BIDDER USER TERMS

These Bidder User Terms (these “Bidder Terms”) govern your access to and use of our Services as a Bidder. The Services can be accessed through https://www.HiBid.com . These Bidder Terms, shall be incorporated into the Terms of Use For HiBid, located here , and are collectively referred to herein as the “Terms.” All terms used (including capitalized terms) and not defined herein shall have the meanings ascribed to them in the Terms of Use For HiBid.

Bidder Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as Bidder.
Listed Item(s). We are not the owner, seller or auctioneer of the Listed Item(s) on our Sites. We do not inspect Listed Item(s), validate a Seller’s ownership of or authority to sell Listed Item(s), or provide any representations or warranties concerning Listed Item(s). Bidding on the Listed Item(s) is conducted at your own risk, and any resulting transaction for Listed Item(s) is solely between you and the Seller. We do not supervise, direct, or control Sellers. You understand and agree that we will not be liable for Listed Item(s) that you bid on, the acts or omissions of Sellers, or for any proposed or completed transactions between you and a Seller. You understand and agree it is your responsibility to verify all claims of the Seller. You acknowledge and agree that we are not a real estate broker, associate real estate broker, real estate agent, real estate salesperson, appraiser of real property, mortgage broker, or mortgage lender.

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 Sellers and Bidders or users of our Site or Services are determined solely through Seller and Bidder, user to user interaction and agreement. 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 Seller, Bidder, or user of our Site or Services. We do not produce, handle, hold, ship, feed, process, distribute, transport, deliver, or take possession of any Listed Item(s) at any time. We do not collect, handle or remit any money, payments, checkoff fees, receivables or proceeds from any transaction that may occur between Sellers and Bidders for the sale or purchase of livestock, poultry, or any other type of animals or any users of our Sites or Services concerning the sale or purchase of livestock, poultry, or any other type of animals. We are not registered with the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration Packers and Stockyards Program, pursuant to the provisions of the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.). We are not bonded for the protection of Sellers or Bidders or any user of our Sites or Services.
Auction Information and Bidder Inspections. The auction dates, information, descriptions and prices for Listed Item(s) are determined by the Seller and may be subject to change. Listed Item(s) may be used and may contain defects. We do not inspect or confirm the condition of the Listed Item(s). We do not verify the accuracy of, or control, the information and details provided by Sellers concerning the Listed Item(s). We do not guarantee that Sellers have or maintain proper bonds or any bonds which Sellers may be required to maintain pursuant to applicable laws, rules, and regulations including but not limited to bonds required by the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.) or any other laws requiring bonds for the sale of livestock or purchasing of livestock. We also do not guarantee that Sellers have or maintain proper auctioneers’ licenses, real estate brokers licenses, or any other licenses or registrations required by applicable laws, rules or regulation, or that Sellers comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the Listed Item descriptions. You should also take appropriate steps to inspect or validate the condition of Listed Item(s) prior to bidding on and receiving or taking possession or closing on Listed Item(s). We are not responsible for any errors or omissions in the content of any Listed Item(s). We reserve the right, in our sole discretion, to (i) withdraw any Listed Item(s) from our Services; (ii) amend the information in a Listed Item; or (iii) cancel any proposed bid for Listed Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities.
Additional Terms Posted by Seller. A Seller may post additional terms and conditions for their Listed Item(s) (the “User Posted Terms”). User Posted Terms are between you and the Seller and are separate from these Terms. You are solely responsible for reading and understanding any User Posted Terms prior to placing a bid on such Listed Item(s). We do not create, review, negotiate, or enforce User Posted Terms. If you do not agree to the applicable User Posted Terms, you should not place a bid on the Listed Item(s).
Additional Fees by Seller. In addition to the price of Listed Item(s), Sellers may charge a buyer’s premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are set by the Seller and may be subject to change depending on the Seller and the Listed Item(s).
Additional Seller Registration. . A Seller may require a Bidder to separately register with it prior to bidding on the Seller’s Listed Item(s), and may permit or deny the additional registration at its sole discretion
