BY USING ANY OF THE SERVICES OFFERED, YOU AGREE TO THE FOLLOWING TERMS:
This site is a system where buyers, sellers, and merchants can establish contact and exchange information. All users are completely and exclusively responsible for the legality of the subject matter and means of each actual transaction, including what is being sold or purchased, who the parties to the transaction are, and their legal ability to engage in the transaction. Sellers are advised to verify the identity of every buyer and any transfer dealers involved. Sellers should protect their goods with shipping insurance and take pictures of them before it is shipped out. Both parties are advised to save all communications and retain your records. (Pasco Auctions) is not and will not be involved in any actual transactions of merchandise between Buyers and Sellers.
By using (Pasco Auctions), any of its subdomains, or any other website on which a link to this agreement appears, you agree to the following terms with (Pasco Auctions), and its affiliated companies (Pasco Auctions) regarding the use of (Pasco Auctions) and the services offered on (Pasco Auctions). Before being permitted to act as a registered user of (Pasco Auctions), you must read and accept all of the terms in, and linked to, this (Pasco Auctions) User Agreement. By accepting this (Pasco Auctions) User Agreement, you agree that this Agreement, as well as the linked documents, made a part of this Agreement such as the Privacy Policy and (Pasco Auctions) Rules, will apply whenever you use (Pasco Auctions) and its related services. Some (Pasco Auctions) websites may have additional or other terms that we provide to you when you use those sites. Additional (Pasco Auctions) general terms and conditions which are incorporated herein by reference, and which are binding on you can be found here.
As used in this Agreement, means both (a) the individual now registering as a user of (Pasco Auctions) or the existing user of the (Pasco Auctions) now agreeing to this (Pasco Auctions) User Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entity specified by you upon registration. You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.
Your Liability to Us
INDEMNIFICATION: YOU SHALL INDEMNIFY, DEFEND AND HOLD (PASCO AUCTIONS), ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY (PASCO AUCTIONS) PARTIES?) HARMLESS AND INDEMNIFY THEM FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, AND FEES AND EXPENSES RELATED THERETO (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES), INCURRED BY A (PASCO AUCTIONS) PARTY IN CONNECTION WITH ANY CLAIMS ARISING OUT OF, BASED UPON OR RESULTING FROM ANY OF THE FOLLOWING, WHETHER BY YOU OR BY A THIRD PARTY USING YOUR LOG-IN: (A) ANY BREACH OR VIOLATION OF THIS AGREEMENT, (B) ANY USE OF (PASCO AUCTIONS), (C) A DISPUTE WITH ANOTHER USER (EXCEPT FOR MONIES RECEIVED BY YOU UNDER OUR BUYERS PROTECTION PROGRAM), (D) ANY VIOLATION OF ANY APPLICABLE LAW OR REGULATION GOVERNING YOUR ACTIVITIES ON OR OFF OF (PASCO AUCTIONS), (E) ANY FALSE, OR INACCURATE REPRESENTATION OF ANY NATURE MADE BY YOU, OR (F) THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
Our Limits of Liability
DISCLAIMER OF WARRANTIES. YOU AGREE THAT THE USE OF (PASCO AUCTIONS) AND THE SERVICES ON (PASCO AUCTIONS) ARE ENTIRELY AT YOUR OWN RISK. (PASCO AUCTIONS) AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH (PASCO AUCTIONS), ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT (PASCO AUCTIONS) OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
We Make No Endorsement or Warranty Regarding Any Items Posted On (Pasco Auctions) Or Any Transaction Entered into Through (Pasco Auctions). No Advice or Information, Whether Oral or Written, Obtained by You from Us or Through (Pasco Auctions) Shall Create Any Warranty Not Expressly Made Herein. We Expressly Disclaim Any Responsibility for Any Misrepresentations or Breaches Committed by Any User Of (Pasco Auctions).
