Privacy & Terms | RM Sotheby's

1.1

Personal Information: Personal information is information, or a combination of pieces of information, that could reasonably allow you to be identified. As described in more detail below, we may gather several different types of information about users of our Services, including first and last name, home or other physical address, contact information (including email address and telephone number), social security number, identification cards and numbers (such as driver’s licenses, passports or other photo identification), other identifiers that permit you to be contacted online or offline, date of birth, age, sex, marital status, purchase history, selling history, data about past transactions with us or those we represent, consignment contracts and other contractual obligations, your interests (such as your interests in particular vehicles or kinds of vehicles), opinions, evaluations, comments, social status, disciplinary actions and financial and payment information (such as bank letters, bank account information, tax certificates, credit reports, loan records, and credit cards). We also collect information about your use of our Sites, and our transactions or other communications.

1.2

Information We Collect Directly From You: We gather and retain personal information about you when you voluntarily submit it to us. For example, if you choose to register for an account or make an inquiry into a certain vehicle, we will retain the data you submit to respond to your inquiry and/or request, and for our records. We also collect information relating to purchases, communications or other transactions you may engage in with us. This may include payment information (such as payment card details and billing addresses), order details, auctions you attended, shipping details, and other information.

1.3

Information We Collect Automatically:

1.3.1.

Like many other websites and online services, we collect information about users’ utilization and navigation of the sites, for authentication purposes, and to collect information about devices and browsing actions. This information may be collected automatically by cookies, pixels, clear gifs, device identifiers, and other data collection technologies (collectively, “Cookies”). We also leverage certain services such as Google Analytics and Facebook, which use Cookies to collect and analyze information about use of the Sites and report on activities and trends. We may identify your use of our Sites across devices and websites and over time, and we may use information we collect from you and receive from others to customize your use of the Sites as you use different devices. Please note that third parties may collect personal information about your online activities over time and across different websites when you use our Sites.

1.3.2.

Information we collect automatically includes: the URL that you visited before you came to the Sites; the URL to which you next go; your Internet Protocol (IP) address or other identifiers associated with your devices; the pages you visit; information regarding your browser, device, operating system, and internet service provider; and other information regarding your activities on our Sites. Please note that the information we collect, including IP addresses, may permit us to identify your specific location or region. We may combine the information we collect about you, including automatically collected information, with other information we gather, including information gathered about you by third parties.

1.3.3.

As of the Last Updated Date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or to other mechanisms that provide the ability to exercise choice regarding the collection of personally identifiable information regarding your online activities over time and across third-party websites or online services. We do not control how third parties may use information they gather, including through Cookies or other content third parties may provide on our Sites.

1.4.

Information We Collect From Social Networking Activities: Our Sites may include the ability for you and other users to link to and share information on social networking websites. The Sites may include the ability for you and other users to share information with other individuals. We may receive information about you when you choose to post or otherwise share information about our Services on social networking websites, or when you or others post or share information on social networking sites or on other websites or services. Our Sites may also permit you to email particular listings to another individual.

1.5.

Information We Collect From Other Sources: We may collect information about you from third-party sources, including from individuals authorized to promote the sale of or sell vehicles (including dealers). We may also collect information about you from companies we represent or our affiliates, or from other companies that collect or analyze information about consumers or users. Examples of information we receive from third-party sources include: (1) information about you from dealers and our affiliates such as when you are interested in a vehicle, including to register you for an auction with your permission; (2) information from dealers, our affiliates, and other sources to help anticipate consumer trends and needs; (3) information provided from sources you have authorized to share information with us, either on our Site or via third-party applications, devices, websites, or other digital interfaces; (4) credit, identity and anti-money laundering and other checks and reporting; (5) information from individual users (such as friends or acquaintances) who may forward you auction listings from our site using our “Alert a Friend” feature; and (6) other similar types of information. We may also gather information from other third parties with their own privacy practices and policies. We may combine information obtained from other sources with information we collect ourselves.

2.1.

To manage our Sites and present its contents to you, to better suit our users’ needs, operate our business, help diagnose problems with or administer the Sites. If you establish an account with us, we may use information about you to manage or support your account and to conduct any legally required verification or anti-money laundering checks in relation to you.

2.2.

To provide you with information or Services that you request or inquire about, including through mailers, catalogues, and e-mails.

2.3.

To know which auctions you plan to attend or have attended in the past.

2.4.

To facilitate registrations and transactions for buyers, sellers, and their agents at auctions.

2.5.

For general business purposes, including management and administrative purposes.

2.6.

To complete transactions requested by you, including to transfer vehicle titles, ship vehicles and process payments.

2.7.

For marketing purposes, to communicate with you about the Services and new offerings associated with the Services, including to register media and perform sales targeting.

2.8.

To improve and evolve our Services, including our Sites.

2.9.

To communicate with you, including to provide status updates and other service communications, to provide you with notices about your account and to contact you through telephone, text, email or chat, as permitted by law.

2.10.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

2.11.

To allow you to participate in interactive features on our Sites.

2.12.

To verify your identity, prevent fraud and enhance security during the provision of our Services.

2.13.

To audit and provide reporting relating to particular transactions and interactions, including online interactions you may have with us or others on our behalf.

2.14.

To conduct internal research.

2.15.

To contact you, including via telephone, text or chat.

2.16.

In any other way we may describe when you provide information or with your consent.

2.17.

For other lawful purposes.

3.1.

We may share the information that we collect about you in the following situations:

3.1.1.

To our affiliates, for our everyday business purposes

3.1.2.

To our third-party contractors who perform services for us in connection with the Services or our businesses. Accordingly, we may share your information with: payment processors, background check service providers, software service providers, credit report agencies, insurers, carriers and companies who move freight (such as cars), delivery and logistics companies, event sponsors, marketing and communication service providers, etc.

3.1.3.

3.1.4.

To comply with law, regulations and other legal obligations

3.1.5.

To protect our rights and the rights of others.

3.1.6.

For other purposes, as permitted by law or to any disclosure to which you consent.

7.1.

Our Sites may contain links to other websites not owned or controlled by RMS. Those websites may collect information about you. RMS is not responsible for their practices or content.

7.2.

Additionally, we may work with auction partners so that you can bid on RMS items from other sites or platforms. If you participate in an online auction on another company’s site or platform, please note that those companies may transfer data about you to us to fulfill successful bids and that we may use that data in a manner consistent with this Privacy Policy. Please note that if you use another company’s auction site, you should review the posted Privacy Policy applicable to that site.

10.1.

If you are a California resident, the following provisions apply to our processing of information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household subject to the California Consumer Privacy Act (“California Personal Information”). For such residents, the provisions of this section prevail over any conflicting provisions in our Privacy Policy.

10.2.

Personal Information We Collect about California Consumers:

10.2.1.

We describe the personal information we have collected about consumers in the twelve (12) months preceding the Effective Date of this Privacy Policy in the part of our Privacy Policy titled, “What Information We Collect About You and How We Use It.” The information we have obtained includes the following:

10.2.1.1.

Identifiers such as name, physical address, date of birth, email address, social security number, driver’s license number, passport number, or other information that identifies you.

10.2.1.2.

Demographic and other information considered to be protected classifications under federal or California law such as age, gender, or marital status.

10.2.1.3.

Personal information as defined in the California customer records law such as signature, financial information, including as submitted by you related to your specific financial condition, accounts or assets.

10.2.1.4.

Commercial information such as transaction information and purchase history, and information relating to your business and property interests.

10.2.1.5.

Internet or network activity information such as search and browsing history, login credentials, IP address, and device and advertising identifiers.

10.2.1.6.

Geolocation data.

10.2.1.7.

Audio information such as voice recordings.

10.2.1.8.

