TERMS AND CONDITIONS OF USE
TERMS & CONDITIONS OF USE
- 1. Definitions. "AmericanAuctionUSA.com" is a
legally registered auction company with Auction Licenses in Tennessee,
Mississippi and Arkansas with authority to hold auctions anywhere in the
U.S.A. As this site evolves, it will house an interactive on-line auction
service on the World Wide Web of the Internet, consisting of auction services
and content provided by AmericanAuctionUSA.com, affiliates of
AmericanAuctionUSA.com and other third parties. "Subscriber" means each person
who establishes or accesses a connection ("Account") for access to and use of
AmericanAuctionUSA.com.
- 2. General. (A) This Agreement, which incorporates by
reference other provisions applicable to use of AmericanAuctionUSA.com,
including, but not limited to, supplemental terms and conditions set forth in
paragraph 14 hereof ("Supplemental Terms") governing the use of certain
specific material contained in AmericanAuctionUSA.com, sets forth the terms
and conditions that apply to use of AmericanAuctionUSA.com by Subscriber. By
using AmericanAuctionUSA.com (other than to read this Agreement for the first
time), Subscriber agrees to comply with all of the terms and conditions
hereof. AmericanAuctionUSA.com allows only 1 (one) account per registered
Subscriber. The right to use AmericanAuctionUSA.com is personal to Subscriber
and is not transferable to any other person or entity. Subscriber is
responsible for all use of Subscriber's Account (under any screen name or
password) and for ensuring that all use of Subscriber's Account complies fully
with the provisions of this Agreement. Subscriber shall be responsible for
protecting the confidentiality of Subscriber's password. (B)
AmericanAuctionUSA.com shall have the right at any time to change or
discontinue any aspect or feature of AmericanAuctionUSA.com, including, but
not limited to, content, hours of availability, and equipment needed for
access or use.
- 3. Changed Terms. AmericanAuctionUSA.com shall have the
right at any time to change or modify the terms and conditions applicable to
Subscriber's use of AmericanAuctionUSA.com, or any part thereof, or to impose
new conditions, including, but not limited to, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but
not limited to, posting on AmericanAuctionUSA.com, or by electronic or
conventional mail, or by any other means by which Subscriber obtains notice
thereof. Any use of AmericanAuctionUSA.com by Subscriber after such notice
shall be deemed to constitute acceptance by Subscriber of such changes,
modifications or additions.
- 4. Equipment. Subscriber shall be responsible for
obtaining and maintaining all telephone, computer hardware and other equipment
needed for access to and use of AmericanAuctionUSA.com and all charges related
thereto.
- 5. Subscriber Conduct. (A) Subscriber shall use
AmericanAuctionUSA.com for lawful purposes only. Subscriber shall not post or
transmit through AmericanAuctionUSA.com Interactive any material which
violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law, or which, without AmericanAuctionUSA.com's express
prior approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a Subscriber that in
AmericanAuctionUSA.com's discretion restricts or inhibits any other Subscriber
from using or enjoying AmericanAuctionUSA.com Interactive will not be
permitted. Subscriber shall not use AmericanAuctionUSA.com to advertise or
perform any commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other on-line information
services competitive with AmericanAuctionUSA.com. (B) AmericanAuctionUSA.com
contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music
and sound, and the entire contents of AmericanAuctionUSA.com are copyrighted
as a collective work under the United States copyright laws. Subscriber may
not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. Subscriber may download copyrighted material for Subscriber's personal
use only. Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of AmericanAuctionUSA.com and the copyright owner. In the event of
any permitted copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. Subscriber acknowledges that it does not acquire any
ownership rights by downloading copyrighted material. (C) Subscriber shall not
upload, post or otherwise make available on AmericanAuctionUSA.com any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is not
protected by copyright rests with Subscriber. Subscriber shall be solely
liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of AmericanAuctionUSA.com, Subscriber
automatically grants, or warrants that the owner of such material has
expressly granted AmericanAuctionUSA.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any copyright
that may exist in such material. Subscriber also permits any other Subscriber
to access, view, store or reproduce the material for that Subscriber's
personal use. Subscriber hereby grants AmericanAuctionUSA.com the right to
edit, copy, publish and distribute any material made available on
AmericanAuctionUSA.com by Subscriber. (D) The foregoing provisions of Section
5 are for the benefit of AmericanAuctionUSA.com, its subsidiaries, affiliates
and its third party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own behalf.
