Terms of Use

Welcome to Tractor Tuesday! Please review the following terms and conditions governing your use of our websites, products, services, and applications (collectively, the “Services”). If you have any questions or concerns regarding these terms or the services, please contact us at:

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

These Terms of Use constitute a binding agreement between you and Tractor Tuesday, LLC (“Tractor Tuesday,” “we,” “us”). By accessing or using the Services, you agree to comply with these Terms, which remain in effect as long as you use the Services. These terms include the provisions outlined herein and those in our privacy policy.

Please read these Terms carefully, as they contain important information about the services provided to you, including future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes through arbitration instead of in court.

Connecting Equipment Sellers and Bidders

Tractor Tuesday facilitates connections between individuals offering equipment for sale (“sellers”) and those seeking to purchase equipment (“bidders”). The services function as a platform; the sale contract for each piece of equipment listed is between the seller and the winning bidder. The term “you” in these Terms refers to any user, whether a seller, bidder, registered user, or unregistered user. If a specific term is used, it applies only to that user category.

Bidder Responsibilities:

Before acquiring equipment from any seller (each “seller equipment”), bidders must determine the suitability of the seller's equipment. Tractor Tuesday is responsible only for facilitating connections between sellers and bidders and is not responsible for the quality or standards of any seller's equipment. Tractor Tuesday does not ensure the accuracy or currency of the information provided by sellers or bidders about themselves or the seller's equipment. Each Seller agrees to make reasonable efforts to complete the sale if there is a winning bid. Each Bidder agrees that their bid is binding and that they are responsible for all applicable government fees and taxes for the machine won through the bid.

Disclaimer:

TRACTOR TUESDAY DOES NOT DIRECTLY OFFER THE SELLER'S EQUIPMENT. WE DO NOT SUPERVISE THE SELLER'S EQUIPMENT AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR THE SELLER'S EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR LEGAL COMPLIANCE.

Sellers may not withdraw equipment listed for auction before the auction ends. While seller equipment is listed, it cannot be listed or made available on any other auction.

Changes to 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. If changes are made, we will notify you through our site, via email, or by other means.

If you do not agree with the revised terms, you are free to reject them, but this means you will no longer be able to use the services. Continued use of the services after changes to the terms means you accept the changes.

No amendment or modification of these terms will be effective unless they are in writing and signed by both you and us.

Privacy

Tractor Tuesday is committed to protecting user privacy. Please refer to our Privacy Policy for details.

Children’s Online Privacy Protection Act (COPPA)

In compliance with COPPA, we do not knowingly collect personally identifiable information from children under thirteen (13). If you are under thirteen (13), please do not use the Services or send any personal information. If we become aware that we have collected personal information from a child under thirteen (13), we will delete that information promptly. If you believe a child under thirteen (13) may have provided us with personal information, contact us at

[email protected]

Using Tractor Tuesday

You may need to create an account, choose a password and user name (“Tractor Tuesday User ID”), and provide certain information. You agree to provide accurate, complete, and updated registration information. You may not select a Tractor Tuesday user ID that you do not have the right to use or that impersonates another person. You may not transfer your account without our prior written permission.

Account Security:

You are responsible for maintaining the security of your Tractor Tuesday user ID, account, and password. You are responsible for all activities associated with your account.

Legal Compliance:

You must comply with all applicable laws when using the services. If your use of the services is prohibited by applicable laws, you are not authorized to use the services. We are not responsible for your use of the services in violation of any laws.

What About Messaging:

When you sign up for the services, you may receive communications from Tractor Tuesday, including email messages. Initially, you will get a welcome message and instructions on how to opt out of certain marketing messages.

Phone notifications:

By providing you are agreeing to receive the different email notifications including the transactional mails ,updates, promotional messages, and other important communications related to our services.

Restrictions on the Use of Services:

You agree not to:

Violate intellectual property rights or other rights of others.
Break any laws or regulations.
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.
Collect significant portions of the content.
Decompile or reverse engineer the services.

Violating these restrictions can lead to the termination of your access to the services.

Using Information from Other Users:

You are prohibited from collecting any user information beyond what is necessary for completing a transaction. Once the transaction is complete, you must destroy all user information and comply with applicable laws regarding its collection, use, and transmission. Rights in the Services:

You are granted a non-exclusive, non-transferable license to use the content of the services. You cannot reproduce, modify, or exploit any content without permission. Tractor Tuesday owns the services and all rights related to them.

