DRIVE ONLINE SALES TERMS AND CONDITIONS
DRIVE ONLINE SALES IS A DIVISION OF JACKIE LACKEY, INC.

Bidders and DRIVE Online Sales agree that the terms and conditions set forth below shall govern this online auction. All registration information provided by Bidders to DRIVE Online Sales shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidders agree to not use any device, software or routine to interfere or attempt to interfere with the proper functioning of this online auction sale. Bidders acknowledge that this online auction is conducted electronically and that DRIVE Online Sales and other parties to the online auction will therefore of necessity rely on hardware and software that may malfunction without warning.

To proceed with bidder registration, Bidder must first agree to the following Terms and Conditions / User Agreement.

Eligibility:
Our services are available only to individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you may use our services only in conjunction with your parent or legal guardian. If you do not qualify, please do not use our services. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind such entity to this Agreement.

Implied Warranty/Disclaimer:
DRIVE Online Sales makes no warranty, express or implied, as to the information used or shared by DRIVE Online Sales in connection with this online auction. Information is provided to DRIVE Online Sales by the client is believed to be true, accurate, and correct. However, DRIVE Online Sales has not researched this information for its accuracy, reliability, or veracity and is not reasonable for any false, incorrect, or misleading information. DRIVE Online Sales is not responsible for any claims related to lots.

Your Information:
You are solely responsible for providing accurate information that will be used to identify you to this online auction system, to deliver notices to you and to allow DRIVE Online Sales to contact you. If your contact information changes, then you are responsible for updating it or notifying DRIVE Online Sales in writing so that we may update your account. DRIVE Online Sales will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner. Your personally identifying information will be protected as per DRIVE Online Sales Privacy Policy, which is incorporated by reference into this Agreement. DRIVE Online Sales may refuse to provide services to anyone at any time in its sole discretion. You will be suspended or permanently banned from this site if you provide false information when registering, such as a false name or false contact information. You will also be permanently banned from this site if you are the successful Bidder in an online auction and do not honor your auction bid. Our use of e-mail addresses is strictly for contacting Bidders and Owners/Sellers; any use of this private information by anyone else or for any other reason is strictly prohibited and will result in appropriate legal action.

Description of Information:
DRIVE Online Sales believes the descriptions of lots appearing in this online auction sale and in advertising prior to this online auction sale to be correct. No description of any lot or oral statement made by DRIVE Online Sales or Owner/Seller concerning any lot shall be construed as a warranty, express or implied. LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all lots were available for inspection prior to the online auction sale and, by these terms; DRIVE Online Sales and Owner/Seller strongly encourage Bidder to carefully inspect each lot in which Bidder has any interest. Bidder relied solely on personal inspection and not on information listed on this site or otherwise provided by DRIVE Online Sales or Owner/Seller. Bidder's failure to inspect any lot or otherwise be fully informed as to the nature, quality, condition, quantity and size of the lot shall not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale. These written terms constitute the final expression of the parties' agreement and are a complete and exclusive statement of the terms of the contract for sale, or refusal to close the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this contract for sale and this transaction and shall NOT apply to the merchandise that is the subject of this sale and this transaction. DRIVE Online Sales is not responsible for the actions the Owner/Seller and Buyers take before, during, and after the online auction sale, typographical errors, misprints, loss of merchandise/money, and damage or failure of equipment due to visits to this site. Use of this site is at Bidder's own risk, and all content is presented "As Is". Specific terms regarding auction location, lot descriptions, payment terms, shipping and delivery, insurance and other important information is located by clicking the sale info icon on each auction page.

Bidding:
Bidding is done in increments and will vary by lot according to the current price. You are encouraged to bid the maximum amount you are willing to pay for the lot (Maximum Bidding). Be aware that you may be outbid minutes before the close of the online auction and may not have the opportunity to enter another bid.

You will not automatically receive notification if another bidder outbids your maximum bid. You will therefore need to monitor the auction activity to stay fully informed.

In the event of a tie, the earlier bid will be considered the winning bid. When bidding ends, all sales shall be considered final. There are no exchanges or refunds absent express statement to the contrary expressed herein. A bid by any person shall be deemed conclusive proof that such person is familiar with the Terms and Conditions of Use and Auction Rules and that the Bidder agrees to be bound by them.

Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the Bidder's own computer. The time lapse between submission of a bid and its registration can vary by several seconds. Bids are queued by DRIVE Online Sales's host computer in the order received. Bid positions are awarded on a first come, first served basis. Bids are time stamped by the host computer with the time received. To be accepted, bids must be received by the host computer prior to closeout.