Transportation, Environmental Status/Clean-up/Testing, and Risk of Loss. We are not responsible for the care, loading, transportation, delivery or risk of loss for any Listed Item(s). We are not responsible for the risk of loss of Listed item(s) due to injury or death of the Listed Item(s) at any time. We are not responsible for the condition, encumbrances, easements, assessments, special assessments, liens, leases, repairs, damage, fixtures, utilities and utility lines, environmental hazards, hazardous or toxic materials, pollutants, contaminants, waste, asbestos, petroleum products, lead paint, erosion, wood destroying insects or other insects, flooding, wetlands, endangered species, soil quality and testing, water quality and testing, appraisal, surveying, boundaries, rights, and third-party interests that may exist on or pertain to Listed Item(s). Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for compliance with all laws and regulatory requirements applicable to the transportation of the Listed Item(s) and the use, condition, care, repair, status, clean-up, remediation, testing, inspection, appraisal, boundaries, and surveying of the Listed Item(s). Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for all freight, shipping, and other costs related to transporting the Listed Item(s). These costs may include feeding, watering, dismantling, special handling, loading, transportation costs, and permits required to move the Listed Item(s) to the Bidder’s desired location. You should confirm transportation, delivery and risk of loss information with the Seller and your designated transportation provider. Additionally, except as otherwise fully set forth in User Posted Terms, the Bidder with the winning bid will be responsible for obtaining and providing all health certificates, health documentation, and testing required for the shipment and transportation of the Listed Item(s). Furthermore, except as otherwise fully set forth in User Posted Terms, the Bidder with the winning bid shall be responsible for complying with all health entry requirements for the Listed Item(s) for the state of entry. In no event shall we have any responsibility for the transportation of Listed Item(s) or for any risk of loss or liability related to Listed Item(s) or for the condition, encumbrances, easements, assessments, special assessments, liens, leases, repairs, damage, fixtures, utilities and utility lines, environmental hazards, hazardous or toxic materials, pollutants, contaminants, waste, asbestos, petroleum products, lead paint, erosion, wood destroying insects or other insects, flooding, wetlands, endangered species, soil quality and testing, water quality and testing, appraisal, surveying, boundaries, rights, and third-party interests that may exist on or pertain to Listed Item(s).
Bidding. You understand, acknowledge and agree that:
1. When you submit a bid using our Services, your bid will be forwarded to the Seller and may be viewed by the Seller as a firm commitment and an irrevocable offer to purchase. Once you place a bid on our Site, it may not be retracted. If you have the winning bid, a Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation.
2. By using our Services to bid on Listed Item(s), you grant us permission to share your information with Sellers, including, without limitation, your contact information (e.g., name, address, telephone, number, email address, name and contact information of your real estate agent/broker, etc.) and other information that you provide to us.
3. You may place a max bid on Listed Item(s). When you place a max bid, our bidding technology will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, we will attempt to let you know that you have been outbid. In that situation, you may attempt to place another bid within the specific auction time.
4. Auctions may have time extensions. If a Seller elects to use a time extension for Listed Item(s), the bidding period on the Listed Item(s) may be extended when a higher bid than the then-current top bid is placed prior to expiration of that auction. The bidding period will continue as long as such higher bids are being placed within the time extension designated by the Seller.
5. 402 reserves the right to withdraw, postpone, or cancel any Listed Item(s), in our sole discretion, with or without notice. We shall have no liability to you as a result of any withdrawal, postponement, or cancellation.
6. 402 reserves the right to void a bid that you place, whether winning or not, which we believe (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate our Services.
7. The Seller is conducting the auction and makes the sole and final determination with respect to the sale of Listed Item(s).
8. WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.

Prohibited Bidder Conduct. Any deliberate attempt to artificially influence the sale price of any Listed Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on Listed Item(s) that you may also be selling, communicating with other Bidders, or shill bidding is expressly prohibited.
Additional Bidder Indemnity. In addition to the indemnification provisions set forth in the Terms of Use For HiBid, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all damages, costs, claims or liability (including reasonable attorneys’ fees) arising out of or resulting from any injuries to persons or property of any type, occurring during your or your agent's inspection of property, or your or your agent's presence at a Seller's site, or resulting from the sale, removal, use or operations of any Listed Item(s).
Conflicts. In the event of a conflict between the provisions set forth in these Bidder Terms and the Terms of Use For HiBid, the Terms of Use For HiBid shall prevail.

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