Terms and conditions

The RITCHIE BROS. ASSET VALUATIONS SERVICES™ is a data insights service that provides users with access to the latest market reports and valuation data insights derived from Mascus’ and Ritchie Bros.’ multiple global selling and listing solutions. These Ritchie Bros. Asset Valuations Services Terms cover Our delivery of, and Your access to and use of, the RITCHIE BROS. ASSET VALUATIONS SERVICES™.

Subject to the terms and conditions of these Ritchie Bros. Asset Valuations Services Terms, We will make the RITCHIE BROS. ASSET VALUATIONS SERVICES™ available to each user that placed an order for one or more of the RITCHIE BROS. ASSET VALUATIONS SERVICES™ product(s) for access and use on a limited, non-transferable, non-sublicensable, and non-exclusive basis for Your professional and business use of such RITCHIE BROS. ASSET VALUATIONS SERVICES™ product(s). You can register for the RITCHIE BROS. ASSET VALUATIONS SERVICES™ products with us by placing an order on http://avs.mascus.com/shop/.

You agree that any information or documentation concerning the RITCHIE BROS. ASSET VALUATIONS SERVICES™ (including, without limitation, Feedback and the RITCHIE BROS. ASSET VALUATIONS SERVICES™’s features, functionality and user interface) or otherwise disclosed by Us to You in connection with your access to the RITCHIE BROS. ASSET VALUATIONS SERVICES™ will be considered and referred to as “Confidential Information”. Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of Yours, (b) is generally made available to the public by Us, (c) is independently developed by you without the use of any Confidential Information, or (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, will not be considered Confidential Information under these RITCHIE BROS. ASSET VALUATIONS SERVICES™ Terms. All Confidential Information remains Our sole property, and you have no implied licenses or other rights in the Confidential Information not specified herein.

Except as expressly permitted in this Section 4, You agree that You will not disclose, publish, or otherwise disseminate any Confidential Information to anyone other than individuals within Your organization, or as otherwise expressly permitted or agreed to in writing by Us. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the RITCHIE BROS. ASSET VALUATIONS SERVICES™ to third parties through your account. You agree to use the Confidential Information solely for the permitted uses as set forth in these RITCHIE BROS. ASSET VALUATIONS SERVICES™ Terms.

You are responsible for ensuring that the credentials and interfaces provided by Us are kept confidential. You will notify Us without undue delay upon discovering any suspected unauthorized access to the RITCHIE BROS. ASSET VALUATIONS SERVICES™ or misuse of a Your credentials or the relevant interfaces and will cooperate with Us to investigate and remediate the situation. You are responsible for all activities that occur using your credentials. We may suspend Your access and use of the RITCHIE BROS. ASSET VALUATIONS SERVICES™ if You breach these Ritchie Bros. Asset Valuations Services Terms or we deem it appropriate to prevent, investigate or otherwise address a risk to the integrity, safety, functionality or any suspected misuse of the RITCHIE BROS. ASSET VALUATIONS SERVICES™ or Your credentials. The RITCHIE BROS. ASSET VALUATIONS SERVICES™ is not available to any users we have previously removed or suspended from the RITCHIE BROS. ASSET VALUATIONS SERVICES™ without our express, written permission. If Your access is terminated or limited, You will continue to be bound by these Ritchie Bros. Asset Valuations Services Terms.

