March 29th Spring Exchange (Archived #183917)

This is an agreement between you and MontanaCattleConneXion.com and its owners (hereinafter "MCC") that describes your rights to use the website and its services. In order to bid on and purchase livestock, you must read, agree with and accept all of the terms ("this Agreement"). You should read the entire Agreement because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. Cattle Slide explanation and obligations of the buyer and seller are below.

1. MontanaCattleConnexion.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.
2. MontanaCattleConnexion.com is a sale platform that allows users to bid, make offers and purchases of livestock online.
3. MontanaCattleConnexion.com provides the Services and the website so that Sellers may offer livestock for sale and Buyers may place offers to purchase offered livestock. MontanaCattleConnexion.com is an agent, representative, broker of Buyers & Sellers on the Auction Platform. No Buyer, Seller, Livestock Auctions, or Auctioneers is an agent, representative, broker, employee or partner of MontanaCattleConnexion.com. This Agreement shall not be interpreted or construed to create an association, agency, or partnership between the parties.
4. Montana Cattle Connexion is solely responsible for the approval of online bidders at that sale. MCC reserves the right to determine whether to accept bidders and bids based on whatever factors that MCC or Seller uses for such decisions.
5. You acknowledge and agree that by placing a bid on livestock, you represent and warrant that you shall not misrepresent your ability to close the transaction pursuant to the terms and conditions of sale, that you have the capacity to close the transaction, that you have actual authority to enter a bid.
6. All bids are between the Buyer and the MCC. When you commit to buy an item (bid), you enter into a legally binding, non-retractable contract to purchase with MontanaCattleConnexion.com and you are agreeing to be bound by the terms and conditions. Once your bid has been accepted, you are obligated to complete the transaction with the Livestock Auction in accordance with the terms and conditions of that consignment.
7. Auctioneer's and Livestock Auction's Discretion. There may be occasions when more than one bidder believes they are the winning bidder. The Auctioneer and/or the Livestock Auction have the right at his/her/their/its absolute and sole discretion to refuse any internet bid, to advance the bidding in such a manner as he/she/they/it may decide. In the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. The Auctioneer and/or Livestock Auction's determination shall be final.
8. Upon submitting the winning bid and winning a sale lot, Buyer owns the livestock if they are the highest bid and Buyer's bid has been accepted by auctioneer. The Buyer cannot thereafter reject the livestock.

Montana Cattle ConneXion offers the service of ONLINE CLASSIFIED ADVERTISING.

Users May not post a "For Sale by Owner/Classified ad" with the Auction method to sell. Your ad will be deleted immediately. If you'd like to sell using MCC's auction service please contact us.

Terms & Conditions of Classified & For Sale by Owner Ads. Hereinafter known as "classified ads."

• All new classified ads will be screened by the system administrator. If an ad does not to conform to below guidelines set by MontanaCattleConnexion.com, the ad may be edited, deleted or suspended at MCC's discretion without refund.
• MontanaCattleConneXion.com is NOT an agent, broker, or dealer in horses, dogs, truck, trailers, equipment or new or used saddles, tack, bits or spurs and does not receive any commission on classified ads.
• LOAD LOTS OF CATTLE MAY NOT BE LISTED FOR SALE IN THE CLASSIFIED ADS.
  • Listings may be deleted at any time

• RELEASE:

  MontanaCattleConneXion.com acts as a venue for listing horses and other items for sale. We are not involved in the actual transaction between buyers and sellers. Because we are not involved in the actual transaction between buyers and sellers, in the event you have a dispute with one or more users, you release MontanaCattleConneXion.com and its owners, agents, subsidiaries and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.

ALL GUARANTEES ARE BETWEEN BUYER AND SELLER.

• NO GUARANTEE:

  MontanaCattleConnexion.com does not guarantee the sale of any item posted on MontanaCattleConnexion.com. MontanaCattleConnexion.com does not guarantee the owner/seller's services, representations. MontanaCattleConnexion.com does not guarantee or warrant the performance of any person or entity advertising on its site. MontanaCattleConnexion.com does not control the content posted on the site and, as such, does not guarantee the accuracy, integrity or quality of such content.

  MontanaCattleConnexion.com does NOT have any sort of program to insure receipt of your purchases from third parties. We recommend that you place insurance and tracking on all items.

  Owners are responsible to proofread ads and confirm that correct photos are appearing on ads. Owners are responsible for early deletion of ads. Owners are responsible for marking items Sold.

  Service interruptions are possible. MontanaCattleConnexion.com cannot guarantee uninterrupted service due to circumstances beyond our control.

  NO ARCHIVE:

  Always PRINT and KEEP a copy of any ad used to buy or sell a horse on our site. WE DO NOT KEEP ANY KIND OF ARCHIVE OF DELETED OR EXPIRED ADS.

  RIGHT TO REFUSE SERVICE:

  We reserve the right to refuse service to anyone for any reason.

  EDITORIAL CHANGES - EDITING of ADS:

  All advertisement listings are subject to reasonable editorial changes or deletion.

  MontanaCattleConnexion.com reserves the right to edit ads at its discretion. MontanaCattleConnexion.com actively edits ads. We do this for a variety of reasons, to include but not be limited to; the correction of gross misspellings, improved search engine optimization, removal of inappropriate content, to better describe sales items, to shorten ad titles, to remove video links, to remove unnecessary symbols.

