TERMS AND CONDITIONS OF SERVICE
Terms and Conditions
CUAuctions ("CUAuctions") provides this Terms and Conditions of Service agreement to you as a user of a CUAuctions' website. By using a CUAuctions' website, you are indicating your willingness to be bound by all of the terms in this agreement. If you do not wish to be bound by this agreement, do not use a CUAuctions' website.
We may change the terms and conditions of this agreement at any time and without prior notice to you, but such changes will be effective only when they are posted to this site. You agree to be bound by all of the terms of this and all future agreements, as long as you use a CUAuctions' website.
Members may only maintain one active registration with CUAuctions. By accepting this agreement, you certify that you have no other registration with CUAuctions.
CUAuctions reserves the right to modify or discontinue any or all CUAuctions' websites at any time without notice to you.
You agree to use all CUAuctions' websites for lawful purposes only. You may not use, or allow others to use, your CUAuctions membership, either directly or indirectly, to:
- Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing or defamatory;
- Post or transmit any matter that you do not have a right to transmit under law (such as copyright) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Harass or threaten any Member of CUAuctions or any other person or entity;
- Harm minors in any way;
- Post, transmit, promote, link to or facilitate the distribution of any content that can be construed as libel, slander, harassment, hate speech, obscenity, pornography or cruelty to animals;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including the forging of headers or other manipulation of identifiers in order to disguise the origin of any content;
- Post, transmit or facilitate the transmission of statements that are intentionally false or misleading;
- Post, transmit or facilitate the transmission of chain letters or pyramid schemes;
- Post, transmit or facilitate the transmission of any unsolicited advertising, promotional materials or other forms of solicitation;
- Offer, sell or purchase any registered or unregistered securities;
- Violate any software license agreement;
- Violate any applicable local, state, national, international or foreign law or regulation;
- Post or otherwise transmit software viruses or other computer code, files or programs designed to inhibit the functionality of computer software, hardware, or telecommunications equipment;
- Collect or store personal data about other users;
- Engage in unapproved commercial activity;
- Send unsolicited email ("spam")
You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your membership and password. Please don't ever disclose your password to anyone. You agree that CUAuctions may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating any of the above provisions.
Member Provided Content
You understand that all information, text, messages, articles and any other material provided by Members ("Member Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Member Content originated. This means that you, not CUAuctions, are entirely responsible for the content you upload, post or otherwise transmit. CUAuctions does not control the Member Content that is posted and therefore does not guarantee the accuracy or integrity of the Member Content. In addition, you acknowledge that you may be exposed to content that is offensive or objectionable to you.
CUAuctions' Rights Regarding Member Content
CUAuctions does not claim ownership of the Member Content you place on any CUAuctions' website. By placing content on a CUAuctions' website you grant CUAuctions an unlimited license to republish, reproduce, modify and adapt the Member Content for the purpose of administering and promoting CUAuctions or any CUAuctions' website. CUAuctions will only republish such posts in context, and will not republish them for advertising purposes without your permission.
While CUAuctions does not and cannot review all transmissions by Members in the forum, you acknowledge that CUAuctions reserves the right to, and may from time to time, monitor any and all information transmitted or received through any CUAuctions' website. CUAuctions, at its sole discretion and without further notice to you, may review, remove or prohibit the transmission or receipt of any information which CUAuctions deems inappropriate or that violates any term or condition of this agreement.
To see CUAuctions' notice and take down procedure for copyright violations, click here
CUAuctions Content is defined as any information, data, text, messages, articles, software, photos, video, graphics, music, sounds and any other material or services that is found on any CUAuctions' website, excluding Member Provided Content. By accepting this agreement, you agree that all CUAuctions Content is the sole property of CUAuctions and may not be reproduced without prior written consent of CUAuctions. All CUAuctions Content herein is protected under US and international copyright, trademark and other laws and is intended for the personal use only of the Members. You may not modify, publish, retransmit, participate in the transfer or sale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any of the CUAuctions Content in any way, except that you may make one copy for your personal use.
CUAuctions or other parties or Members may provide links to other Internet sites or resources. You acknowledge that CUAuctions is not responsible for the availability of, and does not endorse or assume responsibility for, any content, products or other materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites.
You acknowledge that CUAuctions has the right to advertise and post promotions on any CUAuctions' website. You acknowledge that you may not advertise or post promotions on any CUAuctions' website without express permission from CUAuctions.
You agree to indemnify, defend and hold harmless CUAuctions from and against any claim, liability, cost, damage or loss it may incur (including, without limitation, attorneys fees) as a result of (i) your use of Member Content or CUAuctions Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this agreement; and (iv) any violation by you of the rights of others; (v) your use of products purchased or promoted on this site.
You agree that you will not display or use the CUAuctions trademarks in any manner whatsoever without the prior written permission of CUAuctions.
No Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes the service provided by the any CUAuctions' website or its use or access.
Practices Regarding Use and Storage of Data
CUAuctions may place limits on the use and storage of data on our site. For example, CUAuctions may limit the length of time that messages or postings can remain on the site, or set limits regarding maximum or minimum levels of activity. You agree that CUAuctions will not be responsible or liable for the deletion of messages, postings or content on any CUAuctions' website, and agree that CUAuctions reserves the right to terminate accounts that are inactive for an extended period of time without notice. CUAuctions reserves the right to change our practices regarding the use and storage of data on any CUAuctions' website at anytime without notice to users.
Disclaimer of Warranties
You acknowledge that CUAuctions expressly disclaims all warranties of any kind, whether express or implied, regarding the completeness, accuracy, non-infringement, merchantability or fitness of the content found herein for any particular purpose, including any and all warranties of any kind for products purchased or promoted on CUAuctions. You agree that CUAuctions will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of any CUAuctions' website or products purchased or promoted through CUAuctions. This includes, but is not limited to, loss or injury caused in whole or in part by contingencies beyond CUAuctions' control in procuring, compiling, interpreting, reporting or delivering any portion of a CUAuctions' website.
All information provided on a CUAuctions' website is to be used on an "as is, with all faults" basis. CUAuctions makes no claims or representations with regard to the accuracy, completeness or truth of any material contained herein. Further, CUAuctions makes no warranty that service will be uninterrupted, timely, secure or error-free, or that the quality of any services, information, or other material will meet your expectations.
Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.
DISCLAIMER OF LIABILITY
You acknowledge that CUAuctions will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages based in tort, personal injury or strict liability causes of action, damages for loss of profits, goodwill, use, data or other intangible losses (even if CUAuctions has been advised of the possibility of such damages), resulting from or related to the use or inability to use any CUAuctions' website or products purchased or promoted through CUAuctions. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.
If any provision in this Agreement is invalid or unenforceable under applicable law, it will be enforced to the furthest extent possible and the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of South Carolina (except with respect to choice of law), as if the Agreement were a contract wholly entered into and wholly performed in Richland County, South Carolina. Any dispute, controversy or claim arising out of or relating to this Agreement will be resolved exclusively in the federal or state courts located in Columbia, SC and you hereby consent to the jurisdiction and venue of such courts.
BY USING ANY CUAUCTIONS' WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
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