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User Agreement
The text below is our user site agreement. These are the terms and conditions
required for access to our site. Please read completely before deciding to
agree or disagree with these terms.
USER AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS AND USE
OF THIS WEBSITE.
Welcome to L&N Federal Credit Union’s web site and thank you for reviewing this
user agreement (the “Agreement” or the “User Agreement”). This Agreement
describes the terms and conditions applicable to your use of the domain and
sub-domains of http://www.lnfcu.com/auction/auction
, which is owned and operated by L&N Federal Credit Union (collectively,
“L&N” or “we,” “us,” or “our”). Do not use or access the Site if you do not
agree to be bound by the terms and conditions of this Agreement.
You must read, agree with and accept all of the terms and conditions contained
in this Agreement before you may use this Site. By accessing, using, browsing,
bidding or buying on this Site you agree that you have read, understood and
agree to be bound by this Agreement and to comply with all applicable laws,
rules and regulations. Please do not register or use this site if, for any
reason, you do not agree to abide by the terms of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the
Site. Any amendment is effective upon its posting to the Site. Please re-read
this Agreement from time to time for changes. Your accessing, using, browsing,
bidding or buying on this Site after we have changed this Agreement will be
deemed to mean that you have accepted the changes. If, for any reason, you do
not agree to abide any amendment to this Agreement, please do not use this site.
Further, we may change our Site at any time to add or remove features, services
or auctions in our sole discretion, and without liability to any user.
You may not otherwise amend this Agreement unless the amendment is agreed to in
writing by us.
1. MEMBERSHIP ELIGIBILITY.
This Site is only available to, and may only be used by individuals who can
legally form binding contracts under applicable law. Without limiting the
foregoing, this Site is not available to children (persons under the age of 18)
or temporarily or indefinitely suspended users. If you do not qualify, please
do not register or use our Site. Further, your account on this Site and User ID
may not be transferred or sold to another party. If you are registering as a
business entity, you represent to us that you have authority to bind the entity
to this Agreement. Without limiting any other remedies we may have, we may
suspend or terminate your account if we suspect that you have engaged in
fraudulent activity in connection with the Site.
2. FEES AND SERVICES.
Joining and bidding on vehicles listed on this Site is free. You are, however,
responsible for paying for any vehicle in the event you are the successful
bidder for that vehicle and are responsible for any additional fees that we may
assess in the event you are the successful bidder. We may change any fee
charged in connection with this Agreement or assess new fees from time to time.
Any change in fees or the addition of other fees is effective after we provide
you with at least fifteen (15) days’ notice of the change by posting the change
on the Site. However, we may choose to temporarily change the fees and such
change is effective when we post the temporary change on the Site. If we offer
any services on our Site we may, in our sole discretion, change some or all of
these services. In the event we introduce a new service, any fee for that new
service is effective upon the service being posted to the Site. Unless
otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for
paying all fees associated with using our service and the Site and all
applicable taxes.
3. IDENTITY VERIFICATION.
L&N may verify the accuracy of the information you provide us when you register
on the Site, which verification you authorize by registering on this Site.
However, because user verification on the Internet is difficult, L&N cannot and
does not confirm each user’s purported identity and L&N has no responsibility to
confirm each user’s purported identity.
We do not control the information provided by other users that is made available
through our Site. You may find other user’s information to be offensive,
harmful, inaccurate or deceptive. Please use caution and common sense when
using the Site. By using this Site, you agree to accept such risks and L&N is
not responsible for the acts or omissions of users on this Site.
4. BIDDING AND BUYING.
As a buyer, you are obligated to complete the transaction if you are the highest
bidder at the end of an auction (meeting the applicable minimum bid or reserve
requirement) and your bid is accepted by us, unless the transaction is
prohibited by law or by this Agreement.
By bidding on a vehicle you agree to be bound by the conditions of sale included
in the vehicle’s description so long as those conditions of sale are not in
violation of this Agreement or unlawful. Unless you and L&N agree otherwise,
you become the vehicle’s lawful owner upon physical receipt of the vehicle and
your registration and titling of the vehicle. Bids are not retractable except
in exceptional circumstances, such as, when we materially change the vehicle’s
description after you bid or a clear typographical error is made.
