Terms and Conditions
DVAuction Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS WHEREBY DVAUCTION, INC. & WWW.DVAUCTION.COM OFFERS ACCESS TO OUR SERVICES
The following terms and conditions are applicable to all sales and purchases through our website(s). We may amend these terms and conditions at any time by posting the amended terms on our site. You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes. These terms may be revised at any time without notice. By using this website you are agreeing to be bound by the current version.
Eligibility to use our site.
Registering to view auctions on our site is free upon completing the required registration process unless otherwise stated within the terms of the sale. In order to bid on and purchase livestock/merchandise on our site, you must register for online bidding approval by submitting your application to bid. Upon approval, you will be allowed bidding privileges at the auction. Online bidding/buying privileges are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available for minors. If you do not qualify, please do not use our services. We may refuse our services to anyone at any time, at our sole discretion.
Any announcements at the time of auction or bidding will take precedence over material previously provided.
Transportation of livestock is the sole responsibility of the buyer. All shipping of any kind shall be at buyer's expense.
All livestock/consignments sold through DVAuction, Inc. are purchased subject to federal and state inspection.
Any extraordinary health certificates, tests, or documentation required for shipment shall be at buyer's expense.
THE FOLLOWING RULES ARE SPECIFICALLY APPLICABLE TO AUCTIONS:
Buyers: If you have the highest bid, you are obligated to complete the transaction. Bids are not retractable.
Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the bidder's own computer. The time lapse between submission of a bid and its registration by the website can vary by several seconds resulting in the possibility of your bid being taken at a higher price than you intended. Do not submit bids during a flurry of bidding activity. Wait until bidding activity has subdued before placing your bid.
High speed Internet access (ie: dsl, cable, T-1, wireless) is required to bid at live auctions. DO NOT BID if you do not have high speed Internet access. See the support page under internet connection requirements.
Bids are queued by the dvauction.com host computer in the order received. Bid positions are awarded on a first come, first serve basis.
In the event of malfunction by the dvauction.com host computer, it is the Auctioneer's sole discretion to continue or stop the sale during any internet outages, service disruptions or downtime.
If the malfunction has not affected the sale of lots sold prior to the malfunction, they will be considered sold. Bidding will be open with no bid positions awarded upon resumption of the auction.
It is the buyer's responsibility to ensure that their internet connection and computer are working properly. DVAuction Inc does not guarantee that online services will be uninterrupted. Any malfunction by the buyer's computer or Internet service provider is not the responsibility of DVAuction, Inc.
AUCTION RULES. (BUYERS)
Submission of a bid is a binding offer to purchase livestock, consignment or lot/draft.
A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.
Auctioneer shall be the sole judge in determining the winning bidder in the event of a tie bid.
It is solely the responsibility of the buyer to verify liens and guarantees.
We are both buyer and seller friendly. Satisfaction of both parties is our measure of success.
A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.
PAYMENT FOR LIVESTOCK/CONSIGNMENT OR LOT/DRAFT BY PURCHASER:
DVAUCTION, INC. IS A BROADCAST & LISTING AGENT ONLY AND DOES NOT ACT AS A LIVESTOCK DEALER, LIVESTOCK MARKET, CLERK, SALE MANAGEMENT OR SELLING AGENT AND IS NOT RESPONSIBLE FOR ANY FINANCIALS OR GUARANTEES. CONTRACT FOR THE SALE IS BETWEEN THE BUYER AND SELLER.
Purchaser may be required to wire the purchase amount to the Seller's bank. Purchasers may be required to provide the Seller with a valid credit card and agree to debit said card for purchase amount.
No Warranties. We provide our service "as is" and without any warranty or condition, express or implied. To the maximum extent permitted by applicable law, we specifically disclaim the implied warranties of title, merchantability and fitness for particular purposes. All warranties expressed or implied are between Buyer and Seller.
Limit of Liability. In no event shall we be liable for lost profits or any special, incidental or consequential damages however arising, including negligence, arising out of or in connection with a sale made through this website.
Angus Auctions Terms and Conditions
- Each Seller and Bidder must be age 18 or older, properly registered to sell or bid on items.
- DVA provides the Site so that Sellers may offer items for sale and Bidders may offer bids to purchase items. Although DVA has established the Site and DVA, Angus Productions, Inc, or any of their respective affiliates or representatives may assist in processing payments made by the winning Bidder and the applicable sales fee, neither DVA, Angus Productions, Inc, nor their affiliates or representatives are a party to any transactions conducted through use of the Site.
- DVA has no power to transfer title to the items offered through the Site.
- Each Seller must be legally able to sell the item(s) you list for sale and your auction listings may only include content relevant to the sale of your item. You assume full responsibility for the content of the listing and the item offered. Although DVA is not responsible for monitoring the items offered through the Site, DVA reserves the right to remove any auction item it deems illegal or inappropriate.
