SELLER USER TERMS

These Seller User Terms (these “Seller Terms”) govern your access to and use of our Services as a Seller. The Services can be accessed through https://www.HiBid.com. These Seller 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.

Seller Registration and Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as a Seller.
Listed Item(s) and Auctions. You acknowledge and agree to the following:
1. We provide an auction platform, but we provide no auctioneering services, and we are not acting as your 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.
2. You conduct the auction and make the sole and final determination with respect to the sale of Listed Item(s);
3. You are solely responsible for any Listed Item(s) that you place for auction using our Services;
4. You agree to fully, completely, and accurately disclose all information relating to your Listed Item(s), including, but not limited to, brand or breed name or other indication of origin or manufacture, or breed or pedigree, certification, or real property information and condition and you shall be responsible for any such inaccuracies, errors, or omissions;
5. You will not list any Listed Item(s) through our Services that are illegal to use, possess, auction or sell under any applicable law, rule or regulation;
6. Listed Item(s) will not contain links to or a description of other items that you may have for sale outside of our Services;
7. Any Listed Item(s) that are not sold upon completion of an auction may be treated as withdrawn from our Services, and if you wish to re-list such Listed Item(s), you must pay us our then-current fees and expenses for such Listed Item(s) as though they were new Listed Item(s);
8. Listed Item(s) must be actual items and not mere examples of items. Only one Listed Item (with multiple quantities, if applicable) can appear on each listing;
9. You may have an option to set the opening bid price as a reserve depending on the Site;
10. You will make the Listed Item(s) available to the highest bidder in accordance with the Terms and any User Posted Terms (as defined below) that you may include with your Listed Item as set forth in Section 4 below; and
11. We reserve the right, in our sole discretion, to: (i) refuse to allow any item to be listed, at any time and for any reason; (ii) withdraw any Listed Item(s) from our Services; (iii) review and verify a Listed Item’s information and description; (iv) amend the information in a Listed Item; or (v) cancel any proposed bid for Listed Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities.

Seller Confirmation of Listed Item(s). You are responsible for reviewing the categorization and description of your Listed Item(s) to ensure the items are categorized and described accurately. While we do our best to assist Sellers with posting correct information, you are responsible for reviewing and ensuring that any content displayed on our Services appears as you intended. We take no responsibility for Listed Item(s) that are mis-listed or mis-categorized.
User Posted Terms. You may post additional terms and conditions of sale for your Listed Item(s) (“User Posted Terms”). User Posted Terms are between you and a Bidder and are separate from these Seller Terms. You are solely responsible for creating, reviewing and understanding any User Posted Terms prior to placing such terms with your Listed Item(s). We do not prepare, review, negotiate, or enforce any User Posted Terms. We do not represent or guarantee that any User Posted Terms will be enforceable against a Bidder.
Listed Item(s) Usage. You represent that once a Listed Item is placed for auction using our Services, it will not, unless otherwise expressly disclosed within the listing, be operated, leased, rented, modified, or altered until completion of the auction, and if sold to a Bidder, until the Listed Item(s) is removed from its location by or on behalf of the Bidder.
Encumbrances, Easements, and Environmental Conditions and Hazards. You are solely responsible for making full disclosure to Bidders of any and all encumbrances, easements, assessments, special assessments, liens, leases, repairs, 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, boundaries, rights and third-party interests that may exist on or pertain to Listed Item(s). You will, at your own expense, warrant and defend title to Listed Item(s) on behalf of the Bidder, its successors and assigns, against the claims and demands of all persons. If required, you shall be responsible for the payment of any independent appraisals and documentation fees required to release such Encumbrances and third party interests and for remediating such environmental conditions and hazards.
Buyback and Price Manipulation. You shall not bid or make an offer, directly or indirectly, nor allow any other person to bid or make an offer on your behalf, by agency or otherwise, on your Listed Item(s) or any part of your auctions. In the event of price manipulation or a buyback, we may, in our sole discretion, ban you from future use of our Services.
Our Fees. You agree to pay us our then-current fees for your use of our Services. Please contact your 402 representative for more information regarding current fees applicable to our Services. For an additional fee, you may purchase additional advertising. All fees paid to us are non-refundable.
Hyperlinks. We reserve the right to refuse hypertext links to, or addresses of, other websites and to remove hypertext links or web addresses without notice at our sole discretion.
Exclusivity. To the extent you are only auctioning a Listed Item online, our Services shall be the exclusive listing for that Listed Item and you shall not offer for sale or sell the Listed Item in any other manner until the earlier of (a) the date the Listed Item is auctioned through our Services; (b) the date you withdraw the Listed Item from our Services as permitted herein; or (c) the date on which the auction with the Listed Item expires.
Search Results. We cannot guarantee that your Listed Item(s) will appear in any specific order in search results on our Sites and Services. Search order results will fluctuate based on the search options used, including but not limited to, price and auction end time.
Representations and Warranties.
1. You represent and warrant that any Listed Item(s) placed by you:
  1. are owned by you, or you have the legal right and authority to sell such Listed Item(s) on behalf of the legal owner;
  2. are free and clear of any and all registered and unregistered liens, security interests, tax or duty obligations or other encumbrances or contrary claims whatsoever, except as expressly disclosed by you within the applicable listing (the “Encumbrances”);
  3. are in good condition and/or good operating condition, free of material defects, environmental conditions and hazards and/or hazardous or toxic materials and/or wood destroying insects or other insects, except as disclosed by you within the applicable listing;
  4. have not been modified or tampered with in any manner that would be contrary to applicable legislation or misleading to a Bidder, including, but not limited to, tampering with emission control devices;
  5. have not been fraudulently obtained, and are not stolen or counterfeit;
  6. only include descriptions, pictures and videos that are accurate;
  7. in the case of all motor vehicle equipment, have never been re-built, salvaged or glidered except as expressly disclosed by you within the applicable listing(s);
  8. include a description of all applicable odometer and hour meters that reflect actual mileage or usage unless otherwise expressly disclosed by you within the applicable listing(s); and
  9. include any and all legally required disclosures that may be applicable to the auction and/or sale of the Listed Item(s) to a Bidder.
2. You further represent and warrant that:
  1. you are solvent and have not made, nor are you aware of, any assignment, proposal or other proceeding for the benefit of your creditors;
  2. the offering for sale, advertising and sale of the Listed Item(s) will not contravene or infringe upon any patent, copyright, trademark, agreement, title, interest, or easement or similar right of any third party;
  3. you are duly authorized to complete and provide all listing information for Listed Item(s);
  4. any User Posted Terms for your Listed Item(s) are legal and do not violate any applicable laws, rules, regulations; and
  5. to the extent applicable, as it pertains to your use of https://www.HiBid.com as a Seller, you are an authorized dealer and/or auctioneer and/or a licensed real estate broker, licensed associate real estate broker, licensed real estate agent/salesperson and/or a livestock, animal, fowl, or poultry producer, farmer, or rancher and have and shall maintain all applicable and necessary licenses, permits, permissions and authorizations to place Listed Item(s) for sale and conduct auctions using our Services.

