Online Platform Terms of Use & Auctioneer Participant Agreement

1. About Our Online Platform & Auctioneer Participants

Our Online Platform provides a trusted marketplace where buyers can access and purchase pre-owned agricultural equipment and related machinery offered by the Company. Through our Online Platform, you can browse and participate in auctions for a wide selection of competitively priced equipment, including tractors, combines, sprayers, and more from top brands such as John Deere, Case IH, and Brent, as well as apply for financing to assist with your purchase (the "Platform Services"). Your visit to our Online Platform is generally done in your capacity as an "Auctioneer Participant" who is using our Online Platform to browse equipment listings, bid in auctions, apply for financing, and purchase equipment.

In your capacity as an Auctioneer Participant, even if you are just visiting our Online Platforms for interest or review, please take the time to carefully read these Terms of Use in detail, both to protect your rights and honor the rights and intellectual property of the Company.

2. Changes to These Terms of Use

Please note that we retain the right to revise and update these Terms of Use from time to time in our sole discretion or as necessary to comply with changing laws or operational needs. In all instances, all changes are effective immediately when we post them to our Online Platform, and the changes apply to all uses of the Online Platform from and after posting. Your continued use of our Online Platform after such changes constitutes your acceptance of the updated Terms of Use. However, any changes or modifications to these Terms of Use will not apply retroactively. In addition, changes to these Terms of Use will not impact the binding effect of any separate agreements we may enter into with Auctioneer Participants (such as financing agreements for their purchase of equipment) or create revisions to such agreements, given that these Terms of Use are intended only to govern access to the Online Platform.

3. Access, Account Security & Privacy

3.1 Right of Access

Our Online Platform is being made available to you for your personal use only as an Auctioneer Participant, as described in Section 1 above. You may use the Online Platform to register and maintain an account, browse available equipment, participate in auctions, apply for financing, and access other features, content, and services we may provide. Subject to these Terms of Use, we therefore grant you a limited, non-exclusive, non-transferable, and revocable right of access or license, as applicable, to:

• Download, install, and use the Online Platform or related applications for your personal use as an Auctioneer Participant on any mobile device or computer owned or otherwise controlled by you (for the purposes set out herein); and
• Access, register, view, submit, engage with, and use the content, features, functionality, and Online Platform for your own lawful interactive purposes, including engagement with our auction features (collectively, the "Right of Access").

3.2 Availability and Access

From time to time, at our discretion, we may restrict your access to certain portions of the Online Platform, revoking the Right of Access described in Section 3.1 above. We reserve the right to withdraw or amend any of the services or material we provide to you on our Online Platform, at our sole discretion and without notice (so long as such withdrawal does not violate applicable law). We will not be liable to you if for any reason all or any portion of the Online Platform is unavailable at any time or for any period, whether for maintenance or scheduled downtime.

3.3 Modification

The Company reserves the right, at any time, to modify, suspend, or discontinue any Platform Services (in whole or in part) or the Right of Access with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform Services or the Right of Access, or any parts thereof. The Company commits to exercising reasonable efforts to notify you of all modifications, suspensions, and updates to the Platform Services and these Terms of Use.

3.4 Termination of Access

Either you or the Company may terminate your access to the Platform Services (and thus terminate these Terms of Use) at any time through notice to the other party, or through our online account termination process available through the Online Platform. On termination, you lose and forfeit the Right of Access and any further rights to use the Platform Services. However, the following items shall survive termination:

• Our rights to use and disclose Feedback;
• Sections 4, 7, 12, 13, and 14 of these Terms of Use;
• Our rights to seek to collect any amounts and outstanding fees you may owe to us;
• Our rights to maintain certain information and data in accordance with our Privacy Policy; and
• Our rights under any separate financing agreement with you or another Auctioneer Participant, if any.

3.5 Profile Responsibilities and Security

If you choose to create an online profile with the Company as part of your general use of the Online Platform, you are solely responsible for retaining all login information and account access details. You acknowledge that your account profile is personal to you, and you agree not to provide any other person with access to portions of your account containing your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use or disclosure of your username or password, or any other breach of security. Please exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your secure information.

We have the right to disable any username, password, or other identifier at any time, at our sole discretion for any or no reason, including if you have violated any provision of these Terms of Use.

3.6 Privacy

Your privacy and the protection of the information you may submit through the Online Platform are important to the Company. To access our Platform Services or register a profile with us, you may be asked to provide registration details (for example, required information such as your formal legal name and email address, and optional information such as your street address, state, zip code, or profile photo). A condition of your use of the Online Platform is that all the information you provide to us or through the Online Platform is correct, current, and complete. For all Auctioneer Participants visiting the Online Platform, all information you provide to register with or use our Online Platform is governed by our "Privacy Policy".

3.7 TCPA Consent; Mobile Alerts

You expressly authorize the Company, our agents, representatives, and/or affiliates to contact you via SMS (including text messages), email, and/or phone regarding auctions, auction results, promotional offers, information about your account, and products or services we think may be of interest to you, at the phone number(s) or electronic address(es) you provide. We may contact you using a variety of methods, including SMS/text messages, email, calls using pre-recorded messages or artificial voice, and calls or messages delivered using an automatic telephone dialing system or automatic texting system. You certify and warrant that the telephone number(s) and electronic address(es) you provide are your own and that you have the authority to receive communications sent via those channels. You understand that additional carrier charges may apply for SMS/text messages, as determined by your cell phone plan. You agree to promptly notify us if you stop using a particular telephone number or electronic address.

To protect the security of your information and our Online Platform, we may offer you the option of using dual-authentication or SMS messaging to access our Platform Services. The Company or our designated carriers will only send these messages after you have provided affirmative consent to receiving those messages during the account registration process by voluntarily uploading your phone number, in accordance with applicable laws such as the Telephone Consumer Protection Act.

You retain the right to revoke your consent and opt out of receiving such communications from us at any time by contacting us using the information provided below or, for SMS/text messaging, by replying "STOP" to any such message. You acknowledge that you are not required to provide this authorization as a condition of using the Online Platform and Platform Services.

3.8 Eligibility and Age Restrictions

The Online Platform is intended solely for individuals who are at least eighteen (18) years of age, or the age of legal majority in their jurisdiction of residence, whichever is greater. By accessing or using the Online Platform and Platform Services, including participating in any auctions, you represent and warrant that you meet these age requirements. If you are under 18 years of age, or under the legal age of majority in your jurisdiction, you are not authorized to create a profile, make bids, or otherwise participate in any auctions or other activities on the Online Platform. We reserve the right to refuse access, suspend, or terminate any account or activity where we have reason to believe the Auctioneer Participant does not meet these eligibility requirements or where participation would violate any applicable local, state, or federal law or regulation. It is your responsibility to ensure that your use of the Platform complies with all laws, rules, and regulations applicable to you.

3.9 Identity Verification, Credit Checks, and Fraud Detection

You agree that, as a condition to participating in auctions, utilizing the Platform Services, or accessing the Online Platform, the Company may, prior to and during your use of the Online Platform, obtain and use information about you to verify and authenticate your identity, perform credit checks, and detect and prevent fraud, as well as for any other lawful purpose, in accordance with our Privacy Policy. By accepting these Terms of Use, you authorize the Company and its agents to verify and authenticate any information you provide and to conduct any inquiries deemed, in our sole discretion, necessary to validate your personal, business, financial, credit, or other information. You expressly authorize the Company to disclose such information to third-party service providers engaged by us to provide identity verification, credit assessment, and fraud detection services on our behalf. If you object to your information being transferred or used in this manner, please do not use our Online Platform or Services.

4. Ownership Matters & Permitted Uses

4.1 Ownership of Online Platform

The Online Platform (including all logos, trademarks, copyrights, content, source code, integrations, features, software, published works and articles, displays, images, graphics, and online formatting originally developed by us or our representatives) are owned by the Company, our licensors and IP partners (if any), or other providers of such content, being expressly protected by United States and international copyright, trade dress, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Use of any content or material relating to the Online Platform without prior written authorization by the Company or outside the permitted uses in these Terms of Use is strictly prohibited. We stress that the value of our Online Platform is based, in large part, on the unique works of authorships, trade secrets, rights, generative models, engagement tools, integrations with other parties, and unique coding and design represented in the business solutions we deliver. As such, we will pursue all necessary action to protect the rights underlying our Online Platform.

4.2 Permitted Uses

These Terms of Use permit you to use the Online Platform for your personal use or auction-related activities (according to Section 3.1 above and the Right of Access). Accordingly, you must not unlawfully reproduce, distribute, modify, or create derivative works of any of the material on our Online Platform (including the Platform Services), except as follows:

• Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser or mobile device for display enhancement purposes.
• You may print or download copies of your history and review of the Online Platform.
• You may download local copies of auction-related materials and content so long as such copies are not derivative works or created or accessed with the intent of infringing on the rights of the Company or any third party.
• If we provide desktop, mobile, web, or other applications for download, you may download copies to your computer or mobile device solely for your own personal and auction-related use (consistent with Section 3.1 above).

By using the Online Platform, you agree not to delete or alter any copyright, trademark, or other proprietary rights notices from copies (or print versions) of content and reports from the Online Platform. EXCEPT AS SET FORTH IN THESE TERMS OF USE, NO RIGHT, TITLE, OR INTEREST IN OR TO THE ONLINE PLATFORM OR ANY CONTENT ON THE ONLINE PLATFORM IS TRANSFERRED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY US AND OUR OTHER AUCTIONEER PARTICIPANTS, IF ANY, WHO HOLD SUCH RIGHTS.

5. Purchase Obligations & Payment Terms

5.1 Bids and Purchase Obligations

When you place a bid in any auction, you acknowledge and agree that each bid you submit constitutes an irrevocable offer to purchase the equipment at the bid amount, plus any applicable buyer's premium, taxes, shipping, handling, and other fees. Your bid may not be withdrawn or modified except as expressly permitted by the specific auction terms or applicable law. All bids are subject to review and acceptance by the Company. We reserve the right to reject or void any bid for any reason, at our sole discretion.

If you submit a winning bid in any auction, you are obligated to complete the purchase of the equipment for which you have placed the winning bid, subject to these Terms of Use and any applicable auction terms which may be provided to you by the Company. Unless otherwise stated in the auction listing, our posted prices and winning bid amounts do not include taxes, shipping, handling, insurance, or other fees that may occur in the ordinary course of business transactions. By placing a bid, you agree to pay the full purchase price and any designated buyer's premium, taxes, shipping, handling, and other applicable fees. Failure to promptly pay any amounts when due may result in cancellation of your purchase, suspension of your account, or other remedial actions as determined in our sole discretion.

5.2 Form of Payment

You may pay for your winning bids and purchases through a variety of payment methods, including: (i) third-party payment processors, (ii) invoicing through our Online Platform, (iii) credit and debit card payments and pre-authorization, (iv) ACH (Automated Clearing House) payments, and (v) installment or financing arrangements with us or an approved third-party. If you use a third-party service, you may be subject to the terms and conditions of that third party in addition to these Terms of Use. You hereby authorize us to, without further notice to you, charge any credit or debit card you maintain on file with us in connection with any amounts due, or to otherwise automatically debit any account you maintain on file with the Company. If you use a credit or debit card, we may request preauthorization for a transaction for validation purposes and/or to ensure sufficient funds are available in your account. Payment is required in full as specified in your invoice or payment instructions, unless you have arranged and been approved for an installment or financing plan. Any terms relating to financing arrangements between the Company and you must be set forth in a separate financing agreement expressly agreed to in writing by both parties. No financing arrangement will be valid absent such a written agreement.

5.3 Changes to Fees and Payment Terms

We reserve the right to modify payment terms, including the types of payment methods accepted, at any time in our sole discretion and based upon the particular item for sale. Any changes will be communicated with reasonable notice and will apply to transactions occurring after the effective date of such changes.

5.4 No Refunds

All sales are final. Except as otherwise expressly stated by the Company or as required by law, payments for winning bids and completed purchases are non-refundable, including in the event of cancellation or termination of your account or participation.

6. Auction Eligibility and Procedures

Participation in any auctions may be subject to eligibility requirements established in the sole discretion of the Company. You may be required to apply for and obtain approval from the Company to participate in specific auctions. Approval to participate in one auction does not guarantee eligibility or approval to participate in any future auctions, and the Company retains the sole and absolute discretion to refuse or revoke your eligibility for any auction at any time.

The Company will list available items for bidding on the Online Platform. Auction dates, times, order, and schedule of items to be auctioned are determined solely by the Company and are subject to change without notice. Individual items may be modified or withdrawn at any time, in the Company's sole discretion.

The terms and conditions for participation in each auction – including, but not limited to, the manner in which bids are accepted, bid increments, bid retraction or cancellation, buyer eligibility, and specific conditions of sale (such as warranties, shipping costs, insurance, and other fees) – may vary for each auction and are set by the Company in its sole discretion. It is your responsibility to review all applicable auction terms before participating, as such terms are subject to change at any time.

7. Trademarks

The Company name and any Company logo we display on our Online Platform—including all related names, features and solution descriptions, and slogans—are trademarks of and proprietary to the Company or its affiliates and service providers. You must not use or exploit such marks and logos without the prior written permission of the Company.

