Last Revised January 8, 2008
1. Your Acceptance of Terms.
Your use of the Site is at your sole risk. The Site, and its content, are delivered on an "as is" and "as available" basis. Post-Auction Services, and it’s owner, heretofore known jointly as the "Post-Auction Services," makes no warranty that the Site or any related services, such as, but not limited to; email, or links; or that searches offered on the Site will be error-free, uninterrupted, timely, secure; or that it will provide or produce and specific results from use of the Site or any content, search or link therein.
Any material viewed, downloaded, or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and the Post-Auction Services will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.
The Site is directed solely to individuals residing in the United States. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
3. Contract Modification.
4. Disclaimer of Warranties.
THE SITE, AND ANY PRODUCT, INFORMATION, OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POST_AUCTION SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR WEB SITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
POST-AUCTION SERVICES AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF THIS SITE OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
5. Content Contributions.
Should Post-Auction Services provide users with the opportunity to contribute to the Site. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on the Site (collectively, the "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not the Post-Auction Services, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site.
6. License to User Content.
7. Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our the Site should be sent via the means provided on the Site. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be penalties for false claims under the DMCA.
8. Derivative Works / Profiteering.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
9. Rejection of application.
Post-Auction Services shall have the right, in its sole discretion, to reject any request to use of the Site at any time and for any reason. Post-Auction Services shall not be liable for damages of any sort resulting from its decision to reject such a request.
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Post-Auction Services reserves the right to release your details to any law enforcement agencies, and system administrators at other sites in order to assist them in resolving security incidents.
13. Third-Party Sites.
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of the Post-Auction Services, and you acknowledge that (whether or not such sites are affiliated in any way with the Post-Auction Services) the Post-Auction Services is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by the Post-Auction Services or any association with its operators.
The Post-Auction Services cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Site. The Post-Auction Services does not endorse any of the merchandise, nor has The Post-Auction Services taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. The Post-Auction Services does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. You are encouraged to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
16. Limitation of Liability.
Some states do not allow limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
You acknowledge that your breach of service/license restrictions contained herein may cause irreparable harm to the Site or the Post-Auction Services, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies the Post-Auction Services may be legally entitled the Post-Auction Services shall have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents.
To the maximum extent possible, each provision in this agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this agreement.
21. Governing Law and Jurisdiction.
22. Entire Agreement.
This agreement shall constitute the entire agreement between you and the Post-Auction Services regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.