Terra Point | Site Usage Agreement, Privacy Notice, Terms and Conditions

Site Usage Terms and Conditions

The following Site Usage Terms and Conditions (“Site Usage Terms”) establish the terms of your use of Terra Point LLC’s (hereinafter referred to as “Terra Point”) sites and services (www.terrapoint.com) (the “Site”). Unless otherwise stated explicitly herein, “You” refers to all users of the Site.

The Site Usage Terms were last revised on December 9, 2024.

1. CAPACITY TO CONTRACT. The Site is available only to individuals acting in a professional capacity (non-consumers). If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter legally binding contracts on its or his/her behalf. Without limiting the foregoing, (i) minors in any jurisdiction, and (ii) individuals who have been suspended from the Site may not use the Site. For Sellers in one of the countries in the European Union, the Site may only be used by commercial (non-consumer) parties, who have a valid VAT ID number that is verifiable through the EU Commission's VIES database (accessible via the following web link: http://ec.europa.eu/taxation_customs/vies/vatResponse.html).

2. REGISTRATION. Registration is required to use certain features of the Site. Terra Point reserves the right, in its sole discretion, to disapprove of any request to become a registered user (a “Registered User”) and to suspend or terminate your authorization to use the Site for any reason. By registering with the Site, you agree to comply with these Site Usage Terms and Conditions and, when buying or selling equipment through the Site, with the Seller and Buyer Terms and Conditions which supplements these Site Usage Terms. You represent and warrant that (i) all information provided to Terra Point is accurate and complete and (ii) you will update such information so that it is kept current, accurate and complete at all times. You acknowledge and accept that Terra Point may contact you using the contact information you provide during registration and that you may incur wireless charges, depending upon the method of communication, which are your sole responsibility. Terra Point reserves the right, in its sole discretion, to disapprove of any listing on the Site and to suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.

3. LOGIN ID, PASSWORD, SECURITY.You are solely responsible for protecting the confidentiality of your login ID and password and are responsible for all use of your Site account. You agree to notify Terra Point immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

4. USER RESPONSIBILITIES. You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Site in a manner that sends more request messages to Terra Point's servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Site; (vi) collecting or harvesting any personally identifiable information, including account names, from the Site; (vii) using the Site for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Services.

5. USER INFORMATION AND PRIVACY STATEMENT. Please see Terra Point's Privacy Notice, located at https://terrapoint.com/terms?section=privacyPolicy and incorporated herein by reference.

6. THIRD PARTY LINKS. The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by Terra Point. Where Terra Point provides such third-party links, no representations or endorsements are made in connection with such sites. Terra Point has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that these Site Usage Terms and Terra Point's Privacy Statement do not apply to your use of such sites. You expressly relieve Terra Point from all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Terra Point shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

7. MODIFICATION AND AVAILABILITY. Terra Point may, at any time, delete, modify or supplement the content of this Site without prior notice. Terra Point reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. Terra Point may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.

8. MONITORING.You agree that Terra Point has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site. Terra Point may record and monitor communications between You and Terra Point representatives for quality assurance purposes.

9. SERVICE AVAILABILITY. Terra Point makes reasonable commercial efforts to make its Services and Site available. However, it is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an Advertisement.

10. SECURITY. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

11. COPYRIGHT AND TRADEMARKS. The trademarks, trade names, designs and all material contained on this Site or through other Services, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Terra Point or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without prior written permission from Terra Point is strictly prohibited.

12. TERMINATION. Without limiting any other remedies, Terra Point shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in Terra Point's sole discretion for any reason, including, without limitation, if we determine that you have violated the Site Usage Terms.

13. DISCLAIMER; LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES, PROVIDED BY OR THROUGH TERRA POINT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHETHER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TERRA POINT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF TERRA POINT OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. GOVERNING LAW. For users contracting with Terra Point, LLC, these Site Usage Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and, if user is in the United States, the Uniform Computer Information Transactions Act, do not apply.

15. JURISDICTION AND VENUE. All claims, disputes, and other matters in question arising out of, or relating to this Agreement or the breach thereof shall be decided by the appropriate Civil District Court of Suffolk County, Massachusetts or, if applicable, the United States District Court for the District of Massachusetts. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.

16. AMENDMENT OF SITE TERMS. Terra Point may modify, add or remove any portion of the Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Site constitutes acceptance of these Site Usage Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to the Site Usage Terms.

17. NOTICES. Any notice to Terra Point must be in writing and must be sent via email to info@terrapoint.com and by registered mail or overnight courier to Terra Point, LLC, 101 Huntington Ave, Suite 1100, Boston, MA 02199 U.S.A. Any notice to you shall be given by email to the email address provided to you during registration as a Registered User, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.

18. MISCELLANEOUS. . If any provision of these Site Usage Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by Terra Point to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. If a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, Terra Point did so solely for your convenience. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.

Terra Point respects the intellectual property of others, and we expect our users to do the same. Terra Point may suspend and/or terminate listings and/or the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Site, you should provide Terra Point's copyright agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Terra Point’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Attn: Copyright Agent
c/o Terra Point, LLC
101 Huntington Ave, Suite 1100
Boston, Massachusetts 02199
U.S.A.

Privacy Notice

Last Revised : November 20, 2024

This privacy notice (“Privacy Notice”) is intended to describe how Terra Point, LLC (“Terra Point” or “we” or “us”) collects, uses and shares your Personal Information (defined below) and applies to information we collect through the Terra Point website, located at www.terrapoint.com and any affiliated websites that link to this Privacy Notice (each a “Site” and collectively the “Sites”). This Privacy Notice is part of our Site Usage Terms and Conditions, which can be accessed and reviewed at Site Usage Terms and Conditions.

