Auctions

'Trusted Auction Professionals in Iowa'

Terms of Use
For
AuctionTime, Equipmentfacts, LivestockMarket, and EquineMarket

These Terms of Use (these "Terms"), together with our Privacy Policy, govern your access to and use of https://www.auctiontime.com ("AuctionTime"), https://www.equipmentfacts.com ("Equipmentfacts"), https://www.livestockmarket.com ("LivestockMarket"), and https://www.equinemarket.com ("EquineMarket") (collectively our "Sites"), including all auction-related technology solutions, software and advertising services we now offer or may offer in the future through the Sites (our "Services"). Our Sites and Services are provided by Sandhills Global, Inc., a Nebraska corporation with a registered address of 120 W. Harvest Drive, Lincoln, Nebraska, 68521, USA ("Sandhills," "we," "our," or "us"). "(Y)ou", "your" and "user" refers to the user accessing and using our Sites and Services, and may refer to an individual or an entity. These Terms also contain specific provisions applicable to you if you choose to participate in an auction using our Site or Services as a bidder ("Bidder") (see Section 22) and/or if you choose to conduct and/or advertise an auction using our Site or Services ("Auctioneer/Dealer") (see section 23).

THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND SANDHILLS. PLEASE READ THEM CAREFULLY. BY ACCESSING AND USING OUR SITES AND SERVICES, WHETHER AS A VISITOR, BIDDER OR AUCTIONEER/DEALER, YOU CONFIRM YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

1. Services Generally.

We provide auction-related technology solutions, software and advertising services, but we provide no auctioneering services. We are not an auctioneer, nor are we an auction house nor an online auction firm. Auctioneers/Dealers using our Site or Services are solely responsible for (a) conducting and controlling their own auctions, (b) the terms and conditions applicable to their auctions ("Auctioneer/Dealer Posted Terms"), (c) any items that they list for auction on our Site or Services ("Listed Items"), (d) any marketing or advertisement of their auctions and/or Listed Items on our Sites and Services, (e) any and all customer service in connection with their auctions and Listed Items, (f) the accuracy of the content of the listing, including the listing content created that may make use of generative artificial intelligence tools, and (g) identifying and obtaining any and all applicable auctioneer or auctioneering-related licenses required for the Auctioneer/Dealer to conduct and/or advertise their particular auctions using the Sites and Services in accordance with all applicable laws, rules and regulation. Auctioneers/Dealers independently control their auctions, including, without limitation, listing products for auction, setting bidding terms, managing bidder eligibility, and arranging payment(s) and/or processing payments (as applicable) with winning Bidders. Auctioneers/Dealers also control advertisements for their auctions and Listed Items on the Sites and Services and pay for such advertisements whether or not any transaction(s) are completed with Bidders for the Listed Item(s). Any transactions that may occur between Auctioneers/Dealers and Bidders regarding Listed Item(s) are facilitated directly between those users outside of our Sites and Services. Bidders must communicate directly with the Auctioneer/Dealer conducting the auction to complete any post-auction transaction(s). We are not a party to any transaction that may occur between users, and we do not enforce Auctioneer/Dealer Posted Terms or any other contractual terms between Auctioneer/Dealers and Bidders. We do not auction nor do we buy or sell any Listed Items. We do not collect any commission based on the sale of any Listed Item(s). We do not take possession of, or collect, handle, remit, or process any payments, money, checkoff fees, receivables or proceeds between users of our Sites and Services, nor do we collect or remit any taxes in connection with any transactions that may occur between users, including, without limitation, any transactions for Listed Items. We do not set prices for any Listed Items and we do not place orders for or on behalf of Auctioneers/Dealers or Bidders. We do not take any Listed Items on consignment, and we are not a party to any consignment arrangement that may occur between users. We do not inspect or take possession of any Listed Items. We do not represent any users of our Sites or Services. Any users who choose to conduct or participate in auctions using our Sites and Services are acting on their own behalf and are responsible for any actions they take with respect to any auctions or post-auction transactions they may enter into.

We may, in our sole discretion, provide limited technical support to users concerning user account registration(s) and/or the functionality of our Sites and Services. However, we do not provide customer service for or on behalf of any Auctioneers/Dealers or for any auctions or Listed Items on our Sites and Services. Any issues or questions concerning auctions, Listed Items or related transactions must be communicated and addressed directly between the Auctioneer/Dealer and the Bidder. All users of our Sites and Services (whether acting as a visitor, Bidder, or Auctioneer/Dealer) understand and agree that they are individually responsible for resolving any disputes with other users, including, without limitation, any disputes related to an auction, Listed Item(s) or related transaction, directly with the other user(s). We may, however, in our sole discretion, monitor or inquire about disputes or issues between users in order to protect our Sites and Services and address potential non-compliance of these Terms by a user.

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 any Auctioneer/Dealer, Bidder, or user of our Sites or Services. We do not produce, manufacture, handle, hold, ship, feed, maintain, store, process, distribute, transport, deliver, or take possession of any Listed Item(s) at any time. 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 Auctioneers/Dealers or Bidders or any user of our Site or Services.

2. Access and Use.

While we use reasonable efforts to provide our Sites and Services to you for so long as you are compliant with these Terms, we do not guarantee that they will be secure, or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access or use our Sites and Services. You should use your own virus protection software.

You may use our Sites and Services only if you can form a binding contract with us, in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of our Sites or Services by anyone under the age of majority in his/her state of residence is strictly prohibited. Any use of our Sites or Services to contact or solicit other users for the purpose of marketing, or promoting any products or services, other than Listed Item(s), or to otherwise harass other users, is strictly prohibited. Our Sites and Services are not available to any users or visitors we have previously removed or suspended or blocked from our Sites and/or Services. We may suspend or terminate or block your access to our Sites and/or Services at any time, for any reason (such as your breach of these Terms, to protect the integrity of our Site and Services, our belief that it is necessary to protect the safety or property of others, to prevent fraud or for risk assessment purposes) or for no reason. We reserve the right to limit your use of our Sites or Services or terminate or block your account immediately, without notice or refund of any amounts that you may have paid to us.

