AUCTION EDGE END USER LICENSE AGREEMENT V1.0.2

IMPORTANT - PLEASE READ CAREFULLY

This End User License Agreement, as amended and updated from time to time, is between You and Us and governs the terms and conditions applicable to Your access to and use of Our Website and Protected Systems (the "Terms"). You accept the Terms of this End User License Agreement by clicking to "accept and agree" where indicated or by simply using Our Website or other Protected Systems. If you do not agree with the Terms, do not use Our Website or other Protected Systems. The Terms include the following:

1. Expectation

1.1 Exclusive Ownership and No License to Use: As between You and Us, any and all rights to and in any materials, photos, data, information, text and relationship among the same, meta data and other content (the "Content") on the Auction Edge Website, EDGE Pipeline, EDGE Lookout websites, EDGE CR Simplified, EDGE mobile applications, EDGE Spark, EDGE ASI, EDGE AOS, related EDGE properties and services, as may be offered from time to time or which can reasonably be considered a Protected Computer, as well as syndication of such Content to authorized providers and their related properties (the “Protected Systems”) are and shall remain the sole and exclusive property of Auction Edge. You may view the Content. However, You have no license to use the Content in any other way, unless explicitly permitted by another agreement. Some examples of prohibited uses include, but are not limited to scraping images, scraping data or scraping any other information or Content. Browser plugins which leverage data or Content are explicitly prohibited. Reselling or reusing the Content is explicitly prohibited. Using the Content for machine learning of any kind, such as training an algorithm or bot, is explicitly prohibited. If you have a question on whether a particular use is permitted, contact support@auctionedge.com. EDGE Pipeline and all Protected Systems shall each and all be considered a Protected Computer according to U.S. Code, Title 18, Part 1, Chapter 47, section 1030. BE ADVISED that data scraping is a form of trespass that is actionable; data scraping violates the federal Computer Fraud and Abuse Act (“CFAA”) as a form of hacking; and data scraping is a form of copyright infringement that is actionable.

1.2 Privacy: We are committed to the privacy of our customers. If you are a business or other entity, such a corporation, limited liability company, partnership or trust, You represent and warrant to Us that You have taken all steps and measures required by all applicable law to protect the personal information or data of any natural person. As used herein, "personal information", "personal data", and "personally identifiable information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household. Our collection, use and disclosure of personally identifying information of end users is described in the Auction Edge (AE) Privacy Policy can be found on Our Website, and is fully incorporated into this Agreement by reference. By accessing the Auction Edge Website, You agree to strictly comply with the AE Privacy Policy. If you violate the AE Privacy Policy, you will be fully and solely responsible for the consequences of that violation, including any damage to Us or any other person. If you have questions about the AE Privacy Policy, You may review it in its entirety by visiting https://www.auctionedge.com/privacy.

1.3 Keeping Personally Identifiable Information Private: You will be solely responsible for the safekeeping and security of any data and other Content you access through the Auction Edge Website. You agree that you will only access the Auction Edge Website from a non-public and secure password protected internet browser and provider. Except as expressly permitted in the Auction Edge Privacy Policy, you will not store, transmit, copy or otherwise disclose or allow access to any Content that may contain personally identifiable information included therein.

1.4 Addition to or Removal of Content: We reserve the right at any time to change the Content located on Our Website or any Protected System, either by adding new Content or changing or removing existing Content. You agree that such changes may be made regardless of their impact or potential impact on You and your use of the site. You have no right to alter, remove or add Content to the Auction Edge Website, related properties and services.

1.5 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND (through counsel acceptable to Auction Edge and at Your sole cost and expense) AND HOLD AUCTION EDGE AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, DAMAGES, AND/OR COSTS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, INCURRED IN CONNECTION WITH OR ARISING OUT OF: (A) ANY BREACH OF YOUR OBLIGATION TO PROTECT THE SECURITY AND PREVENT THE DISCLOSURE OF CONTENT THAT MAY CONTAIN IDENTIFIABLE PERSONAL PRIVATE INFORMATION, OR (B) YOUR FAILURE TO STRICTLY COMPLY WITH AE PRIVACY POLICY; OR (C) YOUR VIOLATION OR BREACH OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN.

1.6 Your Liability: Violations of this End User License Agreement may result in removal of Your access to the Protected Systems indefinitely as well as Our pursuit of legal recourse against You and related parties, including pursuing damages which may be calculated at Our sole discretion. Such discretion is explicitly acknowledged by your use of the Protected Systems, regardless of where You or related parties are domiciled. BE ADVISED that data scraping is a form of trespass that is actionable; data scraping violates the federal Computer Fraud and Abuse Act (“CFAA”) as a form of hacking; and data scraping is a form of copyright infringement that is actionable.

2. Disclaimer of Warranties and Limitation of Liability

2.1 No Warranties: YOUR USE OF OUR WEBSITE AND PROTECTED SYSTEMS IS PROVIDED AS A COURTESY ONLY WITH NO REPRESENTATIONS OR WARRANTIES FROM US OF ANY KIND OR NATURE WHATSOEVER INCLUDING BUT NOT LIMITED TO THE ABSENCE OF ANY EXPRESS WARRANTY, IMPLIED WARRANTY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR ACCESS TO OUR WEBSITE AND PROTECTED SYSTEMS AND THE CONTENT POSTED THEREON IS PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTIES WHATSOEVER.

2.2 No Liability: ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT AUCTION EDGE, ITS AFFILIATES, AND ITS VENDORS AND THIRD PARTY LICENSORS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE AUCTION EDGE WEBSITE AND ANY CONTENT LOCATED THEREON.