What about anything I contribute to the services—do I have to grant any licenses to Tractor Tuesday or to other users?

User Submissions and Licenses:

Any content you post or provide through the services is your "User Submission." By doing so, you grant Tractor Tuesday a worldwide, perpetual, royalty-free license to use and distribute your submissions. Other users are also granted a non-exclusive license to access and use your submissions. You represent that you have all the necessary rights to grant these licenses.

Reporting Copyright Infringements:

If you believe your copyright is infringed, you can report it to the designated agent at Tractor Tuesday, LLC. Your notice must include details such as your contact information, a description of the infringing material, and a statement of good faith belief that the material is unauthorized. Tractor Tuesday may remove the infringing material and notify the content provider. Content providers can respond with a counter-notice if they believe their content was wrongfully removed.

Responsibilities and Disputes:

Tractor Tuesday is not responsible for content posted by users or for any third-party websites linked through the Services. You are responsible for the content you contribute and the interactions you have through the services. In cases of disputes, Tractor Tuesday is not obligated to get involved.

Changes to the Services:

The services may change over time, including new features, limits on certain features, or discontinuation of parts of the services. Tractor Tuesday can remove content at any time without notice.

Costs of the Services:

While registration is free, certain services may require fees, including a buyer’s fee for winning bids. Future charges may be introduced with prior notification. Users must pay all fees and taxes associated with using the services.

Fees

Listing Fees: This is what a user pays to list machinery with us, and it is configurable and changeable from the admin side

Buyer’s fee: Winning bidders must pay a % of the winning bid amount, with minimum and maximum limits. Tractor Tuesday reserves the right to introduce fees for services in the future.

Termination of Services:

You can stop using the services at any time by contacting Tractor Tuesday. They can also terminate your access for any reason. Termination may result in the loss of content associated with your account.

Tractor Tuesday is also free to terminate (or suspend access to) your use of the services or your account for any reason at our discretion, including your breach of these Terms. Tractor Tuesday has the sole right to decide whether you violate any of the restrictions outlined in these Terms; for example, a bidder who believes that a seller may be in breach of these Terms is not able to enforce these Terms against that seller.

Warranty and Liability:

The Services are provided "as is" without warranties of any kind. Tractor Tuesday is not liable for any indirect, special, incidental, or consequential damages, or any amount thereof. Some state laws may not allow these limitations.

Indemnity:

You agree to indemnify Tractor Tuesday against any claims arising from your use of the services or violation of these terms.

Please ensure to read the full Terms of Service for a comprehensive understanding of your rights and obligations. For further details or specific questions about the terms, users should refer to the full text or contact [email protected]

---BELOW ARE MORE EXTENSIVE TERMS---

Last updated: May 25, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United States
Company (referred to as either “TT”, "the Company", "We", "Us" or "Our" in this Agreement) refers to Tractor Tuesday, LLC, 85 N. Hastings Ave, Suite 200.
Equipment refers to any item put up for auction on the Service.
Service refers to the Website and the auctions held therein.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party means any Services or content (including data, information, products or Services) provided by a third-party that may be displayed, included or made available by the Service.
User refers to any individual or business utilizing the Service, including both Bidders and Sellers. Successful Bidders become Buyers.
Website refers to Tractor Tuesday, accessible from https://tractortuesday.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. This could reference either a “Bidder” or “Seller.”

Scope and Introduction

The following terms and conditions are for all online bidding at auction sales conducted by or in conjunction with Tractor Tuesday ("Online Bidding"). By registering to participate in a Tractor Tuesday auction sale (a "Sale") via Online Bidding, You explicitly agree to these terms and conditions.

These Online Bidding Terms and Conditions serve as a supplement, implying that they are to be applied in addition to the general Conditions of Sale and other terms and conditions applicable to bidders and buyers participating in the particular Sale (collectively, the "Bid Conditions"). They are to be considered as incorporated by reference and an integral part of the Bid Conditions for such Sale. The general Bid Conditions are made available in the catalog for the Sale (the "Catalog") and/or on our website, among other platforms.

Further information pertinent to the Sale may also be detailed in the Catalog, on our website, and/or in a notice exhibited at the Sale venue. It is Your responsibility to review this information. Please note that announcements affecting the Sale may also be conveyed orally prior to and during the Sale without advance notice.

