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User Agreement

Introductory

Welcome to eLonghornsales. By using the services provided by eLonghornSales on the eLonghornSales.com website, you are agreeing to the following terms and general principles.

Before you may establish an account with eLonghornSales, you must read and accept all of the terms and conditions in, and linked to, this User Agreement.

This agreement is effective on January 1, 2009, for all users.

Using eLonghornSales

While using eLonghornSales, you will NOT:

  • Post false, misleading, inaccurate, defamatory or libelous content, including personal information about others;
  • Manipulate the price of any item or interfere with other User’s listings with the intent or result of detracting or reducing the salability of any item;
  • Fail to complete the sale or purchase of any item, unless the buyer or seller fails to meet the posted terms;
  • Fail to deliver payment for any item purchased by you within 15 days of closing, unless the seller has materially changed its description, or the item does not match the description in a material manner;
  • Use eLonghornSales if you are a minor (under the age of 18 years) or if you are not able to enter into legally binding agreements;
  • Offer for sale any items to which you do not have clear ownership or title;
  • Transfer your eLonghornSales account and user identification (ID) to another party without our written consent;
  • Alter, copy or distribute content from our website, or use eLonghornSales copyrights, trademarks, or images;
  • Harvest or collect personal information about users, including identities & email address, without their consent;
  • Post content using profane, sexist, racist, or other inappropriate language; or
  • Post items in inappropriate categories or areas of our site;
  • Fail to provide health papers for your consignment that will allow the buyer to transport the animal to its new home;
  • Fail to register or transfer registration on your consignments at your cost;
  • Fail to provide transportation for animals you purchase, unless the Seller has made a transportation offer in the “Comments” section.

Misuse or Abuse of eLonghhornSales

At eLonghornSales, we strive to keep our site and services working properly. Please report malfunctions, inaccurate or inappropriate content, and other issues to us.

Without limiting other remedies available to us, we may suspend or terminate User accounts, remove content, eliminate services, and take steps to keep Users off our site if we think they are creating problems for eLonghornSales or our customers, causing possible legal liabilities, or acting in a manner that is not consistent with the spirit or letter of our policies.

Fees

There is no charge to join eLonghornSales and to bid on any listed item. We do charge a fee to list items for sale on eLonghornSales.com. Our fee schedule is listed under “What are the Fees”, and a seller is charged the current applicable fee in effect at the time of listing an item. Rates may change on a temporary or permanent basis from time to time, and are effective when posted.

Sellers are responsible for paying all fees associated with our site in a timely manner with a valid payment method approved by eLonghornSales. If your payment method fails or your account is past due, we may suspend service and/or collect fees owed using other collection mechanisms.

Liability

You will not hold eLonghornSales responsible for other Users’ content, errors of omission or commission, and items they list for sale. You acknowledge that eLonghornSales is not a traditional auctioneer. Instead, we allow Users to use an auction format to establish a price for items listed on our site. Upon completion of that process, the transaction itself becomes a private treaty sale between seller and buyer, where the buyer makes payment directly to the seller and the seller transfers ownership and possession directly to the buyer. We are not involved in the actual transaction between buyer and seller. We have no control over and do not guarantee the health or quality of any item, the truth or accuracy of seller’s content or listings, the ability of buyers to pay or of sellers to sell, or that a buyer or seller will actually complete a transaction.

Release

If you have a dispute with any User(s), you release us (and our officers, directors, agents, subsidiaries and employees) from all claims, demands, and actual or consequential damages arising in or out of or in any way connected with such disputes.

Privacy

We do not sell or rent your personal information to third parties without your explicit consent.

Indemnity

You will indemnify and hold us (and our officers, directors, agents and employees) harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, or franchise relationship is intended or created by this agreement.

General

eLonghornSales is located at 523 E 3rd Street, Lampasas, TX 76550.

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 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. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to eLonghornSales and the subject matter hereof. The sections titled Indemnity, Release, Fees, Liability, and No Agency shall survive any termination of this Agreement.