This policy applies only to information we collect from the Sites. This policy DOES NOT apply to information that:

We collect offline or on any Terra Point applications, including VeriPoint™, (“App(s)”) or websites that do not directly link to this Privacy Notice.
You provide to or is collected by any third party (see Third Party Websites below).

Our websites, Apps, and these other third parties, have their own privacy policies, which we encourage you to read before providing information on or through them.

When we use the term “Personal Information,” we mean information that relates to an identified or identifiable individual or household.

Information We Collect
How We Use Your Information
Disclosure of Your Information
Children’s Privacy
Choice and Access
Third Party Websites
Security
Privacy Rights for California Residents
Updates to our Privacy Notice
Contact Us

Information We Collect

We collect information from and about you in a number of ways, including information that you provide to us directly. We also collect certain information from you automatically.

Information You Voluntarily Provide to Us. While you can generally browse our Sites without telling us who you are, our Sites offer certain features and services, including but not limited to, voluntarily creating an account, listing equipment or other goods for sale (“Goods”), bidding on equipment or goods, buying and selling equipment or goods, contacting us or interacting with us on social media (collectively with the Site, the “Service”) that require you to share certain Personal Information with us or our service providers (“Providers”). We collect your contact information and other information you choose to provide us, such as feedback on our services or details of your inquiry.

Information you may provide us and our Providers when you use our Service includes:

Identifiers, such as your name, address, phone number, email address, date of birth, driver’s license number, passport number, SSN, tax ID number and account log-in information.
Characteristics of protected classifications under applicable law, such as your age and sex.
Payment Information, which include, as applicable, (i) your payment card number, its expiration date and security code and your billing address (“Credit Card Information”), which is processed and stored by our third-party payment processor, (ii) other payment information such as account numbers, banking information and other payment details, (iii) data regarding credit approval (such as credit bureau reports or financial information).
Commercial information, such as your transaction history and details of transactions in connection with your use of the Service. You may be required to provide financial information in connection with such transactions.
Listing Information, including items, equipment or other goods you may offer for sale or to be bid on, and related details such as related facts (e.g., milage) and the location of the item, equipment or goods.
Records, such as copies of your correspondence (including email addresses and phone numbers), if you contact us.
Audio and Visual Information, such as photographs, images, videos, and recordings of your voice (such as when we record customer service calls for quality assurance).
Content, including any content or other information you provide us when you contact us or otherwise communicate with us.

Specific examples of the collection and processing of personal information you provide to us to which you may be subject include the following:

If you choose to create an account on our Sites, you are required to provide your name and email address and to create a password for future account access.
To list an item for sale or place a bid on any equipment or goods, we ask for your name, address and email address to complete any transaction and contact you should any issues arise. You also may be asked to provide further information regarding Goods you are listing or other information evidencing your ability to buy or sell such Goods or comply with applicable laws and regulations, as applicable.
You are also required to provide payment information necessary to complete a transaction.
You may provide shipping or other logistics information (such as tax identification numbers) that may be required for customs clearance or bills of lading.
You may take other actions in connection with the Service that provides data, including but not limited to making searches or saving search results, creating watch lists and changing marketing preferences.
If you contact us by email, phone (which may include recorded customer service calls) or using any chat function on our Sites or contact other Site users through the Site, we may also collect your contact information and other information you choose to provide us, such as feedback on our services or the Goods, inquiries regarding the services or dispute resolution.
We may record telephone calls made to our main phone numbers or affiliated dealer phone numbers. We record calls for business purposes, such as: staff training, to improve customer service and the information we provide you, to report the type and number of telephone enquiries we receive or to have an accurate record of what was said/agreed to.

Information We Collect Automatically. Besides the Personal Information you provide to us, we may also automatically collect certain internet or other electronic network activity information when you use the Service. Information we and our Providers may collect automatically when you use our Service includes:

Device Information: we collect information about the device you use to access or otherwise use the Service, such as Internet Protocol (“IP”) address and device ID, which are identifiers that are automatically assigned to your device whenever you access the internet. Our computers identify your device by these identifiers. When you request web pages from a Site, our computers automatically log your device information.
Service Use Data: We collect other information about your use of the Service, including pages visited, links clicked, Goods preferences, frequency and duration of visits, interactions with content, searches made, bidding amounts, number of bids, referring URL, device type, browser and operating system.
Location Data: We also may collect geolocation data, including that of your mobile device when you enable the use of location services in your device setting.
Log Files: Log files are files that record events that occur in connection with your use of the Site.
Cookies: We collect cookies which are small data files stored on your device that act as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, tracking Site engagement, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Site. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. To learn more about how we use cookies, please Information Collected by Cookes and Tracking Technologies below and Analytics below.
Pixels: We collect Pixels (also known as web beacons), which are types of code embedded in a website, video, email, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a separate entity to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from separate entities that allow us to track our communications, bring you advertising both on and off the Site, and provide you with additional functionality, such as the ability to connect our Site with your social media account. To learn more about how we use related technologies, please find the Information Collected by Cookes and Tracking Technologies below.

Information We Collect from Other Sources. We may obtain a limited set of Personal Information about you from third parties, as follows:

Service Users: When you engage in a transaction with other users of the Service, such other user may provide us certain information in connection with you and such transaction for a variety of purposes, including questions, support, and complaints.
Unaffiliated Third Parties: Certain uses of our Service may involve background or credit checks, title checks, and the receipt of other information about you or your Goods, which we receive from applicable sources including credit reporting agencies, government agencies, title companies, and other providers of related services.
Publicly Available Sources: Including public databases and the public domain.
Payment Processor: Our payment processor will provide us with limited information in connection with your transactions for us to confirm transactions and provide the related Service to users in connection with your transaction. This information may include date and time of transactions, the status of transactions, and limited payment information including price and information to securely identify the payment card (e.g., receiving only the last four digits).
Social Media Sources for Log-In: If we provide a way to log in to your account or our Site using an external social media account, the social media account platforms provider (i.e. Meta) may automatically send us information about your account or your profile. To learn more about what data about you those social media platforms may share with us, you should consult the privacy and data policies of those platforms.

