Terms of Service:
The following terms and conditions govern all use of the
AuctionMemory.com website and all content, services and products
available at or through the website. The Website is owned and
operated by HighTechMarketing.com LLC. ("HighTechMarketing"). The
Website is offered subject to your acceptance without modification
of all of the terms and conditions contained herein and all other
operating rules, policies (including, without limitation,
HighTechMarketing's Privacy
Policy) and procedures that may be published from time to time
on this Site by HighTechMarketing (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using
the Website. By accessing or using any part of the web site, you
agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this
agreement, then you may not access the Website or use any services.
If these terms and conditions are considered an offer by
HighTechMarketing, acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 13
years old.
- Your AuctionMemory.com Account.
HighTechMarketing assumes no liability for the accuracy or
results of any searches conducted through the site, nor
information displayed by the site.
- Copyright Infringement and DMCA Policy. As
HighTechMarketing asks others to respect its intellectual
property rights, it respects the intellectual property rights of
others.
- Intellectual Property. This Agreement does
not transfer from HighTechMarketing to you any HighTechMarketing
or third party intellectual property, and all right, title and
interest in and to such property will remain (as between the
parties) solely with HighTechMarketing. HighTechMarketing,
AuctionMemory.com, the AuctionMemory.com logo, and all other
trademarks, service marks, graphics and logos used in connection
with AuctionMemory.com, or the Website are trademarks or
registered trademarks of HighTechMarketing or
HighTechMarketing's licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be
the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any
HighTechMarketing or third-party trademarks.
- Changes. HighTechMarketing reserves the
right, at its sole discretion, to modify or replace any part of
this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or
access to the Website following the posting of any changes to
this Agreement constitutes acceptance of those changes.
HighTechMarketing may also, in the future, offer new services
and/or features through the Website (including, the release of
new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. HighTechMarketing may
terminate your access to all or any part of the Website at any
time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your
AuctionMemory.com account (if you have one), you may simply
discontinue using the Website. All provisions of this Agreement
which by their nature should survive termination shall survive
termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of
liability.
- Disclaimer of Warranties.
The Website is provided "as is". HighTechMarketing and its
suppliers and licensors hereby disclaim all warranties of any
kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose
and non-infringement. Neither HighTechMarketing nor its
suppliers and licensors, makes any warranty that the Website
will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or
otherwise obtain content or services through, the Website at
your own discretion and risk.
- Limitation of Liability.
In no event will HighTechMarketing, or its suppliers or
licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or
other legal or equitable theory for: (i) any special, incidental
or consequential damages; (ii) the cost of procurement or
substitute products or services; (iii) for interruption of use
or loss or corruption of data. HighTechMarketing shall have no
liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent
prohibited by applicable law.
- General Representation and Warranty. You
represent and warrant that (i) your use of the Website will be
in strict accordance with the HighTechMarketing Privacy Policy,
with this Agreement and with all applicable laws and regulations
(including without limitation any local laws or regulations in
your country, state, city, or other governmental area, regarding
online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside) and (ii) your use of the Website will not infringe or
misappropriate the intellectual property rights of any third
party.
- Indemnification. You agree to indemnify and
hold harmless HighTechMarketing, its contractors, and its
licensors, and their respective directors, officers, employees
and agents from and against any and all claims and expenses,
including attorneys' fees, arising out of your use of the
Website, including but not limited to out of your violation this
Agreement.
- Miscellaneous. This Agreement constitutes
the entire agreement between HighTechMarketing and you
concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized
executive of HighTechMarketing, or by the posting by
HighTechMarketing of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any
access to or use of the Website will be governed by the laws of
the state of New Hampshire, U.S.A., excluding its conflict of
law provisions, and the proper venue for any disputes arising
out of or relating to any of the same will be the state and
federal courts located in Hillsborough County, NH. Except for
claims for injunctive or equitable relief or claims regarding
intellectual property rights (which may be brought in any
competent court without the posting of a bond), any dispute
arising under this Agreement shall be finally settled in
accordance with the Comprehensive Arbitration Rules of the
Judicial Arbitration and Mediation Service, Inc. ("JAMS") by
three arbitrators appointed in accordance with such Rules. The
arbitration shall take place in Manchester, NH, in the English
language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this
Agreement shall be entitled to costs and attorneys' fees. If any
part of this Agreement is held invalid or unenforceable, that
part will be construed to reflect the parties' original intent,
and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not
waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party
that consents to, and agrees to be bound by, its terms and
conditions; HighTechMarketing may assign its rights under this
Agreement without condition. This Agreement will be binding upon
and will inure to the benefit of the parties, their successors
and permitted assigns.
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