3. Registration and Bidder and Auctioneer/Dealer Accounts.

If you use our Services as a Bidder or as an Auctioneer/Dealer you must be registered with us and you will be assigned to a user account. By registering with us and/or using, accessing, or visiting our Sites and Services as a visitor, Bidder or Auctioneer/Dealer, you represent and warrant that you (a) will abide by all of the terms set forth herein; (b) will not register for more than one account; (c) will not provide false, deceptive, fraudulent, fictitious, or misleading information about yourself or the Listed Item(s), if any, that you list for auction; (d) will not create any username or post any information on our Sites or Services that is offensive, rude, disparaging, intended to deceive or delude other users/visitors, threatening, abusive, harassing, hateful, defamatory, pornographic, political, racist, or otherwise unlawful or offensive, or that does not generally pertain to the designated topic or theme; (e) will maintain the security of any user identification code and/or password associated with your account, notify us immediately if you suspect that such security has been breached, and accept all risks of authorized and unauthorized access to your account and the information you provide to us; (f) will not violate the intellectual property or privacy rights of any third party; (g) will not use our Sites or Services to solicit or contact other users for the purpose of marketing or promoting any product or services, other than Listed Item(s); (h) will not use our Sites or Services to harass other users of our Sites or Services; (i) agree and consent that all communications and phone calls that Sandhills receives, processes or forwards from, to, or between you and other users through our telecommunications system, our Sites or our Services may be recorded, transcribed, summarized, analyzed, monitored, and/or stored by Sandhills through any method or technology, including artificial intelligence tools ("AI"), for quality assurance; for providing marketing/sales leads to us, our affiliates, or third-party businesses; for providing Services to you; and compliance with these Terms, and (j) agree and assume full responsibility for the Listed Item(s) offered and the accuracy of the content of the listing, including the listing content created that may make use of generative artificial intelligence tools.

If you register or use our Services on behalf of a third party (such as another person or legal entity), then you represent and warrant that you are an authorized representative of that person or entity with the authority to bind such person or entity to these Terms, and you agree to these Terms on behalf of that person or entity.

Accounts are non-transferable. Only you may use your user account. You are liable for all activities that are undertaken using your user account. We may verify your registration and account by collecting contact information (including, but not limited to, legal company name, street address, and employer identification number) and banking information from you, directly calling you to confirm the accuracy of your account information, and taking whatever additional steps, we deem necessary.

Your account provides you access to participate in auctions conducted by an Auctioneer/Dealer or list Listed Item(s) through our Services. It also gives you access to additional services and functionality we may establish and maintain from time to time, in our sole discretion, including, but not limited to the ability:

for Bidders to create and add items to their own watchlist;
for Bidders to receive or access information or content regarding our Site and Services, as well as other third-party and affiliate products and services;
for Auctioneers/Dealers to view post-auction information for their auctions; and
for Bidders and Auctioneers/Dealers to receive email updates and other occasional news from our Sites.

4. Intellectual Property Rights.

We are the owner or the licensee of all intellectual property rights to and in our Sites and Services, and in the content published on them. Those rights are protected by copyright, trademark and other applicable laws, as well as by international laws and treaties around the world. You will not use, copy or otherwise take any action with respect to our Sites and Services or such content except as expressly permitted by these Terms. You will, likewise, respect the intellectual property rights of others in exercising the rights granted to you hereunder.

5. Acceptable Usage.

You may access and use our Sites and Services to list Listed Item(s) for auction, conduct or participate in auctions and view Listed Item(s) for your potential bidding. If you copy, redistribute or resell any of our Services or any content made available to you through our Sites or our Services, or if you use our Sites or Services to solicit or contact other users for the purpose of marketing or promoting any product or services, other than Listed Item(s), your access to and use of our Sites and Services will cease immediately, and you must take down or destroy any content you have obtained in violation of these Terms. Furthermore, if you use our Sites or Services to harass other users of our Sites or Services, as determined in our sole discretion, your access and use of our Sites and Services shall cease immediately. We reserve the right to take appropriate actions to prohibit your use of our Sites and Services and forward any information about your prohibited use to the relevant authorities.

6. Prohibited Uses.

As part of our Sites and Services, we may provide access to data, information, and content relating to Listed Item(s) available for auction, including without limitation current and historical Listed Item(s) and related information, materials, and content, and Auctioneer/Dealer and Bidder phone numbers and contact information (our "Auction Information"). You must not:

modify or alter any Auction Information, content, materials or portions of our Sites or Services in any way;
use any Auction Information, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, or any text separately from any accompanying illustrations, photographs, video or audio sequences or any graphics;
remove any indications of ownership from any Auction Information or content which came from our Sites or Services, or claim it as your own or as that of any other entity or individual;
use any part of our Sites, Services, Auction Information, or content on our Sites or Services for any purpose not expressly provided for in Section 5 without obtaining a license to do so from us or our licensors;
access, or attempt to access, parts of our Sites or Services that are not intended for public use (including but not limited to website administration areas);
modify, adapt or reverse engineer any aspect of our Sites, Services or Auction Information;
conduct any web scraping, web harvesting, web data extraction, or any other data scraping of Auction Information or our Sites or Services;
use any robot, spider, scraper, data mining tool, data gathering tools, data extraction tools, or any other automated means to access our Sites or Services, or collect, copy or record our Auction Information or content off our Sites or Services;
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, download, distribute, transmit, reuse, report, reproduce, modify, use, create derivative works from, or publicly display any Auction Information or content of our Sites or Services, including the text, images, audio, and video, for public or commercial purposes, including generating any reports or aggregating any data or content;
extract reports from our Auction Information, Sites, or Services other than records relating to your auction or bid history;
take photos, screenshots or other images of our Auction Information, Sites or Services or any content therein;
use our Auction Information or our Sites or Services in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage, or to solicit or contact other users for the purpose of marketing or promoting any product or services, other than Listed Item(s);
use our Auction Information or our Services for benchmarking or competitive analysis of our Services;
identify us or display any portion of our Auction Information, Sites or Services on any site or service that disparages us or our Sites or Services, or infringes any of our intellectual property or other rights;
bypass any measures we may use to prevent or restrict access to our Services, including our robot exclusion headers;
attempt to disrupt or interfere with the Auction Information or our Sites or Services in any way or with another user's/visitor's use of our Sites or Services, or use the Auction Information or our Sites or Services as a means of disrupting or interfering with other websites or networks;
probe, scan or test for vulnerabilities of our Sites, Services, other websites, or any networks connected to them;
willfully corrupt any Auction Information, data, documents or content available through our Sites or Services;
knowingly or recklessly transmit or distribute a virus into our network and computer systems;
use our Auction Information or our Sites or Services to harass other users of our Sites or Services;
use our Auction Information or our Sites or Services in a manner that suggests an unauthorized association with any of our Sites, Services, or brands;
use our Auction Information or our Sites or Services to send any prohibited e-mails, messages, phone calls, or broadcasts (i.e., spam, junk mail, etc.); or
assist, encourage or permit any other person to do any of the acts described above.

