Bidder's Terms

These BIDDER’S TERMS (these “Bidder’s Terms”) govern your access and use of www.aucto.com (the “Site” or “Website”), operated by Aucto Inc. (collectively with its affiliates and subsidiaries, “Aucto”, “we”, “our” or “us”) and the services set forth therein. These Bidder’s Terms are in addition to Aucto’s Privacy Policy, the Aucto Website Terms and Conditions, any Seller’s Terms, and the terms and conditions of any other agreement you may have with Aucto for products, services or otherwise. In the event of a conflict between these Bidder’s Terms and any such other agreement, the other agreement will control. You, the user, accept these Bidder’s Terms by using the Site and/or clicking below, effective immediately upon such acceptance (the “Effective Date”).

I. Definitions.

(a) “Absentee Bid” means a bid placed automatically by Aucto’s bidding technology on behalf of a Bidder up to the Bidder’s Max Bid.
(b) “Bidder” means a person holding a Verified Bidder Account.
(c) “Max Bid” means the highest amount entered by a Bidder that the Bidder is willing to pay for a lot in an Online Auction or Webcast Auction.
(d) “Online Auction” means an auction event where all bidders are required to bid online only.
(e) “Seller” means a person or entity approved to sell on the Site.
(f) “Services” means (i) browsing the Site; (ii) communicating with Sellers; (iii) bidding in Online Auctions and Webcast Auctions, upon approval from Sellers; (iv) purchasing items for sale; (v) using Aucto’s Bidder Portal to manage bids, purchases, payments and shipments; and (vi) using Aucto’s Payment Distributor to pay for purchases.
(g) “Verified Bidder Account” means a purchasing account which is verified by Aucto upon receiving a valid and accepted credit card. Verified Bidder Account holders can purchase items from Aucto’s Marketplace and register for Online Auctions and Webcast Auctions.
(h) “Webcast Auction” means an auction event where bidders may bid online or bid in person.

II. Account and User Access.

(a) To access and use the Services, you must hold a Verified Bidder Account on the Site, in accordance with and subject to the Aucto Website Terms and Conditions. Any reference to a user account in the Aucto Website Terms and Conditions shall also include Verified Bidder Accounts.
(b) Aucto reserves the right to remove or alter all or a part of the Services at its sole discretion; with or without notice to the Bidder.
(c) You acknowledge and agree that Aucto’s ability to provide the Services may be hindered or interrupted by technical problems caused as a result of internet connectivity issues, faults in Aucto’s Website, network, technology, servers, software and hardware or errors caused by Aucto’s Auction Controller staff (“Technical Malfunctions”). Under no circumstances, shall Aucto be liable to the Bidder, its affiliates or any third party for any damages, real or perceived, caused by Technical Malfunctions.

III. Seller Approval.

(a) Each Seller hosting an Online Auction and/or Webcast Auction on the Site reserves the right to review Bidder profiles and accept or reject Bidders to participate in their event at Seller’s sole discretion.
(b) Each Seller reserves the right to request additional information or a monetary deposit as a condition to approve a Bidder to participate in their sale event.
(c) Aucto is not a party to any agreement made between a Bidder and a Seller.

IV. Placing Bids.

(a) Upon approval from the Seller, Bidders may place bids on the lot(s) they wish to purchase in Online Auctions or Webcast Auctions. At the time of auction expiration, the Bidder with the highest bid on each lot will be considered the winning Bidder, pending approval from the Seller.
(b) You may place a Max Bid on a lot in an Online Auction or Webcast Auction. When you place a Max Bid, Aucto’s bidding technology will automatically place Absentee Bids on your behalf on that lot up to the Max Bid.
(c) Online Auctions on Aucto may have a time extension. If a bid is placed on a lot in the last minute prior to the time expiring on that lot, the bidding time on that lot will be extended for a pre-determined period of time.
(d) In a Webcast Auction, Aucto will communicate the leading online bid to the Seller. You acknowledge and agree that any bid you place is subject to the approval of the Seller. The Seller reserves the ultimate right to accept or reject any bid communicated by Aucto on your behalf.
(e) Once a bid is placed, it is considered final and binding. A Bidder may not remove or cancel a placed bid without express permission from the Seller.
(f) By placing a bid on a lot, the Bidder acknowledges and agrees to abide by all terms set forth in this agreement and the Seller’s Terms.
(g) The Seller may choose to publish the auction results at the time of auction expiration. You acknowledge and agree that bids placed by you on the Site may be visible to public on Aucto.com.
(h) You acknowledge that an auction event or lot for sale may be removed from the Site and excluded from a sale at the Seller’s sole discretion.

