Terms of Use

Tractor Tuesday - Terms of Use

Effective Date: July 2, 2024

Welcome to Tractor Tuesday! These Terms of Use ("Terms") are a binding agreement between you and Tractor Tuesday, LLC ("Tractor Tuesday," "we," "us," "our") and govern your use of our websites, products, services, and applications (collectively, the “Services”). By using our Services, you agree to these Terms and our Privacy Policy.

Please read these Terms carefully. They include important information regarding future changes, limitations of liability, a class action waiver, and dispute resolution through arbitration instead of in court.

Contact Information:

• Email: [email protected]
• Address: Tractor Tuesday, LLC, 85 N. Hastings Avenue, Suite 200 Hastings, NE 68901.

1. The Service: Connecting Sellers and Users

• Tractor Tuesday acts as a platform to connect equipment sellers ("Sellers") with individuals seeking to purchase equipment.
• The actual contract for the sale of any equipment listed is directly between the Seller and the one who purchases it.
• "You" refers to any user, whether a Seller, Bidder, Buyer, registered user, or unregistered user.
• Tractor Tuesday is not responsible for the quality, safety, or legality of items listed, nor the truth or accuracy of listings. We do not supervise, control, or inspect the equipment.

2. Understanding Our Sales Models: Auctions vs. Retail (Daily Deals)

Our platform facilitates two primary ways to purchase equipment:

• Auctions:
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• Process: Equipment is listed for a set period, during which interested parties place competitive bids. The individual who submits the highest valid bid when the auction concludes wins the right to purchase the equipment.
• "Bidders": Individuals or entities who place bids on equipment during an auction are referred to as "Bidders".
• Becoming a "Buyer": A "Bidder" becomes a "Buyer" (or "Successful Bidder" ) once their bid is determined to be the winning bid at the close of the auction. This Buyer is then obligated to complete the purchase.
• Pricing: The final price is determined by the competitive bidding process.
• Associated Fees: Winning Bidders (now Buyers) are responsible for a "Buyer's Fee," advertised on the site, which may change between auctions.
• Retail Sales (Daily Deals):
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• Process: Machinery advertised under "Daily Deals" is available for direct purchase from the Seller. This is not an auction format.
• "Buyers": Individuals or entities purchasing equipment through Daily Deals are "Buyers." The term "Bidder" is not applicable in this direct sales context.
• Downpayment/Service Fee: For Daily Deals, Tractor Tuesday collects a downpayment from the Buyer. This downpayment functions as Tractor Tuesday's service fee.
• Fee Responsibility: This service fee (the downpayment) is deducted from the final sale price of the equipment. This fee is an expense incurred by the selling dealership (Seller), not the Buyer.
• Pricing: The price for Daily Deals items is set for direct purchase.

3. User Accounts & Eligibility

• You may need to create an account with a password and user ID ("Tractor Tuesday User ID"). You must provide accurate, complete, and updated registration information.
• You are responsible for all activities under your account and for maintaining the security of your login details.
• You may not use a user ID you don’t have the right to use or that impersonates another person. Accounts are non-transferable without our prior written permission.
• Our Services are exclusively accessible to individuals who are legally capable of entering into contracts according to relevant laws (generally 18+ years old). The Company does not permit those under 18 to use the Service. We do not knowingly collect personally identifiable information from children under thirteen (13).
• If registering on behalf of a business entity, you confirm you have the necessary authority to bind that entity to this Agreement.

4. Seller Responsibilities

• Sellers agree to make reasonable efforts to complete a sale if there is a winning bid or a direct purchase agreement.
• Equipment listed for auction cannot be withdrawn before the auction ends.
• While equipment is listed for auction on our platform, it may not be listed or made available on any other auction, dealership, listing service, or publication.
• You are accountable for the precision and substance of the listing and the offered item.