7. Breach of Usage.

All the prohibited uses set forth in Section 6 above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, Trojan horses, viruses, unauthorized, malicious or harmful code or other harmful software. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

8. Uploading or Posting Content to Our Sites or Services.

We will collect data, content and information that you, as a visitor, Auctioneer/Dealer or Bidder, provide us or that is collected by us as you use the Sites or Services ("User Content"). You hereby grant to Sandhills, and represent and warrant that you have all rights and consents necessary to grant to Sandhills, a worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, royalty-free license and all necessary permissions and/or consents required (with full right to sub-license) to use, host, store, aggregate, anonymize, reproduce, exploit, modify, edit, adapt, redistribute, import, access, review, copy, share, disclose, generate analytics and outputs from, generate reports from, preserve, extract, publish, transmit, publicly display, publicly perform, communicate, exhibit, summarize, process, translate, transcribe, distribute, participate in the transfer of, create or prepare derivative works from, make available to third-parties (for their own use, storage, reproduction, distribution and right to make available to third-parties), and alter all your User Content in any manner, mode of delivery, or media now known or developed in the future for any reason or purpose, including but not limited to, our Site and Services product and service development, marketing, analytics, quality assurance, fraud prevention, machine learning, artificial intelligence, training, testing, and improvement or any combination thereof. We are not responsible for any loss or damage to your User Content while it is in our possession, and you should separately maintain copies of the User Content you provide to us. We have the right to disclose your identity to any third party who is claiming that any content submitted or uploaded by you to our Sites or Services constitutes a violation of their intellectual property rights, or of their right to privacy. At any time, we have the right to remove any User Content you submit to our Sites or Services if, in our opinion, your post and/or User Content does not comply with these Terms.

WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OF YOUR USER CONTENT.

9. Suggestions and Submissions.

We appreciate and welcome your comments and feedback regarding our Sites and Services. If you send us comments, questions, suggestions, or ideas relating to our Sites and Services, you agree that such content is not given in confidence, that we are not obliged to keep such content secret, and that we are not obliged to respond. For more information on how we use such content please see our Privacy Policy and Cookies Policy. Please be advised that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we shall (i) own, exclusively, all known or later discovered rights to the Creative Ideas and any creations, inventions, or derivative works resulting from the Creative Ideas; (ii) not be subject to any obligations of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and (iii) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

10. Compliance With Laws.

You are responsible for, and agree to abide by, all local, state, federal and international laws, rules and regulations applicable to your use of our Sites and Services, and any other tools, services or products offered on our Sites and Services and any transaction you may enter into with other users in connection with using our Sites or Services.

Any users located outside the United States must comply with laws, regulations, rules and regulatory orders of the United States, including the Foreign Corrupt Practices Act and the U.S. Export Control Act, in addition to applicable local laws. You may not use our Sites and Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government or under similar laws or regulations applicable in other jurisdictions. You are solely responsible for compliance with any and all applicable laws, rules and regulations relating to export and import requirements or restrictions.

Listed Items may be subject to EXPORT, RE-EXPORT, AND IMPORT CONTROL LAWS AND REGULATIONS, PROHIBITIONS, RESTRICTIONS OR COSTS. You are solely responsible for identifying and complying with any applicable export/re-export/import laws, rules, regulations, licensing, and/or Customs requirements associated with Listed Items and any transaction you may enter into with other users. If a Listed Item is seized or destroyed by any governmental Customs agency or returned, we will not be responsible for the losses, the Listed Item or shipping refunds.

LIVESTOCK, POULTRY, AND OTHER ANIMALS LISTED AS LISTED ITEMS MAY BE SUBJECT TO 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 VACCINATION REQUIREMENTS/LAWS APPLICABLE TO THE AUCTIONING AND ANY SUBSEQUENT BUYING AND SELLING, ADVERTISING, LABELING, HEALTH, SAFETY, CARE, PRODUCTION, FEEDING, WATERING, HANDLING, HOLDING, TRANSPORT, SHIPPING, DELIVERY, RECEIPT AND IMPORT/EXPORT OF LIVESTOCK, POULTRY, AND 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. You are solely responsible for identifying and complying with any and all such local, state, federal, and international laws, statutes, ordinances, rules, regulations, and requirements applicable to the auctioning and any subsequent buying and selling of, livestock, poultry, or any other animals, and the advertising, labeling, health, safety, care, production, feeding, watering, handling, holding, transport, shipping, delivery, receipt, and import/export of livestock, poultry, or any other animals. You are solely responsible for any transaction that you may enter into with other users involving livestock, poultry, or any other animals. We will not be responsible for the health, care, feeding, watering, handling, holding, transport, shipping, delivery, receipt, import/export, loss, or injury of livestock, poultry, or any other animals. If a Listed Item is seized or destroyed by any governmental agency or returned, we will not be responsible for the losses, the Listed Item or shipping refunds.

