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PRIVACY STATEMENTAuctionBiz.com is committed to protecting the privacy of our users. We want to provide a safe, secure user experience. We will use our best efforts to ensure that the information you submit to us remains private, and is used only for the purposes as set forth herein. The following reflects our commitment to you. Information About All AuctionBiz.com VisitorsIn general, we gather information about all of our users collectively, such as what areas users visit most frequently and what services users access the most. We only use such data anonymously and in the aggregate. This information helps us determine what is most beneficial for our users, and how we can continually create a better overall experience for you. We may share this information with our partners, but only in the aggregate, so that they too may understand how AuctionBiz.com visitors use our site, so they may create a better overall experience for you, as well. Information About You SpecificallyIn general, we gather information about all of our users collectively, such as what areas users visit most frequently and what services users access the most. We only use such data anonymously and in the aggregate. This information helps us determine what is most beneficial for our users, and how we can continually create a better overall experience for you. We may share this information with our partners, but only in the aggregate, so that they too may understand how AuctionBiz.com visitors use our site, so they may create a better overall experience for you, as well. General Information DisclosureWe do not disclose information about your individual visits to AuctionBiz.com, or personal information that you provide, such as your name, address, e-mail address, telephone number, credit card number, etc., to any outside parties, except when we believe the law requires it. But, we may record and share aggregated information with our partners. Also, if you input your information on a co-branded registration page, such as that of an AuctionBiz.com and partner company-sponsored contest, then your information becomes the property of both AuctionBiz.com and the partner co-sponsoring the contest. In that instance, AuctionBiz.com is not responsible for the information that the partner company receives. CookiesThere is a technology called "cookies" which is a file transferred from a website to the hard drive of your computer so that the website operator may track activities on the site. AuctionBiz.com uses cookies to help track activity when members log in. Cookies allow us to make AuctionBiz.com more convenient to use when adding equipment listings or modifying your member information. A cookie will NOT permit AuctionBiz.com to learn any personally identifying information about you, such as your real name or address, unless you have previously provided that information to us or you have set the preferences in your browser to provide this information. Please note that you can set your browser to notify you when you receive a cookie, giving you the opportunity to accept or reject it. FeedbackAuctionBiz.com has an area on the site where you can submit feedback (contact form). Any feedback that is submitted through this area becomes the property of AuctionBiz.com. We may use this feedback, such as success stories, for marketing purposes, or to contact you for further feedback on the site. ChildrenWe do not specifically collect information about children. We believe that children should get their parents' consent before giving out personal information. If you are concerned about your child's use of AuctionBiz.com, we encourage you to use Web filtering technology to supervise your child's access to the site. We also encourage you to participate in your child's experience with AuctionBiz.com. With a little guidance, the site can prove very useful in helping them learn about the marketplace, search and locate equipment. Privacy Commitment ChangesIf we decide to change our privacy commitment for AuctionBiz.com , we will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. If, at any time, you have questions or concerns about AuctionBiz.com privacy commitment, please feel free to email us at internetservices@ipkoke.com or call 888-468-8446 and speak to one of our representatives. Thank you for using AuctionBiz.com. We'll keep working hard to earn your loyalty. TERMS OF USETHE TERMS, CONDITIONS AND NOTICES BELOW WILL GOVERN YOUR USE OF THE AUCTIONBIZ.COM NETWORK. THEY ALSO PROVIDE NOTICE OF SOME OF AUCTIONBIZ.COM POLICIES. PLEASE READ THEM CAREFULLY!The AuctionBiz.com Network is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions and notices contained herein. "Network" also refers to all information, text and visual images, software, products and services used or available via the Network. Any and all rights not expressly granted in these Terms, Conditions and Notices (collectively, these "Terms") are reserved by AuctionBiz.com , reserves the right to change these Terms, at its sole discretion, at any time or from time to time. Your use of the Network means that you've read all of these Terms and agree to them. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please email us or call Santiam Data Systems at 866-813-2873. General; Trademarks, Copyrights, etc.Santiam Data Systems LLC is the owner of all intellectual property rights (including copyrights) in the AuctionBiz.com Network. Material published by Santiam Data Systems LLC on this Network may contain other proprietary notices or describe products, services, processes or technologies owned by Santiam Data Systems LLC or third parties. Nothing in these Terms or in the Network shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Santiam Data Systems LLC or any third party, except as expressly set forth herein. The deletion or alteration of any copyright or other proprietary notices from the Network is strictly forbidden. "AuctionBiz.com", "VIHN" and certain other names or logos are trademarks of Santiam Data Systems LLC, and all related product and service names, design marks and slogans are the trademarks or service marks of Santiam Data Systems LLC All other product and service marks contained herein are the trademarks of their respective owners. The "look" and "feel" of Santiam Data Systems LLC's site (including color combinations, button shapes, layout, design and all other graphical elements) are also Santiam