Information Collected by Cookies and Tracking Technologies: We use cookies and related technologies to provide Services, to gather information when users navigate through the Sites to enhance and personalize the experience, to understand usage patterns and to improve our Sites and Services. Some of these Cookies may be permanently placed on your device until you remove them, while others are temporary and are removed after you close your browser. This information will be in the form of a text file. We and our third-party vendors may use Cookies to tailor ads or deliver content when you are on our Sites or on other websites. Most web browsers automatically accept Cookies, but you can change your browser to prevent that by reviewing your Internet browser settings, typically under the sections “Help” or "Internet Options.” If you disable or delete certain Cookies, your use of the Service may be affected.

Analytics: We use a tool called “Google Analytics” to collect information about your use of the Sites, such as how often you visit the Site, what pages you visit when you do so and what sites you used before coming to the Site. For more information on how Google Analytics collects and uses data please see “How Google uses data when you use our partners’ sites or apps” (located at www.google.com/policies/privacy/partners/) or any other URL Google may provide from time to time. For more information or to opt-out please contact us at info@terrapoint.com. How We Use Your Information.

We use the information that we collect to provide and maintain the Sites, to provide the Service, to fulfill contracts, comply with legal obligations and for our other legitimate business interests. In connection with these uses, Terra Point’s affiliates, external technical service providers and external service providers may also receive your information. In addition to the purposes described above, our purposes for collecting and using this information include:

To improve the Service, including the Site, and your experience with the Service;
For our everyday business purposes, such as to transact such business as you have contracted us to do, communicate with you, manage records, respond to court orders and legal investigations and administer and provide services to you;
To publish listings of Goods, responses to listings and other related content;
To register you as a bidder, buyer or seller for the Service, including the creation of a payment account;
To form contracts between you and other users of the Services to complete sales of Goods;
To complete other transactions related to the sales of Goods, including but not limited to completing vehicle inspections, conducting credit checks, processing vehicle titles or arranging tax or insurance payments;
To enable you to use certain Services and improve your experience of the Service, we may use geolocation data, including to provide you with location- based search results;
To communicate with you about your interest in Terra Point, our Services and listed Goods and to send information regarding our company or partners, such as promotions and events;
To compile a customer database of visitors to our Sites and users of our Service, as well as related information regarding Goods placed on the marketplace;
As part of automated decision-making technologies to assist in determining bidding processes and privileges;
To analyze and generate leads and prospects for other services provided by affiliates of Terra Point;
For our marketing purposes, including via phone, messaging and email newsletters and promotions to you;
To conduct research and surveys and to gather feedback;
To participate in advertising services administered by third parties;
To provide, support, troubleshoot, personalize and develop our Service, including to record customer service calls for internal training and dispute resolution;
As necessary or appropriate to protect the rights, property or safety of us, our clients or others;
To help maintain the safety, security and integrity of our Service, products and services, databases and other technology assets and business;
To comply with our audit obligations and those of our affiliates;
To prepare for, initiate or consummate a business change, such as a merger, sale of equity, sale of assets, joint venture, reorganization or bankruptcy of us our one of our affiliates.
To comply with any legal processes and/or law enforcement requests;
Fulfill any other purpose for which you provide it;
To prevent, investigate and take action against security breaches or any other unlawful activities, or violations of our policies and Terms and Conditions, we will monitor account activity, screen global sanctions lists, review transaction documentation to confirm compliance with laws, and use CAPTCHAs or telephone number verification; and
As otherwise described to you when collecting your Personal Information.

Disclosure of Your Information

We may disclose your Personal Information to third parties for commercial or business purposes, including with respect to the following:

Third Parties you Authorize. If you request, we share Personal Information with a third party, or otherwise authorize us to share such information, we may share it with the respective third party authorized to receive such personal information.
Providers. The information may be provided to our Providers who need access to such Personal Information to help complete a transaction for you, including Providers that help us with payment processing, data analytics, marketing and advertising, website hosting, technical support, customer service, and shipping.
Other Users of the Service. The information is provided to other users with whom you may elect to transact with through the Service when you either list a Good for sale or bid to purchase a Good (and once disclosed, this information will be governed by such other user’s privacy policy and will be subject to the laws of the jurisdiction in which such user processes the information).
Manufacturers of Goods. The information is shared with the original equipment manufacturer (“OEM”) of any Good on which any buyer bids, as well as with any of such OEM’s dealers or service providers in such buyer’s geographic area.
Affiliates. The information is provided to our affiliates for customer support, product development, technical operations, marketing and cross-marketing purposes and other Purposes consistent with this Privacy Notice.
Partners. We share information with our partners in connection with offering co- branded services, distributing or promoting our Service, or engaging in joint marketing activities with such partner.
Social Network Providers. We may enable social network plug-ins, whereby those social media providers embed content and tools on our Sites. These plug- ins may collect personal information directly from you in connection with your interaction with such content and tools. The plug-in providers’ use of the information is subject to their own privacy policies, which we recommend you review.
To Third Parties Related to Legal Process and Protections. We may disclose or share your information to satisfy any law, regulation, legal process, governmental request, or where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: (1) enforce or apply our agreements; (2) protect our interests, property, or the safety of us or others, including physical, financial or other harm injury or loss; (3) in connection with claims, disputes, or litigation; and (4) to protect our Service.
To Third Parties Related to a Business Transfer. In connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or capital, including in connection with any bankruptcy or similar proceedings; and

Children’s Privacy

Terra Point does not knowingly collect any Personal Information (or any information at all) from any persons under 16 years old (a “Minor”) except as permitted by law. You must be 16 years of age or older to use our Service. If you have reason to believe that a Minor has provided Personal Information to us, please contact us as described at the end of this Privacy Notice.

Security, Storage, and Deletion

We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure or destruction. We keep your Personal Information for as long as is necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. If we dispose of your Personal Information, we will do so in a way that is secure and appropriate to nature of the Personal Information subject to disposal and in accordance with Terra Point’s data retention policies, unless there are requirements to retain such information for longer periods (such as legal or audit purposes). In some cases, instead of deleting your data, we may anonymize it so that it can no longer be associated with you. Anonymized data is not considered Personal Information, and may be used for any purpose, including statistical analysis, research and other purposes that do not require the identification of individual user.

Choice and Access

Marketing.

If you prefer that we not share your data, please contact us at info@terrapoint.com or directly by mail to Terra Point, LLC, 1213 Ranch Road 620 South Suite 105 Lakeway, TX 78734, U.S.A.

Accounts.

If you register for an account on the Sites, you may review and update your account information by logging in to your account with your email address and password at https://terrapoint.com/account/signin as well as through additional links throughout the Sites.

If you are unable to correct or update any Personal Information through your Account, please contact us at info@terrapoint.com.

Tracking Technologies.

Cookies and Pixels. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Your ability to limit cookies is subject to your browser settings and limitations.
Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit, however, we do not currently monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Analytics. Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/.

If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Service may be inaccessible or not function properly.

Promotional Communications

Email. If you provide us your email address, we may email you newsletters, information about promotion, information regarding updates to the Sites or other correspondence. To opt out of promotional communications, you can unsubscribe from any emails or mailings by clicking on the "unsubscribe" hyperlink and following the instructions contained in each promotional email we send you. Please note that even if you opt out of any such promotional email list, you may continue to receive non-promotional email correspondence from Terra Point related to the Service, such as emails about orders you place or your account.

Direct Mail. To opt out of direct mail, such as catalogs, we will need your name and address, exactly as it appears on your catalog, to remove you from our mailing list. You may send us an email at info@terrapoint.com or a customer service representative can get your information for you by phone at 877-772-5598.

Text Messages and Calls. You can opt-out of receiving text messages or calls to your phone number at any time by (i) for text messages, texting “STOP” in response to any text message you receive from us or contacting us as set out in the “Contact Us” section below and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as set out in the “Contact Us” section below and specifying you want to opt-out of calls.

Complaints. You have the right to lodge complaints with competent authorities regarding the processing of your personal information. We hope though that if you reach out to us first, we can resolve your complaint amicably. Please contact us at info@terrapoint.com or directly by mail to Terra Point, LLC, 1213 Ranch Road 620 South Suite 105 Lakeway, TX 78734, U.S.A.

Third Party Websites

Our Sites may contain links to other websites. We are not responsible for the privacy practices or the content of such other websites. We encourage you to review the privacy notice of every website you visit.

Security

Although no system can guarantee the complete security of your information, we take all commercially reasonable steps to ensure your information is protected in alignment with all applicable laws and regulations, as appropriate to the sensitivity of your information.

Your Privacy Rights/California’s Shine the Light Law

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the preceding calendar year.

To request a copy of the information disclosure provided by Terra Point pursuant to Section 1798.83 of the California Civil Code, please contact Terra Point at Terra Point, LLC Attn.: Terra Point, LLC, 1213 Ranch Road 620 South Suite 105 Lakeway, TX 78734, U.S.A, 877-772-5998.

Nevada Privacy Notice – Sale of Personal Information

If you are a Nevada resident, you have the right to submit a request directing us not to make any sale of your Personal Information. Terra Point does not sell your Personal Information as defined under Nevada law. However, to request email confirmation that we do not sell your Personal Information, please send an email to info@terrapoint.com with “Nevada Opt-Out of Sale” in the subject line and in the body of your message. We will provide the requested information to you via an email response.

Updates to our Privacy Notice

If we make any changes to this Privacy Notice, we will post a notice on the Site and revise the date at the top of this Privacy Notice. In some cases, we also may send an email to you to notify you of the changes. We encourage you to check this Site periodically for any recent changes to this Privacy Notice.

Contact Us

If you have any questions concerning this Privacy Notice, please contact our Customer Service Department at info@terrapoint.com or by calling us at 877-772-5998.

Veri-Point Inspection Policy

Veri-Point™ Promise

Terra Point, LLC provides this Veri-Point™ Promise Policy to inform you of our policies and procedures regarding Equipment offered for sale with Veri-Point™ Promise.

Description. If indicated by a Veri-Point™ Promise icon in an Equipment listing, a general condition inspection ("Inspection") of the Equipment was performed and an Inspection Report was generated that includes ratings, comments, and photos of the various components of the Equipment. Veri-Point Inspection Reports are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments on the day of Inspection and do not include load testing or digging/lifting. Veri-Point Inspections are NOT intended to detect latent or hidden defects or conditions that could only be found by dismantling the Equipment or use of diagnostic equipment or techniques. In no event shall Veri-Point be liable for not identifying those or any other defects. The Inspection Report is the sole property of Veri-Point and is for your personal use only and may not be displayed, published, sold, reproduced, disseminated or otherwise distributed by you without the prior written approval from Veri-Point

Veri-Point™ Promise. . Under the Veri-Point™ Promise inspection certification program, if you discover that a piece of Equipment purchased by you is not substantially in the condition as represented in the Inspection Report and you are within the Eligible Dispute Period specified below, you may contact Terra Point Customer Care and submit a written dispute ("Dispute Claim") to Terra Point. To be considered, the Dispute Claim must be (a) in writing, (b) within the Eligible Dispute Period, (c) delivered to Terra Point as specified herein, and (d) satisfy the Dispute Conditions below. A deductible in the amount of USD 750.00 will be applied to any settlement of a Dispute Claim.

