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General Terms and Conditions
USauctionsLive general Terms and Conditions covers the treatment
of users on this service and or website(s) and or database(s).
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Privacy Policy
USauctionsLive Privacy Policy covers treatment of information that
USauctionsLive may collect from users of its products and services and
from visitors to the USauctionsLive.com site.
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Usage Policy
USauctionsLive Usage Policy is designed to protect USauctionsLive, its
customers and others from illegal, malicious, damaging and
inappropriate behavior by users of USauctionsLive services. All users of
USauctionsLive services are subject to the Usage Policy. The Usage Policy
lists activities that are prohibited on USauctionsLive services, such as
hacking and spamming.
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User Agreement
All direct customers of USauctionsLive basic services are subject to the
terms and conditions contained in the User Agreement. The User
Agreement is a legal contract between USauctionsLive and the customer that
contains the rights, duties and obligations of USauctionsLive and the
customer.
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Spamming Policy
In our ongoing commitment to providing superior service for our
customers, USauctionsLive has introduced a new, more vigilant anti-spam
policy. We have implemented this policy as a part of our commitment to
reducing spam related activity.
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General Terms and
Conditions
USAuctionsLive is a listing
service and service provider only! We bring buyers and sellers
together by means of live listings (auctions) and/or classifieds.
USAuctionsLive only charges listing fees (insertion fees) and store
fees. We do not control the actual listings (auctions) or any of the
financials or the sales prices or the buyers' prices at auction
completion or after auction completion. It is the sellers' and
buyers' responsibilities to be obligated to each other to finalize
each auction. USAuctionsLive is not responsible for any listings,
sales, buy's, transactions, legalities, or defaults between sellers
and/or buyers. USAuctionsLive is only a listing provider and is not
responsible for anything listed on it's site or any transactions or
interactions outside of this website. All sellers and all buyers
agree to hold USAuctionsLive, its affiliates, subcontractors, staff
or any person or entity for and from USAuctionsLive harmless for any
and all liabilities whether caused directly or indirectly by
USAuctionsLive. USAuctionsLive
does not collect the auction bid closing price or have anything to
do with the exchange of these funds.
USAuctionsLive is intended to be
a friendly, enjoyable and useful experience, but as with
anything concerning any kind of transactions there are risks
involved and we strongly advise you to understand all of these
terms before joining. If you spot a listing that you feel is
violating the general terms and conditions of USAuctionsLive as
stated here on this website, please let us know by contacting
us.
Rights To Suspend or Terminate.
You agree that USAuctionsLive, in its own discretion,
may terminate any auction or use of any service immediately and
without notice if:
(a) We believe that you are not abiding by the
general rules of USAuctionsLive
(b) You have repeatedly broken a certain term
(c) You have
listed a suspicious item
(d) We believe you to be a non paying
bidder. In most cases when we suspect foul play we will suspend
your account/listing whilst we investigate further. If our
investigation is conclusive your account with us will then be
terminated.
Rights To Amend, Append Alter or Change Content.
If US Auctions Live finds auctions or any other content
on the site not appropriate, not in the proper category or
listing area, inappropriate or unsuitable as well as general
misprints, spelling errors, content misplacement or in our sole
judgment not good or improvements could be made to enhance or
gain better exposure for the content listed by any subscriber or
user, then US Auctions Live has the legal right to make them on
your behalf. You furthermore agree that US Auctions Live can
remove partial content from any content posted on this website
platform and service.
Your Conduct.
You are solely responsible for the contents of your
actions through USAuctionsLive. You must ensure that your
participation in the selling or buying of items does not violate
any applicable laws or regulations. By this we mean that you
must check that you entitled to sell or buy the relevant item
and that you are not prohibited from doing so by any law or
regulation.
You must not transmit through the service any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material. You must also not
transmit any material that encourages conduct that could
constitute a criminal offence, give rise to civil liability or
otherwise violate any applicable law or regulation.
Membership Terms.
Membership to USAuctionsLive is only available to
those who can form a legally binding contract. USAuctionsLive does not permit minors (under 18) to
register. If any member fails to sign up with their correct age
the account will be terminated immediately.
Membership to USAuctionsLive is
also subject to account payments on demand. If any user,
customer and/or store owner fails to make payments on demand,
your account will be suspended and/or terminated including but
not limited to all auctions and/or listings and/or postings.
General Terms.
This site acts as the window for sellers to conduct
auctions and for bidders to bid on sellers' auctions. We are not
involved in the actual transaction between buyers and sellers.
As a result, we have no control over the quality, safety or
legality of the items listed the truth or accuracy of the
listings, the ability of sellers to sell items or the ability of
buyers to buy items. We cannot and do not control whether or not
sellers will complete the sale of items they offer or buyers
will complete the purchases of items they have bid on.
In addition, note that there are risks of dealing with foreign
nationals, underage persons or people acting under false
pretence.
