Auction123, Inc., a full service listing company providing services through its websites, www.auction123.com, www.auctionadmin.com and, www.myauction123.com (collectively, "Auction123") have provided the following Consumer Terms for your review.
YOU MUST AGREE TO ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT AUCTION123 IS UNWILLING TO LET YOU UTILIZE OUR SERVICES.
Welcome to Auction123. Auction123 provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at www.auction123.com. In addition, when using particular Auction123-owned or operated services, you and Auction123 shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
In consideration of the grant of your license to use the Software and any related support and maintenance services, you shall pay to Auction123 the license fees that were set forth in your agreement. The license fees may be increased at the end of the Initial Term and subsequent terms by Auction123 in its sole discretion.
Auction123 shall provide you with the ability to create easy form templates to sell your car, automotive or other motorized land vehicle on eBay. Auction123 shall, after you use the template to create a posting for eBay, place the posting you created on eBay's website and other internet websites provided by the Company., from time to time (collectively, these activities are called the "Service").
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
If you provide any information that is untrue, inaccurate, not current or incomplete, or Auction123 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Auction123 has the right to suspend or terminate your account and refuse to you any and all current or future use of the Service (or any portion thereof). Auction123 is concerned about the safety and privacy of all its users.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
Auction123 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
Additionally, use of Auction123.com's site to utilize services offered by external service providers and / or third party providers may require that we store information related to your account with the external or third party provider. Such information includes, but is not limited to, you login and password information, name, address(es), email address(es), and phone number(s). You assume responsibility for all actions taken under your accounts with these internal and third party service providers, including fees incurred and actions performed.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Auction123, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Auction123 does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Auction123 be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
You acknowledge that Auction123 may or may not pre-screen Content, but that Auction123 and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Auction123 and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Auction123 or submitted to Auction123, including without limitation information in Auction123 Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Auction123 may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your Content, may involve:
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Auction123 and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with federal, state and all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside or to which you sell.
Auction123 does not claim ownership of Content you submit or make available for inclusion on the Service. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, however, you grant Auction123 the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the Auction123 network of properties that are intended by Auction123 to be available to the general public and those websites to which we send content.
You, on behalf of the company/organization you represent, agree to indemnify and hold Auction123, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, through administrative pre-trial, trial, appellate, enforcement and alternative dispute resolution levels, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person or entity.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service; or replicate the Service in any medium whatsoever or utilize any other mechanism for replicating the Service. Any resale of the Auction123 service must be approved in writing. Dealers also may not employ other third parties to provide listing services using the dealer's Auction123 accountAny listings or services done by parties other than authorized Auction123 representatives is prohibited and subject to Auction123 Full Service rates.
You acknowledge that Auction123 may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Auction123's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Auction123 has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Auction123 reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Auction123 reserves the right to modify these general practices and limits from time to time.
Auction123 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Auction123 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Auction123 may, under certain circumstances and without prior notice, immediately terminate your Auction123 account and access to the Service. Cause for such termination shall include, but not be limited to:
Termination of your Auction123 account includes:
Further, you agree that all terminations for cause shall be made in Auction123's sole discretion and that Auction123 shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. If your account has been terminated by Auction123, you can not re-join in the future unless you are formally invited by Auction123.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Auction123 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Auction123 has no control over such sites and resources, you acknowledge and agree that Auction123 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Auction123 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Auction123 or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Auction123 grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Auction123 for use in accessing the Service.
You, your employees, officers, directors, contractors, independent contractors, affiliates, and other third-parties, whether or not with your permission acknowledge that you shall neither, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Service, merge the Service into other program material, nor shall Licensee otherwise create or attempt to obtain the source code of the Software.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUCTION123 SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUCTION 123 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Auction123 may provide you with notices, including those regarding changes to the TOS, by either e-mail, regular mail, or postings on the Service.
Trademarks and service marks and other Auction123 logos and product and service names are trademarks of Auction123 (the "Auction123 Marks"). Without Auction123's prior permission, you agree not to display or use in any manner, the Auction123 Marks.
Auction123 respects the intellectual property of others, and we ask our users to do the same. It is the policy of Auction123 to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act ("DCMA") and other applicable intellectual property laws. Auction123 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Auction123's Copyright Agent the following information:
Auction123's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at [email protected]
Entire Agreement. The TOS constitute the entire agreement between you and Auction123 and govern your use of the Service, superseding any prior agreements between you and Auction123. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Auction123 services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Auction123 shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Auction123 agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward, Florida.
Waiver and Severability of Terms. The failure of Auction123 to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Auction123 account is non-transferable and any rights to your Auction123 I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of our TOS to our Customer Care group. Violations of other TOS to the respective providers involved.
By completing the registration process and by clicking on the "Submit" button you are applying to receive a Service and/or Programs. This Agreement may be executed in counterparts, each of which shall be deemed an original, and which together shall be deemed one and the same Agreement. Electronic Acceptance via the Company's website or facsimile signatures and electronic signatures will have the same legal effect as original signatures and are binding on the parties. If this Agreement is accepted electronically, by checking the "yes" button, you have agreed to be bound by all of the terms and conditions of this Agreement. Your relationship to Auction123 is one of an independent contractor and/or customer. No employee-employer relationship is created by your use of Service. You are not obligated to refer anyone to Auction123 Service. AUCTION123 IS NOT OBLIGATED TO PROVIDE ANY SERVICE AND/OR PROGRAMS OR ANY OTHER PROMOTIONS TO YOU.