REAL ESTATE LISTED AS LISTED ITEMS MAY BE SUBJECT TO LOCAL, STATE, FEDERAL, AND INTERNATIONAL 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 REQUIREMENTS/LAWS, DEVELOPMENT AND SUBDEVELOPMENT REQUIREMENTS/LAWS, PROTECTIVE AND RESTRICTIVE COVENANT REQUIREMENTS/LAWS, EASEMENT REQUIREMENTS/LAWS, AND PROPERTY TAX AND SPECIAL ASSESSMENT REQUIREMENTS/LAWS APPLICABLE TO THE AUCTIONING AND ANY SUBSEQUENT BUYING AND SELLING, TRANSFERRING, LEASING, ADVERTISING, USE, DEVELOPMENT AND SUBDIVISION, AND FINANCING OF, REAL ESTATE. You are solely responsible for identifying and complying with any and all such local, state, federal, and international laws, statutes, ordinances, rules, regulations, and requirements applicable to the auction and any subsequent buying and selling, transferring, leasing, advertising, use, development and subdivision, and financing of real estate. You are solely responsible for any transaction that you may enter into with other users involving real estate. We will not be responsible for the condition, environmental condition, environmental clean-up or remediation, environmental testing, hazardous or toxic materials, pollutants, contaminants, waste, asbestos, petroleum products, lead paint, erosion, repairs, damage, wood destroying insects or other insects, inspection, special assessments and liens, soil testing and quality, water rights, water quality, fixtures, appraisal, surveying, property taxes and assessments, title insurance, easements, permits, leases, utilities and utility lines, property site grade, flooding and floodplain, endangered species, wetlands, zoning, and good and marketable title concerning a parcel of real estate listed on our Sites and we will not be responsible for any other aspect of any parcel of real estate listed on our Sites, any real estate transaction between Auctioneer/Dealer, Bidder, visitor or user of our Sites or Services.

11. Taxes.

Sandhills is not responsible for any taxes that may arise as a result of transactions between users of its Sites and Services. Sandhills does not hold itself out as a marketplace facilitator and its activities do not satisfy the requirements to be considered a marketplace facilitator for tax purposes and, as such, is not responsible for the collection, reporting, remittance, or accounting for any taxes, including income, sales, use, property, excise, import, export, VAT, gross receipts, or any other taxes or fees that may result from transactions between Bidders and Auctioneers/Dealers. Such taxes or fees, and their associated obligations, remain the sole responsibility of Bidders and Auctioneers/Dealers. To the extent the Sites and Services include tax information and/or third-party tax compliance tools, such information and tools should not be construed as Sandhills providing tax advice or assuming responsibility for reporting or remitting the tax obligations of the users of its Sites and Services. Users should seek independent consultation if unsure of their tax obligations. It is the Auctioneer's/Dealer's obligation to maintain books and records to support that appropriate tax actions were maintained by the Auctioneers/Dealers and be able to produce records should the need the arise to support these actions.

12. Responding To Governmental and Third-Party Requests.

Sandhills may receive request(s) or subpoenas for records and/or information from government agencies or third parties that Sandhills may be legally obligated to respond to (as determined at Sandhills' sole discretion). Such records may include information concerning your use of our Sites and Services and/or information or records that you provide to us, including, without limitation, (a) User Content, (b) information regarding auctions, Listed Item(s), bidding activity and history, Bidders, and Auctioneers/Dealers, and (c) Auctioneer/Dealer books and records provided to Sandhills. If Sandhills receives formal inquiry from tax authorities regarding Auctioneer/Dealer transactions with Bidders, Sandhills may request Auctioneers/Dealers to produce their books and records to support the tax position and obligations set forth in Section 11.

13. Financing, Shipping, Insurance and Other Services.

We may provide links on our Sites or Services to other websites operated by us, third-party providers or affiliates or otherwise connect you with third-party providers or affiliates who provide various services or other offerings, including, without limitation, financing, shipping, insurance, or consignment services, pricing tools, and other offerings that might be of interest to you, and only for your convenience. Additionally, you consent and agree that all communications and phone calls that Sandhills receives, processes or forwards from, to, or between you, other users, sellers and/or buyers through our telecommunications system, our Site or our Services may be recorded, transcribed, summarized, analyzed, monitored, and/or stored by Sandhills through any method or technology, including artificial intelligence tools (“AI”), for providing marketing/sales leads to us, our affiliates, or third-party businesses who provide various services or other offerings.

In consideration for providing any such link(s) or marketing/sales leads, we may receive a fee from the third party(ies) or affiliates whose goods or services you may choose to obtain. We will not be liable for any acts or omissions of any such third-parties or affiliates, whom you use at your own discretion and risk. Your access to and use of our other websites and third-party or affiliate services and websites may be subject to the applicable terms and conditions of that respective website, third-party or affiliate.

Fr8Star: Listed Items that you auction or bid on may automatically be posted to Fr8Star, a shipping load board, in order to provide you with shipping estimates and/or quotes from potential brokers/carriers. Fr8Star determines which shipping quotes (if any) to present to you based on certain criteria, including, but not limited to, placing the highest bid on a Listed Item, and the price, range, category, and size of the Listed Item(s). The shipping quotes presented to you (if any) may include options from several different brokers/carriers or, in some instances, from one shipping quote provided by a select broker/carrier as determined by Fr8Star. You agree and consent to receive such shipping quotes from Fr8Star. However, you are not required to use Fr8Star or any of the shipping quotes and/or the brokers/carriers presented to you by Fr8Star. If you choose to use Fr8Star or engage any of the brokers/carriers presented to you, such services shall be subject to separate terms and conditions and/or contracts. The terms for Fr8star are located on its website (https://www.fr8star.com). The contract terms for any brokers/carriers must be obtained from the respective broker/carrier. Bidders who do not wish to receive Fr8Star shipping quotes for Listed Items they bid on, can turn-off such alerts by updating the Notification Settings in their user account.

Consignment with Auctioneers/Dealers: For convenience you may use our Site or Services to search, identify and/or connect with third-party Auctioneers/Dealers concerning possible consignment of equipment or other items that you may want to list for auction. This is not a complete or exclusive list of Auctioneers/Dealers and you are not required to use any Auctioneers/Dealers presented through our Sites or Services to consign your items or to use our Sites and Services. Auctioneers/Dealers presented through our Site and Services are independent third-parties and are not affiliated with Sandhills. We make no representations or warranties concerning any Auctioneers/Dealers and are not a party to any consignment or consignment agreement that you may enter into with an Auctioneer/Dealer.