You are responsible for transporting any vehicle you purchase through your use
of this Site from its place of storage. You will be responsible for obtaining
appropriate insurance on any vehicle you purchase through your use of this Site
as all risk of loss passes to you upon our notification to you that we have
accepted your successful bid. In no circumstance will L&N be responsible for
any damage occurring to any vehicle you purchase through your use of this Site
or be deemed to be your bailee.
L&N does not guarantee the information pertaining to any vehicle for sale is
absolute or accurate. L&N also does not guarantee that any vehicle currently
meets or can be modified to meet local emission and/or safety requirements.
Please bid accordingly.
All vehicles are sold in their “AS IS, WHERE IS” condition. Except with respect
to ownership of the vehicle, all vehicles are sold WITHOUT ANY WARRANTY, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE OR MERCHANTABILITY. L&N reserves the right to withdraw from
sale any vehicle for any reason. L&N also reserves the right to reject any and
all bids.
All vehicles must be paid for within 10 days of the close of the auction and
notification to you of your accepted successful bid. You must also pay any and
all Auction Closing Fees applicable to your successful bid, which Auction
Closing Fees are described on the Site. If your accepted successful bid and any
applicable Auction Closing Fees are not paid in full within 10 days of the close
of the auction and notification to you of your accepted successful bid, the
vehicle will be subject to resale and you will be charged a $25.00 bid
cancellation fee. All fees and charges must be paid in full before access to
another sale will be granted.
All payments must be by cash or official money orders, cashier’s check,
certified check or business check, with bank guarantee, made payable to L&N.
Your accepted successful bid and any applicable Auction Closing Fees must be
paid in full before you may take possession of the vehicle purchased. All
transfer fees and all fees for titling and license must be paid by you. You
will be responsible for obtaining appropriate insurance on the vehicle as all
risk of loss passes to you upon our notification to you that we have accepted
your successful bid.
5. INFORMATON ABOUT YOU.
“Information About You” is defined as any information you provide to us in the
registration or bidding process, in any public message areas or through any
email feature either existing now or in the future on the Site. You are solely
responsible for Information About You, and we act as a passive conduit for your
online distribution and publication of Information About You.
Information About You and your activities on the Site shall not (a) be false,
inaccurate or misleading, (b) be fraudulent, (c) infringe any third party’s
copyright, patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy, (d) violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer
protection, unfair competition, antidiscrimination or false advertising), (e) be
defamatory, trade libelous, unlawfully threatening or unlawfully harassing, (f)
be obscene or contain child pornography or be harmful to minors and shall be
distributed only to people legally permitted to receive such content, (g)
contain any viruses, Trojan horses, worms, time bombs, easter eggs or other
computer programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, date or personal
information, or (h) create liability for us or cause us to lose (in whole or in
part) the services of our ISP or other suppliers.
Solely to enable us to use the information you supply us with, so that we are
not violating any rights you might have in that information, you agree that you
are granting to us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub licensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you have in
Information About You, in any media now known or not currently known, with
respect to Information About You. We will only use Information About You in
accordance with the terms set forth in this Agreement.
6. ACCESS AND INTERFERENCE.
Much of the information on the Site is updated on a real time basis and is
proprietary or is licensed to us 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 written permission. Additionally,
you agree that you will not (a) take any action that imposes or may impose, in
our sole discretion, an unreasonable or disproportionately large load on our
infrastructure, (b) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except Information About You) from
the Site without the prior expressed written permission of L&N and the
appropriate third party, as applicable, (c) interfere or attempt to interfere
with the proper working of the Site or any activities conducted on the Site or
(d) bypass measures we may use to prevent or restrict access to the
Site.
7. BREACH.
Without limiting other remedies we may have, we may limit your activity,
immediately remove your bid or bids on vehicle listing or listings, warn other
users of your actions, issue a warning to you, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to let you bid on any vehicle if
(a) you breach this Agreement, (b) we are unable to verify or authenticate any
information you provide to us or (c) we believe that your actions may cause
financial loss or legal liability for us.
