The following is the user agreement as presented by Jefferson State Trading Company. You must agree to these terms before you will be able to sell items, or bid on any item.
As part of the registration process you must print and mail a signed copy of an abbreviated portion of this agreement to Jefferson State Trading Company. You may obtain a copy of this abbreviated agreement by clicking on the "Print Abbreviated User Agreement" button below. To complete the registration, click the "I Agree" button at the bottom of this page and then complete form with your user information.
A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Auction Services. The terms “you” and “your” refer to you, as a user of the Auction Services. The terms “we,” “us,” “our,” “Jefferson State,” or “Jefferson State Trading Co.” refer to Jefferson State Trading Company, LLC, a California limited liability company.
“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Auction Services, such as reviews, compliments, invitations, advice, and information that you display. “Jefferson State Content” means Content that we create and make available on the Auction Services. “Third Party Content” means Content that is made available on the Site by parties other than Jefferson State or its users, such as data providers who license data to Jefferson State for use on the Auction Services.
If you are required to open an account to use or access the Auction Services, you must complete any account registration process that may be provided by Jefferson State by providing us with complete and accurate information. You may be asked to provide a password. If so, you are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify Jefferson State immediately of any unauthorized use of your account or password. Jefferson State shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Jefferson State, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.
4. LICENSE OF SOFTWARE. By this Agreement, Jefferson State is making available to you the Auction Software and Auction Services for use on our Site (collectively, the “Auction Services”). If you download or otherwise use any of the Auction Services, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Jefferson State. Jefferson State does not transfer either the title or the intellectual property rights to the Software or Auction Services, and Jefferson State retains full and complete title to the Software and Auction Services as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
5. DESCRIPTION OF AUCTION SERVICES. Through the Software, Jefferson State is providing auction services to users interested in selling and buying individual fishing quota (“IFQ”) items, including, but not limited to, Quota Share, Quota Pounds, and/or limited entry permits, via the Site. We reserve the right to restrict what items may be sold at any time, prior to or during an auction. You may not use the Auction Services to sell firearms, pornography in any form, and/or illegal merchandise, including, but not limited to, pirated software and music. Although Jefferson State disclaims all responsibility for the nature and content of the items sold via the Auction Services and disclaims any responsibility for monitoring said items, Jefferson State may, from time-to-time and in its sole discretion, review or otherwise monitor the items placed up for auction. Jefferson State reserves the right to remove any items for any reason or no reason without prior notice.
As a user, you may bid and/or sell items via the Auction Services. As a bidder, you acknowledge that placing a bid can result in a binding contract between you and the seller, and that you cannot retract the bid once placed. If the Seller accepts your bid, you will be obligated to buy the product at the indicated on your bid. Please be advised that failing to pay on a validly-placed bid is illegal in most states. As a seller, the description of the item offered for sale must accurately reflect the nature and quantity of the actual item(s) you are selling. Please be advised that offering for sale permits, Quota Shares, and/or Quota Pounds that are not registered to you, or any other items not legally under your control or ownership, is a crime. You acknowledge that you will enter into a binding contract for the sale of your item(s) with the bidder with the highest bid at the end of the auction period, except that if, the highest bid does not equal or exceed the minimum reserve price you have provided for the item(s), no binding contract will be formed, and you, as the seller, are not obligated in any way to sell the item(s).
Alternatively, the Auction Services also provide the sellers with the opportunity to sell items at a fixed price (the “Fixed Price Auction”). Instead of bidding, the potential purchasers simply accept the fixed price offer provided by the seller. Accepting such an offer results in a binding contract between buyer and the seller, which the buyer cannot retract once accepted. The buyer will be obligated to buy and the seller will be obligated to sell the items offered at the price quoted.
