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USER AGREEMENT

1. Site and Services:

 

The TIREDIRONAUCTIONS.com web site (the "Site") and services offered herein are provided to you by Tired Iron, LLC ("Tired Iron") subject to the following Agreement ("Agreement") and any operating rules or policies that may be published from time to time by Tired Iron, including without limitation Tired Iron's Privacy Policy, which is incorporated into and made a part of this Agreement.

 

Before you subscribe to and/or begin participating in or using the Site, Tired Iron requires that you read and accept the following Agreement. Please carefully review this Agreement. By clicking on the button marked "Accept" you accept and agree to this agreement as applied to your use of the site. If you do not agree to this Agreement, you may not access or otherwise use the Site.

 

The terms "we", "us", and "Company" refers to Tired Iron, an Oklahoma limited liability company, and "you" refers to the User of the Site, to whom we provide our services.

 

2. Changes to this Agreement:

 

Tired Iron may, in its sole discretion, change, modify, add or remove any portion of this Agreement, in whole or in part, at any time, by posting a new Agreement to the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changed Agreement.

 

3. Site is Only a Venue:

 

The Site is only a venue for registered Site users (each a "User" and collectively "Users") to purchase wrecked, salvaged, and surplus commercial equipment (hereinafter referred to as "Equipment" "Posted Item" or "Unit(s)"). No statement in this Site is to be construed as furnishing advice or being a recommendation, solicitation or offer to buy or sell any Equipment. The purchase of Equipment on the Site involves risk, and Users should be experienced in the trade. Users will bid on and purchase used Equipment that will be provided with no guarantees of sale by TiredIronAuctions.com or any other seller listed on the Site ("Sellers"). Tired Iron is not involved in the actual transactions between Users and Sellers, and therefore has no control over the quality, safety or legality of the Equipment advertised, the truth or accuracy of the listings, the ability of Sellers to sell Equipment, or the ability of Users to buy Equipment. You and Tired Iron are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

4. Release/Indemnity:

 

Tired Iron does not own, have title to, or possess any Equipment. While the Tired Iron registration process is designed to reduce the chance that unqualified Users will participate in the Site, neither Tired Iron nor the Sellers can guarantee the identity of each User or the ability of any User to complete a purchase. There may be risks of dealing with foreign nationals, underage persons or people acting under false pretense. Because Tired Iron is not and cannot be involved in dealings between Users, in the event that you have a dispute with another User, you hereby release Tired Iron, its directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Further, all Users are responsible for any injuries of whatsoever nature caused to themselves or to third parties by virtue of the use, operation, or maintenance of any Equipment purchased using the Site and you hereby indemnify and hold Tired Iron and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement and/or your violation of any law or the rights of a third party. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Furthermore, Tired Iron cannot control the information provided by Users which is made available through the Site. Users may find Site information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site.

 

5. User Requirements/User Information:

 

Access to some areas and use of some functions of the Site may require you to be or become a registrant. When and if you become or apply to become a registrant, you agree to (a) provide Tired Iron with certain information including your contact information, your physical address, e-mail address, and certain proprietary financial information and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete.

 

As part of the registration process, you will be asked to select a password. You will be responsible for the confidentiality and use of your password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING BIDS AND PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

 

By entering into this Agreement, you authorize us to perform an investigation to determine your bidder qualifications. This investigation may include contacting third parties to verify information you have provided to us. In addition, we may provide any information you provide to us to Sellers using this Site. Sellers are also Users of the Site, and are limited by this Agreement. However, Sellers are limited in number and in their use of the Site and Tired Iron provides separate services to Sellers. You acknowledge that, if any information provided by you is inaccurate, not current, or incomplete, we reserve the right to terminate your use of this Site and related services. We also reserve the right to disapprove, suspend, or terminate your registration for any reason, at our sole discretion, and prohibit you from participating in the Site services

 

Users from outside of the United States of America must provide accreditation from either a governmental or financial institution stating the purpose of their business is purchasing and reselling wrecked, salvaged or surplus commercial equipment. Users of this Site must be the individuals or entities directly involved in the purchase and/or sale of the Equipment listed herein.