You agree to comply with these Ritchie Bros. Asset Valuations Services Terms as a condition of access to the RITCHIE BROS. ASSET VALUATIONS SERVICES™, and You will, and will ensure registered users associated with You, do not: (a) sell, resell, license, sublicense, redistribute, make available, rent or lease any of the RITCHIE BROS. ASSET VALUATIONS SERVICES™, Supporting Documentation, or their contents, or derivative works therefrom, for the benefit of any other person or entity in a service bureau, outsourcing offering or in a manner that it would be reasonably likely to be used by a third party as a substitute for the RITCHIE BROS. ASSET VALUATIONS SERVICES™ or make any of the RITCHIE BROS. ASSET VALUATIONS SERVICES™ or Supporting Documentation, its contents (in whole or in part), or any derived data available to anyone other than You or Your Users, or use the foregoing other than for its intended purpose of understanding the equipment market and, where ordered, estimating values of equipment and other assets or for the benefit of anyone other than You or Your Users; (b) disclose, display or disseminate any RITCHIE BROS. ASSET VALUATIONS SERVICES™ content in whole or in part, or any derivative work therefrom, in public, including but not limited to conferences, trade shows or any other external group event or forum; (c) access or use the RITCHIE BROS. ASSET VALUATIONS SERVICES™ other than through the interfaces made available by Us for such purpose; (d) use any robot, spider or other manual or automatic device or technique to extract, “scrape”, collect, retrieve, index, mine, copy or otherwise reproduce or store information or content available from the RITCHIE BROS. ASSET VALUATIONS SERVICES™, other than the functionality made available by Us therein; or (e) in any way circumvent the navigational structure or presentation of the RITCHIE BROS. ASSET VALUATIONS SERVICES™; or (f); interfere with or disrupt the integrity or performance of the RITCHIE BROS. ASSET VALUATIONS SERVICES™; or (h) permit direct or indirect access to or use of the RITCHIE BROS. ASSET VALUATIONS SERVICES™, Supporting Documentation or its contents in a way that circumvents a contractual usage limit; (i) frame or mirror any part of any web-based RITCHIE BROS. ASSET VALUATIONS SERVICES™ or its contents; or (j) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile the RITCHIE BROS. ASSET VALUATIONS SERVICES™ or its contents;, or (k) delete any copyright or proprietary notice contained in the RITCHIE BROS. ASSET VALUATIONS SERVICES™ or Supporting Documentation.

Subject to the limited rights expressly granted under these Ritchie Bros. Asset Valuations Services Terms, We, Our affiliates, and our respective licensors reserve all rights, title and interest in and to the RITCHIE BROS. ASSET VALUATIONS SERVICES™ (including without limitation all Market Reports, images, reports and other content made available) and all intellectual property rights therein.

As part of the RITCHIE BROS. ASSET VALUATIONS SERVICES™, We may provide You with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to Us. We may request this Feedback by way of email, web surveys, focus groups or other means. By accepting these RITCHIE BROS. ASSET VALUATIONS SERVICES™ Terms, You agree that We may contact you from time to time regarding the RITCHIE BROS. ASSET VALUATIONS SERVICES™, including newly released features and enhancements. You agree that We may use such Feedback freely for any purpose with no obligation to compensate You in any way and that such right is irrevocable and perpetual without any limitations.

In order to access the RITCHIE BROS. ASSET VALUATIONS SERVICES™, We will collect certain basic contact information about You (name, email, phone number and organization) through the order process. This information will be used to set-administer and invoice the RITCHIE BROS. ASSET VALUATIONS SERVICES™ product You ordered as well as to contact You regarding the RITCHIE BROS. ASSET VALUATIONS SERVICES™. While using the RITCHIE BROS. ASSET VALUATIONS SERVICES™, We and Our analytics service providers will collect diagnostic, technical and usage logs and data from Your device and based on Your interactions and activity in the RITCHIE BROS. ASSET VALUATIONS SERVICES™. Some of this information, such as user ID and other unique identifiers may be used to personally identify users. We collect, use, store analyze and otherwise process this information to maintain, protect and improve the RITCHIE BROS. ASSET VALUATIONS SERVICES™ and related services. We do not sell this data. You hereby acknowledge such collection and further processing of the information is permitted for Our legitimate business interests. You acknowledge that this may include transmission of Your data to or from locations in the United States, Europe, and other countries or jurisdictions, potentially including those outside of where You reside or use the RITCHIE BROS. ASSET VALUATIONS SERVICES™, and which have differing standards and laws applicable to its processing. Any data that identifies or may reasonably be used to identify You will be handled in accordance with our privacy statement and We will not disclose it publicly if doing so reveals Your identity. You may be entitled to exercise certain rights in respect of the processing of such data. For more information review our privacy statement in full here: https://rbglobal.com/privacy-statement/.

