Agreement to Terms.
We created this salvage bidding Web site (referred to as the “Site”) for the use and convenience of individuals and entities interested in bidding for salvage that may become available from time to time. By accessing this Site, you agree to all terms, conditions, and notices contained or referenced here (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not use this Site. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. Please note that this Site is hosted by RainWorx. More information concerning RainWorx can be obtained at: http://www.rainworx.com.
All of the information and content on this Site (including but not limited to all text, documents, graphics, software applications, video and audio files, photos and the “look and feel” of this Site) (the “Content”) is Great West Casualty Company’s (“GWCC”) property, or the property of our vendor/host. This Content is protected by copyright under both United States and foreign laws, unless otherwise indicated. Any use of the Content requires written permission of GWCC. All rights are reserved. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and proprietary notices. The use of the Content on any other Web site or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another Web site, is expressly prohibited without the prior written permission of GWCC.
“The Difference is Service” ® is a federally registered service mark of GWCC. Other proprietary GWCC marks may be designated as such from time to time on this Site through the use of the TM, SM or ® symbols.
This Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of GWCC unless specifically stated that it is under the control GWCC. You acknowledge that GWCC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites that are not under the control of GWCC. The inclusion of such a link does not imply endorsement of the site by GWCC or any association with its operations unless specifically stated that it is endorsed by GWCC or it is associated with GWCC.
This Site does not intend to market any GWCC products or services to children. GWCC does not knowingly gather, or solicit, data from children through this Site for marketing or other purposes.
Awards of Salvage.
All users of this Site must complete a registration process to bid on salvage posted on this Site. All users of this Site who submit bids to purchase salvage posted on this Site (“Buyers”) must comply with all state and local laws regarding regulated salvage. In states where licenses are required, Buyers must furnish GWCC with a copy of the license or licenses required by law, as requested by GWCC. To be approved as a Buyer, users must complete and submit a Uniform Sales & Tax Certificate to GWCC. Each Buyer shall be 18 years of age of older. Buyers will be responsible for all local, county and state sales tax applicable regarding the sale of salvage. If applicable, Buyers must furnish GWCC with a copy of its sales tax exemption license certificate. All salvage is sold on good, salvage or limited titles. Buyers understand they are bidding on damaged, wrecked, unrepaired property. GWCC makes no representation that any description of damage to the salvage as reflected on the posting is complete; it is included only to give Buyers a general description of damage. All bids will be in US dollars. Buyer will be responsible for all storage charges after seven (7) days from the date the notice of award of salvage is issued. Because of individual state licensing requirements, all purchases of salvage must be made by the registered Buyer. In addition, all payments for purchases must be made in the registered Buyer’s name and/or company name. Third party purchasing of salvage using this Site is not allowed. All sales are on an “as is,” “where is” basis and no implied or express warranty is given. GWCC reserves the right to accept, reject or ignore any bid and it is not obligated to sell any item listed. GWCC reserves the right to refuse any bid and no reason for refusal is required. Any Buyer who submits a bid is obligated to complete the transaction. Bids are not retractable. Bids will be valid for thirty (30) days from the date of the bid. If you receive a notice of award of salvage, your bid will be a legally binding purchase contract. All payments are due Fourteen (14) days from the date of invoice.. Accounts will be considered past due after thirty(30) days and your account will be suspended after 45 days. Titles will not be transferred until GWCC’s receipt of Buyer’s payment. If GWCC incurs any cost or expense, including reasonable attorney’s fees, as a result of a breach of contract, you agree to reimburse such costs or expenses to the extent allowed by law. Defaulting on a bid or failure to pay in a timely manner will result in loss of bidding privileges. If you do not agree to the Terms and Conditions outline in this section, you must immediately exit this Site.
WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THIS SITE. HOWEVER, ALL CONTENT ON THIS SITE, OR ON ANY OTHER SITE TO WHICH WE MAY LINK, IS FURNISHED ON AN “AS IS” BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR THE FUNCTIONS OF THIS SITE. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OR WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS SITE, OR ANY OTHER SITE TO WHICH WE LINK, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THIS SITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD GWCC LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY USE BY YOU OF THIS SITE (OR ANY LINKED SITE), WHETHER THOSE DAMAGES ARE FINANCIAL IN NATURE OR RESULT FROM LOST, IMCOMPLETE OR INTERRUPTED DATA OR TRANSACTIONS. THIS LIMITATION ON GWCC’S LIABILITY MAY BE DIFFERENT IN CONNECTION WITH PARTICULAR PRODUCTS OR SERVICES THAT ARE OFFERED.
The Content on this Site, and these Terms and Conditions, are subject to change or updating by GWCC, at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.
Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. We are not responsible or liable for any damage caused by such hazards.
We welcome your e-mail correspondence, but Internet and e-mail communications are not confidential. It is possible that information transmitted to us may be read or obtained by other parties. In an attempt to protect your privacy, our e-mail responses do not include personal account information such as social security numbers or account numbers.
Upon a request by GWCC, you agree to defend, indemnify, and hold harmless GWCC, its ultimate parent corporation, Old Republic International Corporation, and all of its subsidiaries, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. GWCC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GWCC in asserting any available defenses.
Statements made in Internet sites, newsgroups, message boards, e-mail, forums, conferences and chat rooms reflect only the view of their authors. Forum managers, forum hosts, or Merchants appearing on this Site are not authorized GWCC spokepersons, and their views do not necessarily reflect those of GWCC.
Licenses and Idea Submissions.
You agree to grant to GWCC a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publically perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of GWCC (such as BBSs, forums, and chat rooms) by all means and in any media now known or developed in the future. You waive your moral rights in any of this material and information, and you also warrant that of this material and information are original with you, or that you have the right to submit this material and information. You agree that you shall have no recourse against GWCC for any alleged or actual infringement or misappropriation of any proprietary right in your communication with us.
The provisions of the Sections entitled “NO WARRANTY”and “NO LIABILITY” and “Indemnification” are for the benefit of GWCC and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
GWCC makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
By this Agreement, GWCC grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use this Site in real time, and to use the materials on this Site in a manner consistent with this Agreement.
You and GWCC want to facilitate some transactions under this Agreement by exchanging documents, records, signatures electronically or by using electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by GWCC and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.
Indemnification and Force Majure.
Neither GWCC nor any independent provider/transmitter of information shall be liable in any way. You agree to indemnify and hold harmless GWCC, and its parent company, subsidiaries, and affiliated companies, the independent providers/transmitters of information and all employees, contractors, officers, and directors thereof (the “Indemnitees”) for: (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of the Site as well as any inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of information due either to any negligent act or omission by the Indemnitees or to any “force majure” (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.
Severability and Integration.
Unless otherwise specified here, this Agreement constitutes the entire agreement between you and GWCC with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and GWCC with respect to the Site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
Notice Specific to Software Available on the Site.
Any software that is made available to download from this server (“Software”) is the copyrighted work of GWCC and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Software (“Licensed Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT, EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, GWCC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND NON-INFRINGEMENT.
Notices Regarding Software, Documents and Services Available on the Site.
IN NO EVENT SHALL GWCC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABILE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE. DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
GWCC reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.
Choice of Law and Forum.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the Site shall be filed only in the state or federal courts located in the State of Nebraska, and you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any related claim or action.
Rules of Conduct.
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) that does the following:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual (including, not limited to, sexual language of a violent or threatening nature directed at another individual or group), or otherwise violates GWCC rules or policies.
You also agree that you will not harvest or collect any information about the users or members of the Site or use the information for the purposes of transmitting or facilitating transmission of unsolicited bulk e-mail or electronic communications.
GWCC generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, GWCC and its agents have the right, at their sole discretion, to remove any content that, in GWCC’s judgment, does not comply with the Rules of Conduct or is otherwise harmful, objectionable, or inaccurate. GWCC is not responsible for any failure or delay in removing such content.