6. AUCTION SERVICES, ONLY. BY SIGNING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT JEFFERSON STATE IS PROVIDING AUCTION PLATFORM SERVICES, ONLY. In order to make a valid bid via the Auction Services, the bidder must be able and willing to transfer the amount of the bid, in U.S. Dollars, to us via the mechanisms provided through the Software, which we will hold in a protected Trust Account, if and when the bidder wins a given auction. If, at the conclusion of the auction period, the bidder does not win the auction, bidder is not required to transfer any funds to us. If, at the conclusion of the auction period, the bidder does win, and thereby enters into a binding contract with the seller, and send us the appropriate funds, we will transfer the funds to the seller, less a commission that we retain, once we have been notified by bidder/buyer or by the appropriate Federal or State agency or authority that title to the item(s) has been transferred. Please consult our website at www.jeffersonstatetradingco.com for the appropriate commission rate that applies to your transaction. The seller and buyer are responsible to ensure that title to is transferred. For the Fixed Price Auction, once the buyer has accepted the seller’s offer, the parties thereby have entered into a binding contract, and the buyer will be obligated to transfer the appropriate funds to us, which we will hold in a protected Trust Account. We will then transfer the funds to the seller, less a commission that we retain, once we have been notified by buyer or by the appropriate Federal or State agency or authority that title to the item(s) has been transferred. Please consult our website at www.jeffersonstatetradingco.com for the appropriate commission rate that applies to your transaction. ALL USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR OR PARTY TO ANY DISPUTES THAT MAY ARISE BETWEEN OR AMONG THE BIDDERS, THE BUYER, AND/OR THE SELLER. IN THE EVENT THAT DISPUTE ARISES BETWEEN OR AMONG THE BIDDERS, THE BUYER, AND/OR THE SELLER, ALL PARTIES AGREE TO HOLD JEFFERSON STATE HARMLESS AND TO INDEMNIFY JEFFERSON STATE PURSUANT TO SECTIONS 15 AND 16, BELOW. JEFFERSON STATE MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY BIDDERS OR SELLERS, AND JEFFERSON STATE ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT PROVIDED BY USERS OF THE AUCTION SERVICES. JEFFERSON STATE RESERVES THE RIGHT TO RETAIN THE BIDDER’S FUNDS IN THE EVENT OF A DISPUTE TO AWAIT FURTHER INSTRUCTION FROM THE APPROPRIATE AUTHORITIES OR TO RETURN THE BIDDER’S FUNDS TO THE BIDDER. IF, IN THE EVENT THAT BIDDER’S FUNDS ARE RETURNED TO BIDDER, THE SELLER EXPRESSLY AGREES TO HOLD JEFFERSON STATE HARMLESS, AND TO PURSUE ANY AND ALL RECOURSE AGAINST THE BIDDER, AND NOT AGAINST JEFFERSON STATE.
7. USER CONTENT. You grant Jefferson State a license to use the materials you post to the Auction Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Auction Services, you are granting Jefferson State, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Jefferson State, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Jefferson State may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Auction Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Auction Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Auction Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user identification. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
9. INTELLECTUAL PROPERTY OWNERSHIP. All Jefferson State Content included on the Auction Services, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Jefferson State and is protected by U.S. and international intellectual property laws. The compilation of all content on the Auction Services is the exclusive property of Jefferson State and protected by U.S. and international copyright laws. All software used on this site is the property of Jefferson State or its software suppliers and protected by United States and international intellectual property laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jefferson State and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Jefferson State name or trademarks without the express written consent of Jefferson State. You may not use any direct linking or source-calling of any media presented on this website.
10. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Jefferson State has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Auction Services. Jefferson State’ policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Jefferson State to delete, edit, or disable the material in question, you must provide Jefferson State with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jefferson State to locate the material; (d) information reasonably sufficient to permit Jefferson State to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Jefferson State’ designated agent at:
Copyright Infringement Agent
11. PROHIBITED CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
12. PROHIBITED CONDUCT. You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Auction Services:
Jefferson State assumes no responsibility for monitoring the Auction Services for prohibited Content or conduct. If at any time Jefferson State chooses, in its sole discretion, to monitor the Site or Services, Jefferson State assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.
If you become aware of misuse of the Site or of any prohibited Content or conduct, please report it to Jefferson State by sending us an email by clicking the e-mail icon on the bottom of the Home page at www.jeffersonstatetradingco.com.
14. NO WARRANTIES. JEFFERSON STATE HEREBY DISCLAIMS ALL WARRANTIES. JEFFERSON STATE IS MAKING THE AUCTION SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE AUCTION SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JEFFERSON STATE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AUCTION SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. JEFFERSON STATE DOES NOT WARRANT THAT THE AUCTION SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE AUCTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
15. LIMITED LIABILITY. JEFFERSON STATE’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JEFFERSON STATE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE AUCTION SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
19. BINDING ARBITRATION. If the Parties are unable to resolve a dispute through informal negotiations, either Party may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. USER ACKNOWLEDGES THAT ABSENT THIS SECTION, USER COULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Arbitration fees and the Parties’ share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Licensor will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable California law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, the Parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Any disputes pursuant to this provision will be arbitrated in Humboldt County, California.
22. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Auction Services. Jefferson State also reserves the right to terminate your use of the Site or Services for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.
By Pressing I Agree, You Agree to these terms listed above.