{"auction_terms_and_conditions":"

Terms Of Service

iraymn.com - 10/8/2022

Introduction

Welcome to I.R.A.Y. Companies (\"the the Company\", \"we\", \"our\", \"us\")! Please read over this document carefully.

Acceptance of Terms

By accessing the website at https://iraymn.com (the \"Service\", the \"Site\"), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on the Company's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the Company's website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or \"mirror\" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. The Company may also seek legal restitution if applicable.

User Registration

In order to use certain features of the Service, you may be required to register for an account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

User Generated Contributions

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, \"Contributions\"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available a Contribution, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contribution in any manner contemplated by the Site and these Terms of Service.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contribution in any manner contemplated by the Site and these Terms of Service.
Your Contribution is not false, inaccurate, or misleading.
Your Contribution is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contribution does not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contribution does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contribution does not violate any applicable law, regulation, or rule.
Your Contribution does not violate the privacy or publicity rights of any third party.
Your Contribution does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (\"gifs\"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as \"spyware\" or \"passive collection mechanisms\" or \"pcms\").
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libel us, defame, violate the privacy rights, infringe upon the intellectual property rights, or violate the property rights of others, or otherwise are objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violatesthe law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limitthe availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, toremove from the Site or othemise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) othewise manage the Site in a mannerdesigned to protect our rights and property and to facilitate the proper functioning of the Site.

Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE Terms of Service OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the \"Parties\" and individually, a \"Pany\") shall be commenced or prosecuted in the state and federal courts located in Minnesota, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in suchstate and federal courts. Application of the IJnited Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (IJCITA) areexcluded from these Terms of IJse.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TERM OF MEMBERSHIP.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

","auction_buyers_agreement":"

Terms & Cond: All Purchases must be paid for by the Monday following the auction sale. Cash, cashier’s Check, Money Order, Bank Wire (subject to $30 fee), Credit Card (subject to fee) or Check accompanied by an Irrevocable Bank Letter of Guarantee. The letter should state: Our bank, (name of bank) irrevocably will guarantee any checks written to IRAY Auction for the purchase of items at the (Auction Date) auction by (you or your company name) from account number (fill in the number) up to the total amount of $_________. Sincerely (Bank officer's name and title)

All sales are final. No items are to be removed without prior settling with the clerk.

INTERNET TERMS AND CONDITIONS

By registering to bid or placing a bid, the Internet bidder agrees to be bound by the terms & conditions of the auction. All Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they (the bidder) were in attendance at the auction in person.

1. The Auction offers items by “Items” or \"Lot\" in groups, by choice or individually. Every Lot/Item will be sold \"as is, where is\" and all sales are final. Items are open to public inspection. It is Bidder's responsibility to determine condition, age, genuineness, value, or any other factor. I.R.A.Y. Auction will attempt to describe the items/equipment in advertising, on the Internet, and at the auction but makes no representations. There will be no guarantees or warranties of any kind, regardless of any condition statements made on the equipment, nor will I.R.A.Y. Auction be liable for any condition statements made on the equipment. I.R.A.Y. Auction will not be responsible for any errors or omissions in the description of the item. The winning bid of Internet Bidder, accepted by I.R.A.Y. Auction, can not retract a bid. Internet Bidder accepts Lot when making bids and is responsible for their awarded bid, or may be subject to penalties. All sales are final! No refunds!

2. All Internet Bidders agree to pay a buyer's premium equal to ten percent (10%) of the purchase price for each item. (Example: Purchase price of an item is $1000.00 the buyer's premium will be $100.00 for a total purchase price of $1100.00). This percentage is subject to change per auction if applicable.

3. I.R.A.Y. Auction is providing pre-bidding and live online bidding as a service to the Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction sale. Under no circumstances shall Bidder have any kind of claim against I.R.A.Y. Auction or anyone else if the Internet service fails to work correctly before or during the live auction. I.R.A.Y. Auction will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. I.R.A.Y. Auction reserves the right to withdraw or re-catalog items in this auction.

4. Auctioneer reserves the right to advance the bidding at his own discretion. I.R.A.Y. Auction may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, live/simulcast bids take precedence over all other bids.

5. Purchases awarded to Internet Bidder become the responsibility of that Bidder. Purchases MUST be paid in full by the Monday following the sale day. All payments are to be made in cash, cashiers check, bank wire (wire fee charged to winning Bidder) credit card (subject to fee) or standard check accompanied by an Irrevocable Bank Letter of Guarantee.

Letter should state: Our bank, (Name of Bank) irrevocably will guarantee any checks written to IRAY Auction for purchase of items at the (Auction Date) auction by (you or your company name) from account number (fill in number) up to the total amount of $_________. Sincerely (Bank officer's name and title). A $30.00 service fee will be added to all returned checks. Bidder agrees not to stop payment on any check paid to I.R.A.Y. Auction. Checks must be received within three (3) days, or subject to a fee of $10.00 per day.

6. Purchaser will pay any and all applicable taxes and fees, unless exempted by law. Bidder agrees to indemnify I.R.A.Y. Auction against any claim if sales tax is not collected on Bidder's purchases.

7. Packing and shipping costs are the responsibility of the Purchaser. Purchases must be removed within ten (10) days or may be resold at the next auction or disposed of in any way I.R.A.Y. Auction deems suitable.

8. I.R.A.Y. Auction may refuse a buyer's number to anyone for any reason. Bidder agrees to provide any identification I.R.A.Y. Auction may request including but not limited to: driver’s license, photocopies of Social Security card, Passport, etc...

9. We want you to be happy with your purchases. If you have questions about the items or equipment the time to ask questions is well in advance of the live auction. No returns are allowed.

EVERY ITEM SOLD \"AS IS - WHERE IS\". PLEASE INSPECT AND/OR BE INFORMED OF EQUIPMENT BEFORE BIDDING. NO GUARANTEES OR WARRANTIES WHATSOEVER.

ALL SALES ARE FINAL, NO REFUNDS.

Thank you for your patronage.

","auction_sellers_agreement":"

This is the default sellers agreement. You agree to let us sell your stuff.

Thank you.

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January 7th Heavy Equipment, Truck & Trailer Auction

RegistrationNot registered.

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