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF (Pasco Auctions), ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY (Pasco Auctions) PARTIES?) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE (Pasco Auctions) OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT, AND FUNCTIONS THEREOF, WHETHER GENERATED BY (Pasco Auctions), BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO (Pasco Auctions) (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE (Pasco Auctions) PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF (Pasco Auctions) SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
Your Representations to Us
Eligibility and Accuracy of Information. By registering for an account or using (Pasco Auctions), you represent that you are at least 19 years of age, and of the age of legal majority in your state or country of residence, if older than 19. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use (Pasco Auctions). You agree that you will not allow others to use your account, nor will you use your account or (Pasco Auctions) on an outsourcing basis or on behalf of third parties. By registering for an account or using (Pasco Auctions), you represent that you have read these terms and conditions and those separate terms referred to herein, that you agree to be bound by the same, and that you verify and affirm the truth and accuracy of all information provided by you to (Pasco Auctions).
(Pasco Auctions) Rules. In addition to the terms and conditions of this Agreement, your use of (Pasco Auctions) is conditioned upon your compliance with certain rules governing selling and buying on (Pasco Auctions), password maintenance, postings, and conduct on (Pasco Auctions), and other matters. These rules, the majority of which are available here but may also be found elsewhere as applicable on (Pasco Auctions) ("(Pasco Auctions) Rules?), are hereby incorporated into this Agreement in their entirety.
Termination and Suspension. We agree to provide you access to (Pasco Auctions) and the services available on (Pasco Auctions) only as authorized in this Agreement and (Pasco Auctions) Rules. We reserve the right to reject your user registration by disabling your registered account. Even after acceptance, we may terminate or suspend your account and ability to use (Pasco Auctions) in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users’ legal liability, harm, or loss, we reserve the right to notify other users of your actions.
Governing Law, Dispute Resolution in (Arizona) and Other Terms
1. International Users; Choice of Law. (Pasco Auctions) is controlled, operated, and administered by (Pasco Auctions), which is based within the State of Your State) in the United States. We make no representation that functions or information found at (Pasco Auctions) are appropriate or available for use at other locations outside of the United States. Access to (Pasco Auctions) from territories where their function or content is illegal is prohibited. You may not use (Pasco Auctions) or export the information found on or at (Pasco Auctions) in violation of U.S. or other export laws and regulations. If you access (Pasco Auctions) from a location outside of the U.S., you are responsible for compliance with all laws applicable to you, but this contract prohibits your acceptance of services of (Pasco Auctions). This Agreement, all matters arising from or relating to your use of (Pasco Auctions), and any and all claims arising out of your relationship with the (Pasco Auctions) Parties shall be governed by and in accordance with the laws of the State of (Arizona).
2. Dispute Resolution; Attorney’s Fees.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (Pasco Auctions) SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF (United), STATE OF (Arizona), UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON (Pasco Auctions). FOR AND IN CONSIDERATION OF THE PREMISES, THE USER EXPRESSLY WAIVES THE RIGHT TO TRIAL BY JURY. Notwithstanding the foregoing, (Pasco Auctions) reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending the resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. You may not bring any action arising out of this User Agreement or your use of the Website or the Services, regardless of form or the basis of the claim, more than two (2) years after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, (Pasco Auctions) shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
3. Notices. Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at http://PascoAuctions.com/Support/ or by mail to (Pasco Auctions), or, in the case notices, we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.
4. Electronic Execution. Your electronic acceptance of this Agreement on the website on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You consent and agree to the admissibility of all computer records and electronic evidence of the (Pasco Auctions) in any dispute under this Agreement.
5. Independent Contractors. You and (Pasco Auctions) are independent contractors. No other relationship of any nature is intended or created by this Agreement the existence of the following relationships is expressly disavowed, to wot, agency relationship, partnership, joint venture, employer-employee relationship, or franchisor-franchisee.
6. Additional General Provisions. The failure by either party to exercise or enforce any rights or provisions of this Agreement including (Pasco Auctions) Rules or other documents incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual Services, which are either incorporated herein by specific reference or posted on (Pasco Auctions) from time to time, comprises the entire agreement between you and (Pasco Auctions)and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for (Pasco Auctions). If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of (Pasco Auctions), its affiliates, and you, and shall not be construed for the benefit of any third party.