Terms of Service1) User Agreement
This Web site is offered to you by American Auctioneering and Appraising, 4060 Robway Ln, Santa Rosa, California 95407 on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Website, including the auction registration webpage.
YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING American Auctioneering and Appraising SERVICES. YOU MAY NOT ACCESS OR USE THE SERVICES PROVIDED BY American Auctioneering and Appraising UNLESS YOU AGREE TO THEM.
By using this Website, you acknowledge that you have read the terms, conditions and notices in this Agreement and you agree to accept them. American Auctioneering and Appraising reserves the right to change the terms, conditions and notices under which this Website is offered at any time in its sole discretion.
2) Description Of Services
American Auctioneering and Appraising provides registered users with the option of buying merchandise through an online auction medium. The user understands that services provided by American Auctioneering and Appraising may contain advertisements, and that these advertisements are necessary for continued operations.
Users may not download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information, products or services obtained from American Auctioneering and Appraising.
3) Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your American Auctioneering and Appraising account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
4) Fees and Services
Joining and bidding on items at American Auctioneering and Appraising is free. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service, if any, are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
5) Bidding and Buying
As a buyer, you are obligated to complete the transaction with the American Auctioneering and Appraising:
if you purchase an item through one of our fixed price formats; or
if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) unless the transaction is prohibited by law or by this Agreement.
By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and American Auctioneering and Appraising agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the American Auctioneering and Appraising, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). Bids are not retractable except in exceptional circumstances, such as: when American Auctioneering and Appraising materially changes the item's description after you bid or a clear typographical error is made. You are certifying that you have the legal right to purchase such items.
6) Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of American Auctioneering and Appraising as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, immediately remove your bids, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
(a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
8) No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
9) Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
10) Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, purchase, and sale of items.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by American Auctioneering. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 4 (Fees and Services) with respect to fees owed for our services, 6 (Access and Interference), 9 (Liability Limit) and 11 (Indemnity) shall survive any termination or expiration of this Agreement.