|
Read This Terms of Use Agreement Before
Accessing Website.
Effective Date: This Terms of Use Agreement
was last updated on 5/7/08.
This Terms of Use Agreement sets forth the
standards of use of the WebAuctionsDaily.com Online Service. By using
the WebAuctionsDaily.com website you (the “user”) agree to these terms
and conditions. If you do not agree to the terms and conditions of
this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or
update the terms and conditions of this agreement without prior
notice. Modifications shall become
effective immediately upon being posted at WebAuctionsDaily.com
website. Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1.
Description of Service
WebAuctionsDaily.com
is providing a website that lists various auctions from a variety of
different websites.
Member must provide (1)
all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for Member’s access to
the Internet, and (3) pay any fees relate with such connection.
2.
Disclaimer of Warranties.
The site is
provided by WebAuctionsDaily.com on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law,
WebAuctionsDaily.com makes no representations or warranties of any kind,
express or implied, regarding the use or the results of this web
site in terms of its correctness, accuracy, reliability, or
otherwise. WebAuctionsDaily.com shall have no liability for any
interruptions in the use of this Website. WebAuctionsDaily.com
disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for
a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3.
Limitation of Liability
WebAuctionsDaily.com SHALL NOT
be liable for
any damages whatsoever, and in particular WebAuctionsDaily.com shall not
be liable for any special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of revenue, or loss of
use, arising out of or related to this web site or the information
contained in it, whether such damages arise in contract, negligence,
tort, under statute, in equity, at law, or otherwise, even if
WebAuctionsDaily.com has been advised of the possibility of such
damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member agrees to indemnify and hold
WebAuctionsDaily.com, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to
or arising out of Member’s use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service
using Member’s computer, of any intellectual property or any other
right of any person or entity.
5.
Modifications and Interruption to Service
WebAuctionsDaily.com reserves the right to modify
or discontinue the Service with or without notice to the Member.
WebAuctionsDaily.com shall not be liable to Member or any third party
should WebAuctionsDaily.com exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that
WebAuctionsDaily.com
does not guarantee continuous, uninterrupted or secure access to our
website and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances outside of
our control.
6.
Third-Party Sites
Our website may include links to other sites on
the Internet that are owned and operated by online merchants and
other third parties. You acknowledge that we are not responsible
for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your use
of those third-party sites is subject to the terms of use and
privacy policies of each site, and we are not responsible therein.
We encourage all Members to review said privacy policies of
third-parties’ sites.
7.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information
have either been provided by the Vendors or collected from publicly
available sources. While WebAuctionsDaily.com makes every effort to
ensure that the information on this website is accurate, we can make
no representations or warranties as to the accuracy or reliability
of any information provided on this website.
WebAuctionsDaily.com makes no warranties or
representations whatsoever with regard to any product provided or
offered by any Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor shall be at
your own risk.
8.
Governing Jurisdiction of the Courts Iowa
Our website is operated and provided in the
State of Iowa. As such, we are subject to the laws of the State
Iowa, and such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no representation that
our website or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose to access
our site you agree to do so subject to the internal laws of the
State Iowa.
9.
Compliance with Laws.
Member assumes all knowledge of applicable law
and is responsible for compliance with any such laws. Member may
not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government
requirements. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable
local, state, national, or international law or regulation.
10.
Copyright and Trademark Information
All content included or available on this site,
including site design, text, graphics, interfaces, and the selection
and arrangements thereof is ©2008 WebAuctionsDaily.com, with all rights
reserved, or is the property of WebAuctionsDaily.com and/or third
parties protected by intellectual property rights. Any use of
materials on the website, including reproduction for purposes other
than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an
authorized officer of WebAuctionsDaily.com is strictly prohibited.
Members agree that they will not use any robot, spider, or other
automatic device, or manual process to monitor or copy our web pages
or the content contained therein without prior written permission of
an authorized officer of WebAuctionsDaily.com
11.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright
Revision Act, as enacted through the Digital Millennium Copyright
Act, WebAuctionsDaily.com designates the following individual as its
agent for receipt of notifications of claimed copyright
infringement.
By Email:
click here
12.
Other Terms
If any provision of this Terms of Use Agreement
shall be unlawful, void or unenforceable for any reason, the other
provisions (and any partially-enforceable provision) shall not be
affected thereby and shall remain valid and enforceable to the
maximum possible extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be assigned by
WebAuctionsDaily.com in our sole discretion, to a third party in the
event of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other
written agreement between us in relation to your participation as a
Member. Member agrees that by accepting this Terms of Use
Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in
our Privacy Policy Statement.
|