 

6. Modifications to Site:

 

Tired Iron reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including but not limited to content, features or hours of availability. Tired Iron may impose limits on certain features of the Site or restrict your access to part or all of the Site or the Site without notice or penalty.

 

7. User Registration:

 

The Site is available only to individuals and businesses that can form legally binding contracts under applicable law. Upon your acceptance of this Agreement, your completed Registration Form shall be submitted to Tired Iron. Tired Iron reserves the right to disapprove your registration or terminate your use of the Site for any reason at any time, in its sole discretion. Without limiting the foregoing, no one under the age of 18 may participate in the Site. Tired Iron will notify Users by e-mail when their Registration Form has been approved. Only registered Users may use the Site and the services provided therein.

 

8. User Information:

 

Tired Iron is free to market the Site to you using your user information provided. Providing false user information is a reason for immediate termination from the Site. You are responsible for making any applicable updates to your profile on the Site. If you need assistance making updates to the Site call technical support at 1-402-390-0505. By using the Site, you consent to an "Established Business Relationship" ("EBR") with Tired Iron, as that term is defined in the regulatory framework of the national "Do Not Call" and "Do Not Fax" legislation, and any subsequent legislation relating to electronic mail. See 47 U.S.C. § 227; 15 U.S.C. § 6101; 16 CFR Part 31, et seq.; 47 CFR 64.1200 et seq. These regulations may require your signature, and by signing this Agreement you agree to provide us with the signature of an authorized person allowing Tired Iron to send you facsimile messages and e-mail messages concerning the Equipment listed on the Site and survey contacts from Tired Iron or any of its affiliates.

 

9. E-mail Address, Login ID and Password:

 

You are solely responsible in all respects for all use of and for protecting the confidentiality of your email address, your login ID and your password. You may not share your login ID or your password with any third parties or use such ID or password for any unauthorized purposes. You agree to notify Tired Iron immediately of any unauthorized use of any login ID or password or any other breach of security regarding the Site and services offered therein. Failure to follow the rules outlined in this section could result in your immediate termination from the Site.

 

10. Advertising:

 

The Site may from time to time may feature third party advertisements and/or advertisement banners on pages viewed by users. The Site makes no warrant of the products or services offered by entities outside of the Site. The Site is not responsible for any damage; monetary or physical, that may occur due to the use of any products or services advertised or implied. The Site is not responsible for any damage to computer systems, hard drives or servers that could be caused by "clicking" though to outside websites.

11. User Conduct:

As a condition of your use of this Site, or using any of the information, data or images from the Site, you agree, warrant and represent to us that you will not use this Site or information, images or data on the Site, for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from this Site. You are solely responsible for the content of any Information you post through the Site. You warrant and agree that, while using the Site, you shall not upload, post, transmit, or distribute, or otherwise publish through the Site: any materials which: (i) are unlawful, threatening, harassing or profane; (ii) restrict or inhibit any other User from using and enjoying the Site; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact; or (v) constitute bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Site). You shall not engage in spamming or flooding. You also warrant and agree that you shall not (1) impersonate or misrepresent your affiliation with any other person or entity; (2) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes; or (3) attempt to gain unauthorized access to other computer systems through the Site.

12. Unauthorized Use:

 

You agree, by using the Site, that you will not use any robot, spider, scraper or any other automated means to access the Site without express written permission from Tired Iron. Additionally, you agree that you will not: (a) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large burden on our servers, programs, or human assets; (b) copy, reproduce, modify the Site, or create derivative works from the Site, or distribute or publicly display any content (except for such content that is owned by you) from the Site, without the prior express written permission of Tired Iron and of any third party owner of said content, as applicable; or (c) interfere or attempt to interfere with: the proper operation of the Site or any activities conducted on the Site.

