Terms of Use

Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Hightrac LLC ("Company," "we," "us," or "our") governing your access to and use of the website located at www.hightrac.com and all related services. By accessing or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our website or services.

Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our services. By using our website and services, you represent and warrant that you meet these eligibility requirements. If you are using our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

Description of Services

Hightrac LLC provides equipment auction services, including but not limited to:

• Live and online equipment auctions
• Simulcast auction events
• Equipment consignment services
• Bidder registration and verification
• Auction marketing and promotion
• Equipment inspection and cataloging

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

User Accounts and Registration

To participate in auctions, you may be required to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your account credentials confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

Auction Participation

By participating in our auctions, you agree to:

• Abide by all auction rules and conditions specific to each event
• Understand that all bids are binding and constitute a legal obligation to purchase
• Pay for all items won, including applicable buyer's premiums, taxes, and fees
• Complete payment within the timeframe specified in the auction terms
• Remove purchased equipment within the designated removal period

Equipment is sold "AS IS, WHERE IS" unless otherwise specified. Buyers are responsible for inspecting equipment prior to bidding.

Payment Terms

Payment terms are established for each auction event. Generally:

• Payment is due within the timeframe specified in the auction terms
• Accepted payment methods may include wire transfer, certified check, or other approved methods
• Buyer's premiums and applicable taxes are added to the hammer price
• Late payments may result in storage fees, interest charges, or forfeiture of purchases

Prohibited Activities

You agree not to engage in any of the following activities:

• Submitting false registration information
• Bid manipulation or collusion with other bidders
• Interfering with auction operations
• Using automated systems to place bids without authorization
• Harassing other users or our staff
• Violating any applicable laws or regulations
• Attempting to circumvent security measures
• Infringing on intellectual property rights

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIGHTRAC LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Equipment defects or condition issues
• Delays in auction services
• Errors in equipment descriptions
• Actions of third parties

Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Hightrac LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Hightrac LLC operates, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration or in the courts of competent jurisdiction, as determined by us.

Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Your continued use of our services after any modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Contact Information

For questions about these Terms of Use, please contact us: