Terms of Use

Tractor Tuesday - Terms of Use

Effective Date: August 11, 2025

Welcome to Tractor Tuesday! These Terms of Use ("Terms") are a binding agreement between Tractor Tuesday, LLC ("Tractor Tuesday," "we," "us," "our") and any user (“User,” “you,” “your”) of our websites, products, services, and applications (collectively, the “Services”) that govern your use of the Services. By using our Services, you agree to be bound by these Terms and by our Privacy Policy. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The then-current version of these Terms applicable to any use of or access to the Services will be the version posted at the time of your use of the Services. Your continued use of the Services after changes to the Terms constitutes acknowledgement and acceptance of said Terms. If you do not agree to the revised Terms, you must cease using the Services.

Please read these Terms carefully and revisit them to check for updates from time to time. They include important information regarding future changes, limitations of liability, a class action waiver, and dispute resolution through arbitration instead of in court.

I. The Services.

Tractor Tuesday provides a platform to connect equipment sellers (“Sellers”) with potential purchasers (“Buyers”) of that equipment in one of two ways: via live listing and auction, and via our Daily Deals retail promotions.  Please note that Tractor Tuesday is not a party to any contracts between Sellers and Buyers, regardless of whether the sale is at auction or in retail. As such, all information provided by us via the Services is solely informational, and Sellers and Buyers have a responsibility to conduct diligence into any parties with whom they transact.

Seller Users (“Auction Sellers”) may seek to list equipment on our marketplace platform to be bid on or sold pursuant to our auction-based listings (the “Auction Services”). Under the Auction Services, Sellers may list equipment and set a variety of commercial specifications for the listing, which may include the reserve price, the listing duration, and information regarding the equipment. Potential Buyers (“Bidders”) may place bids on listed equipment, with the highest bid (provided the reserve price is reached) at the expiration of the listing window winning the auction and the equipment (each an “Auction Buyer”).

Alternatively, Seller Users (“Retail Sellers”) may take advantage of our Daily Deals program (“Daily Deals”). Under the Daily Deals Program, a Retail Seller may list certain equipment available for direct purchase to Buyers (“Retail Buyers”). Retail Buyers purchase equipment from the Retail Seller at a fixed price, and do not engage in the bidding and auction process. 

The following terms govern the obligations of Sellers and Buyers using the Services, and, where specified, specifically the Auction Services or Daily Deals:

A. For Sellers:

• Sellers should provide clear and accurate terms and conditions, and are required to meet the expectations they have set in their listings. These may include:
• The method of shipping or pickup, including method, handling, and scheduling.
• Acceptable forms and methods of payment.
• A returns policy (or location thereof), if applicable, including a returns timeframe.
• Itemized taxes or fees imposed by Applicable Law. 
• Other specific terms or conditions pertinent or unique to the sale or the 
• Seller agrees to use commercially reasonable efforts and to act in good faith to complete any sales Buyers via the Services.
• Seller agrees not to remove or materially alter (which includes any change to price) any listing after the listing is live and prior to its expiration, unless expressly allowed by these Terms or agreed by Tractor Tuesday in writing. 
• Seller shall not, while any given equipment is listed via the Services for auction, list or make available that same equipment on any other auction or marketplace, dealership, listing service, or publication, including any duplicate listings on the Services. 
• Each Seller is responsible for the precision and accuracy of its listings, and shall not provide any information that is incorrect, misleading, obfuscating, or fraudulent. Each Seller shall further refrain from omitting any pertinent information from the listing that might mislead or confuse potential Bidders and/or Buyers as to the status of the listed equipment. Each Seller agrees to indemnify and hold harmless Tractor Tuesday against any and all claims relating to and listing (and all contents contained therein) provided by said Seller.
• Tractor Tuesday retains the right, with or without notice, to remove any listing and to suspend or terminate any Seller’s account or access to the Services for any reason or no reason at all, including, but not limited to, Seller’s breach of these terms, as determined by Tractor Tuesday, in its sole discretion. 
• Seller may be required to pay a listing fee for each new listing for auction, as may be required by Tractor Tuesday, in its discretion. 