In the event of malfunction by DRIVE Online Sales's host computer, the online auction will be stopped. If the malfunction has not affected the sale prior to the malfunction, the lots will be considered sold. Auction of any remaining lots will be completed upon correction of the malfunction. Bidding on the remaining lots will be open, with no bid positions awarded upon resumption of the auction. Any malfunction by the Bidder's computer or Internet Service Provider is not DRIVE Online Sales's responsibility.

As a Bidder, placing a bid is a binding contract between you and the Owner/Seller, and the bid cannot be retracted. Once a Bidder places a bid and becomes the high/winning bid, the Bidder will be obligated to buy the lot at the said price indicated. Placing a winning bid for a lot and failing to pay the price indicated may violate the law of Bidder's applicable jurisdiction and may result in prosecution under the laws of that jurisdiction. The Owner/Seller of property sold through this online auction site reserves the right to reject any and all bids for any reason.

As a Bidder, you are responsible for any bids placed by you or a designated representative under your bidding number and password. The security of your Bidder information is your sole responsibility and the Bidder will be responsible for any and all bids placed under the assigned number. If you believe at any time that your Bidder number and password have been compromised due to lack of security on your part, you must notify DRIVE Online Sales immediately.

Bidders agree that when using the Maximum Bid feature on our online auction Web site, Bidder uses that feature according to its applicable terms and conditions. Please note that, when using the Maximum Bid feature, if you are the current high Bidder and you want to change your Maximum Bid, you will be required to place a new bid in the increment designated for that lot in order to raise your Maximum Bid, which may cause you to raise your last high bid by one bid increment. You, as a Bidder, by using the Maximum Bid feature, agree to and understand this feature's operation.

Bid Retractions:
There are no bid retractions. ONCE SUBMITTED, ALL BIDS ARE IRREVOCABLE AND CANNOT BE CANCELLED. Once a bid is made and confirmed, it cannot be retracted. When a bid is made you manifest your intent and ability to buy the lot at the bid price. A false or fraudulent bid may result in legal action. Any winning Bidder who refuses to purchase the lot may be banned from all future online auctions.

Despite efforts to avoid the withdrawal of lots from the online auction sale after they are listed, it may sometimes be necessary to so withdraw lots. Therefore, the Owner/Seller reserves the right to do so at any time before or during the online auction sale.

Reserve Price:
An auction lot may have a reserve price. The reserve price is the lowest price at which the lot will be sold. The reserve price is never disclosed to Bidders, but a note may be displayed in the lot information screen specifying the existence of a reserve price. When the reserve price has been met the screen may read "Reserve Price Met". The lot will then be sold to the highest bidder at the conclusion of the online auction sale. When an article is sold with reserve, DRIVE Online Sales may bid on the Owner/Seller's behalf in an amount not to exceed the reserve price.

If the reserve price is not met, the lot will not be sold during that online auction. The Owner/Seller reserves the right to accept or reject any or all bids unless otherwise stated.

Limit of Liability:
In no event shall DRIVE Online Sales be liable for lost profit or any special, incidental, or consequential damages whatsoever arising, including negligence, out of or in connection with any sale or transaction.

DRIVE Online Sales reserves the right to reject or void bids, whether winning or not, if DRIVE Online Sales determines, in DRIVE Online Sales's sole discretion, that said bid was not made in good faith or is restricted, prohibited, or taxed due to local laws.

DRIVE Online Sales has sole and final discretion to determine winning bidders. In the event of a dispute between parties, the decision of DRIVE Online Sales is final. DRIVE Online Sales accepts no liability for any errors or omissions.

DRIVE Online Sales reserves the right to reopen bidding to settle any matters related to disputed bids or ties. DRIVE Online Sales reserves the right to postpone or cancel a sale without notice, if it is determined in DRIVE Online Sales's sole discretion that such action is appropriate.

In the event of any withdrawal, cancellation, or postponement of any sale, DRIVE Online Sales has no liability or obligation to any intended bidders.

Title and Delivery:
Title passes to the high Bidder at the end of the allotted bidding time for each lot. All risk of death, damage, or injury to each lot becomes the Buyer's risk upon the end of the allotted bidding time. Each Buyer, following his or her purchase, will receive an Acknowledgement of Purchase via e-mail outlining the details of the transaction including payment, settlement, and final terms.

Registration Papers:
Registration papers shall be delivered from the Owner/Seller to the Buyer within approximately 45 days of the Buyer's check clearing the bank or acceptance of final payment. The Owner/Seller is responsible for the transfer of registration papers. DRIVE Online Sales assumes no responsibility for registration transfers.

Transportation:
The Buyer, at Buyer's own expense, shall transport the livestock or merchandise from the Owner/Seller. Specific arrangements will be indicated on each individual auction and expenses will be handled between Buyer and Owner/Seller. If you have questions regarding transportation, contact the Owner/Seller before placing any bids.

