IMD Auctions

Terms & Conditions

Last updated: December 2024

1. Acceptance of Terms

Welcome to IMD Auctions. These Terms and Conditions ("Terms") govern your access to and use of the IMD Auctions website, platform, and services (collectively, the "Platform"). IMD Auctions is operated by Source 360 Media, LLC

By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

We reserve the right to modify these Terms at any time. Your continued use of the Platform after any changes constitutes acceptance of the modified Terms.

2. Platform Description

IMD Auctions is an industrial machinery auction and marketplace platform that connects buyers, sellers, auction companies, dealers, and service providers in the industrial equipment industry.

Important Disclaimer: IMD Auctions is an information and listing platform only. We do not conduct auctions, sell equipment, broker transactions, or take custody of any machinery. All transactions occur directly between buyers and sellers or through the respective auction companies.

We provide a venue for listing auctions and machinery, but we are not a party to any transaction. We do not guarantee the accuracy of listings, the quality of equipment, or the completion of any sale.

3. Eligibility

To use our Platform, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding agreements
  • Not be prohibited from using the Platform under applicable laws
  • Provide accurate and complete registration information
  • If representing a company, have the authority to bind that company to these Terms

4. User Accounts

Account Registration

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

Account Types

  • Viewer/Buyer Account: Browse listings and contact sellers
  • Company Account: Post and manage auction and machinery listings
  • Company Admin: Full control over company profile and team members
  • Company Editor: Create and edit listings on behalf of the company

5. Company Accounts

Company Registration

Companies wishing to post listings must complete the company registration and verification process. By registering a company, you represent that you have authority to act on behalf of that company.

Administrator Responsibilities

Company administrators are responsible for:

  • Maintaining accurate company profile information
  • Managing team member access and permissions
  • Ensuring all listings comply with these Terms
  • Responding to buyer inquiries in a timely manner
  • Managing billing and subscription payments

Listing Accuracy

Companies are solely responsible for the accuracy of their listings, including descriptions, specifications, images, pricing, and availability. Misrepresentation may result in account suspension or termination.

6. Listings & Content

License Grant

By posting content (including listings, images, descriptions, and company information) on the Platform, you grant IMD Auctions a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content for the purpose of operating and promoting the Platform.

Content Standards

All content must:

  • Be accurate and not misleading
  • Not infringe on any third-party intellectual property rights
  • Not contain malware, viruses, or harmful code
  • Comply with all applicable laws and regulations
  • Not be defamatory, obscene, or offensive
  • Relate to legitimate industrial machinery or auction services

7. Intellectual Property

The Platform, including its design, features, content, and functionality, is owned by IMD Auctions and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Platform or included content without our express written permission.

DMCA Notice

If you believe that content on our Platform infringes your copyright, please contact us with a detailed notice including: identification of the copyrighted work, identification of the infringing content, your contact information, and a statement of good faith belief that the use is not authorized.

8. Fees & Payment

Free Services

Basic company profiles and standard auction listings are provided free of charge.

Paid Services

Premium features, promotions, featured placements, and certain advanced services require payment. Pricing is displayed on our Platform and may change at any time with notice.

Invoicing & Payment Terms

For invoiced services, payment is due within 30 days of invoice date unless otherwise specified. Late payments may incur additional fees and may result in service suspension.

Refunds

Refunds for paid services are handled on a case-by-case basis. Generally, fees for services already rendered are non-refundable. Contact us to discuss any refund requests.

9. Promotions & Advertising

We offer various promotional services including featured placements, newsletter inclusion, banner advertising, and social media promotion. Promotional terms are specified at the time of purchase.

IMD Auctions reserves the right to:

  • Approve or reject promotional content at our discretion
  • Remove promotions that violate these Terms
  • Modify promotional placement and scheduling
  • Discontinue promotional programs with reasonable notice

10. Prohibited Conduct

You agree not to:

  • Violate any applicable laws or regulations
  • Post false, misleading, or fraudulent listings
  • Infringe on intellectual property rights of others
  • Harvest or collect user information without consent
  • Use automated systems to access the Platform without permission
  • Interfere with or disrupt Platform operations
  • Attempt to gain unauthorized access to systems or data
  • Engage in any form of harassment or abusive behavior
  • Post spam or unsolicited commercial messages
  • Circumvent any security measures or access restrictions
  • Use the Platform for any illegal purpose
  • Impersonate any person or entity
  • Manipulate or interfere with listing rankings or search results

12. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free, or secure; that defects will be corrected; or that the Platform is free of viruses or other harmful components.

We do not guarantee the accuracy, completeness, or reliability of any listings, user content, or information on the Platform.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMD AUCTIONS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

This includes, without limitation, damages for loss of profits, goodwill, data, or other intangible losses, resulting from your use of or inability to use the Platform.

Our total liability for any claim arising from these Terms or your use of the Platform shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100.

14. Indemnification

You agree to indemnify, defend, and hold harmless IMD Auctions and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your content or listings.

15. Termination

We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Reasons for termination may include:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Extended inactivity
  • Request by law enforcement or government agencies

Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership, disclaimers, indemnification, and limitations of liability.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict of law principles.

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new "Last Updated" date and, where appropriate, by email notification.

Your continued use of the Platform after any changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

18. Contact Us

If you have questions, concerns, or feedback regarding these Terms and Conditions, please contact us:

IMD Auctions

A division of Source 360 Media, LLC

3590-B Hwy 31 South, Suite 233, Pelham, AL 35124

(785) 366-0810

lisa@imdauctions.com

Contact Form

IMD Auctions

3590-B Hwy 31 South, Suite 233, Pelham, AL 35124
(785) 366-0810