V. Purchase and Sale Agreements; Disclaimers.

(a) If you are the winning Bidder in any auction, or if you purchase an item from the Site, you will be entering into a purchase and sale agreement directly with the Seller. You as the Bidder assume all risk and liability associated with any agreement you enter into with a Seller on the Site.
(b) Aucto has no control over items sold on the Site and Aucto does not review or evaluate the condition, quality or origins of the items sold or verify the claims made by each seller regarding its items listed for sale on the Site.
(c) Aucto has no control over the terms governing each sale event set out by Sellers on the Site (the “Seller’s Terms”).
(d) AUCTO IS NOT A SELLER ON THE SITE AND IS NOT A PARTY TO ANY PURCHASE AND SALE CONTRACT YOU ENTER INTO WITH ANY SELLER ON THE SITE.
(e) AUCTO EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ON ANY ITEMS LISTED FOR SALE ON THE SITE. ALL ITEMS SHOULD BE CONSIDERED IN “AS-IS, WHERE-IS” CONDITION UNLESS STATED OTHERWISE BY THE SELLER.
(f) Aucto shall not be held liable for any act or omission of any Seller on the Site.

VI. Fees.

(a) Aucto does not charge any registration fees to Bidders for registering an account on the Site.
(b) You hereby acknowledge and agree that any item you bid on or purchase on the Site may be subject to the following charges; in addition to the bid amount: (i) Taxes (defined below); (ii) shipping, handling and removal charges charged by the Seller; (iii) a Buyer’s Premium charged by the Seller and listed on the item page on the Site; OR an Aucto Buyer’s Premium, charged by Aucto and listed on the item page on the Site; and (iv) all other charges as listed in the Seller’s Terms and/or on the item page on the Site.
(c) You shall be solely responsible for and shall pay when due any sales, use, transfer, excise, VAT, or other federal, state, local or foreign taxes, duties, tariffs, fees or other assessments (and related interest and penalties) (collectively, “Taxes”) applicable to your acts or omissions related to your use of the Site, including but not limited to your purchase and/or sale of equipment and/or goods through the Site. You hereby agree to indemnify, defend and hold harmless Aucto from any and all obligation or liability to pay such Taxes.
(d) Sellers have the option to utilize Aucto Payment Gateway to process payments. With Aucto Payment Gateway, Buyers will have the option to pay via wire transfer or credit cards (VISA, MasterCard, Discover, or American Express). Paying via credit cards will only be available for orders under $5000.

VII. Payment of Aucto Buyer's Premium.

(a) Some items available for sale on the Site may be subject to an Aucto Buyer’s Premium. If applicable, the amount of the Aucto Buyer’s Premium will be clearly displayed when you place a bid on the item or add the item to your cart.
(b) Any Aucto Buyer’s Premium due will be invoiced along with your purchase and is due immediately upon receipt of invoice.
(c) The Aucto Buyer’s Premium is paid automatically to Aucto when a Bidder makes a payment to the Seller using Aucto’s Payment Distributor. You acknowledge and agree to pay to Aucto the Aucto Buyer’s Premium due. You further acknowledge and agree that any Aucto Buyer’s Premium due will be automatically deducted from the payment you make to the Seller.
(d) If taxes apply to the Aucto Buyer Premium, they will be added to the Aucto invoice for the Buyer Premium.

