Updated January 5, 2015
ELIGIBILITY AND REGISTRATION
You must be at least 18 years old to use the Services. You may choose to create an account and provide certain information, including a valid email address and a password. If you want to participate in an auction event, you will have to register with us. You agree to provide accurate and truthful information and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorized use of your information. You may not share your password with unaffiliated third parties. By providing your information, you consent to us contacting you about your interest in the Services by e-mail, phone, or through any other contact information you have chosen to provide. Please refer to our Privacy Statement. You may opt out of marketing by following the instructions in our Privacy Statement.
YOUR LICENSE TO USE THE SERVICES
There are a number of rules you must follow to use the Services. You agree not to use the Services in any way that:
- Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services;
- Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
- Creates any derivative works from the Services;
- Competes with our business or adversely or negatively impacts our revenue;
- Impairs our computer systems or transmits software viruses, worms, or other harmful files.
- Interferes with any other party’s use and enjoyment of the Services;
- Attempts to gain unauthorized access to the Services;
- Uses any part of the Services in unsolicited mailings or spam material;
- Violates our or any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary right;
- Threatens, stalks, harms, or harasses us or others, misleads or deceives us or others, promotes bigotry or discrimination, defames us or others, or is otherwise objectionable; solicits personal information, or submits or transmits pornography; or
- Violates any laws.
YOUR CONTENT AND SUBMISSIONS
Without limitation on the generality of the foregoing, all comments, remarks, suggestions, ideas, graphics or other information including, without limitation, information in your registration or profile or other communications to the Site Owner related to this Site (collectively, the “Submission”) will forever be the property of the Site Owner. The Site Owner will have no obligation to treat or hold any Submission as confidential. The Site Owner may, within its discretion, use or otherwise commercially exploit your Submission for its own benefit and profit, and without liability to you or any obligation to pay to you any fee or other compensation for the use of your Submission including, without limitation, all ideas expressed within your Submission. Without limitation on the generality of the foregoing, you agree that the Site Owner will have exclusive ownership of all present and future rights to all Submissions of every kind and nature everywhere. To the extent that, under applicable law, you retain any rights in and to the Submissions, you are deemed to have granted to the Site Owner an irrevocable and perpetual, royalty free and fully paid, worldwide, transferable (and sub-licensable through multiple tiers), and exclusive license to make, use and sell (including all copyright and publicity rights in and to) the Submission. The Site Owner will be entitled to use all Submissions for any commercial or other purpose of every kind whatsoever, without notice or compensation to you or any other person sending the Submission. The Site Owner reserves the right to monitor, edit, modify or delete any Submission.
You agree not to introduce to the Site any virus, worm, Trojan horse, malware, spyware, phishing or replicating program, lockout or expiration code, or other programming routines or codes that are intended to cause, or will have the effect of causing, any surreptitious or overt interception, copying, use or damage of, or interference with, any systems or data, by any other user of the Site. You agree not to make any submission of any communication, material or content which imposes an unreasonable or disproportionately large load on the Site’s servers.
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 WE DISCLAIM 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. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to items available for bid, auction events, times and locations, relevant auction terms, and other matters which may be made available by us users of this Site.
Some of the available content, services, and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services, or information. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do 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 of any other websites, services, or goods that may be linked to or from the Services.
YOUR USE OF THIS SITE IS AT YOUR RISK. BY ACCESSING AND USING THIS SITE, YOU AGREE THAT NO PROMISE, GUARANTY, REPRESENTATION OR WARRANTY IS MADE TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY CONTENT, FEATURE, PRODUCT OR SERVICE OFFERED THROUGH THE SITE. ALL CONTENT, FEATURE, PRODUCT OR SERVICE OFFERED THROUGH THE SITE IS OFFERED “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT CONTAINED ON THE SITE. You assume the risk that your access to or use of this Site, including without limitation your copying, downloading or streaming of materials, data, text, images or audio from this Site, will infect your computer equipment, software or data with a virus or worm; replicate or copy data onto your hard drive; replicate, copy or capture data from your hard drive; or otherwise cause damage to your computer equipment, software or data.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, LOSS OF ENTERPRISE VALUE, LOSS OF OPPORTUNITY OR LOSS OF DATA, AND INCLUDING, WITHOUT LIMTATION, DAMAGES ATTRIBUABLE TO ANY FAILURE OF PERFORMANCE, LOSS OF DATA, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU OR MAY BE LIMITED. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree that if you ever have any claim against us, that claim must be brought within six (6) months after the claim first arises, otherwise that claim will be forever barred and waived.
TERMINATION OR STOPPING USE OF THE SERVICES
You can stop using the Services at any time and for any reason.
Without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time in our discretion. We may also modify, suspend, or discontinue the Services, without prior notice to you.
In order to protect the Services, we reserve the right at any time to block users from certain IP addresses from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services.
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims; however, notwithstanding the foregoing nothing herein shall prevent or restrict us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in any court of competent jurisdiction.
SERVICES AUDITING AND MONITORING
A. Notices and Electronic Communications. We may provide you with notices from time to time by email, regular mail, or communications though the Services. When you use the Services, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.
B. United States Export and Foreign Assets Control Regulations. We do not represent that the Services are appropriate or available for use in any particular location. Those who choose to access the Services shall do so on their own initiative and are responsible for compliance with all applicable local 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.
For questions about the Services, you may contact GenericBid.com at:
firstname.lastname@example.org or 1-800-222-5609 (x442).