8. PRIVACY.
We do not sell or rent personal information to third parties for their marketing
purposes without your explicit consent and we only use your information as
described in this Agreement. We view protection of users’ privacy as a very
important principle. If you object to Information About You being transferred
or used in this way, please do not use this Site.
9. NO WARRANTY.
WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SITE “AS
IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE,
OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGMENT.
10. LIABILITY LIMIT.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR THIS AGREEMENT, HOWEVER
ARISING, INCLUDING NEGLIGENCE.
OUR LIABILITY AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY OR (B) $100.00.
11. INDEMNITY.
You agree to indemnify and hold us and, as applicable, our officers, directors,
agents 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 any third
party.
12. COMPLIANCE.
You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our Site and your bidding on
vehicles listed on our Site.
13. NO AGENCY.
You and L&N are independent contractors and no agency, partnership, joint
venture, employee-employer, franchisee-franchisor relationship is intended or
created by this Agreement.
14. NOTICES.
Except as explicitly stated otherwise, any notices shall be give by postal mail
to L&N Federal Credit Union Attn: Linda Snodgrass, Sr. V. P. of Lending, 9265
Smyrna Road, Louisville, Kentucky 40229 or to the email address you provide to
us during the registration process. Notice is deemed given 24 hours after an
email is sent unless the sending party is notified that the email address is
invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address you provided to us during
the registration process. In such cases where notice is given by mail, notice
shall be deemed given three (3) days after the date of mailing.
15. RESOLUTION OF DISPUTES.
In the event a dispute arises between you and L&N, our goal is to provide you
with a neutral and cost effective means of quickly resolving the dispute.
Therefore, you and L&N agree that any claim or controversy at law or at equity
that arises out of this Agreement (the “Claims”) shall be resolved in accordance
with one of the paragraphs set forth below or as otherwise mutually agreed upon
in writing by the parties. Before resorting to these alternatives, we encourage
you to first directly contact us to seek a resolution. We will consider
reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation, as an alternative to
litigation.
For any Claim (excluding Claims for injunctive relief or other equitable relief)
where the total amount of the sought award is less than $10,000.00, you and L&N
may elect to resolve the dispute through binding arbitration conducted by
telephone, on-line and/or based solely upon written submissions where no
in-person appearance is required. In such cases, the arbitration shall be
administered by the American Arbitration Association in accordance with its
applicable rules, or any other established alternative dispute resolution
provider mutually agreed upon by the parties. Any judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction
thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction
located in Jefferson County, Kentucky. You and L&N agree to submit to the
personal jurisdiction of the courts located within Jefferson County,
Kentucky.
Alternatively, L&N will consider use of other alternative forms of dispute
resolution, such as binding arbitration to be held in Jefferson County,
Kentucky.
All Claims (excluding requests for injunctive or equitable relief) between the
parties must be resolved using the dispute resolution method that is selected in
accordance with this Section of the Agreement by the first party to file a
Claim. Should either party file an action contrary to this Section of the
Agreement, the other party may recover attorneys’ fees and costs, provided that
the party seeking the award has notified the other party in writing of the
improperly filed Claim, and the other party has failed to withdraw the
Claim.
16. GENERAL.
This Agreement shall be governed in all respects by the laws of the Commonwealth
of Kentucky, except for the choice of law provisions, as such laws are applied
to agreements entered into and to be performed within the Commonwealth of
Kentucky between Kentucky residents.
L&N does not guarantee continuous, uninterrupted or secure access to our Site
and the operation of the Site may be interfered with by numerous factors outside
of L&N’s control.
If any provision of this Agreement is held invalid or unenforceable by a court
of competent jurisdiction, such provision shall be struck but the remaining
provisions of this Agreement shall be enforced.
You agree that this Agreement may be automatically assigned by L&N in its sole
discretion.
Headings used in this Agreement are for reference purposes only and in no way
define, limit, construe or describe the scope or the extent of such
section.
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.
Sections 2 (Fees and Services), 5 (Information About You), 6 (Access and
Interference), 10 (Liability Limit), 11 (Indemnity) and 15 (Resolution of
Disputes) shall survive the termination or expiration of this Agreement.
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Transmitted: 9/9/2010 7:12:02 AM
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