Eligible Dispute Period. For a Dispute Claim to be considered, without penalty, you must review the Equipment and submit a Dispute Claim prior to the first occurrence of any of the following:

Passage of Time -Eleven (11) business days after the date of the sale.
Self-Transported Equipment (e.g., vehicles or self-transported items) - At the time the Equipment leaves the point of pick-up at the Seller's location for Equipment. You are encouraged to examine the Equipment thoroughly prior to removing it from the location.
Transported via Common Carrier - Equipment delivered to (a) the Buyer's designated location within the United States, subject to Passage of Time provisions above.
Export -At the time Equipment leaves relevant port of export, if the Equipment is to be delivered outside the country where the Equipment is located, subject to the Common Carrier provisions above for Equipment located in the United States and Canada.
Disassembly - At the time you or your agent or representative begins disassembly of Equipment from its "as-inspected" configuration, including disassembly for transport.

A Dispute Claim will be considered subject to a penalty (equal to 50% of the final dispute resolution value) if submitted after the first occurrence of any aforementioned period and prior to the twenty-first (21st) business day after the date of the sale. You may elect to waive any resolution and resell the item through Terra Point at the cost of the deductible (Equipment must be located in a country Terra Point is authorized to sell from and all Dispute Conditions listed below must be satisfied).

Any Dispute Claim submitted after the twenty-first (21st) business day will not be considered, with or without penalty. At the time of Export and/or Disassembly (as defined above) you forfeit your right to any unresolved Dispute Claim on the Equipment and any future Dispute Claim will not be considered with or without penalty (unless Terra Point has provided their written consent).

Dispute Conditions. Dispute Claims are subject to the following conditions:

Receipt of full payment of the Transaction Fee, the Final Selling Price, and any associated taxes.
Additional documents may be requested to process or verify a Dispute Claim. All requested documents must be returned within two (2) business days from the date the initial request is sent from Terra Point.Requested documents returned after two (2) business days will be subject to delayed resolutions, late fees (not to exceed $750.00 USD), or potential denial of Dispute Claim.
For export items, Dispute Claims must be initiated and settled prior to export.
Ownership of the Equipment shall not have been transferred to another buyer.
The Equipment must be available for immediate re-inspection by Terra Point upon request.
Until a Dispute Claim is resolved, the Equipment may not be used, rented or leased and no changes to the condition of Equipment such as repairs or disassembly may be made. Notwithstanding the foregoing, you may move the Equipment around the lot, load/unload the Equipment, and operate the Equipment to verify the reported inspection condition after receipt of the Equipment; provided however that such operation does not result in the use of the Equipment for more than the lesser of (a) three (3) hours or (b) five (5) odometer miles from what is reported in the Inspection Report.
Terra Point shall not be responsible for any incidental damage which does not negatively impact the standard operation of Equipment or substantially alter the value of Equipment.
Terra Point shall not be responsible for Dispute Claims filed due to changes in Equipment condition as a result of exposure to the elements, including damage that occurs during transportation. Without limitation, Terra Point shall not be liable for failure of Electronic Control Modules for systems or components, electronic displays, or consumables (e.g. batteries, fluids, lights, belts, tires, brakes, bulbs, starters, alternators, Freon and filters).
Only substantial inaccuracies in the items reported in the Inspection Report are covered. In addition to items not discoverable on a general condition inspection, specific items that are not covered include (a) conditions that can be identified only through the operation of a machine on a job site or under load capacity (e.g., digging, pulling, lifting, etc.), (b) operating the machine through the full range of speeds required to evaluate all forward and reverse gears, (c) replacement or addition of attachments to the machine, (d) disassembly, (e) use of diagnostic or test equipment to evaluate characteristics such as engine compression, and (f) electrical systems, hydraulic systems, and leaks of any kind (including fluid and tires), and (g) cosmetic damage which does not impact the performance or standard operation of the Equipment.
Terra Point makes every effort to accurately describe Equipment using common industry terms. However, Equipment and options and attachments can be known by different terms in different parts of the country. You must refer to the pictures contained in the Inspection Report to clarify your understanding of specific Equipment characteristics. Terra Point is not responsible for any misinterpretation or oversight by you.
If available, model year, make, and model is taken directly from the data plate. If not available, Terra Point makes a good faith effort to find the model year, make, and model using widely accepted serial number guide reference material. Terra Point is not responsible for any conflicts in model year, make, and model from alternative sources in the marketplace. Terra Point is also not responsible for any conflicts in model year and year of manufacture within any make of equipment
Conditions visible in any of the Inspection Report pictures (including the full-size image visible through zooming), even if these conditions are not specifically mentioned in the written narrative comments of the Inspection Report, are not covered.
Drivetrain operational tests are limited to low speed in a confined flat area without load. Differential interlocks, full transmission shifting and functionality of all drive axles cannot be fully verified. Inspector listens for abnormal noises, observes leaks and notes physical damage.
Terra Point shall not be responsible for Equipment operating manuals or keys.
Terra Point makes no guarantees as to the actual hours/miles on Equipment. Terra Point can only report what can be visually observed.
The estimated total cost to fix items pursuant to a valid Dispute Claim must exceed $ 750.00 USD, which amount shall be applied as a deductible to any settlement of a Dispute Claim.
Dispute Claims filed on equipment with a sale price lower than $750.00 USD will not be considered.

Adjudication of Equipment and Dispute Claims. Terra Point shall be solely responsible for the review and adjudication of any Dispute Claims. All determinations made by Terra Point shall be final. In the event of a refund to Buyer relating to a Dispute Claim, Terra Point shall remit all funds in the manner in which Buyer submitted payment (i.e., wire transfer to Buyer's account or refund on Buyer's credit card).

Buyer's Terms and Conditions

Seller and Buyer Terms and Conditions

Set forth below are the terms and conditions (the “Terms”) that shall apply to the listing, sale and purchase of any equipment, goods, fixtures or other items (the “Goods”) by a seller (“Seller”) and buyer (“Buyer”) via this online marketplace, (the “Marketplace”). Terra Point, LLC (“Terra Point”) is not a traditional auctioneer but, rather, it hosts the Marketplace, which promotes Goods for sale by Sellers with prospective buyers and bidders (each, a “Bidder”). Consequently, Terra Point is not a party to the offer and acceptance process (each, a “Transaction”) or to the agreements formed between Seller and Buyer to sell and purchase Goods through the Marketplace. Unless otherwise stated, “You” refers to Sellers, Bidders and Buyers, collectively.

The Site Usage Terms and Conditions are incorporated herein.

Terms and Conditions (the “Terms”)

These Terms were last updated December 9, 2024.

1. Use;Purpose. Following acceptance of these Terms, Terra Point welcomes You to use the Marketplace to list, advertise, auction, sell, review listings, bid on and purchase Goods according to the rules of the platform (the “Purpose”). You may only access and use the Marketplace in a manner consistent with the Purpose. Any other use, including but not limited to copying or redistributing Goods or services on the Marketplace, interfering with the Marketplace or using the Marketplace for competitive analysis or data extraction or promoting or marketing other products or services is a material breach of these Terms. By accepting these Terms, You acknowledge and agree that all use of the Marketplace, including related communications with Marketplace representatives, may be recorded and monitored for quality assurance and compliance with these Terms.

2. Good Listings. Listings for Goods on the Marketplace may not include links to or a description of other items that Sellers may have for sale outside of the Marketplace. Sellers may not list Goods that are illegal to use or possess under any applicable law, rule or regulation. Sellers agree that Sellers shall disclose any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever contained within the Goods. Terra Point reserves the right, in its sole discretion, to (a) refuse to list any Goods at any time; (b) withdraw any Goods listing from the Marketplace; (c) review and verify a listing's information and description; or (d) cancel any Transaction that it deems to be suspicious or fraudulent and report it to applicable authorities.

3. VeriPoint™ Inspection. Seller may prepare an inspection report on the visible condition of the Goods’ major systems and attachments (the “Inspection Report”) via the VeriPoint app. VeriPoint inspections are NOT intended to detect latent or hidden defects or conditions that could only be found in connection with the physical dismantling of the Goods or the use of diagnostic equipment or techniques. Sellers must disclose any alterations or repairs or other maintenance to the Goods following issuance or publication of the Inspection Report.

4. Bidding. Sellers shall have the option to use the Marketplace to list for sale Goods via auction and/or to sell Goods via the "Buy Now" option. In doing so, Sellers acknowledge the following:

Reserve Price Listings. If, at the end of the stated listing period, the minimum price established by you (the “Reserve Price”) a Seller established has been met, the highest bid received from a Bidder will be automatically accepted. If the Reserve Price is not met during the stated listing period, Sellers may re-list the Goods.
Determination of Winning Bids. Terra Point is the final decisionmaker for the determination of winning bids (“Final Sale Price”). However, as Terra Point is acting solely as a Transaction facilitator, Terra Point shall not be liable for any errors or omissions relating to such determination, whether by Terra Point, a Seller, or another third party. Terra Point, in its sole discretion, shall control all bidding increments, closing time extensions and advances at any auction. Terra Point may, in its sole discretion, reject any bid for any reason, settle a dispute amongst Bidders and/or Sellers to the high bid or re-open a lot for any reason. No returns or refunds will be permitted, unless authorized by Terra Point in writing.

5. Binding Offer to Purchase. You acknowledge and agree that an Accepted Offer on the Marketplace is the legal equivalent of a firm commitment and an irrevocable offer to sell such Goods. Unless a Transaction is prohibited by law or regulation or these Terms, once an Accepted Offer is established, You are obligated to complete such Transactions. “Accepted Offers” include the following:

Online Auction - If a Bidder is the highest bidder at the close of an auction, and such bid meets or exceeds the applicable opening bid at close of the auction.
Buy Now - If Bidder elects to purchase Goods by clicking the “Buy Now” icon on the Equipment/Sales page.
Reserve - (a) If Bidder is the highest bidder and such bid meets or exceeds Reserve Price at the close of the reserve period noted on such listing (“Reserve Period”), or (b) If the Reserve Price is not met, if Bidder submits a bid on the Goods that does not meet the Reserve Price but, upon closing of the Reserve Period, (i) the Seller accepts such bid, or (ii) the Seller proposes a counter offer that Bidder accepts.

6. Purchase Agreements. Once (a) a Bidder has (i) committed to purchase the Goods at the Buy Now price or the Reserve Price, (ii) met or exceeded the Reserve Price at the end of the Reserve Period, or (b) You accept an offer or the Bidder accepts a Seller’s counteroffer, a Transaction is deemed automatically concluded (“Purchase Agreement”). All applicable terms and conditions of these Terms shall apply to the Purchase Agreement. The successful Bidder (now referred to as the Buyer) and Seller will be notified of the conclusion of the Purchase Agreement by an email or other notification that is generated automatically by the Marketplace. Upon consummation of the Purchase Agreement, Buyer shall provide all relevant shipping information by uploading the bill of lading and other requested documents by means of the Marketplace.

7. Payments. Upon consummation of a Purchase Agreement, the Marketplace will automatically generate an electronic invoice to be sent to the Buyer, along with detailed payment instructions (each, an “Invoice”). The Buyer shall provide payment in full to Terra Point, via its third-party payment provider, no later than one (1) day following conclusion of the Purchase Agreement (the “Final Payment Date”). Terra Point or its third-party provider will then remit payment to the Seller or to Seller’s lender (if the Goods are encumbered), less commissions and fees due to Terra Point, within two (2) days of Terra Point’s receipt of payment from Buyer.