USAuctionsLive shall not be responsible for any items sold
by Auction, for any damage to items during transit or during the
inspection period, nor for misrepresentations and/or breaches of
contract by either buyer and/or seller. USAuctionsLive shall
not be responsible for the cost of procurement of substitute
goods or any losses resulting from any goods purchased or
obtained.
USAuctionsLive assumes no liability for the content of the
listings.
However if you fall victim of a fraudulent transaction we will
assist you as much as we can.
USAuctionsLive reserves the
right to change or alter these Terms and Conditions at any time
without notice to you. It is your responsibility to check these Terms and Conditions
periodically.
Laws.
These Terms of Service shall be governed by and
constructed in accordance with the laws of the United States of
America and any disputes will be decided only by the Courts
within the United States of America. Designation of these court
locations would be either Florida or Delaware as specified by US
Auctions Live only.
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Privacy Policy
US Auctions Live and it's partner companies
demonstrate their commitment to our customers' privacy by providing this
statement. We will do everything in our power to ensure your right to
privacy. We are committed to developing long lasting relationships that
are built on trust. US Auctions Live will never violate that trust.
We may use third-party services or advertising companies to serve ads on
our behalf. These companies may employ cookies and action tags (also
known as single pixel gifs or web beacons) to measure advertising
effectiveness. Any information that these third parties collect via
cookies and action tags is completely anonymous. If you would like more
information about this practice and your choices,
click here.
When you order from US Auctions Live, all your personal information is
protected. We use Secure Sockets Layer (SSL), the industry standard, for
encrypting all personal information, including name, address and credit
card numbers.
US Auctions Live Will Not Sell Your Personal Information
US Auctions Live keeps all your information confidential.
US Auctions Live and it's partner companies are dedicated to providing the
best auction and/or listing service possible to every one of our clients. We are
also dedicated to staying on top of available technology and security.
While US Auctions Live will provide our clients with reasonable
notification, US Auctions Live reserves the right to change its policy at
any time to meet the needs of our customers, changing laws and new
technology.
US Auctions Live understands that many of you are concerned about cookies.
We provide this Cookie Policy Statement to let you know how we use this
technology. US Auctions Live uses cookies to help us improve our website
and database services, and, most importantly, provide our existing
customers with the opportunity for continued savings and increased
convenience.
Cookies For Improving Our Web Sites
US Auctions Live uses cookies to inform us of a repeat visit. The cookie
does not tell us who you are, your name, email address, or Passwords.
Cookies For Banner Program
To offer our customers continued savings, US Auctions Live uses
cookies to help monitor the traffic generated from US Auctions Live
banners and logo buttons displayed on our customers' stores.
For our customers, US Auctions Live and it's partner companies use
cookies to store user names for added convenience to the databases. As
part of our auction services, US Auctions Live offers
stores and user or customer web-based management tools. By storing
the customers' Usernames in a cookie, users will not have to keep filling out
form fields when they desire to manage their account. US Auctions Live is dedicated to using the newest
technologies in order to simplify our customers' lives.
- Usage Policy
US Auctions Live demonstrates its commitment
to our customers' privacy by providing this statement. We will do
everything in our power to ensure your right to privacy. We are
committed to developing long lasting relationships that are built on
trust. US Auctions Live will never violate that trust.
Personal Data Transmissions Are Encrypted
When you order from or use the US Auctions Live website platform, all your personal information is
protected. We use database and server software on various technology
environments to protect your information. All payments made from your
account area is made thru secure socket layers SSL, the industry standard, for
encrypting all personal information, including name, address and credit
card information.
US Auctions Live Will Not Sell Your Personal
Information
US Auctions Live keeps all your information confidential.
Policy Changes
US Auctions Live is dedicated to providing the best auction service
possible to every one of our clients. We are also dedicated to staying
on top of available technology.
While US Auctions Live will provide our clients with reasonable
notification, US Auctions Live reserves the right to change its policy at
any time to meet the needs of our customers, changing laws and new
technology.
IOS - Interruption Of Service
US Auctions Live understands how important this service is to all
customers and our goal is to accomplish a 100% uptime of these auction
services. However, due to many other variables and factors within and
out of our control such as Internet service providers ISP's etc. we can
not guarantee that you will always have access to your auctions or other
information. When this
interruption of service
occurs, please feel free to report the event
immediately to US Auctions Live. From time to time US Auctions Live
might have to do administrative duties or updates and/or changes to the
website and/or databases and your services may be unavailable
temporarily. Your security is our foremost responsibility and therefore
these service interruptions may be inevitable. Your usage of this
service in it's entirety or any part acknowledges that you will hold US
Auctions Live and all it's contractors and/or providers and/or employees
and staff harmless and blameless from any and all losses in whole or
part and/or third party involvement.
Sessions on US Auctions Live
US Auctions Live uses sessions based on cookies to connect all users to
the databases and actively connected to the servers to ensure your
access to your account, activity, history etc. Please ensure that
cookies are enabled on your browser to ensure connectivity to your
account services.