B. For Bidders and Buyers:

• All bids and purchases are final, irrevocable, binding offers to purchase listed equipment at the bid or listed price; by bidding or clicking king purchase, you are entering into a legal, enforceable agreement for the purchase of said equipment
• All Bidders and Buyers are responsible for reading the full listing before making a bid or opting to purchase an item, and conducting all relevant diligence satisfactory to them prior to making a bid or purchase. Tractor Tuesday is not liable for nonconforming or defective equipment inconsistent with the listing.
• Tractor Tuesday does not transfer legal ownership of any purchased items to you; all Buyers are responsible for coordinating finalization of the transaction with the applicable Seller.
• Unless otherwise provided in a given listing, Buyers are responsible for all applicable government fees and taxes associated with the sale and the equipment required.

Tractor Tuesday reserves the right to suspend or terminate any User account (or take other such actions as deemed necessary) for a violation of these Terms of for any reason at all, in Tractor Tuesday’s sole discretion. 

C. Auction Process:

The auction process is designed to facilitate fair, competitive bidding for listed equipment. Auctions are held periodically, so potential Bidders and Auction Buyers should check our website regularly to determine the date of the next auction. With respect to the auction process:

• Registered Auction Sellers may create a listing for certain equipment to be sold via the bidding process. Auction Sellers may not create multiple listings for the same piece of equipment, and we reserve the right to remove duplicative postings. In addition to pertinent information such as that listed in the “For Sellers” section, above, Auction Sellers must additionally list an opening price, an auction window, a reserve price (if applicable), and such other information as we may require or permit during the listing process.
• Once a listing is live, any User may bid on the listed equipment at an amount higher than the previous bid. Bidders may review and monitor as many listings as desired, but must place any Bid prior to the expiration of the listing term. The listing term is set by the Seller; however, to ensure a fair and equitable bidding process, if a bid is placed within the last two (2) minutes of any listing window, the window shall refresh for a full two (2) minute period, allowing other competitive Bidders monitoring the auction to place a subsequent, higher bid. This two-minute refresh shall continue each time that a bid is placed within the last two (2) minutes of a listing window (including within the two-minute refreshed window provided in this section) until no bid is placed within the final two (2) minutes of that window, as extendable under this section. 
• At the expiration of the listing window, the winning Bidder will be notified and will be assessed the applicable Fee. The Buyer and the Seller may then proceed to close and consummate the sale as further provided below. 

D. Daily Deals Purchases:

In contrast to the auction process, Daily Deals listings are fixed-price listings where Buyers may purchase equipment directly from the Seller at a given price and free of the competitive bidding process. Daily Deals are generally available until the earliest of (a) the expiration time provided in the listing; (ii) the end of the Daily Deals promotion, or (iii) exhaustion of the Seller’s stock of the applicable equipment. Buyers’ engagement in any Daily Deals are strictly a transaction between the applicable Buyer and Seller, and Tractor Tuesday shall in no way be construed as a party thereto. 

E. Fees:

Buyers are responsible for paying Tractor Tuesday a certain “Fee” (sometimes listed alternatively as a “Buyer’s Fee” or a “Down Payment”) specified in the listing (or, if not so specified, five percent (5%) of the overall purchase or winning bid price, as applicable). The Fee is a fee retained by Tractor Tuesday for its Services. Upon purchasing an item of equipment or by placing a bid, you authorize us to (upon your bid becoming the winning bid, in the event of an auction) charge and seek payment of the Fee under any then-applicable payment collection system we then use, which shall include, but is not limited to, billing any credit card we may have on file with your account. Fees may be processed by a third-party payment processor.