8. Release of Goods; Risk of Loss. After receipt of payment and completion of any additional, required documents, You will be notified that the Goods are available for pick-up via an email that is generated automatically by the Marketplace (“Item Release”). Sellers shall make the Goods available for pickup at the Release Location (as defined below) no later than one (1) business day following the Item Release (the “Release Date”). You are responsible for the Goods until they are removed from the designated pickup location you provide on the Listing Form (the “Release Location”). Sellers are responsible for maintaining the Goods in the same condition as described in the listing through and including the time upon which the Goods are released to Buyer, and Sellers shall not use, rent, modify, alter or operate the Goods other than for agreed maintenance and upkeep and/or to transfer to the Release Location. You and Buyer shall coordinate pickup of the Goods, along with necessary items. You acknowledge and agree that Terra Point does not bear the risk of loss for the Goods.

9. Buyer Pick-up and Removal of Goods. Buyer shall be responsible for the safe and proper dismantling, loading, shipping, permitting (if necessary) and removal of any Goods from the Release Location no later than eight (8) business days of the Purchase Agreement (the “Final Removal Date”), after which Buyer may be responsible for payment to Seller of storage fees or costs to transport Goods to an alternate location. Title and risk of loss passes from Seller to Buyer upon the earlier of (i) full payment of Invoice and (ii) Buyer’s removal of the Goods. Terra Point, its agents or representatives will not be responsible for its containment, storage or removal.

10. Transfer of Title. Immediately (but no later than two (2) days) following receipt of payment, Seller shall provide physical title to Terra Point, along with any other information (e.g., proof of lien release, bill of sale) reasonably requested by Buyer to transfer title to Buyer and to enable Buyer to register the Goods. For encumbered Goods, Seller’s lender shall provide physical title to Terra Point as soon as practicable (but no later than twenty-one (21) days) after Seller’s lender receives payment from Terra Point.

11. Seller Options after Buyer Default. Terra Point shall not be held liable for any default by the Buyer. In the event a Buyer defaults on its obligations under a Purchase Agreement, Seller shall notify such Buyer and Terra Point of such default and provide Buyer with five (5) days to cure such default. If Buyer does not cure such default, Sellers may at its own risk and account rescind the Purchase Agreement with Buyer. If there was more than one bidder for the defaulted Goods, Seller may elect to offer the Goods to the second highest bidder. If the second highest bidder accepts, a Purchase Agreement will be concluded by the Marketplace in accordance with these Terms, and Seller will receive proceeds based on that second bidder's highest bid, less any applicable commissions and fees payable to Terra Point.

12. Postponement and Cancellation. Terra Point reserves the right to withdraw, postpone or cancel any listing, or any sale that results from a listing, in its own discretion, with or without notice. Terra Point shall have no liability to You or any third party because of any withdrawal, postponement or cancellation.

13. Payment Authorization. Bidder acknowledges and agrees that Terra Point, through its third-party payment processor, reserves the right, in its sole discretion, to request a “Zero Dollar Value” authorization check on your credit card as part of verifying Bidder’s identity. Bidder will be asked to provide customary billing information such as name, billing address, credit card information, or routing and account numbers for payments by electronic funds transfer either to Terra Point or its third-party payment processor(s). Bidder agrees to pay Terra Point for any purchases made in connection with the Marketplace in accordance with Section 8 of these Terms. If Bidder is directed to Terra Point's third-party payment processor(s), Bidder may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices.

14. No Agency. Terra Point offers You the use of the Marketplace, which functions as a platform on which You can list, advertise and purchase Goods for sale. Terra Point is not a party to the subsequent Purchase Agreement that is entered into between You. Terra Point does not represent You in the negotiation of any Purchase Agreement. Terra Point is not acting as an employee, agent, representative, broker, dealer or salesperson on Your behalf. It has no control over and does not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of content or listings; a Seller’s ability to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will complete a Transaction. You are using the Marketplace on your own behalf and are responsible for any actions that may be taken with respect to transactions that You enter into.

15. No Guarantee on Proceeds; No Shill Bidding. There is no guarantee as to the gross proceeds that may be realized from a listing on the Marketplace. Sellers may not manipulate the bidding in any way, including bidding on your own Goods, to artificially raise the final sales price. In the event of price manipulation, Terra Point will have the option to act against You, including but not limited to (a) ban You from future use of the Marketplace or (b) cancel any active Transaction(s).

16. Taxes. You shall be responsible for the determination and payment of any tax or duty arising in connection with the Goods. You acknowledge and undertake to make yourself aware of and comply with all laws that may be applicable to your access and use of the Marketplace and entering into a transaction on the Marketplace. Terra Point disclaims all liability in respect of your use of the Marketplace and your sale of any Goods resulting in any taxes (whether direct, indirect, local or federal), fines or penalties being levied on You. For the avoidance of doubt, it is your responsibility to satisfy yourself of any charges, taxes (whether direct, indirect, local or federal) or related obligations becoming applicable in respect of the transactions that You enter into on the Marketplace. You shall indemnify Terra Point and the Indemnified Parties against any tax, cost or expense arising from your failure to satisfy any laws or regulations in relation to a transaction.