Browsers and Browser Usage
US Auctions Live strongly suggests that all users use new software
browsers such as Internet Explorer or Mozilla Firefox!
To download the
latest versions free;
Click
here for Mozilla Firefox
Click here for Internet Explorer
Cookies For Customer Account Management
For our customers, US Auctions Live uses cookies to store user names for
added convenience to our customer. US Auctions Live is
dedicated to using the newest technologies in order to simplify our
customers' lives.
This is US Auctions Live Usage Policy, which supplements any
service agreement of each user of US Auctions Live's services (each, a
"Subscriber" or "Customer" or "User"). Every Subscriber is subject to this Usage Policy, and by
virtue of using US Auctions Live services, network, database(s),
website(s) and/or any and all systems including but not limited to
e-mail;
(collectively the "Services") agrees to be bound by this Usage Policy.
US Auctions Live will revise this Usage Policy from time to time. A
Subscriber's use of the Services
posted on US Auctions Live website at:
http://www.usauctionslive.com/terms,page,content_pages will
constitute such person's acceptance of any and all content found here
including any and all changes or additions to the
Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates or
customers etc.) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of
privacy, rights of publicity or other personal rights is prohibited.
US Auctions Live is required by law to remove or block access to content
appearing on or through the Services upon receipt of proper notice of
copyright infringement (see "Copyright Infringement Notice Information"
below).
Spamming
Spamming, whether or not it overloads the Services or disrupts service
to US Auctions Live Subscribers, is prohibited. The term "spamming" includes,
but is not limited to, the sending of unsolicited bulk and/or commercial
message over the Internet or maintaining an open SMTP policy.
US Auctions Live reserves the right to determine, in its sole and absolute
discretion, whether e-mail recipients were from an opt-in email list.
Misrepresentation of Transmission
Information
Forging, misrepresenting, omitting, or deleting message headers, return
mailing information and/or Internet protocol addresses to conceal or
misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or
Trojan horses, or for pinging, flooding or mail bombing, or engaging in
denial of service attacks is prohibited. It is also prohibited for any
Subscriber to engage in other activity that is intended to disrupt or
interfere with, or that results in the disruption of or interference
with, the ability of others to effectively use the Services (or any
connected network, system, service or equipment) or conduct their
business over the Internet.
Hacking
"Hacking" and related activities is prohibited. "Hacking" includes, but
is not limited to, the following activities: illegally or without
authorization, accessing computers, accounts or networks, penetrating or
attempting to penetrate security measures, port scans, stealth scans,
and other activities designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United States
and/or violations of United States law relating to the exportation of
software is prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise or
otherwise make available child pornography is prohibited. US Auctions Live
is required by law, and will, notify law enforcement agencies when it
becomes aware of the presence of child pornography on, or being
transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined
by US Auctions Live, in its sole and absolute discretion, to be illegal is
prohibited. Such illegal activities include, but are not limited to,
storing, posting, displaying, transmitting or otherwise making available
ponzi or pyramid schemes, fraudulently charging credit cards or
displaying credit card information of third parties without their
consent, and failure to comply with applicable on-line privacy laws.
US Auctions Live will cooperate fully with appropriate law enforcement
agencies in connection with any and all illegal activities occurring on
or through the Services.
Obscene, Defamatory, Abusive or Threatening
Language
Use of the Services determined by US Auctions Live, in its sole and
absolute discretion, to store, post, transmit, display or otherwise make
available obscene, defamatory, harassing, abusive or threatening
language is prohibited.
Other Activities
Engaging in any activity that, in US Auctions Live's sole and absolute
discretion, disrupts, interferes with or is harmful to (or threatens to
disrupt, interfere with, or be harmful to) the Services,
US Auctions Live's business, operations, reputation, goodwill, customers
and/or customer relations, or the ability of US Auctions Live's customers
to effectively use the Services is prohibited. Such prohibited
activities include making available any program, product or service that
is designed to or could be used to violate this Usage Policy and Terms
and Conditions. In
addition, the failure by a Subscriber to cooperate with US Auctions Live
in correcting or preventing violations of this Usage Policy by, or that
result from the activity of, a customer of the Subscriber is a violation
of this Usage Policy.
In general, US Auctions Live does not monitor its customers' auctions,
listings and/or stores or
activities to determine whether they are in compliance with this Usage
Policy. However, when US Auctions Live becomes aware of any violation of
this Usage Policy or its User Agreement or any part of the Terms and
Conditions, US Auctions Live may take any
action to stop or correct such violation, including, but not limited to,
shutting down a auction or auctions and/or listings and/or stores or any
other service, denying access to the Services or to the
Internet, and/or removing and/or deleting information. In addition, US Auctions Live may
take action against a Subscriber or a user of such Subscriber
because of the activities of such user. US Auctions Live reserves the
right to take any such action even though such action may affect other
users of the Subscriber.