F. Closing:

As a Bidder or Buyer, completing a successful bid or purchase constitutes a binding promise to the Seller to purchase the listed equipment on the terms and conditions provided in said listing. However, any further details, and the closing of the sale and payment of funds after a successful bid or purchase, is wholly between, and wholly the responsibility of, the Seller and the Buyer. Tractor Tuesday is not a party to any contracts between any Buyer and any Seller unless expressly provided for in writing and executed by a person possessing sufficient authority to bind the company. Each Bidder, Buyer, and Seller waives all claims against Tractor Tuesday related to the listing and sale of any equipment, and each such Bidder, Buyer, and Seller further agrees to indemnify and hold Tractor Tuesday harmless for all claims relating to any such sale in which said Bidder, Buyer, or Seller was a participant.

G. Refunds:

Tractor Tuesday does not facilitate the closing of sales or the transfer of payment. As such, any Buyer seeking a refund shall deal solely and exclusively with the applicable Seller of the equipment in question. Fees paid to Tractor Tuesday are not refundable in the even of a non-consummated or subsequently cancelled or refunded sale.

II. User Account.

You may be required to create a user account (your “User Account”) to utilize the Services, make listings, place bids, and make purchases. User Accounts are only available to those aged 18 or over. In order to create a User Account, you must complete the registration process by providing us with complete and accurate information as prompted by the registration form, including a username, password, and contact information. By providing such information, you agree to receive communications from Tractor Tuesday, including emails and phone notifications for updates, promotional messages, and other important, service-related communications, from which you may unsubscribe at any time. You may not register your User Account in a way intended or likely, in our discretion, to deceive others as to your identity or to impersonate the identity of another. We may also require Users to register a credit card or other payment method with us when registering an account; it is your obligation to ensure that any payment information is accurate and up to date, and you agree to reimburse Tractor Tuesday for any costs we incur in seeking and enforcing any payment. You shall not share and shall protect your password and take full responsibility for activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You are prohibited from allowing anyone to access your account or login credentials; any actions taken on your account shall be deemed to be your actions. 

III. Use of the Services.

Tractor Tuesday strives to maintain a healthy, professional environment for its users. As such, we maintain and update standards of use we expect our Users to abide by. Failure to abide by these standards may result in punitive action, including, but not limited, suspension or termination of your User Account or your access to the Services. 

A. Use:

In using or accessing our Services, you agree to comply with these Terms, our Privacy Policy, all applicable laws, rules, and regulations (collectively, “Applicable Law”), and any other terms and conditions that we may provide you (including terms applicable to setting up an account, creating or bidding on a listing, or otherwise). In addition, you shall not:

• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
• as a Buyer, fail to pay for items purchased by you, except as provided herein or as agreed with the Seller;
• as a Seller, and as applicable, fail to deliver, clear ownership to, or complete and deliver required documentation related to items sold by you, except as provided herein or as agreed with the Buyer;
• manipulate the price of any item or interfere with any other user's listings;
• take any action that may undermine any feedback or ratings systems that we may implement from time to time;
• share, transfer, or provide unauthorized access to your account or account credentials;
• create listings or provide us with content in inappropriate categories or areas of our sites;
• engage in, solicit, or encourage gambling;
• provide us or other Users with content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or violates and/or infringes the rights of others;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm eBay or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of eBay;
• circumvent or attempt to circumvent any technical measures used to provide our Services, or interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other Intellectual Property Rights that belong to or are licensed to us or to any third party; or
• harvest or otherwise collect or use information about users without their consent.

B. Content:

If you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, sublicensable right to exercise any and all copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) you have in that content in connection with our provision, expansion, and promotion of the Services. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights, including any moral rights, in that content against Tractor Tuesday, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content relating to our provision, expansion, and promotion of our Services. 

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under These Terms. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our Users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party. Tractor Tuesday takes no responsibility and assumes no liability for any content provided by you or any third party. In no event shall Tractor Tuesday be liable for the content of any User.

We welcome input from our Users regarding the Services. If you provide us with any ideas, suggestions, documents, proposals or feedback regarding the Service (“Feedback”), you agree as follows:  (is) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, disclose, prepare derivative works, publish, reproduce, sublicense, or otherwise distribute and exploit the Feedback without restriction or any obligation to you, provided that we shall not identify you, as the source of such Feedback, and (ii) the Feedback does not contain any confidential information of third parties, and (iii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback.