Professional or employment-related information such as past and present work history. Affiliations, education and employment.

10.2.1.9.

Inferences which we may generate or acquire relating to your preferences, attitudes, characteristics or behaviors.

10.2.2.

We collect this personal information from sources including yourself directly and others (e.g., dealers) whom you instruct to interact with us on your behalf, consignees and other customers, social networks, and third-party partners such as analytics or marketing providers. For more information, please see “What Information We Collect About You and How We Use It."

10.3.

Use of Personal Information about California Consumers:

10.3.1.

We use the personal information we collect about California consumers for the business purposes disclosed within our Privacy Policy. For more information, please see “What Information We Collect About You and How We Use It”

10.3.2.

We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, purposes disclosed elsewhere in this Privacy Policy, or for purposes compatible with the context in which the personal information was collected

10.4.

Your California Privacy Rights: If you are a California resident, you have the following rights. We will honor requests received to the extent required by applicable law and within the time frame provided by law.

10.4.1.

Right to Know. You have the right to request that we disclose to you the categories and specific pieces of personal information we have collected about you. Specifically, you have the right to request that we disclose what personal information we collect, use, disclose, and sell, including:

10.4.1.1.

Specific pieces of information that we have collected about you;

10.4.1.2.

Categories of personal information we have collected about you;

10.4.1.3.

Categories of sources from which the personal information is collected;

10.4.1.4.

Categories of personal information about you that we have sold or disclosed for a business purpose;

10.4.1.5.

Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

10.4.1.6.

The business or commercial purpose for collecting or selling personal information.

10.4.2.

Right to Delete. You have the right to request that we delete personal information about you that we have collected from you.

10.5.

Requests to Exercise Your Rights:

10.5.1.

You may request to exercise the foregoing rights by submitting a request by sending an email to privacy@rmsothebys.com; or by calling us toll-free at (519) 352.4575.

10.5.2.

We may limit our response to your exercise of rights as permitted by law. For example, we may retain information as permitted under law to complete transactions, combat fraud, comply with legal obligations, use for internal purposes reasonably aligned with consumer expectations, or to exercise our legal rights.

10.6.

Nondiscrimination:

10.6.1.

We may not discriminate against you because of your exercise of any of the foregoing privacy rights, or any other rights under the California Consumer Privacy Act, including by:

10.6.1.1.

Denying you goods or Services.

10.6.1.2.

Charging different prices or rates for goods or Services, including through the use of discounts or other benefits or imposing penalties.

10.6.1.3.

Providing you a different level or quality of goods or Services.

10.6.1.4.

Suggesting that you will receive a different price or rate for goods or Services or a different level or quality of goods or Services.

10.6.2.

We may, however, charge different prices or rates, or provide a different level or quality of goods or Services, if that difference is reasonably related to the value provided to us by your personal information

10.7.

Verification Process:

10.7.1.

When you exercise your rights, we may verify your identity as permitted by law. For this purpose, we may ask you to provide information such as government issued identification. You may designate an authorized agent to request the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us via the information provided in the “Contact Us” section above to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require:

10.7.1.1.

The authorized agent to provide proof that the consumer gave the authorized agent signed permission to submit the request.

10.7.1.2.

The consumer to verify their identity directly with the business.

10.7.1.3.

The consumer to directly confirm with us that they provided the authorized agent permission to submit the request.

10.7.2.

You may contact us via the “Contact Us” section above. This Additional California Notice was last updated on the Effective Date indicated above.

11.1.

For those located in or conducting business with one of our European entities located in the European Economic Area ("EEA") or the United Kingdom, we undertake to comply with the provisions of applicable regulations data protection law, in particular Regulation (EU) 2016/679 (the “EU GDPR”) and those European the UK General Data Protection Regulation as it forms part of UK law by virtue of the Data Protection Act 2018 (the “UK GDPR” and, together with the EU GDPR, “GDPR”).

11.2.

