TERMS AND CONDITIONS
FOR
LIVESTOCK MARKETING ASSOCIATION’S LMAAUCTIONS.COM WEBSITE
Welcome to Livestock Marketing Association’s LMAAuctions.com user agreement. In order to be able to use our website to view, bid on and purchase livestock, hay, machinery and other items you must read, agree with and accept all of the terms and conditions contained in this user agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you may not bid or purchase at this website.
Livestock Marketing Association and LMAAuctions.com reserves the right to amend this user agreement from time to time by posting notice of the amended terms for a period of at least 15 days before such amendments become effective. This agreement may not be otherwise amended except in a writing signed by you or Livestock Marketing Association and LMAAuctions.com. This agreement shall be effective upon acceptance in registration for new registering users and is otherwise effective on January 1, 2007, for all users.
Livestock Marketing Association and LMAAuctions.com’s services at this website are available only to, and may be used only by, persons who are able to enter into legally binding contracts. If you are an individual, you must be at least 18 years of age. If you are registering as a business, you represent that you have the authority to bind that entity to this agreement.
In order to use this website, you must complete a user registration form and indicate your acceptance of the terms and conditions of this user agreement by clicking on the icon below. Your user registration grants you access to view and listen to all sales within the LMAAuctions.com system. However, LMAAuctions.com is not acting as a selling livestock market and is not responsible for any financial elements of any sale; LMAAuctions.com is acting solely as a broadcasting service. Buyer registrations are market specific.
When you create a viewer account with LMAAuctions.com or log in to view a sale, you will automatically be subscribing to receive email schedules of upcoming auctions. In addition, when you view or place a bid with a market, that market may also email their market reports or consignment lists to you. You may unsubscribe to any of these emails at any time by replying to the sender of those emails.
To place an online bid you must complete a buyer registration form with each market that you are interested in bidding with.
By making a bid, you are making a non-retractable contract with the selling market and you are agreeing to be bound by the terms and conditions set forth in that consignment. Once your bid has been accepted, you are obligated to complete the transaction with the selling market in accordance with the terms and conditions of that consignment.
If a dispute arises as to any bid, the selling market shall determine the dispute and its decision shall be final.
By using this website, you agree not to interfere or attempt to interfere with the proper working of the site or any activities conducted on the site. By using this website, you are agreeing to indemnify Livestock Marketing Association and LMAAuctions.com and hold them harmless from any and all claims, causes of action, costs or expenses (including reasonable attorney’s fees and court costs) arising out of, or related to, your breach of this Agreement or use of this website.
Without limiting other remedies that may be available to it, Livestock Marketing Association and LMAAuctions.com may limit your activity or refuse to provide services to you if (a) you breach this agreement or (b) you do anything to interfere with or attempt to interfere with the proper working of LMAAuctions.com or any activities conducted on the site or (c) Livestock Marketing Association and LMAAuctions.com has reasonable grounds to believe that your actions or omissions may result in the violation of a federal or state law or regulation, or may cause financial loss or legal liability for you, our other users, or us.
Each livestock market is solely responsible for the approval of online bidders at that market. Each livestock market reserves the right to determine whether to accept bids based on whatever factors that market uses for such decisions including, but not limited to, the market’s previous experience with the prospective bidder, with information contained in the prospective bidder’s registration form, with information regarding the prospective bidder’s financial condition and with information from governmental entities.
LIVESTOCK MARKETING ASSOCIATION AND LMAAUTIONS.COM ARE ACTING SOLELY AS A BROADCASTING SERVICE. LIVESTOCK MARKETING ASSOCIATION AND LMAAUCTIONS.COM MAKE NO WARRANTIES AS TO ANY GOODS CONSIGNED FOR SALE ON THIS WEBSITE. ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.
Marketing Association and LMAAuctions.com does not guarantee continuous, uninterrupted or secure access to its website and operation of the site may be interfered with by numerous factors outside Livestock Marketing Association and LMAAuctions.com’s control.
LIVESTOCK MARKETING ASSOCIATION AND LMAAUCTIONS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND THAT ARISE OUT OF OR IN CONNECTION WITH THIS WEBSITE, OR THE SERVICES PROVIDED BY LIVESTOCK MARKETING ASSOCIATION AND LMAAUCTIONS.COM AT THIS WEBSITE, OR THIS AGREEMENT.
This Agreement shall be governed by the laws of the State of Missouri as if the Agreement had been entered into and was to be performed entirely within Missouri by Missouri residents. Any claim or controversy arising out of or related to this Agreement in which Livestock Marketing Association and LMAAuctions.com is named as a party shall be adjudicated by a court of competent jurisdiction in Platte County, Missouri, and all persons, by using the services of Livestock Marketing Association and LMAAuctions.com provided by this website agree to submit to the personal jurisdiction of the courts located in Platte County, Missouri.
If any provision of this agreement is deemed to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be interpreted in such a way as to carry out the intent of the parties to the greatest extent possible.
