The following terms are defined for use in this agreement, and their meaning in this agreement is limited to the given definition.
You, Bidder, Your, Buyer and User: These terms refer to you.
L.W. BENTON COMPANY, LWBC, We, Us, the Company and Our: These terms all refer to:
L.W. Benton Company, Inc./ A MarkNet Alliance Member
Seller: refers to one or more sellers utilizing the Site to market assets.
REGISTRATION AND INFORMATION GATHERING
Access to some areas and use of some functions of the Site may require you to be or become a registrant. When and if you become or apply to become a registrant, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our and our sellers’ registration forms (including your e-mail address), and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is inaccurate, not current, or incomplete, we reserve the right to terminate your use of this Site and related services. As part of the registration process, you will be asked to select a password. You will be responsible for the confidentiality and use of your password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING BIDS AND PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
L.W. BENTON COMPANY requires information from every person who registers on the Site, including the following
Credit Card Information
Home Phone Number
Work Phone Number
Sellers using Our services may require additional information from you before you will be eligible to bid in a particular auction event or on particular auction assets. L.W. BENTON COMPANY gathers aggregate information about Site usage, including but not limited to, the number of visitors, most visited pages, length of visit, conversations and any and all correspondence. We routinely provide sellers with most if not all of the information which is in your registered bidder profile. Sellers may then use the information for any purposes. We may provide your information to others, including but not limited to, collection agencies, if you do not pay agreed upon amounts when due.
Please Note: Your account information and credit card will be be validated before your full bidding registration will be completed. Online bidders will not be approved until the credit card on file is validated. The credit card you registered with will have an refundable authorization of $1 placed on the card from MarkNet Alliance. This authoriztion will drop off you account within a few days if not immediately. Please note that for debit cards this $1 authorization could take up to 7-10 days to be released back to your account. Due to the increase in credit card fraud, identity theft etc.. these are measures that are being put in to place for the seller, buyer and auction company’s protection. Please call our office if you have any questions regarding this new policy. 478-744-0027.
OWNERSHIP OF THE SITE
The Site is owned and operated by L.W. BENTON COMPANY, Inc. in Macon, Georgia. The content on the Site includes, but is not limited to: text, graphics, logos, audio and video clips, software server information, and anything else hosted on or delivered through this Site and any other web domains accessed through this site. All rights to our content, services, and server information are reserved and are the sole property of L.W. BENTON COMPANY, Inc.
All copyrighted materials presented directly on the Site or linked by the Site remain property of their respective owners.
Relationship Between L.W. BENTON COMPANY and Sellers
L.W. BENTON COMPANY is an exclusive agent of the sellers using the Site. L.W. BENTON COMPANY almost never evaluates the quality of the items auctioned on the Site or verifies any claims made by each seller regarding its items.
Software and Server Technical Issues: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, L.W. Benton Cmpany Inc., reserves the right at its sole discretion to extend bidding, continue the bidding, or close the bidding. THE COMPANY PROVIDING THE SOFTWARE nor L.W. Benton Company Inc. WILL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications are sent to registered bidders with updated information as deemed necessary by L.W. Benton Company Inc.
HOW CAN YOU USE THIS WEBSITE?
Bidder Duties and Responsibilities:
Bidders agree to keep their Bidder name and password confidential and are solely responsible for any activity generated utilizing their Site bidding account.
When using the Site you must obey all applicable federal, state and local laws. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to the Site. The Site was created and will be operated from the United States.
Unacceptable Uses for The Site
Users may not engage in fraudulent, deceptive or intentionally disruptive or malicious activity of any kind.
Users are prohibited from engaging in activity that compromises the Site. Such activities include, but are not limited to, hacking, distribution of malicious software, spamming, mailbombing or crashing.
Users may not engage in any activity designed to impede the use of the Site by other users. Users are prohibited from engaging in any activity that jams the Site, including overloading and flooding.
Users are prohibited from framing or deep linking into the Site.
Any access to the Site by means of any process, including but not limited to, manually scraping, spiders, bots or any similar devices, is prohibited unless L.W. BENTON COMPANY consents to such use in writing.
Anyone duplicating the pages, modifying the Site, or the content of the Site, must have written permission, prior to his or her activity, from L.W. BENTON COMPANY.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere with the proper working of the Site.
The software and source codes used on this Site are the intellectual property of L.W. BENTON COMPANY and its licensors. Any modification or attempt to modify or acquire this Site through duplication, transfer, reverse engineering, disassembly, or otherwise is prohibited. Users may not create derivative works from this Site. Users may not attempt to access or duplicate the software available through the Site in an attempt to sell or transfer any rights in such software.
The trademarks and service marks found on the Site are property of L.W. BENTON COMPANY or their respective owners, whether registered or unregistered. Neither L.W. BENTON COMPANY nor the owners grant you permission to use these trademarks or service marks. You should not interpret anything in the Site as granting a license or right in these trademarks. Licenses should not be considered granted on theories of implication or estoppel. The “L.W. BENTON COMPANY” & “Bidderone.com” logo and the trademark “L.W. BENTON COMPANY” & “BidderOne” may not be used in any way without express written permission from L.W. BENTON COMPANY.
Any content contained within the Site is covered by L.W. BENTON COMPANY’s registered copyright or by the respective copyright holders. L.W. BENTON COMPANY does not release its legal copyrights in any way, either by implication, estoppel or otherwise. Any attempt to modify or subvert the content of the Site is a violation of L.W. BENTON COMPANY’s copyright. This copyright extends to the software programs and the source codes contained within the Site.
RIGHTS AND RESPONSIBILITIES
L.W. BENTON COMPANY is not responsible for and expressly disclaims liability for any indirect, incidental, consequential or punitive damages. L.W. BENTON COMPANY disclaims any express or implied warranties, any warranty of merchantability, warranty of fitness for particular purpose, or warranty of non-infringement.
This is an “As-Is” Site. You accept that you use the Site to your own risk and without any guarantees or promises from L.W. BENTON COMPANY or its sellers. This includes the functionality and operation of the Site. L.W. BENTON COMPANY does not guarantee that the Site will be operational 100% of the time.
L.W. BENTON COMPANY does not guarantee that you will always be able to access the auctions listed on the Site. The Site is usually available 24 hours a day, 7 days a week. However, we retain the right to make the Site unavailable from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of the Site.
L.W. BENTON COMPANY, in its sole discretion, may terminate access for any reason to our Website. L.W. BENTON COMPANY, in its sole discretion, may terminate your registration to bid and bidder account. You guarantee that the information you supply to L.W. BENTON COMPANY is accurate. Users agree to indemnify and hold L.W. BENTON COMPANY harmless from any lawsuit based on users’ negligence or activities.
Jurisdiction and Choice of Law Provisions
The Site is governed by the federal laws of the United States of America and the laws of the state of Georgia. All disputes concerning the Site shall be adjudicated in Jones County, Georgia.