- Users acknowledge that items in an auction may be withdrawn or sold prior to or after the end of the designated auction period, that an auction may be discontinued, and that the auction may, in DVA’s sole discretion, be extended beyond the designated auction period, all without notice to users. Generally, offered items will be sold to the highest Bidder; although some items may be auctioned with minimum reserve prices, with a “buy now” option and/or subject to Seller’s rights of confirmation or conditions on acceptance.
- Each Bidder agrees that you have the capacity to purchase any item on which you bid, and that any bid you make constitutes an irrevocable offer to buy the item for the full amount of the bid.
- Each Seller agrees to accept the highest bid at the expiration of the auction and to accept all “buy now” offers, unless such bids or offers do not meet the minimum reserve price or the Seller has reserved the right to confirm or otherwise condition their acceptance using tools available through the Site.
- Seller and the winning Bidder are solely responsible for arranging for payment for and shipment of items.
- By listing an item for sale, each Seller agrees to pay a sales fee immediately upon completion of an auction with a successful Bidder or a purchase by a Bidder using the “buy now” function, and you authorize a charge to your account on file with the Site for such amount. The fee is non-refundable, even if the transaction is not completed or Seller is unable to collect payment from the Bidder.
- Neither DVA, Angus Productions, Inc. nor their affiliates or representatives have any responsibility for the quality, safety or legality of the items offered through the Site, for the accuracy of the information relating to a sale item, or for the ability or willingness of the Bidder to pay.
- Neither DVA, Angus Productions, Inc., nor their affiliates or representatives, shall be responsible for any liability whatsoever relating to your use of the Site, including, but not limited to, the loss, damage, injury, death, or illness of any item, person, or property before, during, or after the sale. Neither DVA, Angus Productions, Inc. nor their affiliates or representatives, shall have any liability in connection with any dispute between a Seller and Bidder. By using the Site you agree to release DVA, Angus Productions, Inc., and their affiliates and representatives from any and all losses, claims and damages arising out of or relating to your use of the Site.
- All forms of shill bidding (for instance, bidding on an item that you have listed for sale), bid manipulation and collusion between users are forbidden.
- These Sale Terms and Conditions are governed by the laws of the State of Missouri.
GENERAL TERMS AND CONDITIONS FOR USE OF WEBSITE
DVAuctions, INC. PROVIDES THIS WEBSITE AND THE RELATED TOOLS, INFORMATION, PRODUCTS, AND SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”):
This Agreement is between DVAuctions, Inc., you the user, and, if you are using the website on behalf of a company or organization, such company or organization shall also be considered a party to this Agreement.
Ownership of Site
All pages within this website (hereinafter the “Site”) and all tools, information, products and services (the “Services”) available on or through the Site (except for information contributed by users) are the property of DVAuctions, Inc. and/or its affiliates (collectively “DVA”) and its suppliers. You are hereby granted a nonexclusive, nontransferable, limited license to view, print, and distribute materials appearing on and/or generated by this Site for your internal informational and non-commercial purposes only, provided you do not remove or obscure the copyright notice or other proprietary notices provided on such materials. Except as expressly provided above, you may not copy, publish, display, distribute, modify, reverse engineer, disassemble, decompile, translate, adapt, create derivative works from, transfer or sell in any form or by any means, any part or portion of this Site including any tools, information, products or services available on or through this Site.
No Responsibility for Content
DVA, Angus Productions, Inc., and their affiliates and representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Services or other material on this Site. DVA, Angus Productinos, Inc., and their affiliates and representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
Modifications to the Site and to the General Terms and Conditions
DVA reserves the right at any time to modify or discontinue on a temporary or permanent basis the operation of this Site and/or any tools, information, products and/or services available on this Site with or without notice. Neither DVA, Angus Productions, Inc. nor their affiliates or representatives shall be liable to you or to any third party for any such modification, suspension, or discontinuance.
The DVA Internet Auction Sale Terms and Conditions are incorporated into, and subject to, these General Terms and Conditions.
DVA also reserves the right at any time to modify the General Terms and Conditions and any other applicable terms and conditions to your use of the Site. Please review this page and any other notices on the Site on a regular basis to identify any such modifications. Your continued use of the Site serves as your acknowledgement and agreement to observe the applicable General Terms and Conditions.
Use of Submissions
When you supply or communicate any material, information or content to the Site, you grant us the right to use, reproduce, modify, distribute, and display such material, information or content in connection with the Site and Services and to authorize others to do so.