8. Prohibited Uses & Restrictions

During your interaction with our content (including all Platform Services), you may only use the Online Platform for lawful, personal purposes and in strict accordance with these Terms of Use (including Section 3 and Section 4 above). During your visits to our Online Platform, you expressly agree not to use (or exploit) the Platform Services:

• For any commercial purposes that extend beyond your personal participation as an Auctioneer Participant, or for any activity unrelated to browsing, bidding, purchasing equipment, or otherwise engaging with the Online Platform as permitted herein.
• To violate any applicable federal, state, local, or international law or regulation.
• To infringe upon or violate our intellectual property rights or those of any third party.
• For the purpose of exploiting, harming, or attempting to exploit any natural person or entity (including other users on the Online Platform).
• In any manner that could disable, overburden, damage, or impair the Online Platform or interfere with any other person's or entity's use of the Online Platform.
• To upload or transmit viruses, bugs, or any other type of malicious code.
• To engage in any other conduct or statements that restrict anyone's use or enjoyment of the Online Platform and our content.
• To "flood" our support channels or communication networks with requests that might unreasonably overburden or disrupt the Online Platform.
• In connection with any device, software, action, or routine that interferes with the proper working of the Online Platform.
• To gain unauthorized access to, damage, or disrupt any parts of the Online Platform that are based on payment of any fees or financing arrangements (including with respect to our Platform Services).
• To disclose information and details that you do not have the legal or contractual right to share.
• To target, harass, threaten, or otherwise harm any user of the Online Platform.
• For any unauthorized or unlawful marketing, sharing, or secondary use of any content or information accessed through the Online Platform.

9. Feedback

If you provide the Company with any feedback or suggestions regarding the Platform Services or the Online Platform ("Feedback"), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.

10. Monitoring & Enforcement

To enforce these Terms of Use and protect the integrity of the Online Platform, we retain the rights to: (A) take appropriate legal action in connection with any illegal or unauthorized use of the Online Platform or our Platform Services; and (B) terminate or suspend your Right of Access to all or part of the Online Platform for any violation, or suspected violation based on evidence available to us, of these Terms of Use. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone using the Online Platform.

11. Links to Other Sources & Parties

If the Online Platform contains links or plug-ins to other sites and resources provided by third parties, these links and plug-ins are provided for your convenience only and for your voluntary visiting, if you choose to do so. We stress that we have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Online Platform, you do so entirely at your own risk and subject to the terms and conditions for such websites.

12. Disclaimers & Limitation

12.1 Disclaimer of Warranties

ALL CONTENT, INFORMATION, MATERIALS, AND OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU BY THE COMPANY AND THROUGH THE ONLINE PLATFORM, AND THE ONLINE PLATFORM ITSELF, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PLATFORM OR THE CONTENT, INFORMATION, MATERIALS, OR OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU THROUGH, THE ONLINE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE PLATFORM AND ANY OF THE CONTENT, INFORMATION, MATERIALS, OR OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU THROUGH, THE ONLINE PLATFORM, IS AT YOUR SOLE DISCRETION AND RISK.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS ADVERTISED OR THE TRUTH OR ACCURACY OF THE LISTINGS. THE COMPANY DOES NOT REVIEW OR EVALUATE THE ITEMS AUCTIONED, OR VERIFY THE DESCRIPTIONS GIVEN OR CLAIMS MADE, REGARDING THE PRODUCTS. YOU EXPRESSLY REPRESENT THAT YOU SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, STATUTES, ORDINANCES, AND REGULATIONS RELATING TO YOUR USE, PURCHASE, AND DISTRIBUTION OF ANY PRODUCTS THAT YOU BID UPON OR PURCHASE THROUGH THE ONLINE PLATFORM.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS PLATFORM SERVICES AND THE ONLINE PLATFORM, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO COMPLIANCE WITH AUCTION LAWS THAT MIGHT IMPACT AUCTIONEER PARTICIPANTS, AND ALSO DISCLAIMS ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS.

12.2 Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, OUR AFFILIATES, OR ANY OF OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, EQUITY HOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR ONLINE PLATFORM AND PLATFORM SERVICES. THIS LIMITATION EXPRESSLY PRECLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AGAINST THE COMPANY, EVEN IF FORESEEABLE BY YOU OR US.

SUBJECT TO ANY ADDITIONAL LIMITATIONS IN A SEPARATE AGREEMENT WITH YOU, IN NO EVENT WILL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY EXCEED THE TOTAL AMOUNTS AND FEES PAID AND AMOUNTS AND FEES ACCRUED BUT NOT YET PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR LOSSES.