14. Disclaimer; No Warranty.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITES AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES OR SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE SOLELY A PASSIVE INTERMEDIARY TO PROVIDE CONTENT AND COMMUNICATIONS BETWEEN A BIDDER AND AN AUCTIONEER/DEALER, AND IN NO EVENT DO WE AUCTION OR SELL ANY LISTED ITEM(S). WE MAKE NO WARRANTY THAT A USER IDENTIFIED AS A HIGH BIDDER AT AN AUCTION WILL COMPLETE ANY TRANSACTIONS FOR THE PURCHASE OF ANY LISTED ITEM(S) THAT AN AUCTIONEER/DEALER LISTS AT AUCTION AND WE MAKE NO WARRANTY THAT AN AUCTIONEER/DEALER WILL AWARD A WINNING BID TO A HIGH BIDDER AND/OR COMPLETE ANY TRANSACTIONS WITH A HIGH BIDDER FOR LISTED ITEM(S). WE MAKE NO WARRANTY THAT THE LISTED ITEM(S) WILL PROPERLY FUNCTION OR OPERATE WHEN YOU RECEIVE THEM, NOR THAT THEY WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER YOU RECEIVE THEM. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SITES, SERVICES OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY ISSUES THEREWITH.

WITH RESPECT TO ANY LISTED ITEM(S) INVOLVING LIVESTOCK, POULTRY, OR ANY OTHER TYPE OF ANIMALS WE MAKE NO WARRANTY OF ANY KIND REGARDING THE 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 OF ANY SUCH LISTED ITEM(S).

WITH RESPECT TO ANY LISTED ITEM(S) INVOLVING REAL ESTATE WE MAKE NO WARRANTY OF ANY KIND REGARDING THE GOOD AND MARKETABLE TITLE OF THE LISTED ITEM(S). WE MAKE NO WARRANTY OF ANY KIND CONCERNING THE CONDITION, ENVIRONMENTAL CONDITION, ENVIRONMENTAL CLEAN-UP OR REMEDIATION, OR ENVIRONMENTAL TESTING OF ANY LISTED ITEM(S). WE MAKE NO WARRANTY OF ANY KIND THAT ANY LISTED ITEM(S) WILL BE FREE FROM HAZARDOUS OR TOXIC MATERIALS, POLLUTANTS, CONTAMINANTS, WASTE, ASBESTOS, PETROLEUM PRODUCTS, EROSION, WOOD DESTROYING INSECTS OR OTHER INSECTS, FLOODING, WETLANDS, ENDANGERED SPECIES, AND ANY OTHER TYPE OF CONDITION OR DEFECT. WE MAKE NO WARRANTY OF ANY KIND REGARDING SOIL TESTING AND QUALITY, WATER RIGHTS, WATER TESTING AND QUALITY, PROPERTY SITE GRADE, FLOODPLAIN, ZONING, USE, EASEMENTS, UTILITIES AND UTILITY LINES AND PROFITABILITY OF ANY LISTED ITEM(S).

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR SITES OR SERVICES, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SITES OR SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION, PHONE CALL, OR COMMUNICATIONS TO AND FROM OUR SITES AND SERVICES IS NOT CONFIDENTIAL AND YOUR PHONE CALLS, COMMUNICATIONS OR CONTRIBUTED CONTENT MAY BE READ, RECORDED, TRANSCRIBED, SUMMARIZED, ANALYZED, MONITORED, TRANSFERRED, FORWARDED, STORED, OR INTERCEPTED BY OTHERS OR BY US THROUGH ANY METHOD OR TECHNOLOGY, INCLUDING ARTIFICIAL INTELLIGENCE TOOLS ("AI"). YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY MAKING OR SUBMITTING PHONE CALLS, COMMUNICATIONS OR CONTENT TO US OR BY OR THROUGH OUR SITE OR SERVICES AND/OR BY POSTING INFORMATION ON OUR SITES OR SERVICES, INCLUDING LISTED ITEM(S), NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY LISTED ITEM(S) TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF OUR SITES OR SERVICES. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, LISTED ITEM(S) OR THE TRUTH OR ACCURACY OF ANY LISTED ITEM(S) OR OTHER CONTENT PROVIDED ON OUR SITES AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER, REAL ESTATE AGENT, REAL ESTATE SALESPERSON, APPRAISER OF REAL PROPERTY, MORTGAGE BROKER OR MORTGAGE LENDER. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE DO NOT NEGOTIATE OR ATTEMPT TO NEGOTIATE THE LISTING, SALE, PURCHASE, EXCHANGE, RENT, LEASE, OR OPTION FOR ANY REAL ESTATE OR IMPROVEMENTS ON REAL ESTATE, OR ASSIST IN PROCURING PROSPECTS FOR OR ACT AS A REFERRAL AGENT FOR THE PURPOSE OF SECURING PROSPECTS FOR THE LISTING, SALE, PURCHASE, EXCHANGE, RENTING, LEASING, OR OPTIONING OF ANY REAL ESTATE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE DO NOT AID OR ASSIST BORROWERS IN OBTAINING, SOLICIT BORROWERS OR LENDERS FOR, OR NEGOTIATE OR MAKE LOANS SECURED BY LIENS ON REAL PROPERTY.

15. Indemnification.

You will indemnify, defend, and hold harmless Sandhills, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns (the "Indemnified Parties") from and against any fines, penalties, damages and costs (including reasonable attorneys' and experts' fees and costs) related to any claim or demand, made by any third party due to or arising out of (i) your breach of these Terms; (ii) your improper use of our Sites or Services; (iii) any personal injury, death, or property damage caused by or arising out of the listing, sale, transportation or use of any Listed Item(s); (iv) your violation of any law or rights of a third party, including related to any User Content you provide or post, and (v) any applicable income, sales, use, property, excise, import, export, VAT, or gross receipt taxes or fees or any other taxes or fees associated with your post-auction purchase or sale of any Listed Item(s). We reserve the right, at our 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 any matter without our written consent. While some jurisdictions may limit your liability hereunder, this indemnity shall apply to the fullest extent permissible by applicable law.

16. Release.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH OTHER USERS OF OUR SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY OTHER BIDDER OR AUCTIONEER/DEALER, ANY THIRD PARTY VISITOR TO THE SITES OR THE PROVIDER OF ANY THIRD PARTY WEBSITE OR APPLICATION THAT MAY BE LINKED TO OR FROM OUR SITES OR SERVICES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE INDEMNIFIED PARTIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.