We use commercially reasonable efforts to make the RITCHIE BROS. ASSET VALUATIONS SERVICES™ available 24/7/365 and provide users with technical support. However, We are under no obligation to do so. You understand the RITCHIE BROS. ASSET VALUATIONS SERVICES™ is provided “AS-IS” and is under continuous development, may at times be inoperable or incomplete and likely contain bugs and errors. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE RITCHIE BROS. ASSET VALUATIONS SERVICES™ IS PROVIDED WITHOUT ANY WARRANTY, CONDITION, UNDERTAKING OR GUARANTEE OF ANY KIND AND WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS AND HEREBY DISCLAIM ANY EXPRESS, IMPLIED AND STATUTORY WARRANTIES (TO THE EXTENT PERMITTED BY LAW AND WHETHER NOW OR SUBSISTING IN THE FUTURE) OF ANY KIND INCLUDING SUCH WARRANTIES IN RESPECT OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS, ACCURACY, TIMELINESS, AVAILABILITY OR COMPLETENESS OF THE RITCHIE BROS. ASSET VALUATIONS SERVICES™ OR MARKET REPORTS. WE MAKE NO GUARANTEES THAT ANYONE WILL ACTUALLY REALIZE ANY PARTICULAR VALUE OR FINANCIAL RESULT ON THE PURCHASE, SALE, FINANCING, LEASE OR TRADE OF ANY ASSET WHEN BASING SUCH DECISIONS ON INSIGHTS RECEIVED OR GAINED FROM THE RITCHIE BROS. ASSET VALUATIONS SERVICES™. FURTHER, WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR THE INACCURACY OR INCOMPLETENESS OF THE RITCHIE BROS. ASSET VALUATIONS SERVICES™ OR MARKET REPORTS OR FOR ANY ERRORS OR OMISSIONS IN THE RITCHIE BROS. ASSET VALUATIONS SERVICES™ OR MARKET REPORTS.

Following your successful and paid order, we will (a) make the selected RITCHIE BROS. ASSET VALUATIONS SERVICES™ product available to You pursuant to this Agreement and applicable terms and conditions; (b) where applicable, use commercially reasonable efforts to make the web-based purchased RITCHIE BROS. ASSET VALUATIONS SERVICES™ product available to You, except for: (i) planned downtime, and (ii) any unavailability caused by circumstances beyond Our reasonable control; and (d) where applicable, provide the RITCHIE BROS. ASSET VALUATIONS SERVICES™ and Supporting Documentation to You in accordance with this Agreement and applicable terms and conditions.

You will pay all fees specified with the order. Except as otherwise specified herein or in an Agreement: (a) fees are based on a one time only purchase of the selected product within the RITCHIE BROS. ASSET VALUATIONS SERVICES™; (b) fees paid are non-refundable. You are responsible for providing Us with complete and accurate billing and contact information during the placing of the order. Unless otherwise specified in an applicable Agreement, the invoice for using the RITCHIE BROS. ASSET VALUATIONS SERVICES™ will be provided by email following receipt of the fees by Us. Our fees do not include any applicable value added tax and any other taxes (whether current or imposed in the future), bank charges or levies whatsoever. You are responsible for paying any all of the foregoing amounts associated with Your purchases under this Agreement. If we have the legal obligation to pay or collect amounts for which You are responsible under this section, We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority.

IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, AGGRAVATED, PUNITIVE OR SPECIAL LOSSES OR DAMAGES UNDER OR IN CONNECTION WITH THESE RITCHIE BROS. ASSET VALUATIONS SERVICES™ TERMS OR ITS SUBJECT MATTER, INCLUDING FOR ANY LOSSES OR DAMAGES RESULTING FROM LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, LOSS OR IMPAIRMENT OF USE, LOSS OF OR DAMAGE TO DATA, OR DAMAGES FOR OTHER LOST INCOME, HOWEVER CAUSED, WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE RITCHIE BROS. ASSET VALUATIONS SERVICES TERMS OR ITS SUBJECT MATTER EXCEED THE AMOUNT OF TWO HUNDRED AND FIFTY EURO (EURO 250). THIS SECTION 11 WILL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BREACH OF CONTRACT (FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

This Agreement commences on the date you place the order for the relevant RITCHIE BROS. ASSET VALUATIONS SERVICES™ product(s) and continues until 12 months after the order was placed. If you are in breach of this Agreement, without limiting Our other rights and remedies, We have the right to suspend, immediately, the provision and require the seize of use by You of the RITCHIE BROS. ASSET VALUATIONS SERVICES™ in whole or in part without penalty, or to terminate the Agreement. Upon termination or expiry of this Agreement You will promptly cease further use of any purchased RITCHIE BROS. ASSET VALUATIONS SERVICES™ product and will destroy and delete all copies of the RITCHIE BROS. ASSET VALUATIONS SERVICES™ and Supporting Documentation provided to You and Your Users. Upon request, You will provide a certificate confirming its compliance with this Section. Termination or expiry of this Agreement will not affect the rights granted to You in the “License Grant” section below to the content and data available through the RITCHIE BROS. ASSET VALUATIONS SERVICES™ that was previously received, accessed, and used by You prior to the effective date of termination or expiry, provided that: (a) You continue to be bound by the usage restrictions contained in this Agreement, which survive termination or expiry, and (b) any archival/backup copies of such content and data made by You are destroyed within 30 days of the effective date of termination or expiry. The sections 3-9 and 12-23 will survive any termination or expiration of this Agreement.