12.3 Indemnification

As indicated in these Terms of Use, we cannot and will not be liable for your misuse of our Online Platform or your breach of these Terms of Use. Accordingly, you agree to indemnify (which is a legal term of art, meaning you will compensate, reimburse, and protect us from certain losses), defend, and hold the Company and our affiliates, officers, directors, employees, representatives, licensors, agents, and client base harmless from and against any and all direct or third-party claims, losses, damages, judgments, costs, and expenses (including reasonable attorney fees) arising out of your misuse of our Online Platform, any violation of these Terms of Use, or your failure to comply with any applicable laws or regulations.

12.4 Bidding and Auction Risk Disclosure

By using the Online Platform – including participating in auctions, placing bids, applying for financing, or making purchases – you acknowledge and accept certain risks inherent in these activities. Auction activities may involve the risk of financial loss, including the obligation to complete a purchase if you submit a winning bid, even if market values fluctuate or you change your mind following the auction close. All bids are irrevocable offers to purchase and, if accepted by the Company, must be honored in accordance with these Terms of Use and applicable auction rules. There is also a risk that you may be outbid, that you may not win desired items, or that auction terms, item details, or availability may change at any time and without notice.

Your experience on the Online Platform depends on the reliability of electronic systems (software, hardware, internet, power, etc.), which may be subject to technical failures or interruptions affecting your ability to place or confirm bids, receive notifications, or complete purchases. We do not guarantee uninterrupted access or error-free operation of the Online Platform and are not liable for any losses or missed opportunities resulting from technical issues, outages, or other disruptions to the Online Platform or Platform Services.

Please carefully review and understand the rules and terms for each auction before participating. By using the Online Platform, you assume all risks associated with your participation.

13. Auctioneer Participant Representations and Warranties

In addition to any other representations and warranties set forth herein, you represent and warrant that (A) if you are an individual, you are of the age of majority in your state of residence (consistent with Section 3.8 above); (B) you have all requisite legal authority and capacity to enter into these Terms of Use, to engage in auction activities of your own volition and risk tolerance, and to use the Platform Services on your own behalf and to perform your obligations hereunder; and (C) you are, and at all times will be, in compliance in all material respects with all applicable laws, rules, regulations, and court orders or rulings concerning the Platform Services and your actions on the Online Platform.

14. General Terms

14.1 Entire Agreement

Except as specifically referenced or incorporated herein (for example, our Privacy Policy), these Terms of Use constitute the sole and entire agreement between you and the Company regarding the Online Platform and your use of our Platform Services. Subject to the priority of any separate agreement entered into directly between you and us, these Terms of Use supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Platform and your access to the Platform Services.

14.2 Severability

If any provision of these Terms of Use is held by a court or any other authority of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

14.3 Governing Law; Geographic Scope

All matters relating to the Online Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of North Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of North Dakota or any other jurisdiction). Although our Platform Services are available to Auctioneer Participants in a number of jurisdictions, we are based in the United States. As such, we make no claims or representations that the Platform Services are fully accessible or appropriate for visitors outside of the United States.

14.4 Individual Disputes Only

You agree that any dispute you bring shall be between you individually and the Company. To the fullest extent permitted by law, you agree that: (a) no dispute will be joined with any other; (b) there is no right or authority for any dispute to be litigated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS THE COMPANY AGREES OTHERWISE, A JUDGE MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

14.5 Attorney Fees (limited scenarios)

In the event that we are required to pursue legal action against you to protect the Company's rights under Section 4 (Ownership Matters), Section 7 (Trademarks), or Section 8 (Prohibited Uses), you fully acknowledge, understand, and agree to be responsible for all collection costs, reasonable attorney fees, court costs, and a collection fee as allowed by applicable law.

14.6 ADA Compliance

As you may already know, organizations that otherwise qualify as places of public accommodation must ensure that their public-facing websites comply with the Americans with Disabilities Act (the "ADA"). Because of the private nature of the Company's Platform Services and Online Platform, the Company does not represent, warrant, or otherwise promise that the Online Platform is compliant with the ADA. If you have any questions or requests concerning ADA compliance, please contact us at the information set out below.

14.7 Contact Information

For questions about these Terms of Use or the Online Platform, please contact: [insert email].

14.8 Notice to California Residents

If you are a California resident visiting our Online Platform, in accordance with Cal. Civ. Code §1789.3, you may report valid complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.