17. California Notice.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

18. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF THE INDEMNIFIED PARTIES, OR AN AUTHORIZED REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SERVICES; (B) OUR SITES; (C) THESE TERMS; (D) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY; (E) YOUR, OR ANY THIRD-PARTY'S, USE OF OUR SITES OR SERVICES, OR THE SERVICES ANY THIRD PARTY PROVIDES, RELATED TO THE BUSINESS WE OPERATE; (F) ANY USER INFORMATION OR USER-CONTRIBUTED CONTENT; (G) ANY INTERACTION BETWEEN OUR SITES OR SERVICES AND ANY THIRD PARTY SITE; AND (H) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR PHONE CALL(EVEN IF WE OR ANY THIRD PARTY RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS OF OUR SITES OR SERVICES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE TERMS, THE AUCTION (AND ANY SUBSEQUENT PURCHASE, SALE OR USE (IF ANY)) OF ANY LISTED ITEM(S), OR YOUR USE OF OUR SITES OR SERVICES EXCEED, IN THE AGGREGATE, THE LESSER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE TOTAL FEES EARNED BY US IN CONNECTION WITH THE LISTED ITEM(S) TO WHICH THE APPLICABLE CLAIM RELATES.

19. Phone Call and Communication Recording, Transcription, and Monitoring.

You consent and agree that all communications and phone calls that Sandhills receives, processes or forwards from, to, or between you, other users, Auctioneers/Dealers and/or Bidders through our telecommunications system, our Sites or our Services may be recorded, transcribed, summarized, analyzed, monitored, and/or stored by Sandhills through any method or technology, including artificial intelligence tools ("AI"), for quality assurance; for providing marketing/sales leads to us, our affiliates, or third-party businesses; for providing Services to you; and compliance with these Terms. (Auctioneers/Dealers see Section 23 for additional terms).

20. General.

Governing Law.
These Terms are governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions. You irrevocably agree to the exclusive jurisdiction of the courts of Lancaster County, Nebraska, USA for any dispute arising out of these Terms.
Translations.
For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control.
Amendments.
We may modify, add, or remove any portion of these Terms (including, without limitation, any additional terms or documents linked to or referenced herein), from time to time, in our sole discretion, with or without notice to you, by posting such change on our Sites and/or Services. Once posted, such changes shall come into full force and effect.
Entire Terms.
The introductory paragraph, and any documents that are linked to or referenced in these Terms, are hereby incorporated by reference and made part of these Terms. Collectively, the foregoing constitutes the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.
Advice.
Any guidance, discussions, or advice provided by Sandhills, its employees, independent contractors and agents related to using our Sites and Services, including but not limited to any guidance to Auctioneers/Dealers and/or Bidders concerning their accounts and/or use of our Sites and Services, is intended for general information purposes only. It is not intended as legal advice, and you agree that you will independently evaluate and not rely on such advice for any purpose.
Headings.
Headings used in these Terms are intended, and shall for all purposes be deemed to be, for convenience only and shall have no force or affect whatsoever in the interpretation of these Terms.
Reformation.
If a court of competent jurisdiction determines that the scope of any provision of these Terms is too broad to be enforced, the court shall reform such provisions to such narrower scope as it determines to be enforceable.
Survival.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms, including but not limited to, Sections 4, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, and 20.
Severability.
If any provision of these Terms is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.
Successors and Assigns.
These Terms shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assigns. These Terms may not be assigned by you without our prior written consent. We may freely assign these Terms to any affiliate or third party.
Waiver.
No delay or omission by a party in exercising any right under these Terms shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.

21. International Availability.

We do not represent that our Sites and Services are available worldwide, or that any bidding, auctions or post-auction transactions between users can occur in every location in the world. You agree to comply with all local rules regarding online conduct and acceptable content, including, without limitation, applicable laws regarding the transmission of data exported from the United States to the country in which you reside. Please note that additional or different terms may apply if you reside outside of the United States. Please click on the location link below for more details: Jurisdictions.

22. Additional Terms for Bidders.

When you access and use our Sites and Services as a Bidder, you also agree to the following:

Bidder Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as Bidder.
Listed Item(s). We are not the owner, seller or auctioneer of Listed Items on our Sites. We do not inspect Listed Items, validate an Auctioneer's/Dealer's ownership of or authority to sell Listed Items, or provide any representations or warranties concerning Listed Items. Bidding on the Listed Items is conducted at your own risk, and any resulting transaction for Listed Items is solely between you and the Auctioneer/Dealer. You must communicate directly with the Auctioneer/Dealer to finalize any transaction for Listed Item(s). We do not supervise, direct, control, or advise Auctioneers/Dealers. You understand and agree that we will not be liable for Listed Items that you bid on, the acts or omissions of Auctioneers/Dealers, or for any proposed or completed transactions between you and an Auctioneer/Dealer. You understand and agree it is your responsibility to verify all claims of the Auctioneer/Dealer. You acknowledge and agree that we are not a real estate broker, associate real estate broker, real estate agent, real estate salesperson, appraiser of real property, mortgage broker, or mortgage lender.