The RMS entity that acts as controller of your personal data is RM Auctions, Inc. d.b.a. RM Sotheby's.

If you have any questions about this Privacy Policy or how we process your personal information, please contact us using the details set out in the "Contact Us" section of this Privacy Policy.

11.3.

The Personal Data Collected and Collection Procedures: Please refer back to “What Information We Collect About You and How We Use It”.

11.4.

Legal Basis for Processing:

11.4.1.

We rely on the following lawful bases, depending on the legal basis specific purpose(s) for which we use your personal data:

11.4.1.1.

Consent. For example, we may rely on your consent (where lawfully required) to send you marketing communications and to use certain non-essential Cookies (see Section 3 above for more details);

11.4.1.2.

Contract. We may process your personal data (such as your name and bank details) to enter into a contract with you, for example to register you for and facilitate your participation in an auction or sale, process payments, and fulfil consignment and purchase transactions;

11.4.1.3.

Legal obligation. We may process your personal data (such as you name and address) where we have a legal obligation, for example to conduct anti-money laundering, sanctions, tax, and other regulatory checks; and

11.4.1.4.

Legitimate interests, We may process your personal data (such as your feedback, information on how you use our Services, personal data contained your communications with us) for our legitimate interests, for example our interest in operating and improving our business, preventing fraud, and marketing to existing contacts, provided these interests are not overridden by your rights.

11.5.

How We Use Your Data: Please refer to clauses 1.2 through 2.

11.6.

Transfer of Personal Data:

11.6.1.

As a global group of companies, the data that we process in relation to you may be transferred to, and stored at, a destination outside the EEA or the United Kingdom that may not be subject to equivalent data protection laws. It may also be processed by staff situated outside the EEA or the United Kingdom who works for us or for one of our suppliers.

11.6.2.

Where we make such a transfer, we rely on: (a) an adequacy decision of the European Commission or UK adequacy regulations, where available; or (b) appropriate safeguards, being the European Commission's Standard Contractual Clauses or the UK International Data Transfer Agreement/Addendum. You may request a copy of the relevant safeguard by contacting our Privacy Officer using the details in the “Contact Us” section above.

11.6.2.1.

Store it;

11.6.2.2.

Enable us to provide products or Services to (and fulfil our contract with) you. This includes order fulfilment, processing of payment details, and the provision of support services;

11.6.2.3.

Facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights; or

11.6.2.4.

Meet any legal requirement to transfer such personal data outside the EEA or the United Kingdom.

11.7.

Retention

11.7.1.

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you

11.7.2.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory and tax, accounting or other requirements.

11.7.3.

In some circumstances you can ask us to delete your personal data (see your rights below). In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

11.8.

Rights and How You Can Exercise Them:

11.8.1.

Within the limits of the regulations in force, in certain circumstances you may have the following rights:

11.8.1.1.

Right to Access Personal Data. You may access your personal data processed by RMS and receive an electronic copy.

11.8.1.2.

Right to Rectification. This right allows you to correct inaccurate data about you (incorrect age or address without the apartment number) relative to the purpose for the processing.

11.8.1.3.

Right to Erasure. You have the right to request RMS erase your personal data under certain conditions and subject to exceptions provisions.

11.8.1.4.

Right to Restrict Data Processing. You may request that the processing of your data be restricted if you dispute its accuracy or object to its processing.

11.8.1.5.

Right to Data Portability. Where the processing is based on your consent or a contract, you may receive the personal data you provided to RMS in a structed and commonly used format in order to transmit such data to another controller.

11.8.1.6.

Right to Object to Data Processing. You may object to your data being used by RMS for a specific purpose by indicating the reasons relating to your particular situation.

11.8.1.7.

Right to Withdraw Consent. Where our processing is based on your consent, you may withdraw that consent at any time, free of charge and as easily as you gave it, without affecting the lawfulness of processing before withdrawal.

11.8.2.