  DISALLOWED ADVERTISING:

  Slanderous, malicious, warning, or ANY KIND OF DEROGATORY ads are not permitted on MontanaCattleConnexion.com. Profanity and harassment are not allowed on MontanaCattleConnexion.com.

  Posting an ad here indicates full agreement with our Terms of Use.

  If you have a complaint about a seller on our system, please contact us with the details. If we suspect that a seller is participating in any sort of questionable or fraudulent activity via our site, engaging in any sort of false or misleading advertising, etc., we will disable that seller's account without notice at our own discretion.

  INAPPROPRIATE CONTENT:

  This site has no age restrictions and is intended for use by the general public. Any and all profanity, pornography and content of questionable intent, including racial slurs and propaganda, is a violation of the site use rules. The content will be immediately removed, and the violator will be prosecuted to the full extent of Montana law.

  SOLICITATION AND SCAMMING:

  Solicitation or spamming of other MontanaCattleConnexion.com users through our site or ads is not allowed. If you send any type of unsolicited email (spam) to other users of our site advertising your own services, your account will be disabled and your ads will be deleted, your email will be blocked from further ad responses, and you will be marked on our site as a spammer.

  If you see a slanderous or malicious ad on our site or receive unsolicited email (spam) from another user such as someone trying to sell you their own services via our ad response form, please report the scammer/spammer through your online ad responses.

  If you see a possible stolen or missing - livestock or equipment listed on our site for sale, please contact us and it will be removed as soon as possible.

  YOUR PRIVACY, ETC.:

  MontanaCattleConnexion.com is not responsible for photos lost or damaged in the mail. MontanaCattleConnexion.com is not responsible for typos or accidental errors appearing on advertisements. All fees paid are non-refundable. We reserve the right to delete ads for sold items without notice to seller.

  By using this service, all users, sellers, and buyers agree to the above terms entirely.

  Copyrighted Images, Proofs, Etc.

  MontanaCattleConnexion.com cannot be held responsible for violations created by its users and/or customers. These violations include, but are not limited to: copyright violation, trademark violations, trade names or patents, or other content which is in violation of any local, state or federal laws.

  Our customers are solely responsible for obtaining express permission from professional photographers, subjects, etc. to display images on our site. We will not accept any images labeled "PROOF" for use on our web site. If there is a visible photographer's signature or label on the face of a photo, we "WILL" remove this information from the digital image that we display. If we are informed of copyright violations created by our customers, we will remove disputed images from the site without refund or prior notice to the offender. MontanaCattleConnexion.com may, in appropriate circumstances and at its own discretion, disable and/or terminate the accounts of users who have infringed on the copyrights of others. If you are a photographer, please be sure to contact your customer directly about their inappropriate use of your photo.

WEB ADDRESSES

At this time we will allow website links in the ads. If you include a web address (url) in your ad you cannot use any verbiage that implies that you have anything else for sale.

EXAMPLE: You CAN NOT WRITE "Check out our other Horses at www.otherdomain.com"

Note: If you do we will edit your ad. If you do it a second time, your ad will be deleted and no refund will be given.

Disclaimer of Warranties.

YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE OR THAT AN UNACCEPTED OR LOSING INTERNET BID WON'T OCCUR. AUCTIONS CAN BE INTERRUPTED BY NUCLEAR ATTACKS, EMPS AND SOLAR FLARES.

1. Limitation of Liability. To the extent permitted by applicable law, MontanaCattleConnexion.com is not liable, and you agree to not hold MontanaCattleConnexion.com responsible, for any damages or losses resulting directly or indirectly from:
   1. your use of or your inability to use our website and/or Services, or the content materials and functions related thereto;
   2. delays or disruptions in our Services;
   3. glitches, bugs, errors, or inaccuracies of any kind in our Services; or
   4. the content, actions, or inactions of third parties, including items listed using our Services.
2. Termination of Use. MontanaCattleConnexion.com may, at its sole discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, may terminate or refuse to permit a person's (or entity's) continuing use of the Services and the Website for any reason without notice.
3. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
4. You may be able to access third-party websites or services via the Services, including but not limited to Seller's websites and catalogs, Livestock Auction websites and information, and Auctioneer websites and information. MontanaCattleConnexion.com is not responsible for third-party websites, services, or material available through those third-party services. You are solely responsible for your dealings with third-parties.
5. You are responsible for your user profile, ID and passwords. If you allow someone else access to use your user profile and ID and they use it to bid on livestock and are the highest bid accepted by the auctioneer, then you are responsible for completing the transaction and paying for the livestock. Therefore, it is highly recommended that you keep your user profile, ID and password secret and allow no one else to use it. If you are logged in with your user profile and ID and it is used to bid by you or someone else then you will be responsible for payment of those livestock where the auctioneer accepts such bid and such bid is the high bid.
6. Amendments and Changes to Agreement. At any time, MontanaCattleConnexion.com may change or amend any or all of these terms. Any changes or amendments will be reflected on the website. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Services. Otherwise, the new terms will apply to you.
7. No third-party beneficiaries. This Agreement is solely for your and MontanaCattleConnexion.com's benefit. It is not for the benefit of any other person or entity, except for MontanaCattleConnexion.com's owners, successors and assigns.
8. Severability. 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.