All transactions and the terms of any agreements that may occur between Auctioneers/Dealers and Bidders or users of our Site or Services are determined solely through Bidder and Auctioneer/Dealer, and/or user to user interaction and agreement. 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 any Auctioneer/Dealer, Bidder, or user of our Site or Services.
Auction Information and Bidder Inspections. The auction dates, information, descriptions and prices for Listed Items are determined by the Auctioneer/Dealer and may be subject to change. Listed Items may be used and may contain defects. We do not inspect or confirm the condition of the Listed Items. We do not verify the accuracy of, or control, the information and details provided by Auctioneer/Dealer concerning their Listed Items. We do not guarantee that Auctioneers/Dealers have or maintain proper bonds or any bonds which Auctioneers/Dealers may be required to maintain pursuant to applicable laws, rules, and regulations including but not limited to bonds required by the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.) or any other laws requiring bonds for the sale of livestock or purchasing of livestock. We also do not guarantee that Auctioneers/Dealers have or maintain proper auctioneers' licenses, real estate brokers licenses, or any other licenses or registrations required by applicable laws, rules or regulation, or that Auctioneers/Dealers comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the Listed Item descriptions. You should also take appropriate steps to inspect or validate the condition of Listed Item(s) prior to bidding on, receiving or taking possession of, or closing on Listed Items. We are not responsible for any errors or omissions in the content of any Listed Items. We reserve the right, in our sole discretion, to (i) withdraw any Listed Items from our Services; (ii) amend the information in a Listed Item; or (iii) cancel any proposed bid for Listed Items that we deem to be suspicious or fraudulent and report such bid to applicable authorities.
Auctioneer/Dealer Posted Terms. An Auctioneer/Dealer may post Auctioneer/Dealer Posted Terms applicable to their auctions and Listed Items. Auctioneer/Dealer Posted Terms are between you (as a Bidder) and the Auctioneer/Dealer and are separate from these Terms. You are solely responsible for reading and understanding any Auctioneer/Dealer Posted Terms prior to placing a bid on such Listed Item(s). We do not create, review, negotiate, or enforce Auctioneer/Dealer Posted Terms. If you do not agree to the applicable Auctioneer/Dealer Posted Terms, you should not place a bid on the Listed Item(s).
Additional Fees by Auctioneers/Dealers. Auctioneers/Dealers may charge a buyer's premium (which is an additional fee that a winning bidder is required to pay above the winning bid amount) as well as shipping, handling, and other fees. These fees are set by the Auctioneer/Dealer and may be subject to change depending on the Auctioneer/Dealer and the Listed Item(s).
Auction Registration Requirements by the Auctioneer/Dealer. An Auctioneer/Dealer may have additional registration requirements for Bidders prior to bidding on the Auctioneer's/Dealer's Listed Items, and may permit or deny Bidder registrations at its sole discretion.
Transportation, Environmental Status/Clean-up/Testing, and Risk of Loss. We are not responsible for the care, loading, transportation, delivery or risk of loss for any Listed Item(s). We are not responsible for the risk of loss of Listed item(s) due to injury or death of the Listed Item(s) at any time. We are not responsible for the condition, encumbrances, easements, assessments, special assessments, liens, leases, repairs, damage, 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, soil quality and testing, water quality and testing, appraisal, surveying, boundaries, rights, and third-party interests that may exist on or pertain to Listed Item(s). Except as otherwise set forth in any Auctioneer/Dealer Posted Terms, the Bidder with the winning bid will be responsible for compliance with all laws and regulatory requirements applicable to the transportation of the Listed Item(s) and the use, condition, care, repair, status, clean-up, remediation, testing, inspection, appraisal, boundaries, and surveying of the Listed Item(s). Except as otherwise set forth in any Auctioneer/Dealer Posted Terms, the Bidder with the winning bid will be responsible for all freight, shipping, and other costs related to transporting the Listed Item(s). These costs may include feeding, watering, dismantling, special handling, loading, transportation costs, and permits required to move the Listed Item(s) to the Bidder's desired location. You should confirm transportation, delivery and risk of loss information with the Auctioneer/Dealer and your designated transportation provider. Additionally, except as otherwise fully set forth in Auctioneer/Dealer Posted Terms, the Bidder with the winning bid will be responsible for obtaining and providing all health certificates, health documentation, and testing required for the shipment and transportation of the Listed Item(s). Furthermore, except as otherwise fully set forth in Auctioneer/Dealer Posted Terms, the Bidder with the winning bid shall be responsible for complying with all health entry requirements for the Listed Item(s) for the state of entry. In no event shall we have any responsibility for the transportation of Listed Item(s) or for any risk of loss or liability related to Listed Item(s) or for the condition, encumbrances, easements, assessments, special assessments, liens, leases, repairs, damage, 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, soil quality and testing, water quality and testing, appraisal, surveying, boundaries, rights, and third-party interests that may exist on or pertain to Listed Item(s).
Bidding. You understand, acknowledge and agree that:
1. When you submit a bid using our Sites or Services, your bid will be forwarded to the Auctioneer/Dealer and may be viewed by the Auctioneer/Dealer as a firm commitment and an irrevocable offer. Once you place a bid on our Sites, it may not be retracted. If you have the highest bid, the Auctioneer/Dealer conducting that auction may identify you as the winning bidder and contact you to complete a post-auction transaction for the Listed Item(s) unless otherwise prohibited by law or regulation.
2. By using our Services to bid on Listed Item(s), you grant us permission to share your information with Auctioneers/Dealers, including, without limitation, your contact information (e.g., name, address, telephone, number, email address, name and contact information of your real estate agent/broker, etc.) and other information that you provide to us.
3. You may place a max bid on Listed Item(s). When you place a max bid, our bidding technology will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, we will attempt to let you know that you have been outbid. In that situation, you may attempt to place another bid within the specific auction time.
4. Auctions may have time extensions. The closing period for an auction may automatically be extended for individual Listed Items (or for all Listed Items in a group auction) in the event that a higher bid is received during the final moments of an auction or when a higher bid is received during the final moments of an extension to that auction.
5. Sandhills reserves the right to withdraw, postpone, or cancel any Listed Item(s), in our sole discretion, with or without notice. We shall have no liability to you as a result of any withdrawal, postponement, or cancellation.
6. Sandhills reserves the right to void any bid you place, whether winning or not, which we believe (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate our Services.
7. The Auctioneer/Dealer is conducting the auction and makes the sole and final determination with respect to the winning bidder and any subsequent transaction of Listed Item(s).
8. WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.
Prohibited Bidder Conduct. Any deliberate attempt to artificially influence auction bid amounts for any Listed Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on Listed Item(s) that you may also be selling, communicating with other Bidders, or shill bidding is expressly prohibited.
Additional Bidder Indemnity. In addition to the indemnification provisions set forth in these Terms, you agree to indemnify, defend, and hold harmless the Indemnified Parties (as defined in Section 15) from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) arising out of or resulting from any injuries to persons or property of any type, occurring during your or your agent's inspection of property, or your or your agent's presence at a Auctioneer's/Dealer's site, or resulting from any transaction for a Listed Item(s) and/or any removal, use or operation of any Listed Item(s).