5. Bidder & Buyer Responsibilities

• For Auctions (Bidders):
• Before acquiring equipment, Bidders must determine the suitability of the Seller's equipment.
• Each bid submitted is irrevocable and cannot be amended or corrected, even if submitted in error.
• Bidders acknowledge that their bid is binding.
• For All Purchases (Buyers):
• Buyers (whether from winning an auction or a Daily Deal purchase) are responsible for all applicable government fees and taxes for the equipment acquired.
• To participate in an auction or purchase through Daily Deals, you may need to apply and receive approval, which might involve providing credit card information. You are responsible for keeping your account information, including contact details and credit card information, up to date.

6. Auction Process Specifics

• Registration: To participate in Online Bidding, completing the online registration process is necessary.
• Bidding: During a Sale, you can place a bid by clicking the Bid Now button. Once clicked, each bid becomes final and binding.
• Auction End Times: Auctions end exactly at their specified times. However, if a bid is placed within the last two (2) minutes of an auction, the auction will be extended by an additional two (2) minutes from the time of that bid. This process will repeat until no further bids are placed in the final two-minute window.
• Tractor Tuesday reserves the right to reject registrations, withdraw bidding permission, or terminate Online Bidding accounts at its discretion.

7. Fees and Payments

• While registration is generally free, fees apply to certain services.
• Listing Fees: Sellers pay a fee to list machinery.
• Buyer’s Fee (Auctions): Winning Bidders (Buyers) in auctions must pay a percentage of the winning bid amount, with minimum and maximum limits (e.g., capped at $7,500).
• Daily Deals Downpayment/Service Fee: As described in Section 2, this is collected from the Buyer but is an expense of the Seller.
• You are responsible for all fees and applicable taxes associated with your use of the Services and any purchases.
• All fee transactions may be processed through a third-party payment provider (e.g., Stripe, Inc.). You must provide accurate and current payment information.
• Tractor Tuesday reserves the right to introduce or change fees for services with prior notification.
• Tractor Tuesday is not responsible for finalizing the transaction processing of the final sale of Equipment between Buyer and Seller, beyond the collection of its fees.

8. Refunds

• All transactions for equipment conducted through the Service are ultimately between the Buyer and Seller. For refunds or related inquiries, contact the relevant Seller directly.

9. Content and Intellectual Property

• Any content you post or provide ("User Submission") grants Tractor Tuesday a worldwide, perpetual, royalty-free license to use, edit, and distribute it in connection with the Services. You also grant other users a non-exclusive license to access and use your submissions as permitted through the functionality of the Services. You represent that you have all necessary rights to grant these licenses.
• Tractor Tuesday owns the Services and all related content and intellectual property, including copyrights, trademarks, and the overall look and feel of the platform. Your use does not grant you ownership of any materials accessible through the Platform.
• You are granted a non-exclusive, non-transferable license to use the content of the services for its intended purpose. You may not reproduce, modify, or exploit any content without permission.
• Copyright Infringement: To report copyright infringement, contact our Designated Agent at [email protected] with the required information as detailed in the full Terms. We will investigate and take appropriate action, which may include removing material and terminating repeat infringers' accounts.

10. User Conduct and Restrictions You agree NOT to:

• Violate any laws, regulations, or intellectual property rights of others.
• Engage in harmful, deceptive, threatening, harassing, or objectionable behavior.
• Compromise the security of your or others' accounts.
• Attempt to gain unauthorized access to other users' information.
• Breach the security of any network or crack passwords.
• Use automated processes that interfere with the services or collect significant portions of content.
• Interfere with the integrity of an auction (e.g., shill bidding).
• Decompile or reverse engineer the services.
• Collect user information beyond what is necessary for completing a transaction, and you must destroy it afterward as per applicable laws. Violation of these restrictions can lead to the termination of your access to the Services.

11. Communications

• By signing up, you may receive communications from Tractor Tuesday, including emails and potentially phone notifications for transactional updates, promotional messages, and other important service-related communications. You will typically get a welcome message with a link in the footer to unsubscribe.