3. MISCELLANEOUS

3.1 Changes to these Terms: We may make changes to these Terms, from time to time. We will notify You of such changes either via email to the address we have on file or via an announcement on the relevant Protected System or via an update to this Agreement as posted on EDGE Pipeline. We advise You to check the Agreement for updates from time to time and You acknowledge that it is Your responsibility to do so. You agree that Your continued use of a Protected System constitutes Your agreement with the Terms and continued agreement to comply with the Terms.

AUCTION EDGE PRIVACY POLICY V1.0.0

IMPORTANT - PLEASE READ CAREFULLY

Auction Edge, Inc. ("AE") is committed to protecting the privacy of individuals who use, visit and/or browse the Site as defined below (the "User"). This Privacy Policy governs use of the web sites that link to this Privacy Policy, including, but not limited to, www.AuctionEdge.com, www.EdgePipeline.com, www.aucsoft.com, and all related applications (the "Site").

By using, visiting or browsing the Site, User acknowledges that User has read, understood, and agreed to this Privacy Policy and any modifications that may be made to this Privacy Policy from time to time.

  1. AE Agreement. Access to various features and functions of the Site requires the User to enter into a separate agreement with AE that also includes terms and conditions with regards to the protection of User's privacy (the "AE Agreement").  This Privacy Policy does NOT replace, modify and/or supersede the terms of the AE Agreement and to the extent that there is a conflict between this Privacy Policy and the AE Agreement, the AE Agreement shall govern.

  2. Cookies. AE employs "cookie" technology to help Users navigate the Site. A cookie is a string of information that is sent by the Site and stored on User's hard drive or temporarily in User's computer's memory allowing User to navigate and search for desired information.

  3. Collection of Information. AE may collect and maintain certain information about User, including personal information, when User registers and or enters into transactions on the Site. The collection of personal information is limited to that which is necessary for the purposes identified by AE in this policy. Information is collected by fair and lawful means. If you are a natural person in the State of California, please review our Consumer Privacy Provisions which appear in Section 10 of this Privacy Policy. 

  4. Purpose of Collecting the Information. User understands and hereby authorizes AE to collect, use and disclose personal information for the following business purposes:

    1. Evaluate and improve the Site and related activities such as customer service;

    2. Tailor and enhance User's user experience;

    3. Verify the information that User provides to AE to prevent fraud;

    4. Facilitate and/or process transactions that you may enter into on the Site;

    5. Contact User to provide User with information regarding AE's business and sales;

    6. Help AE to analyze, evaluate and improve its sales and marketing strategies and techniques; and;

    7. Respond to reasonable inquiries from regulatory and/or investigative authorities.

  5. Third party products and services. The Site, in AE's sole discretion, may include links to products and services of third parties. These links are provided as a courtesy only and any third parties will provide their own independent privacy policies. AE is neither responsible nor liable for the privacy policies of the third parties.

  6. Limiting Use, Disclosure and Retention. Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with User's consent or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes or as required by law.

  7. Information – Third Parties. AE does not sell, trade, or otherwise share User's personal information with third parties. Some third parties that assist AE in operating the Site or otherwise provide integrated Site services for AE may require access to User's personal information, as long as the said third party has agreed to keep the personal information confidential. Beyond the above stated intent, any data or information provided by us to any third party will have been stripped of any data which personally identifies you, your household and your personal devices. We contract with certain third parties who provide services to us and those third parties, in the course of providing such services, may have access to your personal information but each has bound itself and agreed to keep all such information confidential. 

  8. Amendments to Policy. AE reserves the right to modify or amend this Privacy Policy at any time and for any reason. Any changes to this Privacy Policy will be preceded by a notice posted on the Site.

  9. Collection of Personal Information. We only collect the information you provide. We only require the minimum amount of personal information that is necessary to fulfill the purpose of your interaction with us. Specifically, the only personal information we collect is your name and contact information, such as your name, email address, phone number and, in the case of an individual doing business as a sole proprietor, the name of the business. We do not collect information of any kind from children under the age of 16 and we do not collect sensitive data from any person. We may be provided with your personal information by third parties. We have no control over the collection of this information, nor do we have any control or knowledge of how those third parties may use your personal information. We do not sell, rent or trade your personal information to any third party and we only use it as this Privacy Policy describes.

  10. California Consumer Privacy Provisions. If you are a natural person residing in the State of California, the California Consumer Privacy Act gives you the following rights: (a) the right to know which personal information is being collected; (b) the right to know if personal data is being sold or shared, and to whom; (c) the right to object to the sale of your personal data; and (d) the right to access your personal information; and (f) the right to equal service and price, even if you exercise your privacy rights. In addition, you have the right to require that we disclose to you certain information about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you the following: (i) the categories of personal information we collected about you; (ii) the categories of sources for the personal information we collected about you; (iii) the specific pieces of personal information we have collected about you (a "data portability request"); (iv) our business or commercial purpose in collecting this information; (iv) the categories of parties with whom we have shared that personal information; and (v) if we share or disclose your personal information for a business or commercial purpose, we will disclose to you the category of personal information that each category of recipient obtained. To access data portability and deletion rights, as described above, please submit a verifiable consumer request to us by either calling us at 206-858-4826 or emailing us at privacy@auctionedge.com. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verified consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative and describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

  11. Contacting AE. You may ask us questions regarding your rights and our obligations under the California Consumer Privacy Act by following the contact information in Section 10 of this Privacy Policy. Other questions regarding AE's Privacy Policy or information practices should be emailed to privacy@auctionedge.com or sent by mail to:

    Auction Edge, Inc.
    Attn: Privacy Policy
    95 S. Jackson Street
    Suite 100
    Seattle, WA 98104