23. Additional Terms for Auctioneers/Dealers.

When you access and use our Sites and Services as an Auctioneer/Dealer, you also agree to the following:

Auctioneer/Dealer Registration and Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Site or Services as an Auctioneer/Dealer.
Listed Item(s) and Auctions. You acknowledge and agree to the following:
1. We provide auction-related technology solutions, software and advertising services, but we provide no auctioneering services. We are not an auctioneer, nor are we an auction house nor an online auction firm.
2. 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.
3. You, as the Auctioneer/Dealer, are solely responsible for any auctions you conduct using our Sites and Services and for obtaining any and all required auction and auctioneering-related licenses to conduct your auctions, which may vary depending on location, the Listed Item(s) and applicable laws.
4. You, as the Auctioneer/Dealer, are solely responsible for your Auctioneer/Dealer Posted Terms, for any Listed Items that you list for auction using our Site and Services.
5. You, as the Auctioneer/Dealer conduct the auction and make the sole and final determination with respect to the winning bid and any post-auction transactions for Listed Item(s).
6. You agree to fully, completely, and accurately disclose all information relating to your Listed Items, 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;
7. You will not list any Listed Items using our Sites or Services that are illegal to use, possess, auction or sell under any applicable law, rule or regulation;
8. You will not list any Listed Item(s) which contain links to or a description of other items listed outside our Sites and Services;
9. Any Listed Item(s) re-listed in subsequent auctions shall be considered new Listed Items(s) for each auction and shall be subject to our then-current fees and expenses for such Listed Item(s) for each auction;
10. 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;
11. You may have an option to set the opening bid price as a reserve depending on the Site;
12. You will make the Listed Item(s) available to the highest bidder in accordance with Auctioneer/Dealer Posted Terms (if any); and
13. 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.
Confirmation of Listed Item(s). You as the Auctioneer/Dealer are responsible for reviewing the categorization and description of your Listed Item(s) to ensure the items are categorized and described accurately. You are responsible for reviewing and ensuring that any content displayed on our Sites and Services appears as you intended. We take no responsibility for Listed Item(s) that are mis-listed, mis-categorized or described inaccurately.
Auctioneer/Dealer Posted Terms. You as the Auctioneer/Dealer may post Auctioneer/Dealer Posted Terms for your auction of Listed Items. Auctioneer/Dealer Posted Terms are between you (as the Auctioneer/Dealer) and a Bidder and are separate from these Terms. You are solely responsible for creating, reviewing and understanding any Auctioneer/Dealer Posted Terms prior to placing such terms with your Listed Items. We do not prepare, review, negotiate, or enforce any Auctioneer/Dealer Posted Terms. We do not represent or guarantee that any Auctioneer/Dealer 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 Sites and 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 you enter into a post-auction transaction with a Bidder for the Listed Item(s), 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.
Our Fees. You agree to pay us our then-current fees for your use of our Sites and Services. Please contact your Sandhills representative for more information regarding current applicable fees. 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, you will only use our Sites and Services for that Listed Item and shall make the Listed Item available for auction until the earlier of (a) the completion or expiration of your auction for the Listed Item; or (b) the date you withdraw the Listed Item from our Sites and Services as permitted herein.
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 results will fluctuate based on the search options used, including but not limited to, price and auction end time.
Auctioneer/Dealer Representations and Warranties. You as the Auctioneer/Dealer 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);
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; and
10. with respect to any Listed Item(s) involving livestock, poultry, or any other type of animals:
  1. shall 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
  2. that such Listed Item(s) are, except as disclosed by you within the applicable listing, (i) in good mental and physical health and nutrition, and are free of all injury and illness, (ii) mentally, physically, and behaviorally sound; and (iii) have the willingness and ability to perform.
11. with respect to any Listed Item(s) involving real estate:
  1. shall 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. that such Listed Item(s) 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.
Additional Representations and Warranties. You as the Auctioneer/Dealer 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. your listing and auction of the Listed Item(s) will not contravene or infringe upon any patent, copyright, trademark, agreement, title, interest, 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 Auctioneer/Dealer Posted Terms for your Listed Item(s) are legal and do not violate any applicable laws, rules, and regulations;
5. as it pertains to your use of our Sites and Services, 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 auction and conduct auctions using our Sites and Services; and
6. you have all required auction and auctioneering-related licenses for you to conduct auctions using our Sites and Services, which may vary depending on the item(s) and applicable laws.
No Guarantee. We do not guarantee that any Bidders will bid on Listed Item(s) or that you'll be able to complete any post-auction transactions or collect payments from a Bidder who has a winning bid for Listed Item(s).
Transactions with Bidders. Any transactions that may occur between an Auctioneer/Dealer and a Bidder regarding Listed Item(s) are facilitated directly between those users outside of our Sites and Services. You as the Auctioneer/Dealer, you must coordinate any post-auction transactions for Listed Items directly with the highest Bidder. You, as the Auctioneer/Dealer, are solely responsible for arranging payment(s) and/or processing payments (as applicable) in connection with any transactions directly with the highest Bidder. You assume all risk and liability associated with any agreement(s) you enter into with Bidders. We are not a party to, and do not facilitate, the purchase and sale of any Listed Item(s).
Additional Terms Regarding Phone Call and Communication Recording, Transcription, and Monitoring. The laws regarding the notice and notification requirements to record individual conversations and/or upload recorded conversations vary by location. In addition to the phone call and communication recording, transcription and monitoring provisions set forth in these Terms, if you are an Auctioneer/Dealer using Sandhills Services to record, monitor and/or transcribe telephone calls (the “Call Stats Tools”) in connection with your Listed Items, auctions, or business, you: (i) acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recordings as required by applicable law including, without limitation, Your employees, agents, contractors or other users (collectively, “Your Users”)); (ii) acknowledge and agree you are solely responsible for managing the settings and your use of the Call Stats Tools, including whether to include a “recorded telephone call” notification for calls received by you or Your Users; (iii) hereby represent and warrant that your setting selections and use of such Call Stats Tools by you or Your Users comply with all applicable law; (iv) acknowledge and agree you are solely responsible for your use of all recordings and transcripts of recordings; and (v) represent and warrant that you have obtained all required and appropriate consents and permissions from Your Users to be recorded, monitored and/or transcribed by or through the Call Stats Tools.
In addition to the indemnification provisions set forth in these Terms, you further agree to indemnify, defend, and hold harmless Sandhills, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of your use of call recordings, call transcripts, call summaries, call data, and the Call Stats Tool in any manner.
Additional Auctioneer/Dealer Indemnity. In addition to the indemnification provisions set forth in these Terms, you as the Auctioneer/Dealer, agree to indemnify, defend, and hold harmless the Indemnified Parties (as defined in Section 15) 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 Auctioneer/Dealer 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 Auctioneer/Dealer Posted Terms.

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Last Updated: April 09, 2026

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