No Guarantee to Proceeds. We do not guarantee that Bidders will bid on Listed Item(s), that you will be able to sell Listed Item(s) using our Services, or that you will be able to collect the purchase price from a Bidder who has a winning bid for Listed Item(s).
Purchase and Sale of Listed Item(s). The actual purchase and sale of Listed Item(s) following an auction, is and shall remain the sole responsibility of the Seller who placed the Listed Item(s) for auction and the Bidder who had the winning bid. If you are the Seller, you must coordinate the purchase and sale of the Listed Item(s) directly with the Bidder who is the winning bidder for the Listed Item(s). You assume all risk and liability associated with any agreement(s) you enter into with the Bidder. We are not a party to, and do not facilitate, the purchase and sale of any Listed Item(s).

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 the Seller who placed the Listed Item(s) for auction and the Bidder who had the winning bid are determined solely through interaction and agreement between the Seller who placed the Listed Item(s) for auction and the Bidder who had the winning bid. 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 the Seller who place the Listed Item(s) for auction or the Bidder who is the winning bidder of the Listed Item(s) or for any 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 the Seller who places livestock, poultry, or any other animals for auction and the Bidder who had the winning bid for livestock, poultry or any other animals or for transactions which may occur between any users of our Site or Services concerning the sale or purchase of livestock, poultry, or any other 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 the Seller who placed the Listed Item(s) for auction or for the protection of the Bidder who had the winning bid or for the protection of any user of our Site or Services.
Additional Seller 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 (i) any breach of your representations, warranties or covenants set out in these Seller Terms; (ii) hazardous or toxic materials, pollutants, contaminants, waste, asbestos, petroleum products, lead paint, erosion, flooding, wetlands, wood destroying insects and other insects, and endangered species associated with Listed Item(s) or contamination resulting from any leakage, spills, or malfunction of Listed Item(s); (iii) deficiencies in the provision of documents required for the purpose of titling or registering any part of the Listed Item(s) by any Bidder thereof; (iv) taxes or customs duties or check off fees payable in respect of, the Listed Item(s) or any part thereof; (v) deficiency in compliance with any applicable environmental rules or regulations related to the Listed Item(s); (vii) any deficiency in compliance with any laws, rules or regulations concerning consumer protection, privacy, or taxes related to your use of our Services and any transactions with other users; (viii) deficiency in compliance with any applicable manufacturer or government restrictions related to Listed Item(s); (ix) any deficiency in compliance with any local, state, federal, and international laws, statutes, ordinances, rules, regulations licensing requirements/laws, reporting requirements/laws, bonding requirements/laws, import/export laws, customs requirements/laws, health requirements/laws, certification requirements/laws, nutrition requirements/laws, checkoff fee requirements/laws, production requirements/laws, and animal vaccinations requirements/laws applicable to the buying and selling, advertising, labeling, health, safety, care, production, feeding, watering, handling, holding, transport, shipping, delivery, receipt, and import/export of livestock, poultry, or any other animals including but not limited to cattle, bison, horses, mules, asses, burros, sheep, swine, hogs, goats, chickens, turkeys, ducks, geese or any other kinds of bovine or equine species or any other types of domestic fowl or poultry or any other types of specialty or alternative livestock; (x) any damage to Listed Item(s); (xi) any deficiency in compliance with local, state, federal laws, statutes, ordinances, rules, regulations licensing requirements/laws, reporting requirements/laws, bonding requirements/laws, zoning requirements/laws, environmental requirements/laws, recording requirements/laws, financing requirements/laws, landlord-tenant requirements/laws, building and safety requirement/laws, development and subdevelopment requirements/laws, and property tax requirements/laws applicable to the buying and selling, transferring, leasing, advertising, use, development and subdivision, and financing of real estate; and (xii) your User Posted Terms.
Conflicts. In the event of a conflict between the provisions set forth in these Seller Terms (including the Additional HiBid Terms and Conditions and the Additional HiBid Terms and Conditions for the sale and purchase of livestock, poultry, or any other animals and the Additional HiBid Terms and Conditions for the sale and purchase of real estate (set forth below)) and the Terms of Use For HiBid, the Terms of Use For HiBid shall prevail.