VIII. Bidder Obligations.

(a) You agree to comply with all obligations set forth in the Aucto Website Terms and Conditions and Privacy Policy.
(b) You acknowledge and agree that you are solely responsible for performing any due diligence on any item you wish you to bid on or purchase on the Site.
(c) Placing a bid in an auction-style event, making an offer to purchase, or committing to buy an item on the Site is a legally binding obligation. If you are the successful buyer, you agree to pay the amount of your bid, plus all applicable taxes and charges and any buyer’s premium, in the time and manner designated by the Seller and as set forth herein.
(d) You further agree to comply with the Seller’s Terms, as posted on each particular auction, liquidation, or sale, and with all applicable laws, rules, and regulations. If you fail to pay any amounts owed, Aucto may, in it’s sole discretion, temporarily or permanently terminate your user account and/or deny you access to the Site, and Aucto expressly reserves the right to exercise any and all rights, and pursue any and all legal remedies, that it may have, in law or equity.
(e) You acknowledge and agree that Aucto will not, at any time, act as an agent on behalf of any Bidder or Seller.
(f) You acknowledge and agree that Aucto monitors a Bidder’s bidding history, login history, IP address and other browsing history which it may make available to a Seller upon request.

IX. Modifications.

We reserve the right to alter, modify or change these Bidder’s Terms, our products, services or any other content of the Site, at any time and in our sole discretion. We do not, however, make any commitment to update such materials. Any alteration, modification or change will be effective immediately upon posting on the website, and you waive any right you may have to receive specific notice of such alteration, modification or change. Frequently review these Bidder’s Terms and all applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree with these Bidder’s Terms, or to any alteration, modification or change, you must stop using the Site and Services. Your continued use of the Site or any service from Aucto following the posting of any alterations, modifications or changes constitutes your acceptance.

X. Governing Law; Venue.

These Bidder’s Terms shall be governed by and construed under the laws of the State of Ohio without regard to any conflicts of laws principles. Any claims or disputes regarding these Bidder’s Terms shall be exclusively heard in the state courts of the State of Ohio, Fulton County or in the U.S. District Court, Northern District of Ohio, and the parties hereto consent to the exclusive personal jurisdiction of venue in such court. The parties waive any defense based upon forum non conveniens, lack of jurisdiction and they hereby waive trial by jury.

XI. Miscellaneous.

You shall not assign any of your rights or delegate any of your duties or obligations under these Bidder’s Terms, whether by operation of law or otherwise, without the prior written consent of Aucto. The headings in these Bidder’s Terms are for reference only and shall not affect the interpretation of these Bidder’s Terms. No agency, partnership, joint venture, or employment relationship is intended or created by these Bidder’s Terms. If any provision of these Bidder’s Terms are held invalid or unenforceable in any respect, the parties agree that such term or provision will be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law, and the remainder of these Bidder’s Terms and all other provisions hereof will not be affected thereby. No failure or delay in exercising any right under these Bidder’s Terms shall operate as a waiver of such right, and no single or partial exercise of any such right shall preclude any other or further exercise of such right or any other right. The provisions of these Bidder’s Terms shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, and permitted assigns.

Terms and Conditions

These TERMS AND CONDITIONS (this “Agreement” or these “Terms and Conditions”), together with Aucto's Privacy Policy and any Auctioneer's Terms and/or Seller's Terms (as such terms are defined herein), govern your access and use of www.aucto.com (the “Site” or “Website”), operated by Aucto Inc. (collectively with its affiliates and subsidiaries, “Aucto”, “we", “our” or "us"), and the services set forth therein, including but not limited to listing, selling or purchasing items for auction, liquidation, or sale (the “Services”). These Terms and Conditions are in addition to the terms and conditions of any other agreement you may have with Aucto for products, services or otherwise. In the event of a conflict between these Terms and Conditions and any such other agreement, the other agreement will control. You, the user, accept this Agreement by using the Site and/or clicking below, effective immediately upon such acceptance (the “Effective Date”).

