infringements

Should you suspect that content on our Services infringes upon your copyright, or that of someone you represent, send a detailed notice of infringement to the Designated Agent of Machines & Bids, whose contact information is provided below:

1. The authorized individual’s physical or digital signature.
2. Identification of the infringed works or materials.
3. Location details of the allegedly infringing content, sufficient for us to locate and confirm its presence.
4. Your contact details, including address, telephone number, and email if available.
5. A declaration of your belief, in good faith, that the disputed use of material is not sanctioned by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, affirming the accuracy of the information in the notice and your authorization to act on behalf of the copyright owner.

2. Response to Infringement Notification

Upon receipt of a valid infringement claim, we reserve the right to:

1. Eliminate or disable access to the infringing material.
2. Notify the accused infringer that the material has been removed or access has been disabled.
3. Terminate the infringer’s access to the Services if they are a repeat offender.

3. Counter-Notice

If a content provider contests the claim of infringement, they may submit a counter-notice to our Designated Agent with:

1. Their signature (physical or electronic).
2. Identification of the material that was removed or disabled, and its prior location.
3. A statement that the provider believes in good faith that the material was erroneously removed or disabled due to a mistake or misidentification.
4. The content provider’s contact details and a statement consenting to the jurisdiction of the Federal Court in the district where they reside, or if outside the U.S., in any district where Machines & Bids is located, agreeing to accept service of process from the notifier.

Upon receiving a counter-notice, Machines & Bids may send a copy to the original complaining party, indicating that the removed content may be reinstated or access restored 10 business days later, unless the complaining party seeks a court order against the content provider.

Please reach out to Machines & Bids’ Designated Agent at:Machines & Bids, LLC
Attention: DMCA Designated Agent
5080 Fairview St, Burlington, ON Canada L7L 7E9

Responsibility for Content

The content that you see and interact with on the Services is solely the responsibility of the originator. You access such content at your own risk, and we are not liable for any inaccuracies, omissions, or any harm that may result. We have no control over, nor do we take any action concerning your interpretation or actions taken upon exposure to any content, and we disclaim all liability for any content acquired or not through the Services. We cannot assure the identity of other users you may encounter on the Services nor are we responsible for user access to the Services.

You bear responsibility for all content you contribute to the Services and affirm that you possess the requisite rights to do so.

Machines & Bids is not the owner or controller of third-party websites or services linked from our Services. Engaging with such third-party entities carries inherent risks, and Machines & Bids disclaims responsibility for these risks.

We have no authority over, and accept no responsibility for, the content or practices of any third-party websites or services. We encourage you to review the terms, conditions, and privacy policies of these external sites or services. By using our Services, you waive any claims against us that might arise from your use of third-party websites or services.

In case of disputes among participants on our site or between users and third parties, Machines & Bids has no obligation to become involved. If you find yourself in a dispute with another user, you absolve Machines & Bids, along with our directors, officers, employees, agents, and successors, from any related claims or damages. You also waive any rights under California Civil Code Section 1542 or equivalent legislation, which states that a general release does not extend to claims unknown to the releaser at the time of releasing.

Service Changes

Machines & Bids is constantly evolving to improve your experience. As such, we may alter, suspend, or discontinue any aspect of the Services, introduce new features, impose limitations, or restrict access to parts or the entirety of the Services. We reserve the right to remove any content for any reason at our discretion without notice.

Service Fees

While registration is free, some aspects of the Services may be subject to fees. Should you choose to utilize these paid features, you agree to the then-current fee terms. We reserve the right to begin charging for any aspect of the Services in the future, and we will provide notice prior to any free service becoming paid. If you wish to continue using such services, you are obligated to pay all relevant fees.

All fees and taxes related to our Services must be paid by the due date, including those associated with third-party payment processors like Stripe. For Stripe’s service terms, visit Stripe’s Legal Page.

Charges for Services

At present, Machines & Bids does not impose any fees to list machinery for sale on our platform.

Charges for Buyers

As the successful purchaser of machinery via our platform, you are obligated to pay Machines & Bids a fee (referred to as the “Buyer’s Premium”), which is 4.5% of the successful bid price displayed on our platform. However, the Buyer’s Premium will not be less than $225 nor exceed $4,500, irrespective of the bid amount. It should be noted that all Buyer’s Premiums are final and non-refundable.

Upon placing a bid through our platform, Machines & Bids will reserve an amount on your credit card equal to 4.5% of your bid (with a minimum reservation of $225 and a maximum of $4,500). Following the conclusion of the auction, all reservations, except for the one pertaining to the successful bidder’s credit card, will be released. The reservation on the successful bidder’s credit card will be processed as the payment for the Buyer’s Premium immediately when the auction concludes.

For additional details on our auction procedures and other service functionalities, please consult our “About Machines & Bids” and “List Machinery” sections.

Payments to Sellers

Sellers must furnish Machines & Bids with all necessary payment information, such as PayPal or bank account details and a current IRS Form W-9, within ninety (90) days following the auction’s conclusion. Should the seller not comply with this requirement, Machines & Bids is not accountable for any payments to the seller, and the seller forfeits any right to such payments.

Discontinuation of Services

You have the liberty to discontinue using our platform at any given time by getting in touch with us at legal@machinesandbids.com. Please review our Privacy Policy, in conjunction with the aforementioned licensing terms, to understand how your information is managed post the cessation of service use.

Machines & Bids reserves the right to terminate or suspend your access to our services or your account for any reason at our discretion, including but not limited to breaches of these Terms. Machines & Bids is the sole arbiter in determining violations of these Terms. For instance, a bidder who suspects a seller of violating these Terms cannot enforce these Terms against said seller.

Terminating your account may lead to the deletion of any content linked to your account, so consider this action carefully. If you accidentally delete your account, contact us immediately at legal@machinesandbids.com. We will endeavor to assist, but restoration of any data or content is not guaranteed.

Upon termination, any terms that by their nature should persist will remain in effect, such as, but not limited to, your obligations to pay or indemnify us, any limitations on our liability, and any terms concerning intellectual property ownership. This also includes terms regarding dispute resolution.

Additional Information

Warranty Disclaimers. Machines & Bids and its affiliates do not guarantee the Services or any content accessed through them. We are not liable for the accuracy, copyright compliance, legality, or decency of material on our Services or for any claims or damages arising from your participation in the Services. Purchases made through Machines & Bids are provided “AS-IS” without any warranty by Machines & Bids or any third party unless otherwise expressly provided.

Limitation of Liability. Under no legal theory shall Machines & Bids be liable for indirect, special, incidental, punitive, or consequential damages of any kind, or for any substitute goods, services, or technology. Our total liability is limited to the greater of $100 or the amount paid by you to Machines & Bids in the twelve (12) month period preceding the claim.

Indemnity. You agree to indemnify Machines & Bids from all claims and liabilities arising from your use of the Services or your breach of these Terms.

Assignment. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without our consent but may be assigned by us without restriction.

Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

Arbitration Agreement. Disputes arising under these Terms will be resolved by binding arbitration in San Diego County, California, in accordance with JAMS Rules.

Miscellaneous. You are responsible for all taxes associated with your use of the Services. These Terms are the complete and exclusive understanding between you and Machines & Bids regarding the Services. No waiver of any term shall be deemed a further or continuing waiver, and Machines & Bids’ failure to assert any right under these Terms shall not constitute a waiver of such right.

There are no third-party beneficiaries intended under these Terms, except as noted regarding Personnel and the arbitration agreement.