We do not undertake solely automated decision-making which has a legal or similarly significant effect on you. You may exercise your rights or seek further information on your rights by:

11.8.2.1.

Sending an email to privacy@rmsothebys.com or

11.8.2.2.

Directing your query to or calling (519) 352.4575 asking to speak to the relevant Privacy Officer using the contact details in the “Contact Us” section above, or writing to the RM Sotheby’s c/o, Canada N0P 1A0.

11.8.3.

If you have concerns about how we handle your personal data, you have the right to complain to us using the contact details in the “Contact Us” section above. We will acknowledge your complaint within 30 days of receipt, investigate and respond to you without undue delay and keep you informed of progress.

11.8.4.

You also have the right to complain to a supervisory authority, in particular the UK Information Commissioner's Office (ico.org.uk) or the data protection authority in your EU member state of residence, work, or the place of the alleged infringement.

12.1.

For those conducting business with RM Sotheby’s in connection with our activities in the United Arab Emirates (“UAE”), we undertake to comply applicable data protection laws, including Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data, as amended (the “Data Protection Law”). Where particular processing activities are subject to DIFC Data Protection Law No 5. of 2020 or the ADGM Data Protection Regulations, 2021, as amended, we will also comply with the requirements of those laws (as applicable in each case).

12.2.

The Data Collected and Collection Procedures: Please refer back to “What Information We Collect About You and How We Use It”.

12.3.

Legal Basis for Processing:

12.3.1.

We process your personal data with your consent or where processing without consent is permitted under the Data Protection Law, including where necessary to:

a. 

perform a contract with you or take steps at your request before entering into a contract;

b

comply with a specific legal obligation to which we are subject; or

c.

establish, exercise or defend legal claims.

12.3.2.

Where we rely on your consent, you may withdraw it at any time without affecting the lawfulness of processing carried out before withdrawal.

12.4.

How We Use Your Data: Please refer to “How We Use Information About You” clauses 1.2 through 2 above.

12.5.

Transfer of Personal Data:

12.5.1.

As a global group of companies, the data that we process in relation to you may be transferred to, and stored at, a destination outside the UAE that may not be subject to equivalent data protection laws. This includes storage on RM Auctions Inc's servers in Canada and Microsoft Azure servers in the United States. It may also be processed by staff situated outside the UAE who work for RMS or for one of RMS’s suppliers.

12.5.2.

We may transfer your personal data outside the UAE for the following purposes:

a.

Store it;

b.

Enable us to provide products or Services to (and fulfil our contract with) you. This includes order fulfilment, processing of payment details, and the provision of support services;

c.

Facilitate the operation of our group of businesses,; or

d.

Meet any legal requirement to transfer such personal data outside the UAE.

12.5.3.

We make these transfers only where the applicable requirements of the Data Protection Law are satisfied, including through an adequate level of protection in the destination jurisdiction or an applicable statutory exception, such as contractual commitments requiring the recipient to apply the protections required under the Data Protection Law. You may contact our Privacy Officer for further information about the safeguards applicable to your personal data.

12.6.

Rights and How You Can Exercise Them

12.6.1.

Within the limits of the regulations in force, you have the following rights:

12.6.1.1.

Right to Information. You may obtain information about how we process your personal data, including the purposes of processing, recipients and safeguards for transfers outside the UAE.

12.6.1.2.

Right Access. You may access your personal data processed by RMS and receive an electronic copy.

12.6.1.3.

Right to Rectification. This right allows you to correct inaccurate or incomplete data about you relative to the purpose of the processing.

12.6.1.4.

Right to Erasure. You have the right to request that RMS erase your personal data under certain conditions and subject to applicable exceptions, including where retention is necessary to comply with legal obligations or establish, exercise or defend legal claims.

12.6.1.5.

Right to Restrict Data Processing. Subject to the conditions under applicable law, you may request that the processing of your data be restricted if you dispute its accuracy or object to its processing.