I. Grant of License.

Subject to your compliance with these Terms and Conditions, Aucto hereby grants to you, a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Site to support your business and to buy, sell, auction, and/or liquidate equipment and goods. We may, during the course of providing the Services, have access to, and acquire knowledge of your material, data, systems and other information related to your use of the Services which may not be accessible or known to the general public, including, but not limited to, customer data, prospect data, other information related to your use of the Services, including, without limitation, web browser, operating system, device, IP address, usage habits such as (a) time spent on pages, (b) pageviews per visit, (c) number of visits, (d) actual usage, (e) number of leads, (f) time to first action, (g) number of appointments, (h) number of follow ups per lead, (i) lead sources, statuses, materials, (j) other statistic we track with the Services; and/or (k) screen movement (collectively the “Usage Data”). By using the Services, you acknowledge that we have the right to use the Usage Data as we may determine from time to time, including, but not limited to in conjunction with providing the Services and/or marketing industrial equipment.

II. Account Registration; Eligibility.

By accepting these Terms and Conditions and/or registering a user account with Aucto, you represent and warrant that you are at least eighteen (18) years of age and that you meet all other requirements contained in these Terms and Conditions. You further represent and warrant that you (a) have the right, authority, and capacity to enter into this Agreement and will abide by all of the terms set forth herein (and if you are accepting these Terms and Conditions on behalf of any entity, you represent and warrant that such entity will be responsible for your violation of these Terms and Conditions); (b) will not register for more than one account; (c) will not provide false or misleading information about yourself or any items you list for sale or auction; (d) will not create any username or post any information that is offensive, rude, disparaging, or intended to deceive or delude other Aucto users; (e) will maintain the security of your password and accept all risks of authorized and unauthorized access to your account and the information you provide to us; and (f) will not violate the intellectual property or privacy rights of any third party. User accounts are non-transferable. Only you may use your user account. You agree to be liable for all activities that are undertaken using your user account, including any activities that are offensive, unlawful or in violation of these Terms and Conditions. You hereby acknowledge that you will not be permitted to participate in any auctions, liquidations, or sales on the Site until Aucto verifies your user account. Aucto verifies your account by collecting contact information (including, but not limited to, legal company name, street address, employer identification number, and, if applicable, auctioneers' license numbers and states) and credit card information from you, transmitting such information to PayPal via encrypted secure servers, and conducting a background check in accordance with all applicable laws. We reserve the right to request additional information from you to verify your account. We may disallow any buyers or sellers from using the Site or registering a user account, in our sole discretion.

III. Account Termination.

Aucto may, in Aucto's sole discretion, temporarily or permanently terminate your user account, and/or deny you access to the Site, if we determine or suspect, in our sole discretion, that you have violated these Terms and Conditions, any laws, rules or regulations, or the rights of our other users or other third parties.

IV. Auctioneer Obligations.

Each person acting as an auctioneer on Aucto shall be licensed in the jurisdiction in which they conduct business. Auctioneers must post their own special terms of sale governing each particular auction (“Auctioneer's Terms”). As an auctioneer, you represent and warrant that you will:
(i) maintain proper auctioneers' licenses;
(ii) comply with the Auctioneer's Terms;
(iii) maintain a good account standing with Aucto;
(iv) comply with all applicable laws, rules, and regulations.

V. Seller Obligations.

Dealer/Resellers and Private Sellers are collectively referred to herein as “Sellers.” Sellers must post their own special terms of sale governing each particular auction, liquidation, or sale (“Seller's Terms”), including but not limited to a detailed return policy and a privacy policy. In the event that a Seller modifies the Seller's Terms governing an open auction or sale, Aucto may notify all buyers participating in the event of such modifications. Any participating buyer who does not receive such notice shall have the right to retract its bid or offer. As a Seller, you agree to:
(i) comply with the Seller's Terms and Auctioneer's Terms, if applicable;
(ii) ship any purchased equipment or goods in a timely manner upon receiving notice of payment;
(iii) respond to and resolve any and all buyer complaints in a timely manner;
(iv) maintain a good account standing with Aucto;
(v) comply with all applicable laws, rules, and regulations.