- 6. Disclaimer of Warranty; Limitation of Liability. (A)
SUBSCRIBER EXPRESSLY AGREES THAT USE OF AmericanAuctionUSA.com NON-INTERACTIVE
AND INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER AmericanAuctionUSA.com,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT AmericanAuctionUSA.com WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF AmericanAuctionUSA.com, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH AmericanAuctionUSA.com. (B) AmericanAuctionUSA.com IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT
AmericanAuctionUSA.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. (D) IN NO EVENT WILL
AmericanAuctionUSA.com, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A
AmericanAuctionUSA.com AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE AmericanAuctionUSA.com.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON AmericanAuctionUSA.com. (E) IN ADDITION TO THE TERMS SET
FORTH ABOVE NEITHER, AmericanAuctionUSA.com, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
AmericanAuctionUSA.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER,
AmericanAuctionUSA.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
- 7. Monitoring. AmericanAuctionUSA.com shall have
the right, but not the obligation, to monitor the content of
AmericanAuctionUSA.com, to determine compliance with this Agreement and any
operating rules established by AmericanAuctionUSA.com and to satisfy any law,
regulation or authorized government request. AmericanAuctionUSA.com shall have
the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on AmericanAuctionUSA.com. Without limiting
the foregoing, AmericanAuctionUSA.com shall have the right to remove any
material that AmericanAuctionUSA.com, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable. 8.
Indemnification. Subscriber agrees to defend, indemnify and hold harmless
AmericanAuctionUSA.com, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of AmericanAuctionUSA.com by
Subscriber or Subscriber's Account.
- 9. Termination. AmericanAuctionUSA.com may terminate this
Agreement at any time. Without limiting the foregoing, AmericanAuctionUSA.com
shall have the right to immediately terminate Subscriber's Account in the
event of any conduct by Subscriber which AmericanAuctionUSA.com, in its sole
discretion, considers to be unacceptable, or in the event of any breach by
Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6,
8, 10 and this Section 9 shall survive termination of this Agreement. 10.
Trademarks. AmericanAuctionUSA.com's logos are trademarks of
AmericanAuctionUSA.com and any of its subsidiaries. All rights reserved. All
other trademarks appearing on AmericanAuctionUSA.com are the property of their
respective owners.
- 11. Third Parties/Certified Merchants.
AmericanAuctionUSA.com is not the seller in the actual transaction between
Third Parties/Certified Merchants and buyers and is not the agent of either
for any purpose, AmericanAuctionUSA.com does not have the duty to resolve any
disputes between participants related to or arising out of any such
transaction. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers, Subscribers or any other user of
AmericanAuctionUSA.com, are those of the respective author(s) or
distributor(s) and not of AmericanAuctionUSA.com. Neither
AmericanAuctionUSA.com nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose. (Refer to Section 6
above for the complete provisions governing limitation of liabilities and
disclaimers of warranty.) In many instances, the content available through
AmericanAuctionUSA.com represents the opinions and judgments of the respective
information provider, Subscriber, or other user not under contract with
AmericanAuctionUSA.com. AmericanAuctionUSA.com neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on AmericanAuctionUSA.com by anyone other than authorized
AmericanAuctionUSA.com employee spokespersons while acting in their official
capacities. Under no circumstances will AmericanAuctionUSA.com be liable for
any loss or damage caused by a Subscriber's reliance on information obtained
through AmericanAuctionUSA.com. It is the responsibility of Subscriber to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through AmericanAuctionUSA.com. Please seek
the advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content. AmericanAuctionUSA.com
Certified Merchants are AmericanAuctionUSA.com approved third party merchants
who sell products on the site. In this program, The Certified Merchants is the
seller of the product. To ensure AmericanAuctionUSA.com buyers the ability to
shop in a private and secure environment, every Certified Merchant must go
through a thorough application process including verification of bank and
trade records before they are allowed to sell on the site. The Certified
Merchants are established businesses, both large and small, whose performances
are monitored to ensure that buyers receive the appropriate
AmericanAuctionUSA.com service levels. The Certified Merchants assume all
responsibility for all aspects of their item listings, including product
descriptions, identifications of quantities, pictures, and shipping. Although,
AmericanAuctionUSA.com does not own, warehouse, ship or otherwise manage these
Certified Merchants, the merchants that do not meet AmericanAuctionUSA.com's
service standards can and will be removed from the site. All payment for items
won is solely between the Certified Merchant and the customer.
AmericanAuctionUSA.com will provide assistance for all issues to ensure a
positive AmericanAuctionUSA.com experience.
- 12. Miscellaneous. This Agreement and any operating rules
for AmericanAuctionUSA.com established by AmericanAuctionUSA.com constitute
the entire agreement of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed in
accordance with the laws of the State of Tennessee, Mississippi and Arkansaw
but not limited to these states if items listed on this site are from other
states in the U.S.A., without regard to its conflict of laws rules. No waiver
by either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
- 13. Copyrights and Copyright Agent.
AmericanAuctionUSA.com respects the rights of all copyright holders and in
this regard, AmericanAuctionUSA.com has adopted and implemented a policy that
provides for the termination in appropriate circumstances of subscribers and
account holders who infringe the rights of copyright holders. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide AmericanAuctionUSA.com's Copyright Agent the
following information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512: A
physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed; Identification of
the copyright work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site; Identification of the material
that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining
party; A statement that the complaining party has a good-faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
- 14. Supplemental Terms First Time Users Please note; in
an effort to keep our site free from mischievous bidders (those who bid up the
price of items but have no intention of paying for them), first time customers
will be required to pay for their first three items that they bid on and win.
After the first transaction is officially completed, customers will be able to
bid freely on other items. Until such time, customers will not be able to make
use of the AmericanAuctionUSA.com auto-bid feature. This requisite will be
implemented as of July 2008. * This policy pertains to AmericanAuctionUSA.com
art and antique items as well. The "Compare" Price The Compare Price is the
maximum price other jewelers advertise online, for similar or the same jewelry
item. This price in no way reflects an appraised value, worth, or suggested
retail price. You should always make sure to have all the information provided
in the description page of the auction evaluated with your local
appraiser/jeweler before you bid or buy. The purpose of the Compare Price is
to demonstrate the advantage of a $1 No Reserve auction. Auction Glitches
AmericanAuctionUSA.com will offer 100% risk free auctions, save when a
technical glitch prevents that from happening. In such a case,
AmericanAuctionUSA.com reserves the right to stop, restart, or cancel any
auction at any time, including before, during and after. Any and all funds
received during a glitch auction, will be returned by AmericanAuctionUSA.com
to the customer if no merchandise is shipped. It is in the best interest of
all bidders to print a copy or write down the listing number of each auction.
In the case your auction was affected by a glitch, without the listing number
there will be no way to investigate the situation. It is the sole
responsibility of the user to maintain the auction listing number or numbers.
Frivolous Bidding In an effort to maintain our auctions free from frivolous
bidding, AmericanAuctionUSA.com reserves the right to remove erroneous bids
from an auction and extend the auction for no longer than 25 minutes. If no
other bids are placed during the extension the auction will be awarded to the
next highest bidder. AmericanAuctionUSA.com may also declare a winner prior to
the auction closing. Second Chance Offer AmericanAuctionUSA.com reserves the
right to award multiples of items won to the highest bidders of select and
predetermined auctions at our discretion. Customers will be contacted via
email informing them of the addition to their account. Payment must be made
within 5 days. The item(s) will only be available for purchase within those 5
days regardless of whether or not notification was received. If payment is not
made within the 5 day timeframe the item will re-list at no penalty to the
customer. Please be advised that the offer mentioned above will not apply to
all auctions. Second chance offer items are exempt from the chronological
order policy. Your Transactions and Obligations By entering into this
Agreement and bidding on a product, the customer agrees to complete the
transaction. In which case, the customer will be held accountable if they do
not fulfill this obligation. If payment is not made, bidding privileges may be
subject to suspension and AmericanAuctionUSA.com maintains the right to cancel
outgoing invoices at their own discretion. Reasons for such actions include
but are not limited to multiple non-pays of auctions won, unresolved
chargeback issues, an undeliverable address, or the refusal to pay custom
fees. *AmericanAuctionUSA.com reserves the right to demand payment if customer
has more than 10 unpaid items in their account or if the total amount of
auctions won, exceeds $1000.00. To avoid this situation please pay on time.
All winning auctions must be paid in chronological order. Thank you for
cooperation. Transaction Fee As of January 1, 2008, all payments will be
subject to a 3% transaction fee or a minimum of 50c, which ever is greater.
This transaction fee covers processing costs associated with financial
institutions. Chargeback Procedure: AmericanAuctionUSA.com, in good-faith,
makes every effort to bring disputes that may arise to a fair and just
conclusion. If customer does not make an attempt to resolve a dispute before
initiating a chargeback procedure, their account will be deactivated
immediately. If you have any questions regarding an invoice or a payment made,
please call AmericanAuctionUSA.com Customer Service at (310) 280-7373 or send
an e-mail to customerservice@AmericanAuctionUSA.com (Mail fraud is a FEDERAL
CRIME!) Illegal Activity The Site and Services only may be used for lawful
purposes and in a lawful manner. You may not register under a false name or
use an invalid or unauthorized credit card. You may not make bids under a
false name, impersonate any participant, or use another participant's
password. Such conduct is a violation of state and federal laws. Fraudulent
conduct may be reported to law enforcement, and AmericanAuctionUSA.com will
cooperate to ensure all violators will be prosecuted to the full extent of the
law. Shill bidding is prohibited on the site, that is the placing of bids or
causing bids to be placed on any product for the purpose of artificially
increasing or otherwise manipulating the bidding process on
AmericanAuctionUSA.com or the bid price of any product listed on the site, or
influencing user behavior on AmericanAuctionUSA.com.
California
Residents IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
§1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY
EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER
STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE
THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT
WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY
AmericanAuctionUSA.com.
AmericanAuctionUSA.com's Copyright Agent to
receive the foregoing information related to copyright infringement or
defamation on its site is:
General Counsel
AmericanAuctionUSA.com
Selmer, TN 38375
By Email: legal@AmericanAuctionUSA.com
By
Phone: 731-645-4121
Cell: 731-610-1458
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