12.6.1.6.

Right to Portability. Where the processing is based on your consent or a contract and is carried out by automated means, you may receive the personal data you provided to RMS in a structured and commonly used machine-readable format in order to transmit such data to another controller.

12.6.1.7.

Right to Object to Data Processing. You may object at any time to the processing of your personal data for direct marketing, including related profiling, without giving a reason. We will stop using your personal data for those purposes. You may also request that we stop other processing in the circumstances provided under applicable law.

12.6.1.8.

Right to Withdraw Consent. Where processing is based on your consent, you may withdraw that consent at any time.

12.6.2.

You may exercise your rights or seek further information on your rights by sending an email to privacy@rmsothebys.com or calling (519) 352-4575 asking to speak to the Privacy Officer or writing to the RM Sotheby’s c/o Privacy Officer, Blenheim, Ontario, Canada N0P 1A0.

13.1.

If you are a Canadian resident, the following provisions apply to our processing of your personal information. For such residents, the provisions of this Section prevail over any conflicting provisions in our Privacy Policy.

13.2.

Protection of Your Personal Information:

13.2.1.

We take appropriate physical, organization and technical measures and controls to protect your personal information. In particular, we implement internal policies and practices that ensure the protection of your personal information, including:

13.2.1.1.

Policies and procedures that define the roles and responsibilities of our employees throughout the life cycle of personal information, limit access to such information on a “need-to-know” basis, and govern the retention and destruction of personal information.

13.2.1.2.

A process for handling complaints and requests for information relating to the protection of personal information, including with respect to any breach of security safeguards/confidentiality incident involving personal Information;

13.2.1.3.

Where information is collected or stored electronically, technical security measures such as encryption, firewalls, antivirus software, and other similar measures;

13.2.1.4.

Contractual safeguards and other measures are intended to ensure that the service providers with whom we share personal information maintain appropriate safeguards and security standards. For example, we generally require our service providers to limit their use and retention of personal information to what is necessary to provide their services and to notify us in the event of an actual or suspected breach of security safeguards/confidentiality incident.

13.2.2.

Our goal is to prevent unauthorized access to, loss, misuse, unauthorized disclosure, or modification of the personal information in our possession. We also use these safeguards when we delete or destroy your personal information.

13.3.

International Transfer of Your Personal Information:

13.3.1.

We and some of our affiliates and external third-party service providers may be based outside of your jurisdiction of residence, in Canada, in the United States, in the UK, in the EEA and in the UAE. Please note that such jurisdictions may not provide you with the same rights and protections as in your jurisdiction of residence. As a result, your personal information may be subject to the laws of a foreign jurisdiction and may be accessible without notice to you by the courts, law enforcement and national security authorities of that jurisdiction.

13.3.1.1.

When we engage in cross-border data transfers, we will ensure that relevant safeguards are in place to afford adequate protection for personal information and we will comply with applicable data protection laws, in particular by relying on contractual protections for the transfer of personal information.

13.4.

Your Privacy Rights:

13.4.1.

Depending on your province or territory of residence, and subject to applicable legal and/or contractual restrictions, you may have the following additional privacy rights and choices:

13.4.1.1.

Right to Access. You may have the right to access the personal information we hold about you.

13.4.1.2.

Right to Rectification. You may have the right to have your personal information corrected if it is inaccurate, incomplete, or outdated.

13.4.1.3.

Right to Withdraw Consent. You may have the right to withdraw your consent to the collection, use or disclosure of your personal information. The withdrawal of your consent will not have a retroactive effect and may affect your ability to access our Services.

14.1.

You may request a copy of this Privacy Policy from us using the contact details set out above. We may modify or update this Privacy Policy from time to time. If we change this Privacy Policy, we will notify you of the changes by updating this Privacy Policy on our website. Where changes to this Privacy Policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights.