17. Seller Conduct. Any deliberate attempt to artificially influence the sales price, directly or indirectly, by any Seller is prohibited, including bidding through a secondary account, agent or representative on Goods that Seller may be selling, or shill bidding. Each Seller agrees that it shall not:

(a) use the Marketplace for any purpose other than the sale of Goods;
(b) modify or alter any Marketplace or site information, materials or content in any way;
(c) adapt, reverse engineer or modify any aspect of the Marketplace, or Terra Point’s services;
(d) conduct any web data extraction, harvesting, web scraping or any similar actions, including the use of any spider, scraper, data mining, extraction or similar tool or means to access the Marketplace or copy information contained on the Marketplace;
(e) take photos, screenshots or other images of the Marketplace, or copy, download or distribute or create derivative works from the Marketplace;
(f) impose a disproportionately large load on Terra Point’s operating infrastructure;
(g) use the Marketplace for benchmarking or competitive analysis or to promote any other product or service;
(h) attempt to interfere with the Marketplace or transmit any virus to the network or systems;
(i) use the Marketplace to send any spam or junk mail;
(j) provide deceptive, false, fraudulent or misleading information;
(k) post any information that is defamatory, racist, abusive, harassing, pornographic or otherwise unlawful or offensive;
(l) use the Marketplace to launder the proceeds of illegal activity; or
(m) assist or permit any other person to do any of the acts described above.

18. Disclosure of Liens. Sellers agree that Sellers shall provide full disclosure to Terra Point and to potential Buyers of all liens, adverse claims and other title encumbrances and third-party interests that may exist on or pertain to the Goods. Sellers will at Sellers’ own cost and expense warrant and defend title to the Goods on behalf of the Buyer, its successors and assigns, against the claims and demands of all persons. If Sellers’ net proceeds from the sale of Goods listed on the Marketplace are insufficient to discharge creditor claims on the Goods, Sellers are fully responsible for paying the outstanding debt balance immediately upon demand by Terra Point.

19. Government Liens. If any government body, including but not limited to tax administrations, the U.S. Small Business Administration or any other governmental entity, holds a lien or encumbrance on the Goods, then Sellers shall be responsible for the payment of any independent equipment appraisals and documentation fees required to release such liens. You acknowledge and agree, and hereby authorize, that Terra Point may, in its discretion, pay for such appraisals and documentation fees and deduct the amount from the proceeds due to Sellers. If the net proceeds due to Sellers are insufficient to pay the fees, Sellers agree to promptly pay Terra Point upon receipt of an Invoice.

20. Intellectual Property. Terra Point owns all rights, title and interests in and to all data that is generated by the Marketplace, including, without limitation, data that is generated during a listing. You agree that it will not use, copy or otherwise take any action with respect to the Marketplace except as expressly permitted by these Terms. You agree that you will also acknowledge and respect the intellectual property rights of others when using the Marketplace. In connection with your use of the Marketplace, You agree that Terra Point may use your name, trademark, logos, service marks and other designations (“Marks”) to list You as a reference customer and to advertise, promote and market the Goods. You also agree that Terra Point may use data, specifications, information, videos, audio recordings and photographs of Goods that You upload to the Marketplace or which are provided on Your behalf to support the Listing Details. You hereby grant to Terra Point and represent and warrant that You have a right to grant, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, publicly display and perform, reproduce, and distribute the Marks, solely as permitted in this Agreement, including distributing e-mails to potential buyers that incorporate Marks. You further acknowledge that we will collect information and data that You provide us or that is collected through our site. You hereby grant Terra Point a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, host, aggregate, anonymize, reproduce, store, exploit, modify, adapt, edit, redistribute, access, copy, share, disclose, generate analytics and reports, publish, transmit, publicly display, process, create or prepare derivative works from, make available to third party and alter the content You post on the Marketplace in any manner, mode of delivery or media now known or future developed. Terra Point takes no responsibility and assumes no liability for any of your user content. To the fullest extent permitted under applicable law, You waive your right to enforce your intellectual property rights, including any moral rights, against Terra Point or any of its affiliates in connection with the provision, expansion or promotion of our services.

21. Representations and Warranties. You represent and warrant that (i) the Goods and Sellers’ use of the Marketplace shall follow all applicable laws, including country, regional, state and local regulations regarding emissions, safety or any other regulations as required by law (ii) no Goods shall be fraudulent, stolen or counterfeit, and Sellers will not provide false, deceptive, fictitious or misleading information about yourself or the Goods, (iii) You are duly authorized to enter into this Agreement, (iv) You are solvent and have not made any assignment, proposal or other proceeding for the benefit of your creditors and(v) Sellers own all right, title and interest in and to the Goods, and the Goods are free and clear of all liens or other encumbrances, except as otherwise disclosed by Sellers in the Marketplace, and (g) Your use of the Marketplace shall be in compliance with all applicable law.

22. Regulatory. Titled items must have a legible Vehicle Identification Number (VIN) or other unalterable identification as required by applicable law. You will disclose to Terra Point all modifications or omissions to the aforementioned country, regional, state and local regulations including whether the item has been salvaged, reconstructed, or damaged in a flood.

23. California Diesel Vehicle Regulation. The following disclosure applies to self-propelled, diesel-fueled vehicles twenty-five (25) horsepower and greater: “An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck. When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It, therefore, could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.

24. Title. If for any reason there is a final determination made by Terra Point that Seller is unable to deliver clear title or Buyer is unable to remove any Goods purchased, Terra Point’s sole liability shall be to return all sums paid by Buyer to Terra Point in respect of such Goods. Seller hereby agrees that under all possible circumstances, Terra Point’s maximum liability in all Transactions is hereby limited to refunding the purchase price actually received by Terra Point for the applicable Transaction.

25. Currency. Purchases in the United States are payable in U.S. funds.

26. Claim Pre-requisites. As a prerequisite to asserting any claims against Terra Point, You must set forth those claims in writing in sufficient detail to advise as to the particulars of such claim and deliver it by Certified Mail, Return Receipt Requested, to Terra Point within thirty (30) days of the conclusion of the auction at its address at 101 Huntington Avenue, Suite 1100, Boston, MA 02199. Any dispute of any nature whatsoever asserted against Terra Point shall be instituted within one (1) year of the assertion of its written claimPrivacy. Terra Point's Privacy Statement, located at https://terrapoint.com/terms?section=privacyPolicy is hereby incorporated by reference.