US Auctions Live may disclose any information in its possession,
including, without limitation, information about Subscribers, internet
transmissions and website activity in order to comply with a court
order, subpoena, summons, discovery request, warrant, statute,
regulation or governmental request, to protect US Auctions Live or others
from harm, and/or to ensure the proper operation of the Services.
US Auctions Live has no obligation to notify any person, including the
Subscriber about whom information is sought, that US Auctions Live has
provided the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, US Auctions Live
has adopted a policy that provides for termination of services provided
to subscribers who violate this Act or that are found to infringe on copyrights of third
parties. If a copyright holder believes that there has been a violation
of his or her copyright on any subscribers services that is provided by US Auctions Live or
its subsidiaries, and the copyright holder wants US Auctions Live to
remove the subscriber and/or auctions/listings/stores or disable the material in question, US Auctions Live
will remove or disable the material if the copyright holder
provides us with all of the following information:
- A signature of a person authorized
to act on behalf of the owner of the exclusive right that is allegedly
infringed. Identification of the copyrighted work that is claimed is
being infringed, or, in the case of claimed infringement of multiple
copyrighted works, a representative list of such works.
- Identification of the material that
is claimed to be infringing or is the subject of infringing activity
and that should be removed or access to which should be disabled, with
information reasonably sufficient to permit us to locate the material.
- A statement that the person giving
the notification 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.
- A statement that the information in
the notification is accurate, and under penalty of perjury, that the
person giving the notification is authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed.
This User Agreement
("Agreement") is an agreement between US Auctions Live, LLC or US
Auctions Live ("USauctionsLive"), a
Internet Online Auctions Website, and the party set forth in the
related registration form incorporated herein by reference (together with any
subsequent order forms submitted by Customer, the "Registration"), and
applies to the purchase and use of all services (collectively, the "Services")
ordered and subscribed to by the Customer on the Registration or any other method specified by
US Auctions Live to acquire services from US Auctions Live. Such party is referred to in this
Agreement as "Customer" or "User" or "you"
or "Subscriber". PLEASE READ THIS AGREEMENT CAREFULLY.
BY CLICKING ON THE "Register >" BUTTON ON THE REGISTRATION FORM, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS
AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT,
INCLUDING US AUCTIONS LIVE'S
USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS
AGREEMENT. US Auctions Live reserves the right to reject this Agreement
for any reason or no reason, prior to acceptance thereof by
US Auctions Live. Activation of the Services shall indicate
US Auctions Live's acceptance of this Agreement. Subject to the terms and
conditions of this Agreement, US Auctions Live will provide to Customer
the Services selected by Customer set forth on the Registration Form unless
US Auctions Live at any point in the future disagrees to providing those
services and can terminate any and all agreements immediately without
notice or reason.
1. Usage Policy
Under this Agreement, Customer shall comply with US Auctions Live's then
current "Usage Policy", as amended, modified or updated from time to
time by US Auctions Live, which currently can be viewed at
http://www.usauctionslive.com/terms,page,content_pages, and which is
incorporated in this Agreement by reference. Customer hereby
acknowledges that you have reviewed the Usage Policy and that the terms of
the Usage Policy are incorporated herein by reference. In the event of
any inconsistencies between this Agreement and the Usage Policy, the
terms of the Usage Policy shall govern. US Auctions Live does not intend
to systematically monitor the content which is submitted to, stored on
or distributed or disseminated by Customer via the Service (the
"Customer Content"). Customer Content includes content of Customer's
customers and/or users of Customer's stores. Accordingly, under this
Agreement, you will be responsible for your customers content and
activities on your store and/or auctions and/or listings. Notwithstanding anything to the contrary
contained in this Agreement, US Auctions Live may immediately take
corrective action, including removal of all or a portion of the Customer
Content, disconnection or discontinuance of any and all Services, or
termination of this Agreement in the event of notice of possible
violation by Customer of the Usage Policy. In the event US Auctions Live
takes corrective action due to a violation of the Usage Policy,
US Auctions Live shall not refund to Customer any fees paid in advance of such
corrective action. Customer hereby agrees that US Auctions Live shall have
no liability to Customer or any of Customer's customers or users etc. due to any
corrective action that US Auctions Live or it's partner companies may take
(including, without limitation, disconnection of Services).
2. Amendment
US Auctions Live may amend, modify or update this Agreement or the Usage
Policy at any time in its sole discretion, and Customer shall be bound
by any such amendment, modification or update. US Auctions Live may, but
is under no obligation to, provide notice of any amendment, modification
or update of this Agreement or the Usage Policy. Any modification is
effective on the earlier of one hour after posting on US Auctions Live's
website or one hour after the sending of a notice by US Auctions Live to
Customer by e-mail or conventional mail. If any material modification to
this Agreement or the Usage Policy is unacceptable to you, you may
terminate your subscription as provided in Section 3. However, if you do
not terminate the Agreement, or if you continue to use the Services
following effectiveness of the modification, your continued use will
mean that you have accepted that modification. US Auctions Live reserves
the right to amend its service offerings and add, delete, suspend or
modify the terms and conditions of the Services and/or any and all
content found on US Auctions Live, at any time and from
time to time on any subscribers content existing, past and future customers.