By registering to bid at any Sale, You explicitly agree to the applicable Bid Conditions.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Eligibility

Our Services are exclusively accessible to individuals who are legally capable of entering into contracts in accordance with the relevant laws. Additionally, our Services are not intended for use by minors. Furthermore, Your account and User ID are non-transferable and cannot be sold to any other party. If You are registering on behalf of a business entity, You confirm that You have the necessary authority to bind the entity to this Agreement.

To participate in an auction, You must apply and receive approval, which may involve providing credit card information if You haven't already done so. You are responsible for keeping Your account information, including contact details, addresses, and credit card information, up to date. Approval for one auction doesn't guarantee approval for any other auction. The company has the sole discretion to refuse approval for Your participation in any auction.

Connecting Sellers and Bidders

The Service connects sellers ("Sellers") with buyers ("Bidders"), but the actual sales contract for all Equipment listed on the platform is directly between the Seller and the winning Bidder.

When the term "You" is used in these Terms, it refers to any User, whether they are a Seller, Bidder, registered User, or unregistered User. Specific terms such as "Seller" or "Bidder" only apply to that category of User.

Before purchasing Equipment from any Seller, Bidders are responsible for ensuring that the Equipment is suitable for their needs. Tractor Tuesday is only responsible for connecting Sellers and Bidders and cannot guarantee the quality or accuracy of information provided by the Seller or Bidder.

Each Seller agrees to make reasonable efforts to complete the sale of their Equipment if there is a winning bid. Each Bidder acknowledges that their bid is binding and they are responsible for all applicable government fees and taxes for the Equipment won through the bid. TT does not control the actions of any Bidder or Seller, and Sellers are not employees of TT.

TT does not directly offer the Equipment and expressly disclaims any responsibility and liability for the Seller Equipment, including any warranty or condition of quality, fitness for a particular purpose, or compliance with any law, regulation, or code. These Terms do not govern any sale, transaction, or other relationship between Bidders and Sellers.

Sellers are not allowed to remove Equipment from auction on the platform before the end of the auction. While Equipment listed on the platform, the Seller may not list or make it available on any other auction, dealership, listing Service, or publication.

Registration and Sale

Registration

To participate in Online Bidding, it is necessary to complete the online registration process. The registration page is accessible by clicking the provided link. Please be advised that registration must be completed at least 24 hours prior to the commencement of any Sale to enable online bidding for that particular Sale.

Upon successful registration, it is imperative to maintain the confidentiality of Your account details and refrain from allowing any unauthorized access or use of Your account by third parties. You will be held responsible for all bids placed through Your account.

Online Bidding Process

Upon successfully registering for Online Bidding in a Sale, You will be eligible to bid online at that Sale.

During a Sale, You can place a bid for a lot by clicking the Bid button. Each bid becomes final and binding upon clicking the Bid button.

By participating in a timed auction, You acknowledge that each bid submitted is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You also accept full liability for all bids submitted via Your Online Bidding account, including the obligation to pay in full and on time per the Bid Conditions for any lot that is the subject of a successful bid submitted from Your account.

The Company retains the right to reject a registration to bid online, withdraw permission for Your use of Online Bidding, or terminate an Online Bidding account, at any time and for any reason before, during, or after a Sale.

Listing Conditions

When listing an item, You agree to comply with TT's Listing policy and that:

You are accountable for the precision and substance of the listing and the offered item.
Your listing may not be approved
The Company cannot guarantee Your auction date
Content that breaches any of TT's policies may be altered, obscured, or removed at TT's discretion.
We reserve the right to modify product information linked to listings in order to enhance, delete, or rectify the details.
We do not guarantee any particular placement of Your Listing on our Service and in the search results.

Fees

You are responsible for any applicable fees.

Listing Fee - Sellers must remit a payment upon approval of a Listing.

Buyer’s Fee - Buyers are subject to a % Buyer’s Premium, capped at $9,500.

All transactions for feeds will be processed through Stripe, Inc., TT’s designated third-party payment Service provider. Stripe’s terms of Service can be accessed at https://stripe.com/us/terms.