Terms of Use of RMSOTHEBYS.COM

This is the Acceptable Use Policy agreement for www.rmsothebys.com. This Site is owned and operated by RM Auctions, Inc. d.b.a. RM Sotheby's (“RMS”)

14.2.

Copyrighted Information. Unless otherwise noted, all information, text, articles, data, images, or other materials contained on any page within this Site are copyrighted by RMS or a third party (the "Copyright Holder"). Title to such copyrighted materials will at all times remain with the Copyright Holder. You may not edit, modify, or make commercial use of such copyrighted materials without the express, prior written consent of the Copyright Holder. You may only use, download, or copy any materials contained on the Site for informational and non-commercial or personal use in accordance with these terms and conditions. You may not reproduce, distribute, or retransmit the information contained on this Site for any other purpose. RMS. MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.

14.3.

Use of Site. RMS provides the information contained on this Site only on the express conditions herein provided. By using any of the functions on this Site, you agree that you will use the information provided only for your non-commercial, personal use. You agree not to distribute or transmit, modify, reuse, report, or otherwise use such information for public or commercial purposes. You further agree that a breach of this Agreement by you will cause irreparable harm to RMS, and that RMS shall be entitled to injunctive relief without the need to prove irreparable damages.

14.4.

Accuracy of Information. RMS uses commercially reasonable efforts to assure the accuracy of the information on this Site. All Information contained on this Site, however, may be changed and updated at any time without notice, and it may contain errors or inaccuracies. This Site also contains information provided by third parties. RMS makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information, and RMS is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.

14.5.

Limitation on Liability

14.5.1.

THE ENTIRE CONTENTS OF THIS SITE ARE PROVIDED "AS IS," AND RMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. NEITHER RMS, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

14.5.2.

RMS assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, or audio from the Site.

14.6.

Links to Third-Party Sites. Any other websites that are accessible via link on this Site are not under the control of RMS. RMS is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. RMS provides the linked sites to you only as a convenience, and the inclusion of any such link on the Site does not imply RMS’ endorsement of the site, the organization operating such site, or any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.

14.7.

Site Access Limited License.

14.7.1.

RM grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of RMS. This license does not include any resale or commercial use of this Site or its contents, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission.

14.7.2.

You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of our website or any online auction being conducted on our Site.

14.7.3.

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 RMS and our affiliates without express written consent.

14.7.4.

You may not use any meta tags or any other "hidden text" utilizing RMS’ or its affiliates' names or trademarks without the express written consent of RMS. Any unauthorized use terminates the permission or license granted by RMS.

14.7.5.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of RMS so long as the link does not portray RMS, its affiliates, or their products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RMS or affiliate logo or other proprietary graphic or trademark as part of the link without express written permission.

14.7.6.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real-time basis and is proprietary or licensed to RMS by our users or third parties.

14.7.7.

You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of RMS or the appropriate third party.

14.8.

Materials Submitted to RMS in Print or on Website. If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be, treated as non-confidential and non-proprietary. Anything you transmit or post may be used by RMS or its affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, RMS is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing products and Services using such information.

14.9.

Revisions to Acceptable Use Policy. RMS may at any time revise this Acceptable Use Policy by updating this posting. Since you are bound by this Acceptable Use Policy, you should therefore periodically visit this page by clicking the Acceptable Use Policy hyperlink at the bottom of the RMS webpages to review the then-current Acceptable Use Policy.

14.10.

Governing Law. This Acceptable Use Policy shall be interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to choice of law principles. Any dispute, claim, or controversy arising out of or relating to this Acceptable Use Policy or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Acceptable Use Policy shall exclusively be subject to arbitration, and shall first be subject to mediation as a condition precedent to arbitration. If mediation is unsuccessful, the parties shall proceed to arbitration near Toronto, Ontario, before one arbitrator and all proceedings shall be conducted in English. The mediation and arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event that either party brings action against the other, arising from or relating to this Acceptable Use Policy, the prevailing party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals.