We may from time to time modify this TOU and will post a copy of the amended TOU on this page. We encourage you to check regularly for such modifications. If you do not agree to, or cannot comply with, the TOU as amended, you must stop using the Services or, if applicable, terminate your Auction.com account. You will be deemed to have accepted the TOU as amended if you continue to use any of the Services after any amendments are posted on the Services.
1. USER CONSENT TO THE TOU AND USER PARTICIPATION
A. Authority to Use the Services. In order to use the Services, you must be at least 18 years of age. You represent, warrant, and covenant that (i) you have read and understood, and that you agree to be bound by, the TOU; and (ii) you are at least 18 years old.
B. Registration. You may choose to register and provide certain information, including a valid email address and a password. You agree to provide accurate and truthful registration information and to update it as necessary to keep it accurate.
C. Audit and Monitoring. Auction.com reserves the right periodically to audit and monitor (physically or electronically) the use of the Services to ensure compliance with the TOU and to maintain and improve the provision of the Services. Notwithstanding anything to the contrary in this TOU, Auction.com shall have the right to use and disclose information obtained from or input by you as part of any legal process or proceeding or as required by law.
D. Use of Registration Information. You also agree that by providing auction.com with your registration information, you are interested in having representatives of the Services contact you to follow-up on your interest in the use of Services by e-mail, phone, or through any other contact information you have chosen to provide and that such contact is with your express consent, unless revoked.
2. INTELLECTUAL PROPERTY
The Services are proprietary and protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Auction.com and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Auction.com and such others. You agree to protect the proprietary rights of Auction.com and all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by Auction.com or its suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify Auction.com immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services shall, as between you and Auction.com, at all times be and remain the sole and exclusive property of Auction.com.
You may not use any of Auction.com’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Auction.com’s consent, and you acknowledge that you have no ownership rights in or to any of such items.
3. LICENSE TO USE AUCTION.COM SERVICES
Auction.com grants to you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in the TOU. The Services shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOU. You may use data made available through the Services solely for your personal, non-commercial use. Any violation by you of the license provisions contained in this Section 3 may result in the immediate termination of your right to use the Services. Auction.com reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
4. YOUR CONTENT AND SUBMISSIONS
You are solely responsible for all content and materials that you post or submit to the Services (“Your Content”), and acknowledge that once published, Your Content cannot always be withdrawn. When using the Services, you shall not submit, upload, post, or otherwise make available any material that (a) is unlawful, harassing, defamatory, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, sexually suggestive or explicit, abusive, misleading, deceptive, discriminatory, or racially, ethnically, or otherwise objectionable; (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (c) contains any commercial, promotional, or solicitation information; or (d) contains software viruses, worms, or any other harmful, invasive, or corrupted files, including but not limited to, those designed to interrupt, destroy, or limit the functionality of any computer.
You represent and warrant that you own or otherwise control all of the rights to Your Content; that Your Content is truthful and accurate; that Your Content does not violate the TOU and will not cause injury to any person or entity; and that you will indemnify Auction.com, its subsidiaries, and affiliates for all claims resulting from Your Content. You may not imply that the material you submit is in any way sponsored or endorsed by Auction.com. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information that makes you personally identifiable or that personally identifies any other person. Auction.com takes no responsibility and assumes no liability for any material, content, opinion, recommendation, or advice submitted by you or any third party. Auction.com has no obligation to post Your Content, and reserves the right to post its own content (including, but not limited to, photos of properties or property descriptions) instead of Your Content in its sole discretion. Auction.com may, but is not required to, monitor the content on its site using manual review or technical measures to screen, block, filter, edit or remove content. Auction.com may terminate or suspend users’ accounts or delete, edit or remove content that Auction.com, in its sole discretion, deems illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in Auction.com’s sole discretion, and Auction.com will not incur any liability or responsibility if it chooses to remove or delete any content.
Unless Auction.com indicates otherwise, you grant Auction.com, its subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display Your Content throughout the world in any form, media, or technology now known or hereafter developed.
You assign Auction.com the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the TOU, scraped, copied, or distributed content from the Websites and Services that has been provided to us by you and for which you have not granted such third parties a separate license to use.
Except as expressly permitted in this TOU, you shall not:
6. DISCLAIMERS AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT AUCTION.COM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Auction.com makes no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by Auction.com or its affiliates, are error-free or will be free from loss, destruction, damage, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and Auction.com disclaims any liability relating thereto. You have the responsibility for maintaining the confidentiality and security of your account registration information. You agree to notify us immediately of any unauthorized use of such information. Auction.com will not be responsible for any losses arising out of the unauthorized use of such information.
Auction.com makes no guarantees, representations, or warranties that the Services or information available through the Services will be accurate, reliable, complete, current, uninterrupted, or without errors. Some of the content, services, and information available through the Services may include materials that belong to third parties. You acknowledge and agree that Auction.com assumes no responsibility for such content, services, or information. Without prior notice, Auction.com may modify, suspend, or discontinue the Services or your use of the Services. If Auction.com elects to modify, suspend, or discontinue the services, it will not be liable to you. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by Auction.com. Auction.com is therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or from the Services. Auction.com does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement, express or implied, of any other websites, services, or goods, that may be linked to or from the Services.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AUCTION.COM AND ITS AFFILIATES AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF AUCTION.COM HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES OR ANY LINKS OR ITEMS ON THE SERVICES OR ANY PROVISION OF THE TOU. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THE TOU, TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF AUCTION.COM AND ITS AFFILAITES ARISING IN CONNECTION WITH THE TOU AND THE SERVICES FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES.
You agree to indemnify, defend, and hold Auction.com and its affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your breach of the TOU, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (iii) any products or services purchased or obtained by you in connection with the Services. Auction.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which Auction.com is named as a defendant and/or for which you have indemnity obligations without the prior written consent of Auction.com. Auction.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. PRIVACY STATEMENT
Please view our Privacy Statement, which explains Auction.com´s practices relating to the collection and use of your information through or in connection with our Services. Auction.com’s use of your information is governed at all times by our Privacy Statement, which is incorporated into these Terms. You understand that through your use of the Services you consent to the collection and use of this information (as set forth in the Privacy Statement).
A. You may terminate this TOU with or without cause at any time by discontinuing your use of the Services.
B. Auction.com may close your account, suspend your ability to use certain portions of the Services, and/or terminate your access to the Websites and Services, in our sole discretion, at any time without notice and effective immediately. Auction.com may also request that you delete, destroy, or cease accessing certain content or information made available through the Services at any time in Auction.com’s sole discretion.
C. In the event of any termination, whether by you or us, Sections 1(A), 1(C), 2-8, 9(B), 10, and 12-13 of these TOU will survive and continue in full force and effect.
10. GOVERNING LAW
This TOU will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with Auction.com or relating in any way to your use of the Services will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of San Mateo, California.
11. LINKING AND FRAMING
You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in Auction.com’s or any of its affiliate’s discretion, result in termination of your use of and access to the Websites.
12. BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Services, Auction.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing and using the Websites.
13. GENERAL TERMS
A. Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the party or parties affected.
B. Notices and Electronic Communications. We may provide you with notices, including those regarding changes to the TOU by email, regular mail, or communications though the Services. When you use the Services and when you communicate with us electronically, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that Auction.com provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
C. Remedies. If you breach or threaten to breach any provision of this TOU, in addition to terminating your right to use the Services, Auction.com shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Auction.com from pursuing any action or other remedy for breach or threatened breach of these TOU, all of which shall be cumulative. If Auction.com prevails in such action, Auction.com shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith. Auction.com retains the right temporarily or permanently to block access to the Services if Auction.com, in its sole discretion, believes the Services have been or may be used for an improper purposes or in violation of these TOU.
D. Third Party Links. The Websites may include links to third party websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
E. United States Export Control & Foreign Assets Control Regulations. Auction.com does not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
F. Miscellaneous. You acknowledge that this TOU, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and Auction.com and govern your use of the Services. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the TOU will remain in force. Auction.com’s failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed by Auction.com in writing. You agree that Auction.com has the right to change the content or technical specifications of any aspect of the Services at any time in Auction.com’s sole discretion. You further agree that such changes may result in your being unable to access the Services. You may not assign the TOU or the rights hereunder without the prior written consent of Auction.com. Auction.com may assign the TOU and delegate certain of its responsibilities, obligations, and duties under or in connection with the TOU in its sole discretion.
14. INQUIRIES REGARDING THE SERVICES
For inquiries regarding the Services, you should contact Auction.com at firstname.lastname@example.org or 1-800-793-6107.