All details provided for a Purchase, including any initial deposits made by Buyers, as well as Buyer’s and Seller’s fees, must be accurate and up to date. You are responsible for settling all charges incurred by any individuals using Your credit card, debit card, or other payment method for Purchases at the prevailing prices. You are required to handle the payment, withholding, filing, and reporting of all taxes, duties, and other governmental assessments related to your activities in connection with the Services.

The Buyer acknowledges and agrees that bids are binding and that the fees associated with each bid submitted via the Service are also binding and will be remitted to TT.

Tractor Tuesday is not responsible for finalizing the transaction processing of the final sale of Equipment between Buyer and Seller.

Refunds

All transactions conducted with a Seller through the Service are the responsibility of the respective Buyer and Seller. Therefore, if you require a refund for a transaction or have inquiries, contact the relevant Seller directly.

Liability and Responsibility for Equipment

TT does not engage in the direct sale of any Equipment. TT does not conduct inspections or monitoring of any Equipment, and does not assume responsibility or liability for Equipment sold at auction, including any associated warranties, Equipment quality, and compliance with relevant laws, regulations, and standards.

Links to Other Websites

Our Service may contain links to third-party web sites or Services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or Services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or Services available on or through any such web sites or Services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or Services that You visit.

Privacy and Personal Information

By using this website, You are giving consent for TT to collect and use Your personal information for the purpose of registering You, allowing You to participate in one or more auctions, and using the Website. If You emerge as the highest bidder in one or more of the online auctions, the company may share Your personal information with the relevant Seller(s). For more details on the collection, usage, and disclosure of Your personal information, please refer to our Privacy Policy.

Content Ownership and License Agreement

Any material You post, upload, share, store, or otherwise provide through the Services constitutes Your "User Submission." You are solely responsible for ensuring that all User Submissions comply with applicable laws and do not infringe upon third-party rights.

By submitting User Submissions, You grant TT a worldwide, non-exclusive, perpetual license to use, edit, and distribute the content in connection with the Services. You also grant Users of the site and/or Services a non-exclusive license to access and use Your User Submissions.

You understand and agree that TT may need to adapt Your User Submissions to meet technical requirements for providing the Services.

Intellectual Property Rights and Copyright

TT holds all rights, title, and interest in the Platform, including all content (such as audio, images, photographs, illustrations, text, graphics, logos, icons, visuals, video, and copy), software, code, data, and materials on the Platform, as well as the overall look and feel, design, and organization of the Platform. This encompasses copyrights, trademark rights, patent rights, database rights, trade secrets, sui generis rights, and other intellectual property and proprietary rights. Your use of the Platform does not grant You ownership of any materials accessible through the Platform.

Claims of Copyright Infringement

We take prompt action on notices alleging copyright infringement in accordance with the United States Digital Millennium Copyright Act (DMCA). Our commitment is to prevent any listed items and content on our platform from violating the copyright, trademark, or other intellectual property rights of third parties.

If You suspect that Your intellectual property rights have been violated, please alert our team, and we will conduct a thorough investigation. Send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is our policy:

To remove or disable access to the infringing material;
To notify the content provider, member or User that we have removed or disabled access to the material; and
Repeat offenders will have the infringing material removed from the system and we will terminate such content provider's, member's or User's access to the Service.

Reach out to our registered agent by sending an email to [email protected].

User Conduct

You are required to adhere to all applicable laws and regulations in Your use of the Website. You agree: (1) not to utilize the Website for any unlawful purposes; (2) not to disrupt any networks connected to the Website; (3) not to interfere with the integrity of an auction (eg., shill bidding); (4) to comply with all regulations, guidelines, terms, and conditions as outlined in these User Terms and Conditions and on the Website; and (5) not transmit any illegal, harassing, defamatory, threatening, harmful, vulgar, obscene, or otherwise inappropriate material through the Website.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing 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 applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Resolution of Disputes

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Any dispute, claim, or controversy arising out of or relating to the Services provided by TT 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. The arbitration shall 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. Both You and the Company waive the right to a jury trial. You also waive your right to participate in any class-wide or consolidated arbitration against TT.

In the event of a dispute between Users of this site or its Services, it is acknowledged that the Company is not obligated to intervene. If You find Yourself in a dispute with one or more other Users, You release TT, 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, which states that a general release does not extend to claims that the releasor does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected the settlement.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

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.

Severability and Waiver

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 if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.