3. Term; Termination; Cancellation Policy
The initial term of this Agreement shall be as set forth in the
Registration and/or Subscription and/or Order
Form(s) (the "Initial Term"). The Initial Term shall begin upon
commencement of the Services to Customer. After the Initial Term, this
Agreement shall automatically renew for successive terms of equal length
as the Initial Term, unless terminated or cancelled by either party as
provided in this section. The Initial Term and all successive renewal
periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by either party by
suspending, terminating or deleting the service and/or account(s), (ii) by US Auctions Live in the event of nonpayment by
Customer, (iii) by US Auctions Live, at any time, without notice, if, in
US Auctions Live's judgment, Customer is in violation of any term or
condition of the Usage Policy or Customer's use of the Service disrupts
or, in US Auctions Live's judgment, could disrupt, US Auctions Live's
business operations and (iv) by US Auctions Live in accordance with
Sections 1, 9, and 10 of this Agreement.
If you cancel this Agreement, (i) you shall
be obligated to pay all fees and charges accrued prior to the
effectiveness of such cancellation, (ii) US Auctions Live shall not refund to
you any pre-paid fees for services after effectiveness of cancellation, (ii) you shall be
obligated to pay 100% of all charges for all Services (iv)
US Auctions Live shall have the right to charge you any and all
collection fees and/or attorney and/or legal fees including a
non-payment fee of $50.00.
If US Auctions Live cancels this Agreement prior to the end of the Term,
US Auctions Live shall not refund to you any fees paid in advance of such
cancellation and (i) you shall be obligated to pay all fees and charges
accrued prior to the effectiveness of such cancellation, (ii) you shall
be obligated to pay 100% of all charges for all Services in the Term.
4. Billing and Payment
All fees for the Services shall be in accordance with US Auctions Live's
fee schedule then in effect, the terms of which are incorporated herein
by reference, and shall be due at the times provided therein. A $25.00
late fee will apply to accounts past due more than ten (15) calendar
days from the due date. US Auctions Live may, with no notice to
Customer, amend the Services and/or the rates and fees it charges for
the Services. Fees for renewal periods after the Initial Term shall be
due and owing immediately upon the first day of such renewal period.
US Auctions Live may impose a debt service charge equal to three percent (3%) of the overdue balance (or such lesser amount as
may be required by law) for each month or fraction thereof the overdue
amount remains unpaid accrued interest. In addition, in the event that any amount due
US Auctions Live remains unpaid ten (10) days after such payment is
due, US Auctions Live, in its sole discretion, may immediately terminate
this Agreement, and/or withhold or suspend any and all Services. There will be a
$50.00 charge to reinstate accounts that have been suspended and any and
all legal and/or collections fees added. All taxes, fees and governmental charges relating to the
Services provided hereunder (other than income taxes of US Auctions Live)
shall be paid by Customer.
Customer agrees that US Auctions Live may pre-charge Customer's fees for
the Services to a credit card and/or bank account of Customer during
registration or acquired at any time.
Returned checks will be assessed a $30.00 charge. Wire transfers will be
assessed a $50.00 charge.
5. Special Provisions Applicable to
Users
US Auctions Live and it's partner companies from time to time may offer
reseller programs which will permit Customers to resell certain of
US Auctions Live's products and services, and be eligible for certain
discounts, services and other promotions. A Customer that participates
in a reseller program is referred to herein as a "Reseller". To be
eligible to participate in a reseller program, the Reseller may be
required to meet certain requirements as provided in such reseller
program. If you are a Reseller, the terms and conditions in this section
(in addition to any terms or conditions contained in the reseller
program) are applicable to you.
As a Reseller, you are US Auctions Live's Customer. A Reseller shall be
deemed, and is the "Customer" for all purposes under this Agreement and
the Usage Policy. When you resell the Services, the purchaser of those
resold services becomes your customer (a "Reseller Customer"). A
Reseller Customer is not a Customer of US Auctions Live, and
US Auctions Live will not support any Reseller Customer. Reseller shall
take all necessary measures to preclude US Auctions Live from being made a
party to any agreement with any Reseller Customer. As a Reseller, you
are authorized to resell the Services identified in the applicable
reseller program on a non-exclusive basis. US Auctions Live reserves the
right to market and sell its products and services through its own
employees, other resellers and other representatives and retailers that
may compete with you. The terms and conditions of such other
relationships may differ from the terms of this Agreement and the
reseller program, and may be better. Reseller shall be responsible for
billing, and collecting payments from, Reseller Customers. Reseller
shall not withhold payments to US Auctions Live under this Agreement
because of a failure of a Reseller Customer to make payments to
Reseller. Reseller may set the prices to be paid to it by Reseller
Customers for any of the resold Services. Reseller shall provide all
support (including, without limitation, customer support, first level
support, second level support, and other technical support) for Reseller
Customers. Reseller shall pay all sales, use, transfer, privilege,
excise or other taxes and all duties, whether national, state or
local, however designated, which are levied or imposed on US Auctions Live
and Reseller under this Agreement and any and all transactions between
Reseller and Reseller Customers. Reseller shall not resell the Services
under US Auctions Live's brand name. Reseller shall be solely responsible
for compliance with any regulations governing the export of the Services
(or any portion thereof). Nothing in this Agreement constitutes a
license to Reseller to use or resell the Marks (as defined below).
