Whitetail Deer Auctions & Exotic Auctions For Breeders/Management

General Terms And Conditions Agreement

The following describes the terms on which Whitetail Auction, LLC offers you access to our services.

Introduction

Welcome to Whitetail Auction, LLC. By using Whitetail Auction, LLC (including whitetailwuction.com and any related site, services and tools), you agree to the following terms with Whitetail Auction, LLC and the general principles for the websites of any affiliates. If you reside outside of the United States, you cannot use any services offered by Whitetail Auction, LLC. If you have any questions, please refer to our help section or use our contact page.

This Agreement is effective on October 1, 2009, for current users, and upon acceptance for new users.

Before you may become a member of Whitetail Auction, LLC, you must read and accept all of the terms in, and linked to, this Terms and Conditions Agreement and the Whitetail Auction, LLC Privacy Policy. We strongly recommend that, as you read this agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the Whitetail Auction, LLC site or services, or when you use the tools we make available to interact with the Whitetail Auction, LLC site and services.

Using Whitetail Auction, LLC

While using the Whitetail Auction, LLC site, services, and tools, you will not:

post content or items in an inappropriate category or areas on our site and services;
violate any laws, third party rights or our policies, such as the prohibited and restricted items policies;
use our site, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our site, services, or tools;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Whitetail Auction, LLC;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the site or using it for purposes unrelated to Whitetail Auction, LLC);
transfer your Whitetail Auction, LLC account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Whitetail Auction, LLC, or the interests or property of Whitetail Auction, LLC users;
export or re-export any Whitetail Auction, LLC tools except in compliance with the export control laws of any relevant jurisdictions;
copy, modify, or distribute rights or content from the Whitetail Auction, LLC site, service, or tools or Whitetail Auction, LLC's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Whitetail Auction, LLC

Whitetail Auction, LLC works to keep our site and services working properly and user base safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our site and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Whitetail Auction, LLC site, services, or tools.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by Whitetail Auction, LLC are exciting, rewarding, and hassle-free. We strongly encourage buyers to work with and cooperate with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the Whitetail Auction, LLC Buyer Protection Policy with respect to claims.

We require Whitetail Auction, LLC sellers to comply with our resolution process. Sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with Whitetail Auction, LLC under the Whitetail Auction, LLC Buyer Protection Policy.

Joining Whitetail Auction, LLC and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 14 days notice by posting the changes on the Whitetail Auction, LLC site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the site.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in or to the content, in any media known now or in the future.

You will not hold Whitetail Auction, LLC responsible for other users' content, actions, or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our site is a venue to allow anyone to legally offer, sell, and buy just about anything related to wildlife game animals, at anytime, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats, and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or attempt to return an item.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Texas Commercial Code and Uniform Commercial Code unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our site, services, or tools, and operation of our site, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our site, services, and tools.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under Whitetail Auction, LLC Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

The majority of the information on the site is updated on a real-time basis and is proprietary or is licensed to Whitetail Auction, LLC by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the site for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the site without the prior express written permission of Whitetail Auction, LLC and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the site, services, or tools, or any activities conducted on or with the site, services, or tools; or
attempt to bypass any or all security measures we may use to prevent or restrict access to the site.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Whitetail Auction, LLC Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Whitetail Auction, LLC Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served by Whitetail Auction, LLC to the email address you provide to Whitetail Auction, LLC during the registration process. Notice shall be deemed given one business passage after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three business days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and Whitetail Auction, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Whitetail Auction, LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Whitetail Auction, LLC must be resolved exclusively by a state or federal court located in Brazos County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Brazos County, Texas for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Whitetail Auction, LLC must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Whitetail Auction, LLC may recover attorneys' fees and costs up to $10,000, provided that Whitetail Auction, LLC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our site:

Each of these policies may be changed from time to time. Changes take effect when we post them on the Whitetail Auction, LLC site. When using particular services on our site, you are subject to any posted policies or rules applicable to services you use through the site, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.

General

Whitetail Auction, LLC Inc. can be contacted at PO Box 3266, Bryan, Texas. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through a Whitetail Auction, LLC message. This and all messages are available in your Members Area. This Agreement may not be otherwise amended except in writing signed by you and us. For purposes of this provision, "writing" does not include an email message and a signature does not include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.

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