Payment:
Payment for purchases must be made payable to DRIVE Online Sales, unless otherwise noted in the specific online auction's terms and conditions. Buyer must acknowledge and agree not to retract the purchase offer. Buyer shall be responsible for making arrangements for delivery of merchandise or livestock. All bids are in US Dollars; all settlements will be paid in US Dollars.

No buyer's premium. Credit Card payments will be subject to a 3% credit card processing fee. Cashier's Check or Money Order send next day air to Drive Online Sales, 1201 N 1st, PO Box 243, Haskell, TX 79521. Full payment must be received in 4 business days from the close of bidding. Late fees are subject to a 2% finance charge after the fourth day. A fee of $50 will be assessed on all late payments and returned checks and the bidder may be denied access to future auctions.

Authorized Agents:
Persons acting as agents or representatives for another parties must indicate their agent/representatives status when signing their Acknowledgement of Purchase.

Default of Purchase:
If any person shall purchase a lot and fail to pay for it in the manner described above, the Owner/Seller shall have, in addition to all other legal rights, the right to resell the lot, or, at Owner/Seller's option, bring an action for specific performance, in which event the defaulting Buyer agrees to pay all costs of such suit, together with all reasonable attorney's fees and expenses. In the event of a resale, the defaulting Buyer agrees to pay all costs of resale, plus any deficiency between the original purchase price and the total price upon resale. If Buyer brings a lawsuit against DRIVE Online Sales and does not prevail, Buyer will reimburse DRIVE Online Sales for all reasonable legal fees and expenses incurred in connection with said suit.

Indemnification:
Bidders and Owner/Seller shall hold harmless, defend, protect, and indemnify DRIVE Online Sales and its owners, affiliates, subsidiaries, agents, employees, assigns, successors, heirs, and personal representatives from any and all suits, liabilities, claims, demands or damages (including attorney's fees, costs, and other expenses related to defending such claims) and arising out of Bidder's and Owner/Seller's use of the online auction service, the violation of these terms of service, the infringement of the service using Bidder's computer, or of any intellectual property or other right of any person or entity.

Legal Compliance:
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our online auction service and your bidding on, listing, purchase, solicitation of offers to purchase and sell items.

No Agency:
You and Owner/Seller and DRIVE Online Sales are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Venue:
Venue for any cause of action arising out of this Agreement shall be Stonewall County, Texas.

General:
This Agreement shall be governed in all respects by the laws of the State of Texas, as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents.

We do not guarantee continuous, uninterrupted, or secure access to our online auction services, and operation of our online auction site may be interfered with by numerous factors outside of our control.

If any provision or portion of a provision of this Agreement is held to be illegal, invalid, or unenforceable for any reason, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement.

The remaining provisions of this Agreement shall remain in full force and effect.

You agree that this Agreement and all incorporated agreements may be automatically assigned by DRIVE Online Sales, in our sole discretion, to a third party, in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

DRIVE Online Sales provides a venue and mechanism to bring Buyers and Owner/Sellers together over the Internet. Since we do not participate in the physical transaction between Buyers and Owners/Sellers, we do not have any control or assume any responsibility for the quality, safety, or legality of the lots advertised, the truth or accuracy of the listings, the right or ability of the Owners/Sellers to sell lots or the right or ability of Buyers to buy lots. We have no control over whether Buyers or Owners/Sellers actually complete the transaction.

Because user authentication on the Internet is difficult, we cannot confirm the identity of Bidders and we take no responsibility for the validity of each Bidder and/or bid.

By using the Service, you acknowledge that DRIVE Online Sales cannot possibly authenticate a Bidder's validity, and in the event of a dispute between Bidders, you release DRIVE Online Sales, our partners, employees, and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

DRIVE Online Sales may amend these terms and conditions at any time by posting the amended terms on our Web site. The amended terms shall automatically be effective 10 days after they are initially posted on our Web site. These terms and conditions were last revised on September 13, 2010.

Disclosures:
The services hereunder are offered by DRIVE Online Sales, PO Box 243, Haskell, TX 79521. DRIVE Online Sales is acting as an agent for the Owner/Seller.

Privacy Policy:
You must submit personal information at the time of registration to bid on this auction site. We will never give or sell your information to any outside company. The information you provide us with will only be used by us, the auction company, and the Owner/Seller that you purchase items from, to maintain records for the auction sales and to aid us in providing service to you. This online auction site contains links to other sites. We are not responsible for the privacy practices or the content of other Web sites.

Your consent:
By using our Web site, you are consenting to the collection and use of this information by this auction company. We use e-mail mailing lists to notify our customers about online and live auctions. If your e-mail or other registration information changes please notify us immediately. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to us and we will promptly remove your name from our list.