 

13. Outage Policy:

 

TIREDIRONAUCTIONS.com occasionally experiences service failures termed "outages" during which bidders cannot place bids on Equipment or effectively locate items on the Site. In an effort to compensate for this inconvenience, Tired Iron offers the following in the event of a hard outage:

 

A hard outage occurs when you cannot bid or buy (specifically, View Item pages are inaccessible and/or bidding functionality is not available) as a result of unscheduled system downtime. A hard outage is an outage of any noticeable and verifiable amount of time, as determined by Tired Iron, in its sole discretion, at the physical location where TIREDIRONAUCTIONS.com is hosted. Due to certain conditions that exist on the Internet, Site Users in one region, time zone, or area may observe what appears to be a hard outage. These problems may be unrelated to a hard outage. Tired Iron does not distinguish between hard outages lasting for one hour and hard outages lasting a few minutes. The important issue with respect to such problems is whether an outage interferes with a service provided to our Users in a significant way.

 

Posted Items (Equipment listed or displayed on the Site) scheduled to terminate (end their listing/display) during a hard outage (or scheduled to terminate one hour after any outage) shall be de-listed and may be re-listed at a later date. De-listing is the termination of all bidding by removing the content describing or displaying Equipment from the Site. Posted Items not scheduled to terminate during a hard outage or one hour after any outage shall automatically be extended for 24 hours. When listings are extended following a hard outage of one or more hours, bidding on these listings may be impossible while the end times are being reset. After the listing end times have been reset, Tired Iron will update search and listing indexes. Until these index updates are completed, these listings will be unavailable via search or listings. This re-indexing can take a few hours. During an outage updates will be posted on the Announcement Board during an outage. Please check there for details about the outage and possible listing extensions. Tired Iron offers the Outage Policy as a courtesy. However, you may be satisfied with the bidding activity before the extended listing end time. If you are, you may end your listing at any time by visiting our End Your Listing page.

 

14. Technical Requirements:

 

The Site is built and configured on Microsoft Internet Explorer v5.0 (or higher), and Tired Iron will not guarantee performance of the Site to any User of the Site who is not using Microsoft Internet Explorer v5.0 (or higher) for an Internet browser. The quality of your viewing can be enhanced by ensuring your monitor is set at a minimum screen resolution of 800 x 600 pixels, displaying a minimum of 256 colors and it is also enhanced by a broadband network connection. This Site uses JavaScript, Temporary Cookies, Pop-up windows, Adobe Reader Files, and is designed for use with the latest version of Internet Explorer. If you currently use older versions of these browsers (including Internet Explorer 3.0 or earlier, Netscape Navigator 3.0 or earlier and AOL 3.0 or earlier), you may experience technical difficulties with the Site. We recommend downloading the latest version of Internet Explorer from Microsoft in order to fully experience our Site.

 

15. Buyer Conduct:

 

In addition to the other obligations set forth in this Agreement, if you use the Site to purchase a Posted Item, you agree to abide by the following:

 

(a) Qualification to Bid: You may only use the Site to buy a Posted Item qualified through a source approved in writing by Tired Iron. If you do not meet the Definition set forth in Paragraphs 5 & 7, you may contact Tired Iron and request pre-qualification under certain circumstances. In this event, you must pay for Equipment with certified funds, with a wire transfer, or through an ACH (automated clearinghouse) program.

(b) No Retractions; Firm Purchase Order: If you use the Site to offer to buy a Posted Item, you acknowledge and agree that if, as of the close of a sale, you have placed the highest offer to buy the Posted Item, you may not retract or rescind the offer. You further agree that bidding at the Site's auction is the legal equivalent of a firm purchase order. You further agree that, except as expressly set forth in the Listing Details of a particular Posted Item, all Equipment is sold "AS IS", "WHERE IS", with all faults.

 

(c) Inspections; Payment and Payment Schedule:

(i) Unless otherwise specified in the Unit listing, winning bidders will be expected to pay for their purchases upon receipt of a Unit. Invoice notifications will be sent via electronic mail no later than two hours following the close of the sale.

(ii) Unless otherwise noted, winning bidders will have no more than ten (10) business days following the end of the sale to dispute the condition of the vehicle.