Links to Other Websites
This Site may provide links to other websites. DVA and Angus Productions, Inc. have no control over the linked sites and are not responsible or liable for any content, advertising, information, links, products, services, or other materials available from such sites. DVA is providing these links only as a convenience to you. The inclusion of any such link does not imply any type of endorsement by DVA or Angus Productions, Inc. of the linked site, its operators, or any of the content, advertising, information, links, products, or services available on or through such sites. Neither DVA, Angus Productions, Inc, nor their affiliates or representatives shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, information, links, products, or services available on or through any such linked site.
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by any applicable law, rule, regulation or the applicable terms and conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site or otherwise expressly prohibited on the Site.
You may not without the prior written permission of the DVA use any computer code, data-mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy in bulk the data or content found on this site or accessed through this site.
Registration, Security and Use of Password
The Services and the Site are only available to persons with the legal capacity to enter into this Agreement. Certain areas of this Site and certain Services are accessible only to persons who have registered with the Site and selected a user name and password. Those users are solely responsible for maintaining control over the dissemination and use of the user name and password and for all transactions that occur using the user name and password. DVA may, at its sole discretion, refuse to accept a person’s (or entity’s) registration, and may, at any time after accepting registration, refuse to permit a person’s (or entity’s) continuing use of the Services and the Site for any reason. Neither DVA, Angus Productions, Inc, nor their affiliates or representatives will be responsible or liable for any unauthorized persons accessing secure areas within the Site or confidential information available on or through such areas via use of the user name and password.
DVA expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Site by any person or entity, at the sole discretion of DVA, for any reason and without notice.
Disclaimer and Limitation of Liability
DVA, ANGUS PRODUCTIONS, INC. AND THEIR AFFILIATES AND REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SUITABILITY, RELIABILITY, COMPLETENESS, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE TOOLS, INFORMATION, PRODUCTS, OR OTHER SERVICES AVAILABLE ON OR THROUGH THIS SITE FOR ANY PURPOSE. ALL SUCH TOOLS, INFORMATION, PRODUCTS AND OTHER SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DVA, ANGUS PRODUCTIONS, INC. AND THEIR AFFILIATES AND REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH REGARD TO USE OF THE SITE AND ANY TOOLS, INFORMATION, PRODUCTS, OR OTHER SERVICES AVAILABLE ON OR THROUGH THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ASSOCIATED WITH USING THE TOOLS, INFORMATION, PRODUCTS, AND OTHER SERVICES LIES WITH YOU.
IN NO EVENT SHALL DVA, ANGUS PRODUCTIONS, INC. OR THEIR AFFILIATES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES, LOSSES, CLAIMS, INJURIES, OR LIABILITIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR PERFORMANCE OF THE SITE, (2) THE DELAY OR INABILITY TO USE THE SITE IN WHOLE OR IN PART, (3) ANY RELIANCE BY YOU OR OTHERS ON THE TOOLS, INFORMATION, PRODUCTS OR OTHER SERVICES PROVIDED ON THE SITE, OR (4) TERMINATION OR MODIFICATION OF THE SITE OR THE GENERAL TERMS AND CONDITIONS HEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DVA, ANGUS PRODUCTIONS, INC. OR THEIR AFFILIATES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE GENERAL TERMS AND CONDITIONS OF USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
You agree to indemnify and hold DVA, Angus Productions, Inc., and their subsidiaries, affiliates, officers, representatives, agents, vendors or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and/or Services, your violation of the applicable General Terms and Conditions, or your violation of any laws or rights of another.
Unless otherwise agreed in writing, you acknowledge and agree that DVA and Angus Productions, Inc. are not responsible for the calculation of any taxes or the reporting or remittance of any taxes to any taxing authority, with the possible exception of sales taxes. You expressly agree and warrant that you shall comply with any and all applicable laws and regulations, including without limitation, those with respect to taxes. You agree to defend, indemnify, and hold harmless DVA, Angus Productions, Inc. and their affiliates and representatives from and against any and all damages, penalties, costs and expenses incurred by or imposed upon DVA, Angus Productions, Inc. or their affiliates and representatives resulting from any failure by you to comply with applicable tax laws.
Entire Agreement and Severability
The General Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of the General Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
This Agreement is entered into in the United States and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the United States and the State of Missouri, without giving effect to any principles of conflicts of law. Failure by DVA to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except as explicitly stated otherwise, legal notices shall be served __________________(in the case of DVA) and to the email address you provided during the registration process, as updated by you (in your case). Notice shall be deemed given three business days after mailing or 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provide during the registration process.
Infringement Claims/Copyright Agent
If you believe that any material contained on the website infringes your copyright or other intellectual property rights, you should notify DVA of your copyright infringement claim in accordance with the following procedure. DVA will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website’s Designated Agent who is:
DVA DMCA Copyright Agent
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Emails sent to ___________________ for purposes other than communication about copyright claims may not be acknowledged or responded to.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact DVA and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
IF THE GENERAL TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.