6. US Auctions Live
as Reseller or Licensor
US Auctions Live is acting only as a reseller or licensor of the hardware,
software and equipment used in connection with the products and/or
Services that were or are manufactured or provided by a third party
("Non-US Auctions Live Product"). US Auctions Live shall not be responsible for
any changes in the Services that cause the Non-US Auctions Live Product to
become obsolete, require modification or alteration, or otherwise affect
the performance of the Services. Any malfunction or manufacturer's
defects of Non-US Auctions Live Product either sold, licensed or provided by
US Auctions Live to Customer or purchased directly by Customer used in
connection with the Services will not be deemed a breach of US Auctions Live's
obligations under this Agreement. Any rights or remedies Customer may
have regarding the ownership, licensing, performance or compliance of
Non-US Auctions Live Product are limited to those rights extended to Customer
by the manufacturer of such Non-US Auctions Live Product. Customer is entitled
to use any Non-US Auctions Live Product supplied by US Auctions Live only in
connection with Customer's permitted use of the Services. Customer shall
use its best efforts to protect and keep confidential all intellectual
property provided by US Auctions Live to Customer through any Non-US Auctions Live
Product and shall make no attempt to copy, alter, reverse engineer, or
tamper with such intellectual property or to use it other than in
connection with the Services. Customer shall not resell, transfer,
export or re-export any Non-US Auctions Live Product, or any technical data
derived there from, in violation of any applicable United States or
foreign law.
7. Account and Store Ownership
If US Auctions Live allows Customer an
account and/or store for
Customer's use, the right to use that account and/or store shall
belong only to US Auctions Live, and Customer shall have no right to use that
account and/or store except as permitted by US Auctions Live in its sole
discretion in connection with the Services, during the term of this
Agreement. US Auctions Live shall maintain and control ownership of all
accounts and/or stores that may be assigned to Customer
by US Auctions Live, and US Auctions Live reserves the right to change or remove any
and all such accounts and/or stores and/or make changes or alterations
to all such accounts and/or stores, in its sole and
absolute discretion.
8. Caching and
Backup
Customer expressly (i) grants to US Auctions Live a license to cache
and backup the
entirety of the Customer Content and Customer's store(s), including
content supplied by third parties, hosted by US Auctions Live under this
Agreement and (ii) agrees that such caching and/or backup is not an infringement of
any of Customer's intellectual property rights or any third party's
intellectual property rights.
9. CPU Usage
Customer agrees that Customer shall not use excessive amounts of CPU
processing on any of US Auctions Live or partner companies servers. Any
violation of this policy may result in corrective action by US Auctions Live
or partner companies, including assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken in US Auctions Live's sole
and absolute discretion. If US Auctions Live or partner companies takes any
corrective action under this section, Customer shall not be entitled to
a refund of any fees paid in advance prior to such action.
10. Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the
normal usages per average customer per month for the Services. US Auctions Live will monitor Customer's
bandwidth and disk usage. US Auctions Live shall have the right to take
corrective action if Customer's bandwidth or disk usage exceeds the
Agreed Usage. Such corrective action may include the assessment of
additional charges, disconnection or discontinuance of any and all
Services, or termination of this Agreement, which actions may be taken
in US Auctions Live sole and absolute discretion. If US Auctions Live takes any
corrective action under this section, Customer shall not be entitled to
a refund of any fees paid in advance prior to such action.
11. Property Rights
US Auctions Live owns all right, title and interest in and to the Services and
US Auctions Live trade names, trademarks, service marks, inventions,
copyrights, trade secrets, patents, know-how and other intellectual
property rights relating to the design, function, marketing, promotion,
sale and provision of the Services and the related hardware, software
and systems ("Marks"). Nothing in this Agreement constitutes a license
to Customer to use or resell the Marks.