VI. Buyer Obligations.

Placing a bid in an auction-style event, making an offer to purchase, or committing to buy an item is a legally binding obligation. If you are the successful buyer, you agree to pay the amount of your bid, plus all applicable taxes and charges (including the Aucto Buyer's Premium), in the time and manner designated by the Seller. You further agree to comply with the Seller's Terms and/or Auctioneer's Terms, as posted on each particular auction, liquidation, or sale, and with all applicable laws, rules, and regulations. If you fail to pay any amounts owed, Aucto may, in Aucto's sole discretion, temporarily or permanently terminate your user account and/or deny you access to the Site, and Aucto expressly reserves any and all right to exercise any and all rights, and pursue any and all legal remedies, that it may have, in law or equity.

VII. Warranties.

You hereby represent and warrant that you, and your employees, contractors, representatives and/or agents, shall not: (a) copy, duplicate, distribute, alter, modify, adapt, translate, reverse engineer, decompile, disassemble or make derivative works of the Site; (b) use the Site to create any product or service that competes with the Site or any component of the Site; (c) use any part of the Site for the purpose of violating, or in a manner that violates, any foreign, federal, state or local law, rule or regulation; (d) use the Site in a manner that infringes or violates any intellectual property rights, publicity, privacy, confidentiality, contractual or other rights; (e) transmit information that is defamatory, offensive, invasive of privacy, deceptive, misleading, false, harmful to minors, abusive, or obscene; (f) send or store viruses, worms, time bombs, Trojan horses and other malicious code, files, scripts, agents or programs in connection with the use of the Site; (g) use the Site to make offers to buy or sell outside of Aucto; and (h) violate the Rules and Restrictions set forth in Section VII below. You further represent and warrant that you are solely responsible for the completeness and/or accuracy of any information you input into the Site.

VIII. Rules and Restrictions.

a. You may not use Aucto's name, trademarks, or service marks, whether or not registered, without the express written consent of Aucto. We are the sole owner of all intellectual property relating to the Site and the Services, and you are strictly prohibited from copying, downloading, transferring, mimicking, or duplicating in any form, the information, ideas, images, designs, graphics, concepts, or HTML codes displayed or utilized on the Site or Services. All data entered into, and generated by, the Site or Services will remain the sole property of the authorized user, however, we have the right to use all data entered into the Site or Services at our sole discretion. No ownership rights or any other rights are transferred by this Agreement, other than the right to use the Site and Services as provided herein;
b. Violations to Aucto's system or network security are prohibited and can result in criminal and civil liability. Continuous attempts to infiltrate or damage Aucto's network security and/or systems may be treated as violations. Aucto will investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected;
c. As a Seller, you are ultimately responsible for the legality of any item you offer for sale on Aucto and the listing describing that item. If your item or listing violates these Terms and Conditions or is reported to Aucto by an intellectual property rights owner as violating its rights, the listing may be removed from Aucto;
d. You will not advertise or otherwise solicit funds, goods, or services other than auctions and/or listings for sale permitted by Aucto;
e. You may not use unauthorized third-party bidding or bid tracking software;
f. You may not create multiple accounts for the same individual or entity;
g. As a Seller, you and your agents may not bid on your own listings for sale or on auctioned equipment or goods that you own;
h. Each Seller has the right to reject any buyer from its sale or auction, in such Seller's sole discretion;
i. Aucto reserves the right to accept or reject any or all listings for sale, auction, or liquidation events, and we further reserve the right to review, edit, or remove any such listing for sale, auction, or liquidation event that violates these Terms and Conditions, in our sole discretion.

IX. Disclaimers.

Aucto hosts auctions, liquidations, and listing of items for sale, but the actual contract for sale of an item is between the buyer and seller, and not Aucto. Aucto is not an auction house and is not conducting the auctions or liquidations. We are solely a passive facilitator that connects auctioneers, sellers, and buyers, and we have no affiliation with or control over auctioneers or sellers or over their operations of the actual auctions, liquidations, or listings. Aucto does not provide dispute resolution; any dispute arising between a buyer and seller is solely between such buyer and seller. Aucto is not responsible for the content or accuracy of any auctioneers' or sellers' postings. Aucto does not review or evaluate the quality or origins of the items sold or verify the claims made by each seller regarding its items listed for sale. We also do not guarantee that auctioneers maintain proper auctioneers' licenses or comply with all applicable laws, rules, and regulations. Aucto does not guarantee results for auctioneers, sellers, or buyers, and Aucto is not responsible for any real or perceived loss in revenue or profits.

While Aucto may use any information you input into the Site to market equipment to potential buyers, Aucto does not guarantee that it will engage in specific marketing efforts for Sellers or Auctioneers. Aucto's marketing efforts are determined in its sole discretion.

YOUR USE OF AUCTO IS AT YOUR SOLE RISK. THE WEBSITE AND ALL STATEMENTS CONTAINED IN IT ARE PRESENTED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Aucto does not guarantee the accuracy of the Services or content on the Website. The materials appearing on the Website could include technical, typographical, or photographic errors. Aucto uses reasonable efforts to include up-to-date and accurate information on the Website, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. Aucto does not guarantee continuous or secure access to the Website. Aucto does not guarantee that any item listed for sale on Aucto will be searchable. Aucto may delete any content that violates its policies, in Aucto's sole discretion and without notice to you.

X. Release, Indemnification, and Limitation of Liability.

You hereby release Aucto, and its and directors, officers, employees, and agents, from any liability, including negligence, in connection with the Site and any related services, and from any loss or expense suffered by you resulting directly or indirectly therefrom including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses of any kind whatsoever resulting directly or indirectly from:
  • the content you provide (directly or indirectly) using the Site;
  • your use of or your inability to use our Site;
  • delays or disruptions in our services;
  • viruses or other malicious software obtained by accessing or linking to our Site;
  • glitches, bugs, errors, or inaccuracies of any kind in our services; or
  • the content, actions, or inactions of third parties, including items listed using our Site

You agree to defend, indemnify and hold harmless Aucto and its affiliates, and each of their respective directors, officers, employees, and agents from and against all third-party claims, losses, liabilities, costs, expenses, demands, fines, and penalties (including without limitation reasonable attorneys' fees and costs) arising from or relating to: (i) your access to or use of the Services; (ii) your negligence or misconduct or that of your employees, agents, or independent contractors; (iii) the breach of any of your obligations hereunder; and (iv) any and all claims of ownership or right to possession of any of the equipment/goods listed for auction, liquidation, or sale on the Site, or the sale proceeds thereof.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 6 months prior to the action giving rise to the liability; or (b) $100.

XI. Special Promotions.

Aucto may, in its sole discretion, choose to offer special promotions from time to time. Special promotions shall only be valid if they are announced on Aucto and may only be valid for a limited time. Once the advertised time limit of any special promotion has been reached, or the relevant auction, liquidation, or sale has ended, such special promotion is also finished.

XII. Modifications.

We reserve the right to alter, modify or change these Terms and Conditions, our products, services or any other content of the Site, at any time and in our sole discretion. We do not, however, make any commitment to update such materials. Any alteration, modification or change will be effective immediately upon posting on the website, and you waive any right you may have to receive specific notice of such alteration, modification or change. Frequently review these Terms and Conditions and all applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree with these Terms and Conditions, or to any alteration, modification or change, you must stop using the Site and Services. Your continued use of the Site or any service from Aucto following the posting of any alterations, modifications or changes constitutes your acceptance.

XIII. Assignment.

Except as otherwise provided herein, you shall not assign, sell, convey, sublicense or otherwise transfer your rights or obligations hereunder, or any component thereof or any right or interest therein, either voluntarily or involuntarily, directly or indirectly, whether by operation of law or otherwise, without the express written consent of Aucto.

XIV. Governing Law; Venue.

This Agreement shall be governed by and construed under the laws of the State of Ohio without regard to any conflicts of laws principles. Any claims or disputes regarding this Agreement shall be exclusively heard in the state courts of the State of Ohio, Fulton County or in the U.S. District Court, Northern District of Ohio, and the parties hereto consent to the exclusive personal jurisdiction of venue in such court. The parties waive any defense based upon forum non conveniens, lack of jurisdiction and they hereby waive trial by jury.

XV. Miscellaneous.

Headings used in this Agreement are intended, and shall for all purposes be deemed to be, for convenience only and shall have no force or affect whatsoever in the interpretation of this Agreement. No agency, partnership, joint venture, or employment relationship is intended or created by this Agreement. If any provision of this Agreement is held invalid or unenforceable in any respect, the parties agree that such term or provision will be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law, and the remainder of this Agreement and all other provisions hereof will not be affected thereby. The failure of either party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each and every such provision thereafter. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors, and permitted assigns. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.

Privacy Policy

Aucto respects the personal information of its clients, employees and other individuals and is committed to its protection. This Commitment Statement explains the type of personal information we collect about individuals and how we handle that information. We encourage you to review this Commitment Statement. In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) is federal legislation that establishes certain expectations for an organization's personal information handling practices. It addresses the practices of collecting, using, disclosing, protecting and providing access to an individual's personal information. Our commitment is based on the principles of personal information handling contained in PIPEDA. Responsibility for the day to day handling of personal information in accordance with this commitment will be shared by all Aucto employees at all levels of the organization. Aucto's personal information handling practices are guided by the following 10 Principles.
Principle 1: Identify the Purposes for Collection

The purposes for which personal information is collected shall be identified at or before the time the information is collected.


Principle 2: Limit the Collection

The collection of personal information will be limited to that which is necessary for the purposes identified. Information shall be collected by fair and lawful means.


Principle 3: Obtain Consent

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.


Principle 4: Limit Use, Disclosure and Retention

Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.


Principle 5: Ensure Accuracy

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.


Principle 6: Use Appropriate Safeguards

Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.


Principle 7: Provide Access

Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.


Principle 8: Challenging Compliance

An individual shall be able to address a challenge concerning the Aucto's compliance with these 10 principles to the individual or individuals designated under Principle 9.


Principle 9: Be Accountable

Aucto is responsible for personal information under its control and shall designate an individual or individuals who are accountable for its compliance with these 10 principles.


Principle 10: Be Open about Our Personal Information Handling Policies and Practices

Aucto will make readily available to individuals specific information about our policies and practices relating to the management of personal information.


What is personal information?

Personal information is information that can identify you. It can include your name, home address and telephone number, e-mail address, payment records, credit information, and information about your preferences for products and services.

Why does Aucto collect personal information?

We collect personal information that we need to:

  • establish and maintain our relationship with our customers,
  • understand, analyze and evaluate our customers' needs and eligibility for our products and services,
  • provide our products and services to our customers,
  • maintain the safety of our operations and facilities, and
  • comply with applicable laws.
  • We need your consent to collect, use and disclose your personal information.

What personal information does Aucto collect?

We may collect the following types of personal information:

  • Information about your identity , including your name, address and phone numbers, e-mail address, and other identifying information.
  • Information we receive from you, including details of your employment history, on applications.
  • Information about your interactions with us , such as a purchase of a product or service.
  • How does Aucto protect personal information?

How does Aucto protect personal information?

Aucto is dedicated to safeguarding personal information while it is in our custody.

  • We have security standards in place to protect personal information from misuse and unauthorized access.
  • We communicate with our employees and third parties about the importance of handling personal information in accordance with our standards and applicable laws.
  • We store personal information with appropriate safeguards such as locked files or secure computers that are password protected.
  • We hold personal information only for as long as we need it for the intended purpose and as required by our policies or applicable laws.

Does Aucto need my consent?

Yes . We need your consent to collect, use, and disclose your personal information. If you have already provided us with personal information, we would like to continue to use and disclose it for the purposes for which it was collected.


If you do not contact us we will assume that we may continue to do this in accordance with the standards described in this Commitment Statement.


Do I have a choice?

Yes. You may refuse to provide your consent or you may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice.


We will respect your choice, but in certain circumstances this may limit our ability to maintain our existing relationship with you.


You may also ask us about your personal information and notify us of any corrections that may be necessary.