IV. Termination.

You may terminate these Terms at any time by ceasing to use the Services or access the website, provided, that, in no event shall such termination relieve you of any obligations accrued prior to the date thereof. Sellers may not cease using the Services or terminate these Terms during any such time as that Seller has an active listing.

Tractor Tuesday may terminate or suspend your User Account and/or your access to the Services at any time for any reason, or for no reason at all, and without any liability to Tractor Tuesday.

Upon termination, your right to use the Service ceases immediately. Termination may result in the deletion or destruction of content associated with your account.  

V. Warranties.

A. By You:

You warrant that (a) these Terms are legally binding upon you and enforceable in accordance with their terms; (b) you have obtained all legally required consents and permissions to enter into these Terms and for the submission and processing of any and all data and/or content submitted through the Services by you including, but not limited to personal data; and (c) the transfer and processing of data and/or content uploaded by you complies with all applicable laws.

B. By Tractor Tuesday:

Tractor Tuesday warrants that (a) these Terms are legally binding upon it and enforceable in accordance with their terms; and (b) its performance hereunder will not conflict with any other agreements with third parties.

VI. Disclaimer:

EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND TRACTOR TUESDAY AND ITS AFFILIATES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE AND TRACTOR TUESDAY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS. YOU ACKNOWLEDGE THAT TRACTOR TUESDAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNITERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  TRACTOR TUESDAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE, AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD-PARTY HOSTING SERVICE PROVIDERS.  THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES.  

TRACTOR TUESDAY IS NOT RESPONSIBLE FOR THE QUALITY, SAFEY, OR LEGALITY OF ANY ITEMS LISTED, NOR FOR THE ACCURACY OF ANY LISTING. TRACTOR TUESDAY MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO, NOR SHALL TRACTOR TUESDAY BE LIABLE FOR, ANY INFORMATION UPLOADED OR POSTED BY ANY USER, INCLUDING, BUT NOT LIMITED TO, ANY LISTING OR THE CONTENT INCLUDED THEREIN. TRACTOR TUESDAY PROOVIDES A PLATFORM TO CONNECT BUYERS AND SELLERS OF EQUIPMENT; ANY ACTUAL SALE IS SOLELY BETWEEN THE BUYER AND THE SELLER, AND TRACTOR TUESDAY IS NOT PARTY TO, NOR IS TRACTOR TUESDAY IN ANY WAY LIABLE FOR, THE FAILURE OR NON-COMPLETION OF ANY SALE, THE CONTENTS OR CHARACTER OF ANY INTERACTIONS BETWEEN USERS, OR ANY OTHER SUCH CLAIMS ARISING BETWEEN BUYER AND SELLER IN CONNECTION WITH ANY TRANSACTION. 

VII. Confidential Information and Intellectual Property.

A. Confidential Information:

For purposes of these terms, “Confidential Information” shall mean information not generally known to the public and at the time of disclosure is either identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential, made available by one party to the other party in connection with these Terms. 

Except as otherwise expressly permitted under this Agreement, with the express prior written consent of the Tractor Tuesday, or as required by law, you will not disclose, transmit, or otherwise disseminate to a third party any Tractor Tuesday Confidential Information. You will use the same care and discretion with respect to the Tractor Tuesday Confidential Information received from us as you use with its own similar information, but in no event less than a reasonable degree of care. 

You further recognize and agree that the remedy at law for breach of these confidentiality obligations may be inadequate and that, in addition to any other remedy Tractor Tuesday may have, we shall be entitled to seek equitable relief, including, without limitation, an injunction or injunctions (without the requirement of posting a bond, other security or any similar requirement or proving any actual damages), to prevent breaches or threatened breaches of these obligations by you and to enforce these terms and provisions in addition to any other remedy to which we are entitled at law or in equity.

B. Intellectual Property:

Tractor Tuesday owns and will continue to own all right, title, and interest, including all related Intellectual Property Rights, in and to its Confidential Information and the Services, including any improvements, enhancements, customizations, or modifications thereto or derivations therefrom. You are granted a limited, non-transferrable, non-sublicensable, revocable license to use the Services and their content for their intended purposes; you may not reproduce, modify, or exploit any content or other intellectual property without our written permission.  

To report copyright infringement, contact our Designated Agent as [email protected] with the pertinent required information. 

VII. Indemnity.

You shall indemnify, hold harmless and defend Tractor Tuesday, its affiliates, and their employees, officers, and directors (together, the “Indemnified Parties”) from and against any third party claims, actions, proceedings, suits and demands brought against the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, settlement costs and reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to:  (i) your breach of any term or condition of these Terms, (ii) your use of the Services, (iii) your misuse or unauthorized use of the Services, or (iv) your creation, use, posting, uploading, listing, or transmission of any content including any allegation that any Content that you upload infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. We will provide notice to you of any indemnifiable claim against Tractor Tuesday. You will undertake, at your own cost, the defense of any claim, suit, or proceeding with counsel reasonably acceptable to us. We may, at our own expense, participate in the defense of the claim with counsel of our choosing.

VIII. Liability.

IN NO EVENT SHALL TRACTOR TUESDAY’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE GREATER OF (A) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (B) ONE HUNDRED AND 00/100 DOLLARS ($100.00).  YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE TERMINATION (WITHOUT REFUND) AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.

IN NO EVENT SHALL Tractor TUESDAY OR ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY (A) LOST PROFITS, REVENUES, OR LOSS OF USE, OR LOSS OF DATA, OR INFORMATION (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, (C) BODILY INJURY OR EMOTIONAL DISTRESS, OR (D) REPUTATIONAL HARM, HOWEVER CAUSED, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR UNDER ANY OTHER THEORY OF LIABILITY AND WHETHER OR NOT TRACTOR TUESDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IX. Miscellaneous.

A. Dispute Resolution:

Any disputes arising under these Terms or related to the Services will be governed by the laws of the State of Nebraska. Prior to initiation of any claim or suit, you agree that you will contact Tractor Tuesday and thereafter will work in good faith with us to resolve the issue. In the event that such a dispute cannot be resolved informally, it shall instead 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 is not a party to, and is not obligated to intervene in or mediate, any disputes between Users; you release Tractor Tuesday from any and all claims or demands you may have against any other User of the Services. 

B. Notice:

Tractor Tuesday may give notices to you related to the Services through email, text, in-User Account notifications, or by posting them on the our website or through the Services, and such electronic notices shall satisfy any legal requirement that such notices be made in writing. Notices to FLY shall be made to the addresses listed below:

Contact Information:

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

C. Relationship:

The parties are and shall be independent contractors with respect to the Services. These Terms and the provision of the Services do not create a partnership, franchise, joint venture, agency, fiduciary, brokerage, or employment relationship between the parties. There are no third-party beneficiaries to the Services. Without limiting this Section, you acknowledge and agree that there are no third-party beneficiaries to your rights under these Terms.

D. Force Majeure:

Tractor Tuesday shall not be liable to you for any delay or failure to perform any obligation if the delay or failure is due to events which are beyond our reasonable control, including but not limited to natural disaster, epidemic, pandemic, civil disturbance, acts of terrorism or war, labor conditions, governmental actions, interruption or failure of the internet or any utility service, failures in third-party hosting services, and denial of service attacks (each a “Force Majeure Event”). Tractor Tuesday shall be relieved from its obligations (or part thereof) as long as the Force Majeure Event lasts and hinders the performance of said obligations (or part thereof). 

E. Severability; Non-Waiver.

In the event that any part of these Terms is found to be invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties. No waiver shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

F. Modifications:

Tractor Tuesday reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Services.  The most current version of these Terms will be located on this webpage.  You acknowledge and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services.  You should revisit these Terms on a regular basis as revised versions will be binding upon you.  Any such modification will be effective upon the posting of such new terms.  You understand and agree that your continued access to or use of the Services after the effective date of modifications to these Terms indicates your acceptance of the modifications, and that your only remedy against such changes is cessation of your use of the Services.