12. Customer
Warranties
Customer shall be solely responsible for the development, operation and
maintenance of Customer's services including stores and all
activities, for all products and services offered by Customer or
appearing online and for all contents and materials appearing online or
on Customer's products, including, without limitation (i) the accuracy
and appropriateness of the Customer Content and content and material
appearing in its store or on its products, (ii) ensuring that the
Customer Content and content and materials appearing in its store or on
its products do not violate or infringe upon the rights of any person,
and (iii) ensuring that the Customer Content and the content and
materials appearing in its store or on its products are not defamatory
or otherwise illegal. Customer shall be solely responsible for
accepting, processing and filling customer orders and for handling
customer inquiries or complaints. Customer shall be solely responsible
for the payment or satisfaction of any and all taxes associated with its
services and store.
Customer shall be responsible for the security and confidentiality of
any customer information (including, without limitation, customer credit
card numbers) that Customer may receive as a result of its services and
store.
Customer represents and warrants to US Auctions Live that Customer owns or has
the right to use the Customer Content and material contained therein,
including all text, graphics, sound, music, video, programming, scripts
and applets, and the use, reproduction, distribution and transmission of
the Customer Content and any information and materials contained therein
does not, and will not, (i) infringe or misappropriate any copyright,
patent, trademark, trade secret or any other proprietary right of a
third party, (ii) violate any criminal laws or (iii) constitute false
advertising, unfair competition, defamation, an invasion of privacy,
violate a right of publicity or violate any other law or regulation.
Customer grants US Auctions Live the right to reproduce, copy, use and
distribute all and any portion of the Customer Content to the extent
needed to provide and operate the Services.
13. Disclaimer of Warranty
Customer agrees to use all Services and any information obtained through
or from US Auctions Live, at Customer's own risk. Customer acknowledges and
agrees that US Auctions Live exercises no control over, and accepts no
responsibility for, the content of the information passing through
US Auctions Live or partner companies host computers, network hubs and points
of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT
ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF US Auctions Live, ITS
PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR
RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES,
AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS,
LICENSORS OR THE LIKE (EACH, AN "US Auctions Live PERSON") MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT US Auctions Live PROVIDES.
NO US Auctions Live PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE
INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR
MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. US Auctions Live IS
NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF
ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR
ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY US Auctions Live. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY US Auctions Live PERSON, WILL
CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The terms of this section shall survive any termination of this
Agreement.
14. Indemnification
Customer agrees to indemnify, defend and hold harmless US Auctions Live and
its parent, subsidiary and affiliated companies, and each of their
respective officers, directors, employees, shareholders and agents (each
an "indemnified party" and, collectively, "indemnified parties") from
and against any and all claims, damages, losses, liabilities, suits,
actions, demands, proceedings (whether legal or administrative), and
expenses (including, but not limited to, reasonable attorney's fees)
threatened, asserted, or filed by a third party against any of the
indemnified parties arising out of or relating to (i) Customer's use of
the Services, (ii) any violation by Customer of the Usage Policy, (iii)
any breach of any representation, warranty or covenant of Customer
contained in this Agreement or (iv) any acts or omissions of Customer.
The terms of this section shall survive any termination of this
Agreement.
15. Limitation of Liability
Customer agrees that no US Auctions Live Person, under any circumstances,
shall be held responsible or liable for situations where the Services
are accessed by third parties through illegal or illicit means,
including situations where such data is accessed through the
exploitation of security gaps, weaknesses or flaws (whether known or
unknown to US Auctions Live at the time) which may exist in the Services or
US Auctions Live's equipment used to provide the Services.
Under no circumstances, including negligence, shall any US Auctions Live
Person be liable for any indirect, incidental, special, consequential or
punitive damages, or loss of profits, revenue, data or use by Customer,
any of its customers, any Reseller Customer or any other third party,
whether in an action in contract or tort or strict liability or other
legal theory, even if US Auctions Live has been advised of the possibility of
such damages. No US Auctions Live Person shall be liable to Customer, any of
its customers, any Reseller Customer or any other third party, for any
loss or damages that result or are alleged to have resulted from the use
of or inability to use the Services, or that results from mistakes,
omissions, interruptions, deletion of files, loss of data, errors,
viruses, defects, delays in operations, or transmission or any failure
of performance, whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to US Auctions Live's
records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, US Auctions Live's
maximum liability under this Agreement for all damages, losses, costs
and causes of actions from any and all claims (whether in contract,
tort, including negligence, quasi-contract, statutory or otherwise)
shall not exceed the actual dollar amount paid by Customer for the
Services which gave rise to such damages, losses and causes of actions
during the 12-month period prior to the date the damage or loss occurred
or the cause of action arose.
Customer understands, acknowledges and agrees that if US Auctions Live takes
any corrective action under this Agreement because of an action of
Customer or one if its customer or a Reseller Customer, that corrective
action may adversely affect other customers of Customer or other
Reseller Customers, and Customer agrees that US Auctions Live shall have no
liability to Customer, any of its customers or any Reseller Customer due
to such corrective action by US Auctions Live.
This limitation of liability reflects an informed, voluntary allocation
between the parties of the risks (known and unknown) that may exist in
connection with this Agreement. The terms of this section shall survive
any termination of this Agreement.