Data Systems LLC's trademarks or copyrights. All editorial content and graphics on this site, as well as the HTML and ASP based computer programs used to generate pages, and the Website are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of Santiam Data Systems LLC, which reserves all rights. Re-use of any of Santiam Data Systems LLC's editorial content and graphics for any purpose is strictly prohibited without Santiam Data Systems LLC's prior written permission. Please direct any requests for permission to service@santiamdata.com Please be aware that the information, software, products and services published on this Network may include inaccuracies, typographical errors or out-of-date information. Changes are made and items added to the Network and the information on it from time to time. Santiam Data Systems LLC may make such changes or additions at any time at its sole discretion. Other Parties.This Network may contain hyperlinks or other connections to Web sites operated by parties other than Santiam Data Systems LLC, including but not limited to those of the Santiam Data Systems LLC Member companies and agencies or its advertisers (individually or collectively, as the case may be, "Members"). Santiam Data Systems LLC does not control these Web sites and is not responsible for them, including for their availability, content or any viruses accessed through them. Santiam Data Systems LLC's inclusion of hyperlinks, distribution of listings (through VIHN ) or other connections to such Web sites does not imply any endorsement of the material on them or any association with their owners or operators. Santiam Data Systems LLC takes no responsibility whatsoever for the activities of buyers or Santiam Data Systems LLC Member dealers and Network Partners or those Members' respective business practices (or any of the information posted or downloaded by them on the Network). Nothing on the Network shall be deemed to be an endorsement, representation or warranty with respect to any Member, applicant or other third party, whether in regard to its Web site, products, services or otherwise. Your Use; Limited License.The AuctionBiz.com Network is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Network, the Santiam Data Systems LLC Website as a whole software, products or services obtained from or available as part of or in conjunction with this Network. You are granted a non-exclusive, non-assignable and non-transferable license to use the Network only under these terms and conditions of use. This license is not a sale of any of the owner's rights. The AuctionBiz.com Network may be used only by you, and you may not rent, lease, lend, sub-license or transfer the Network or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Network. You may not transfer to or store any data residing or exchanged over the AuctionBiz.com Network in any electronic network for use by more than one user unless you obtain prior written permission from Santiam Data Systems LLC Your Responsibilities.The Santiam Data Systems LLC site may be used only for lawful purposes by individuals or companies seeking to purchase equipment and related items and individuals or companies seeking to sell equipment and related items. As one of the conditions of your use of the and related items Network, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Network for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is YOUR RESPONSIBILITY to ensure that your use of the Network complies with these terms, conditions and notices and to seek prior written permission from Santiam Data Systems LLC for any uses not permitted or not expressly specified herein. In connection with your use of the AuctionBiz.com Network, you will not: 1. Transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another's right of privacy or publicity; 2. Impersonate any person or entity, including but not limited to, an Santiam Data Systems LLC official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity; 3. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); 4. Post or transmit any Content that contains a virus or corrupted data; 5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; 6. Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); 7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam,""chain letters," "pyramid schemes" or any other form of solicitation or any non-equipment information such as opinions or notices, commercial or otherwise; 8. Violate any applicable local, state, national or international law; and 9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. a. Respond to any equipment listing on the Network for any reason other than to inquire about that piece of equipment or seller. Communications soliciting the seller's business by our competitors are strictly prohibited. 10. Delete or revise any material posted by any other person or entity. 11. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited. Specific Prohibited Uses.The Web Site may be used only for lawful purposes by individuals or companies seeking to purchase equipment and related items and individuals or companies seeking to sell equipment and related items. Santiam Data Systems LLC specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: Posting any incomplete, false or inaccurate information or information which is not your own accurate information, Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents. Deleting or revising any material posted by any other person or entity. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site. Taking any action which imposes an unreasonable or disproportionately large load on this Web Site's infrastructure. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. Web Site Security Rules.Users are prohibited from violating or attempting to violate the security of Santiam Data Systems LLC, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a Network or network or to breach security or authentication measures without proper authorization,(iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of Network or network security may result in civil or criminal liability. Santiam Data Systems LLC will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Your Grants.By submitting (e.g., uploading) Content to the Network, you automatically grant Santiam Data Systems LLC the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the Network), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Content have been waived. Santiam Data Systems LLC and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Network. Without limiting the foregoing, Santiam Data Systems LLC and its designees shall have the right to remove any Content that violates these Terms or are otherwise objectionable. You agree to indemnify and hold ML,S Inc. harmless from any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another. Monitoring, etc.Santiam Data Systems LLC is under no obligation to monitor the information residing on or transmitted via this Network. However, you agree that Santiam Data Systems LLC may monitor the Network Contents to (1) comply with any applicable laws, regulations or other government requests; (2) to operate the Network properly or to protect itself and its users and Members; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. Santiam Data Systems LLC reserves the right to modify, reject or eliminate any information residing on or transmitted to its Network that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions. Information Collection.The very nature of the service Santiam Data Systems LLC provides you requires that we gather, process, use and distribute information which you provide directly (e.g., name, physical address, e-mail address, equipment listings), as well as information regarding the manner in which you use the Network. Santiam Data Systems LLC cannot guarantee that your information will be prevented from being viewed by any particular party. If you have directly submitted information and would like us to remove it from our database, please contact us at the email address or phone number listed above and we will use reasonable efforts to delete your information from our then existing files. At your request, we will also make reasonable efforts to forward a similar request on to up to five Network Partners specified by you; however, we cannot control, or be liable for such efforts, or for any past, present or future action or inaction by any of our Network Partners. Disclaimer of Liability.Santiam Data Systems LLC IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION GIVEN OR DISCLOSED BY Santiam Data Systems LLC OR ON OR THROUGH THE AuctionBiz.com Network. ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Santiam Data Systems LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE AuctionBiz.com Network, INFORMATION OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE SAME (OR ANY LINKED SITE), OR FOR ANY INFORMATION OBTAINED FROM Santiam Data Systems LLC, THROUGH THE Santiam Data Systems LLC NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE AuctionBiz.com Network OR INFORMATION, THE INTERNET GENERALLY, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF Santiam Data Systems LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EXCEPT TO THE EXTENT INJURY IS CAUSED BY THE DELIBERATE OR GROSSLY NEGLIGENT CONDUCT OF Santiam Data Systems LLC OR ITS PERSONNEL. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Santiam Data Systems LLC’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE CHARGES BILLED BY Santiam Data Systems LLC TO THE CLAIMANT DURING THE MONTH OR MONTHS SUCH DAMAGES WERE INCURRED. SPECIFICALLY, AND WITHOUT LIMITING THE SCOPE OF THE OTHER LANGUAGE IN THIS PARAGRAPH, BECAUSE OF THE INHERENT UNPREDICTABILITY AND VARIABILITY OF VARIOUS COMPUTERS AND SYSTEMS, Santiam Data Systems LLC CANNOT CONTROL THEIR PERFORMANCE, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE OPERATION OR NONOPERATION OF COMPUTERS AND SYSTEMS OF USERS OF THE Santiam Data Systems LLC NETWORK AND INFORMATION FROM Santiam Data Systems LLC; THAT IS, IF YOUR SYSTEM OR ANY PART THEREOF FAILS FOR ANY REASON, REPAIR OF THE SAME AND RESPONSIBILITY FOR ANY RESULTING INJURY LIES SOLELY WITH YOU, AND NOT Santiam Data Systems LLC. AS USED IN THIS PARAGRAPH, THE FOLLOWING TERMS HAVE THESE MEANINGS: "INFORMATION" MEANS ANY INFORMATION, MATERIAL, APPARATUS, PRODUCT, ADVICE, SOFTWARE, SERVICE OR PROCESS; "IP" MEANS Santiam Data Systems LLC; "IP NETWORK" MEANS ALL SYSTEMS, SERVICES AND WEBSITE (INCLUDING BUT NOT LIMITED TO ALL PARTS THEREOF, LINKS PROVIDED THEREIN, CONTENT OF LINKED SITES, AND WEBSITE HOSTING) CREATED OR PROVIDED BY Santiam Data Systems LLC. Miscellaneous.No Partnership, etc. You agree that no joint venture, partnership, employment or agency relationship exists between you and Santiam Data Systems LLC (or any of Santiam Data Systems LLC's Members) as a result of this agreement or your use of this Network. Certain Legal Requirements. Santiam Data Systems LLC's performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish Santiam Data Systems LLC's right to comply with law enforcement requests or requirements relating to your use of the Network or information provided to or gathered by Santiam Data Systems LLC with respect to such use. Agreement. These terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Santiam Data Systems LLC, its Network or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Certain Rights & Obligations; Modification. Santiam Data Systems LLC shall have the right to terminate your ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. Santiam Data Systems LLC shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without Santiam Data Systems LLC's prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Enforcement, Interpretation, etc. These terms shall be governed by internal Oregon and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Lane County, Oregon, U.S.A. Use of this Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, Santiam Data Systems LLC will be entitled to equitable relief upon a breach of them by you. Specific Prohibited Uses. The Web Site may be used only for lawful purposes by individuals or companies seeking to purchase equipment and related items and individuals or companies seeking to sell equipment and related items. Santiam Data Systems LLC specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: Posting any incomplete, false or inaccurate information or information which is not your own accurate information, Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents. Deleting or revising any material posted by any other person or entity. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site. Taking any action which imposes an unreasonable or disproportionately large load on this Web Site's infrastructure. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. |
© AuctionBiz.com, 2010. Privacy Statement/Terms of Use