 

(d) Where Description Inaccurate: All disputes related to inaccurate descriptions shall be governed by the Limited Warranty of Tired Iron. An explanation of this Warranty is set forth at the end of this document. Such disputes shall be known as "Condition Report Omissions" ("CROs").

 

(e) Buyer's Default: Winning bidders who fail to purchase Equipment for any reason other than for an inaccurate description of such Equipment shall be deemed to have engaged in a "Default" and shall not be permitted to bid on Equipment or to purchase Equipment on the Site as follows:

 

(i) In the sole discretion of Tired Iron, a single Default by a User will result in that User being prohibited from the Site. If the defaulting User provides Tired Iron with a letter of credit from a bank or other qualified lending institution, which letter expresses User's ability to pay, the User may, in the sole discretion of Tired Iron, be allowed to use the Site and the letter shall be used to determine User's bid limit.

(ii) In the sole discretion of Tired Iron, a second Default by a User will result in your access and privileges to the Site being permanently revoked. For a first or second Default, Your Winning Bid Deposit attributable to any transaction in which you shall have committed a Default shall not be refunded to you, and shall be retained by the Seller as liquidated damages.

16. Auction:

 

(a) Auction Period: The auction period ("Auction Period") shall be determined by Tired Iron. However, Tired Iron reserves the right to start or end an auction at any time. Titled and non-titled Equipment will be auctioned, and both reserved, absolute, and buy now formats are available for auctions at the election of Seller. In a reserved auction, the Seller sets a minimum price for the piece of Equipment or lot to be sold. If bidding does not reach this minimum price, Seller may withdraw such piece of Equipment or lot without accepting the highest bid. In an absolute auction, after Tired Iron calls for bids on a piece of Equipment or lot, that piece of Equipment or lot may not be withdrawn until the end of such auction, subject to the terms and conditions of this Agreement.

 

(b) Extended bidding process: From time to time sellers on the Site may elect to sell selected units on the site using a process that extends bidding 120 seconds (two minutes) from the time the last bid is cast. Extended Bidding will be in effect on the last 120 seconds of the bidding process of any designated unit. After subsequent bid, the time will be extended 120 seconds from the time of bid placement. If there is no bidding activity for 120 consecutive and complete seconds the unit will end and be awarded to the highest bidder if the reserve has been met. Sellers are under no obligation to use the extended bidding process. Bidding on units sold without utilization of the extended bidding process will end exactly at the specified end time.

 

(c) Minimum Opening Bids: Sellers agree to set the minimum opening bids for particular Equipment at prices designated for such Equipment by Tired Iron, if any. If a minimum opening bid is designated by Tired Iron, Tired Iron will clearly communicate this minimum opening bid to Seller prior to the end of the Auction Period. Sellers do have the option of creating an opening bid on unreserved auctions after the auction has opened. All auctions and bids shall be in United States dollars.

 

(d) Removal: Sellers may remove an item from the Site at any time, regardless of where the unit is in the bidding process. The seller may or may not explain it's actions. Neither Tired Iron nor the seller is responsible for any losses by bidders in conjunction with use of this Site.

 

(e) Winning Bids: Tired Iron is the one and only judge for the determination of winning bids, but Tired Iron shall not be liable for any errors or omissions relating to such determination, whether by Tired Iron or some other person.

 

(f) Last Chance Offer on Equipment Which Does Not Reach Reserve Price: In a reserved auction, Seller may choose to offer the Equipment to the highest bid if the reserve price is never met. In such a case, the new winning bidder is notified and will have the option of completing the sale at his highest bid price, which must be at or exceed the minimum bid, and such new winning bidder must respond within 1 business day after notification of being the new winning bidder.

 

(g) No Price Manipulation: Sale price manipulation of any kind, directly or indirectly, by Users is

prohibited, including, but not limited to, through a secondary account, agent or assign, by making offers for your own account and the Posted Items you have provided, by communicating with other Buyers and Sellers, or by shill bidding. Tired Iron reserves the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, are intended to manipulate the auction process, or are prohibited by applicable law.

 

(h) Buyer's Failure to Complete Sale: If for any reason a winning bidder fails to complete a sale, Seller may sell to the second highest bidder who met or exceeded the minimum opening bid, who will then be declared the new winning bidder and will be notified immediately by Tired Iron. The new winning bidder will have the option of completing the sale at his highest bid price, which must be at or exceed the minimum opening bid, and such new winning bidder must respond within 1 business day after notification of being the new winning bidder.

 

(i) Postponement and Cancellation: Tired Iron reserves the right to postpone or cancel any auction in its own discretion, without notice. Tired Iron will have no liability to prospective Buyers or Sellers as a result of any withdrawal, cancellation or postponement of any auction.

 

17. Freight; Taxes: Except as otherwise specified in the Listing Details, you acknowledge and agree that if a successful auction and sale has occurred, then Buyer is responsible for negotiating and handling shipping and all other costs related to transporting the Equipment from the "Free on Board" ("FOB") location. You acknowledge and agree that Tired Iron does not take any responsibility to calculate, report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any jurisdiction for transactions that arise in connection with your use of the Site. You further acknowledge and agree that you are solely responsible for the calculation, collection and remittance of any applicable taxes, which may be incurred or assessed, in connection with your use of the Site.

 

18. LIMITED WARRANTY AND DISCLAIMERS OF WARRANTY:

 

TIRED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE, ITS ASSOCIATED SERVICE, AND THE EQUIPMENT BEING AUCTIONED ON THE SITE.

 

Any EQUIPMENT purchased on THE SITE is sold AS IS, WHERE IS, WITH ALL FAULTS (WHETHER KNOWN OR UNKNOWN), AND FIT FOR NO PARTICULAR PURPOSE. Tired Iron makes no warranty as to the inspection report, actual value, condition, or usability of any Equipment sold on the Site and does not certify any of the Equipment for use in any state or country. Tired Iron is not responsible or liable for any safety issues which may arise from use of the Equipment

 

TIRED IRON MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY CONTENT ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. THE SITE AND ITS ASSOCIATED SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIRED IRON is not responsible for, and does not make any warranties, express or implied, related to connectivity failures unrelated to the server network maintained by TIRED IRON.

 

 

THE CONTENT PRESENTED ON THIS SITE, WHICH INCLUDES BUT IS NOT LIMITED TO THE INSPECTION REPORT, IS BELIEVED TO BE ACCURATE BUT ONE OR MORE DISCREPANCIES MAY EXIST BETWEEN A UNIT AS DESCRIBED AND DEPICTED ON THE SITE AND THE ACTUAL PHYSICAL UNIT. ANY SUCH DISCREPANCIES ARE BEYOND THE CONTROL OF TIRED IRON AND THE USER THEREFORE ASSUMES THE RISK OF SUCH A DISCREPANCY.

 

19. LIMITATION OF LIABILITY:

 

IN NO EVENT SHALL TIRED OR ANY SELLER BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER (BE THEY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF TIRED OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF TIRED IRON TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

 

20. Indemnification:

 

You shall indemnify, defend and hold Tired Iron, its officers, directors, employees and agents (each an "Indemnified Party" and collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by any Indemnified Party in connection with any allegations or claims arising out of, based upon or resulting from any breach or violation by you of this Agreement or any use by you of the Site or as a result of a dispute with another User. Tired Iron reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Tired Iron.

 

21. Termination:

 

This Agreement constitutes a binding agreement between you and Tired Iron which shall remain in effect until terminated by you or Tired Iron, which Tired Iron may do at any time, without notice, in Tired Iron's sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.

 

22. Choice of Law; Dispute Resolution:

 

This Agreement shall be governed by and in accordance with the laws of the State of Oklahoma, without regard to conflicts of laws provisions. Any controversy involving Tired Iron arising from or in any way related to this Agreement or your use of the Site shall be heard in the appropriate State or Federal court in Tulsa Country, Oklahoma, and you irrevocably consent to the jurisdiction of such courts.

 

23. Notices And Disclosures:

 

Except as explicitly stated otherwise, any notices shall be given by e-mail to, in the case of Tired Iron, SUPPORT@TIREDIRONAUCTIONS.com or, in the case of a User to either: (a) the e-mail address you provide to Tired Iron during the registration process, (b) the mailing address provided to Tired Iron during the registration process, or (c) such other address as you may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid or, in the case of mailing, 3 days after the date of mailing.

 

24. General Provisions:

 

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

 

The failure by either you or Tired Iron to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

The Agreement comprises the entire agreement between you and Tired Iron and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.

 

The descriptive headings of the several Sections of this Agreement are inserted for convenience only and do not constitute a part of this Agreement.

 

Use of this Site constitutes complete acceptance of this user agreement.

 

QUESTIONS

 

Email: support@tiredironauctions.com

Phone: 402-390-0505

 

Technical Support: 402-390-0505

Hours of Operation: 8:30am Central Time to 5:00pm Central Time

 

 

 

 

PRIVACY POLICY

 

Effective: 09/09/2011

 

Tired Iron, LLC, is committed to protecting your privacy. This privacy policy is designed to answer your questions about the information that we collect and you might provide during your visit to our Web site. Please be aware that the privacy policy applies to the Web site but does not apply to information that we might collect through other non-electronic means.

 

What types of information do we collect?

 

We collect two types of information: (1) Web site use information that is collected using cookies and Web server logs and (2) personally identifiable information that you choose to provide. Because we treat these two types of information differently, you can browse our Web site without telling us who you are or revealing any personal information about yourself.

 

What is web site use information and how is it used?

 

Our Web site uses "cookies" and Web server logs to collect information about how our Web site is used. Information collected through cookies and Web server logs may include the name of your Internet service provider, the browser you are using and any available plug-ins, the type of computer or electronic device you are using to access our Web site, the Internet Protocol (IP) address associated with that device, the Web site that referred you to us, the pages you request, and the date and time of those page requests. We use this information to administer the Web site, to generate statistics and measure the use of our Web site, and to improve the content of our Web site.

 

What is personally identifiable information?

 

"Personally identifiable information" or "personal information" is information that specifically identifies you as an individual. This type of information includes your name, postal address, e-mail address, and telephone number. Whenever any other information is directly associated with this personally identifiable information, we treat this other information as personally identifiable information. For example, personally identifiable information does not include a screen name provided by you unless we request that you use an e-mail address as the screen name.

 

How is personally identifiable information used?

 

We use personal information to provide you with information or services that you have requested. We do not share nor sell this information with others.

 

What security measures have you taken to safeguard personally identifiable information?

 

We have implemented technical, administrative, and physical security measures to protect your personal information from unauthorized access and improper use. Please understand, however, that despite our best efforts, no security measures are perfect or impenetrable.

 

How do I get off of your mailing list?

 

If you have provided us with personal information but no longer wish to receive future correspondence from us, you may notify us at any time by sending an e-mail to support@tiredironauctions.com.

 

What about my privacy when I visit links to other Web sites?

 

This Web site may contain links to other sites. The privacy policies of those other sites may differ from our privacy policy and we do not accept responsibility for the privacy policies of those other sites. Please remember that when you use a link to go from our Web site to another Web site, our privacy policy is no longer in effect. Please read over that other Web site's privacy policy before proceeding.

 

Who can answer my questions about this privacy policy?

 

If you have questions or wish to send us comments about this privacy policy, please send an e-mail with your questions or comments to info@tiredironauctions.com or write us:

 

Tired Iron Auctions

417 West 7th Street Suite 102

Tulsa, Ok 74119

 

Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.

 

How will you know if we amend this Privacy Policy?

 

We reserve the right to change our online privacy policy at any time without notice. Any such amendment will be effective 30 calendar days following either our sending an e-mail notice to you OR our posting of the notice of changes on the Web site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address.