16. Force Majuro
US Auctions Live shall not be liable for failure or delay in performing it
obligations hereunder if such failure or delay is due to circumstances
beyond its reasonable control, including, without limitation, acts of
any governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay in
transportation, unavailability of, interruption or delay in
telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain raw
materials, supplies or power used in or equipment needed for provision
of the Services.
17. Governing Law; Jurisdiction;
Arbitration
This Agreement shall be governed in all respects by Florida and/or
California law without regard to the conflict of law provisions thereof.
Both parties submit to personal jurisdiction in Florida and/or
California as stipulated by US Auctions Live. Any controversy or claim arising
out of, relating to or in connection with this Agreement, or the breach
thereof, shall be subject to arbitration administered by the American
Arbitration Association ("AAA") in accordance with its then existing
Commercial Arbitration Rules (collectively, the "AAA Rules") and
judgment upon the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof. The place of arbitration shall be
West Palm Beach, Florida and/or Los Angeles, California, as stipulated
by US Auctions Live, or any other place selected by mutual agreement of the
parties. An award rendered in connection with an arbitration pursuant to
this Section shall be final and binding upon the parties and the parties
agree and consent that the arbitral award shall be conclusive proof of
the validity of the determinations of the arbitrations set forth in the
award, and any judgment upon such an award may be entered and enforced
in any court of competent jurisdiction. The parties agree that the award
of the arbitral tribunal will be the sole and exclusive remedy between
them regarding any and all claims and counterclaims between them with
respect to the subject matter of the arbitrated dispute. The parties
hereby waive all in personal jurisdictional defenses in connection with
any arbitration hereunder or the enforcement of an order or award
rendered pursuant thereto. In any legal action, the prevailing party
will be entitled to recover all legal expenses incurred in connection
with the action, including but not limited to its costs, both taxable
and non-taxable, and reasonable attorney's fees. The terms of this
section shall survive any termination of this Agreement.
18. Assignment
Customer shall not have the right to assign this Agreement without the
prior written consent of US Auctions Live. This Agreement shall be binding
upon and inure to the benefit of Customer and US Auctions Live and their
successors and permitted assigns.
19. Entire Agreement; Severability
This Agreement, together with the Order Form or Forms and/or contracts and any other documents or
agreements specifically identified in this Agreement, represents the
entire agreement between the parties, and supersedes all previous
representations, understandings or agreements. If any provision of this
Agreement shall be held by a court of competent jurisdiction to be
invalid, unenforceable, or void, the remainder of this Agreement shall
remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual
entering this Agreement for his or her personal use and is over 18 years
of age, or a corporation, limited partnership or other legal entity,
duly organized, validly existing and in good standing under the laws of
the state of its organization and the person acting on behalf of
Customer is duly authorized to accept, execute and deliver this
Agreement on behalf of Customer.
US Auctions Live, LLC ('US Auctions Live") customers, and customers of US Auctions Live
customers or any user of bandwidth and/or services on our network
(herein described as 'users') are prohibited from sending UBE/UCE
(unsolicited bulk email/unsolicited commercial email). Users may be
asked to produce records that verify that explicit affirmative
permission was obtained from a recipient before a mailing was sent.
US Auctions Live may consider the lack of such proof of explicit affirmative
permission of a questionable mailing UBE/UCE at its sole discretion.
US Auctions Live customers are prohibited from maintaining open mail relays on
their services. Ignorance of the presence or operation of an open mail
relay is not and will not be considered an acceptable excuse for its
(the open mail relay) operation. Multiple infractions of this policy
will result in a discontinuation of customers entire service.
US Auctions Live customers will be notified in the event that they may be
operating stores listed as violators of the above policy. Again, failure to
rectify such situations will be cause for termination.
US Auctions Live customers are prohibited from providing stores that have been included in UBE/UCE.
Valid complaints received by US Auctions Live or it's affiliates, resellers or
partners may lead to immediate termination or suspension of the service.
US Auctions Live may block traffic without prior notice to and from the IP
address involved in the UBE/UCE complaint until the problem is resolved
and preventative measures have been implemented to prevent the violation
from recurring at the sole discretion of US Auctions Live.
US Auctions Live reserves the right to suspend and/or cancel permanently any
and all services provided to the user without a notification. If a
Customer is in violation of any term or condition of this Spamming
Policy, the Acceptable Use Policy, User Agreement or Customer's use of
the Service disrupts or, in US Auctions Live's judgment, could disrupt,
US Auctions Live's business operations, US Auctions Live reserves the right
to discontinue customers services with no refund and to charge Customer an
administrative fee equal to the $100.00 including any other charges
US Auctions Live might incur due to customer actions.
To report an incidence of abuse, please report it to:
support@usauctionsLive
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2008
US Auctions Live Corp. All Rights Reserved. |