Subject to the limited rights expressly granted under this Agreement, We, Our affiliates, and Our licensors reserve all of their right, title and interest in and to the RITCHIE BROS. ASSET VALUATIONS SERVICES™ and content therein, including all of their related Intellectual Property Rights. So long as You pay the fees and comply with the other terms and conditions of this Agreement, We hereby grant to You a 12-months, royalty-free, non-exclusive, non-assignable, limited right to use, integrate, and copy internally for archival and/or backup purposes, the content and data available through the ordered product of the RITCHIE BROS. ASSET VALUATIONS SERVICES™ in each case solely for the internal business purposes of You in connection with Your equipment and other assets. You grant to Us a worldwide, irrevocable, royalty-free license to use and incorporate into Our services any suggestion, enhancement request, recommendation, correction or other feedback provided by You or Your Users relating to the operation of Your or Your affiliates services.

Each party represents that (a) it has the legal right and full power and authority to execute and perform its obligations under this Agreement; and (b) this Agreement constitutes a valid and binding Agreement enforceable against each party in accordance with its terms. We warrant that it has the right to grant the license to the RITCHIE BROS. ASSET VALUATIONS SERVICES™, Supporting Documentation and the contents therein pursuant to this Agreement. For any breach of a warranty above, Your exclusive remedies are Our re-performance of the ordered RITCHIE BROS. ASSET VALUATIONS SERVICES™ as soon as reasonably practicable at no additional cost. We reserve the right to reasonably add to or alter or delete any part of the web-based RITCHIE BROS. ASSET VALUATIONS SERVICES™ provided. EXCEPT AS EXRESSLY SPECIFIED IN THIS AGREEMENT, THE RITCHIE BROS. ASSET VALUATIONS SERVICES™ IS PROVIDED WITHOUT WARRANTY, CONDITION, UNDERTAKING OR GUARANTEE OF ANY KIND AND WE MAKE NO REPRESENTATIONS AND HEREBY DISCLAIMS ANY EXPRESS, IMPLIED AND STATUTORY WARRANTIES (TO THE EXTENT PERMITTED BY LAW AND WHETHER NOW OR SUBSISTING IN THE FUTURE) OF ANY KIND INCLUDED BUT NOT LIMITED TO SUCH WARRANTIES IS RESPECT OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS, ACCURACY, TIMELINESS, AVAILABILITY OR COMPLETENESS OF THE VALUATION SERVICES. WE MAKE NO GUARANTEES THAT YOU WILL ACTUALLY REALIZE ANY PARTICULAR VALUE DERIVED FROM THE VALUATION SERVICES IN THE SALE, FINANCING OR TRADE OF ANY ASSET, NOR THAT YOU WILL BE ABLE TO OBTAIN ANY PARTICUILAR FORM OF CERTIFICATION FROM ANY FINANCIAL SUPERVISORY AUTHORITY IN CONNECTION WITH ITS USE OF THE RITCHIE BROS. ASSET VALUATIONS SERVICES™. FURTHER, WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR THE INACCURACY OR INCOMPLETENESS OF THE RITCHIE BROS. ASSET VALUATIONS SERVICES™ OR FOR ANY ERRORS OR OMISSIONS IN THE RITCHIE BROS. ASSET VALUATIONS SERVICES™.

You acknowledge that the RITCHIE BROS. ASSET VALUATIONS SERVICES™ assume equipment or other assets being valued are in normal operating condition having regard to their age, and their use and regular maintenance in accordance with manufacturer’s specifications and recommendations. You also acknowledge that valuation estimates derived from the RITCHIE BROS. ASSET VALUATIONS SERVICES™ are perishable and reflect the information known to Us as of the date the underlying data supporting the RITCHIE BROS. ASSET VALUATIONS SERVICES™ was last updated by Us.