12. Privacy

• Tractor Tuesday is committed to protecting user privacy. Please refer to our Privacy Policy for details on how we collect, use, and disclose your personal information. By using the website, you consent to TT collecting and using your personal information for service provision, including sharing it with relevant Sellers if you are a successful Buyer.

13. Third-Party Services

• Our Services may contain links to third-party websites or services not owned or controlled by Tractor Tuesday. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read their terms and conditions and privacy policies.

14. Disclaimers and Limitation of Liability

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. Tractor Tuesday expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, quality, legal compliance, title, and non-infringement.
• We do not guarantee the Services will meet your requirements, be error-free, uninterrupted, accurate, reliable, or free of viruses or other harmful components.
• TRACTOR TUESDAY'S LIABILITY IS LIMITED. Notwithstanding any damages you might incur, the entire liability of the Company and its suppliers shall be limited to the amount actually paid by you through the Service or $100 USD if you haven't purchased anything through the Service. To the maximum extent permitted by law, in no event shall Tractor Tuesday or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever.
• Some state laws may not allow these limitations or exclusions, so they may not apply to you. In such states, liability will be limited to the greatest extent permitted by law.

15. Indemnity

• You agree to indemnify and hold Tractor Tuesday, its affiliates, officers, agents, employees, and partners harmless from and against any claims, liabilities, damages, losses, and expenses arising from your use of the Services or your violation of these Terms.

16. Changes to Services and Terms

• We continually seek to improve our services, and these Terms may change accordingly.
• We reserve the right to modify the Terms at any time.
• Any update or modification to these terms shall be immediately effective upon their posting, and by continuing to access our website or utilize the Services, you agree to be bound by the Terms posted at the time you access the website or Services.
• It is your obligation to ensure that you are compliant with the then-applicable Terms at the time of your usage, and, as such, you should revisit these terms on a regular basis to ensure you are aware of any changes and that you remain in compliance therewith.

17. Termination

• You can stop using the Services at any time by contacting Tractor Tuesday.
• Tractor Tuesday may terminate or suspend your access to the Services or your account immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Tractor Tuesday has the sole right to decide if you have violated any restrictions in these Terms.
• Upon termination, your right to use the Service will cease immediately. Termination may result in the destruction of content associated with your account.

18. Dispute Resolution, Governing Law, and Arbitration

• Governing Law: The laws of the Country (United States), excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use may also be subject to other local, state, national, or international laws.
• Informal Resolution: If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
• Arbitration: Any dispute, claim, or controversy arising out of or relating to the Services provided by Tractor Tuesday that cannot be resolved informally shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association and will take place in a mutually agreed-upon location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses associated with the arbitration.
• Tractor Tuesday as Final Arbiter: In disputes between users or concerning the interpretation of these Terms where specific resolution mechanisms are not otherwise defined, Tractor Tuesday will act as the final arbiter.
• Waiver of Jury Trial and Class Action: BOTH YOU AND TRACTOR TUESDAY WAIVE THE RIGHT TO A JURY TRIAL. You also waive your right to participate in any class action lawsuit or class-wide/consolidated arbitration against Tractor Tuesday.
• Disputes Between Users: In the event of a dispute between users of this site or its Services, Tractor Tuesday is not obligated to intervene or become involved. If you find yourself in a dispute with one or more other users, you release Tractor Tuesday (and its directors, officers, employees, agents, and successors) from any and all claims, demands, and damages related to such disputes and/or our Services. You explicitly waive California Civil Code Section 1542 or any similar law of any jurisdiction.

19. General Provisions

• Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
• Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
• Translation Interpretation: These Terms and Conditions may have been translated. You agree that the original English text shall prevail in the case of a dispute.
• United States Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

By using Tractor Tuesday, you acknowledge that you have read, understood, and agree to be bound by these Condensed Terms of Use.