Additional HiBid Terms and Conditions. The following additional HiBid Terms and Conditions apply to Sellers who use our Services on HiBid, including those users who place Listed Item(s) and conduct online auctions through www.HiBid.com. When you access and use our Services on HiBid, you also agree to the following (each of which, shall be incorporated, as applicable, based on your use into these Seller Terms):
1. If you use any or all of our other services: Seller who use our Services on HiBid, our Auction Flex Auction Management Software, our Auction Flex 360 Services, and/or our Auction Flex Cloud Services, and related applications or information to such products and services which may be made available from time to time, then you are subject to, and bound by, the terms and conditions of the following:
  1. The Auction Flex Auction Management Software License, Gavel Buddy Auction Management Software (Standalone) License, Gavel Buddy Suction Management Web Services Access, Auction Flex Cloud Services Access, Auction Flex 360 Services Access and Media Warranty Terms available here.

Additional HiBid Terms and Conditions for the sale and purchase of livestock, poultry, or any other animals. The following additional HiBid Terms and Conditions for the sale and purchase of livestock, poultry, or any other animals apply to Sellers who use our Services to sell livestock, poultry, or any other type of animals on HiBid, including those users who place Listed Item(s) and conduct online auctions through https://www.HiBid.com. When you access and use our Services on HiBid to sell livestock, poultry, or any other type of animals, you also agree to the following (each of which shall be incorporated into these Seller Terms):
1. Listed Item(s) and Auctions. You also acknowledge and agree to the following:
  1. You agree to fully, completely, and accurately disclose all information relating to your Listed Item(s), including but not limited to title, weight, size, color, type, number, quality, storage, care, feeding, verification, certification, branding, condition, sex, soundness, safety, health, nutrition or nutritional value, behavior, personality, mental health, mental condition or soundness, physical appearance, ability, age, pedigree, authenticity of pedigrees, bloodlines, breed registration or qualification for breed registration, physical performance and ability, behavioral performance and willingness to perform, genetic performance, training, breeding ability and status, showing ability, racing ability, jumping ability, reining and cutting ability, dressage ability, ranching and herding ability, and fertility, and you shall be responsible for any inaccuracies, errors, or omissions.
2. Additional Representations and Warranties. You also represent and warrant that any Listed Item(s) placed by you:
  1. are in good mental and physical health and nutrition, and are free of all injury and illness, except as disclosed by you within the applicable listing;
  2. are mentally, physically, and behaviorally sound, except as disclosed by you within the applicable listing; and
  3. has the willingness and ability to perform, except as disclosed by you within the applicable listing.
Additional HiBid Terms and Conditions for the sale and purchase of real estate. The following additional HiBid Terms and Conditions for the sale and purchase of real estate apply to Sellers who use our Services to sell real estate on HiBid, including those users who place Listed Item(s) and conduct online auctions through https://www.HiBid.com. When you access and use our Services on HiBid to sell real estate, you also agree to the following (each of which shall be incorporated into these Seller Terms):
1. Listed Item(s) and Auctions. You also acknowledge and agree to the following:
  1. You agree to fully, completely, and accurately disclose all information relating to your Listed Item(s), including but not limited to title, condition, land use, zoning, encumbrances, covenants, restrictions, special assessments, liens, leases, repairs, fixtures, utilities and utility lines, boundaries, surveying, easements, water quality and rights, 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, boundaries, rights, and third-party interests that may exist on or pertain to or on Listed Item(s), and you shall be responsible for any inaccuracies, errors, or omissions.
2. Additional Representations and Warranties. You also represent and warrant that any Listed Item(s) placed by you:
  1. Are free from encumbrances, easements, assessments, special assessments, liens, leases, repairs, 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, and third-party interests except as disclosed by you within the applicable listing.

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