Where the RITCHIE BROS. ASSET VALUATIONS SERVICES™ contain link to materials that belong to other persons that We do not own or control, We do not endorse or assume any responsibility for those persons websites, information, products or services. If You access a website or service from the RITCHIE BROS. ASSET VALUATIONS SERVICES™ or share Your data or information on or through the website or service, You do so at Your own risk. You acknowledge that We are not responsible for any loss or damage of any sort relating to Your dealings with such persons and You hereby relieve Us from any and all liability arising from Your use of any such person’s website, service or content. Your dealings with such persons are between You and them.

You represent that You are not named on any U.S. government or any other jurisdiction’s denied-party or sanctions list. You will not permit any user to access or use the RITCHIE BROS. ASSET VALUATIONS SERVICES™ in a embargoed country or region or in violation of any U.S. export law or regulation and that of any other jurisdiction applicable to Your business operations.

No delay or failure to act under these Ritchie Bros. Asset Valuations Services Terms will constitute a waiver unless expressly waived in writing, signed by Our duly authorized representative, and no single waiver will constitute a continuing or subsequent waiver. These Ritchie Bros. Asset Valuations Services Terms may not be assigned by you in whole or in part. Any contrary assignment shall be null and void.

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the service, as We determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users. You may notify Us at the addresses specified in Section 23, which must be in writing and will be deemed delivered: (a) on the day of delivery in person; (b) one day after deposit with an overnight courier, fully prepaid, or by first-class mail, properly posted.

You control how We market to your email address. Where the law permits, We may use your email address to send you messages about the services, such as changes to features or functionality and special offers. If You do not want to receive marketing emails, You may opt out. Opting out may prevent You from receiving email messages regarding improvements, events and offers; however, opting out will not prevent You from receiving service-related and legal notices.

We may modify, add or remove terms from these Ritchie Bros. Asset Valuations Services Terms from time to time by posting the amended terms on www.rbassetsolutions.com and associated URLs. When We change the Ritchie Bros. Asset Valuations Services Terms in material manner, We will update the ‘last updated date at the top of this page. The changes take effect on the date specified in the amended terms. We may also notify you by surfacing an alert while using the Services. Your continued use of the RITCHIE BROS. ASSET VALUATIONS SERVICES™ after any such change constitutes your acceptance of the new terms and conditions. If You do not agree to any of these terms or any future terms, do not use or access (or continue to access or use) the RITCHIE BROS. ASSET VALUATIONS SERVICES™.

These entity entering into these Ritchie Bros. Asset Valuations Services Terms (“We”, “Us” or “Our”) is Mascus International B.V. You acknowledge and agree that any litigation or dispute resolution between You and Us will take place in before the courts of Breda, NL and shall be governed by Dutch law. These Ritchie Bros. Asset Valuations Services Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Our address for notice is Bijster 3, 4817 HX Breda, The Netherlands Attn: Legal Affairs, facsimile + 31(0)76 524 2600.

If the RITCHIE BROS. ASSET VALUATIONS SERVICES™ is provided for end use by an agency, department or other entity of the United States Government, then it is provided solely as follows: the RITCHIE BROS. ASSET VALUATIONS SERVICES™, including related software and technology, are “Commercial Items” as that term is defined in FAR 2.101. As such, government technical data and software rights related to the RITCHIE BROS. ASSET VALUATIONS SERVICES™ include only those rights customarily provided to the commercial marketplace as specified in these Ritchie Bros. Asset Valuations Services Terms. This customary commercial license is provided in accordance with FAR § 12.211 (Technical Data) and FAR § 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227- 7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these Ritchie Bros. Asset Valuations Services Terms, it must negotiate with Us to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum to these Ritchie Bros. Asset Valuations Services Terms specifically granting those.

If any provision of these Ritchie Bros. Asset Valuations Services Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Ritchie Bros. Asset Valuations Services Terms shall otherwise remain in full force and effect and enforceable.

These Ritchie Bros. Asset Valuations Services Terms constitute the entire agreement with respect to Your participation in, and access to, the RITCHIE BROS. ASSET VALUATIONS SERVICES™ and supersedes all prior or contemporaneous oral or written agreements concerning the same. Except as expressly set forth herein, any waiver or amendment of any provision of these Ritchie Bros. Asset Valuations Services Terms shall be effective only if in writing and signed by authorized representatives of both parties. Any translation of these Ritchie Bros. Asset Valuations Services Terms is done for local convenience only and in the event of a dispute between the English and any non-English versions, the English version shall govern. The prevailing party in any dispute resolution procedure to enforce these Ritchie Bros. Asset Valuations Services Terms will be entitled to recover its reasonable legal fees and other expenses incurred in bringing such proceeding.