TERMS AND CONDITIONS
OF USE
We have taken every effort to design our Web site to be
useful, informative, helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know if you’d
like to see improvements or changes that would make it even easier for
you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using our
site you automatically agree to them. Naturally, if you don’t agree,
please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please continue to
check these terms to see what those changes may be! Your continued use
of the AuctionPlatinum.com Web site means that you accept those
changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the AuctionPlatinum.com site, including,
without limitation, text, software, names, logos, trademarks, service
marks, trade names, images, photos, illustrations, audio clips, video
clips, and music are copyrighted intellectual property. All usage rights
are owned and controlled by AuctionPlatinum.com. You, the visitor, may
download Online Materials for non-commercial, personal use only
provided you 1) retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials, 3) you do not use the
materials in a manner that suggests an association with any of our
products, services, events or brands, and 4) you do not download
quantities of materials to a database, server, or personal computer
for reuse for commercial purposes. You may not, however, copy,
reproduce, republish, upload, post, transmit or distribute Online
Materials in any way or for any other purpose unless you get our
written permission first. Neither may you add, delete, distort or
misrepresent any content on the AuctionPlatinum.com site. Any attempts
to modify any Online Material, or to defeat or circumvent our security
features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data
accompanying it, is considered licensed to you by AuctionPlatinum.com
or third-party licensors for your personal, non-commercial home use
only. We do not transfer title of the software to you. That means that
we retain full and complete title to the software and to all of the
associated intellectual-property rights. You’re not allowed to
redistribute or sell the material or to reverse-engineer, disassemble
or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to AuctionPlatinum.com through our site
(other than information we promise to protect under our privacy policy
becomes and remains our property, even if this agreement is later
terminated.
That means that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If we use
them, or anything like them, we don’t have to pay you or anyone else
for them. We will have the exclusive ownership of all present and
future rights to submissions of any kind. We can use them for any
purpose we deem appropriate to our AuctionPlatinum.com mission,
without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you
make. This means that you (and not we) have full responsibility for
the message, including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
AuctionPlatinum.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY
ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR
DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS
OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL
DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR
"CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES,
THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT
YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE
DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE
CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED
UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU
PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web
sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at
sites you can access through our site. If in doubt, always check the
Uniform Resource Locator (URL) address provided in your WWW browser to
see if you are still in a AuctionPlatinum.com-operated site or have
moved to another site. AuctionPlatinum.com is not responsible for the
content or practices of third party sites that may be linked to our
site. When AuctionPlatinum.com provides links or references to other
Web sites, no inference or assumption should be made and no
representation should be inferred that AuctionPlatinum.com is
connected with, operates or controls these Web sites. Any approved
link must not represent in any way, either explicitly or by
implication, that you have received the endorsement, sponsorship or
support of any AuctionPlatinum.com site or endorsement, sponsorship or
support of AuctionPlatinum.com, including its respective employees,
agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You
may terminate this agreement at any time, by destroying all materials
obtained from all AuctionPlatinum.com Web site, along with all related
documentation and all copies and installations. AuctionPlatinum.com
may terminate this agreement at any time and without notice to you,
if, in its sole judgment, you breach any term or condition of this
agreement. Upon termination, you must destroy all materials. In
addition, by providing material on our Web site, we do not in any way
promise that the materials will remain available to you. And
AuctionPlatinum.com is entitled to terminate all or any part of any of
its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you
are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the North Carolina, as it is applied to
agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated or threatened to
violate AuctionPlatinum.com and/or its affiliates' intellectual
property rights, AuctionPlatinum.com and/or its affiliates may seek
injunctive or other appropriate relief in any state or federal court
in the State of North Carolina, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Moore County. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to binding
arbitration at the following location: Moore County, under the rules
of the American Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court with
jurisdiction to do so.
AuctionPlatinum.com may modify these Terms of Use, and the
agreement they create, at any time, simply by updating this posting
and without notice to you. This is the ENTIRE agreement regarding all
the matters that have been discussed.