PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING ALLDONEADS.COM ("the Website").
These terms and conditions were last updated Febuary 20, 2010.
Please review these terms and click the I ACCEPT link at the bottom of the page to register.
Definitions:
'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
'member' means a registered member of ALLDONEADS.com;
'services' means any one or more of the services offered by ALLDONEADS from time to time, including online auctions, classifieds, message boards, forums, sms alerts and any other service that ALLDONEADS may offer;
'we', 'us' and 'our' are a reference to ALLDONEADS.com a division of All Done Auction Co., LLC;
'you' and 'your' are a reference to you;
'website' means any ALLDONEADS website through which the services are offered;
'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction, classified, messages or forums;
'seller' includes any person placing a listing.
'Auction Listing Agreement' means a contract executed by the auctioneer and the seller which authorizes the auctioneer to conduct the auction and sets out the terms of the agreement and the rights and responsibilities of each party.
'Bid Caller/Auctioneer' The person whom the seller engages to direct, conduct, or be responsible for a sale by auction. The person who actually "calls," "cries or "auctions" the property at an auction, recognizing bidders and acknowledging the highest bidder.
'agent' person who acts for or in the place of another individual or entity by authority from them.
'lot' Item or group of items put up for sale.
'Absolute Auction' means an Auction in which real or personal property offered for Auction is sold to the highest bidder without reserve, without the requirement of competing bids of any type by the seller or agent of the seller, and where the seller may not withdraw the real or personal property from Auction once the Auction is opened and there is public solicitation or calling for bids.
'Reserve Auction' means an Auction in which the seller or seller's agent reserves the right to establish a stated minimum bid or the right to reject or accept any or all bids, or to withdraw the real or personal property at any time prior to the completion of the Auction by the Auctioneer. All Auctions are to be with reserve unless it is explicitly stated otherwise in the contract and in the terms and conditions of the Auction.
"Buyer's premium" is a percentage of high bid, add to the high bid price, paid by the buyer to help offset cost of the auction.
INTRODUCTION
Welcome to ALLDONEADS website (the "Website"), which is located on the Internet at http://www.ALLDONEADS.com, and which is owned and operated by All Done Auction Co., LLC ("ALLDONEADS", "we", "our" "us"). Please read these Terms of Use carefully before accessing or using the Website. This is a legal Agreement (the "Agreement") between you the user of the website and All Done Auction Co., LLC. This Agreement governs your usage of the "services" provided by online website "ALLDONEADS.com". 'Services' means any one or more of the services offered by ALLDONEADS from time to time, including online auctions, classifieds, message boards, forums, sms alerts and any other service that ALLDONEADS may offer. In the event of any conflict between the terms of this Agreement and any other Terms and Conditions on the ALLDONEADS site, this Agreement shall govern. If you do not agree to be bound by these Terms, you may not use this Site. These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms". They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site. We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms. These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS>
Use of this Web site constitutes acceptance of the ALLDONEADS.com Terms & Conditions. You accept and agree to be bound by the Terms & Conditions, operating rules and/or policies of ALLDONEADS.com, published by ALLDONEADS.com as described below (all such Terms & Conditions, operating rules and/or policies as they may be amended from time to time shall hereinafter be referred to as these "Terms & Conditions"). Members may be referred to as "Member," "User," "Buyer" when a Member is being described as acting as a buyer in a ALLDONEADS.com transaction, "Bidder" when a Member is being described as bidding on an asset in order to act as a potential buyer in a ALLDONEADS.com transaction, and "Seller" when a Member is acting as a seller in a ALLDONEADS.com transaction. These Terms & Conditions comprise the entire agreement between Member and ALLDONEADS.com and supersede all prior agreements between the parties, regarding the subject matter contained herein.
NOTICES
All notices shall be given:
to us, by email to admin@ALLDONEADS.com. to you, by email to the email address that you provide to us. All notices sent by email will be deemed to have been received on receipt (or, when received on a US national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.
YOUR OBLIGATIONS AND CONDUCT
You accept that you are solely responsible for ensuring that your computer system or mobile device meets all relevant technical specification necessary to use the website and that your computer system is compatible with the website.
You must not misuse our system or this website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this website, or attempt to carry out any of the foregoing.
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, without written permission. Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorized.
You must not include links to this Site in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any "link" to any page on this Site other than the home page at ALLDONEADS.com without our prior written consent.
At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that ALLDONEADS takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. ALLDONEADS gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including:
about ownership of any item;
as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
as to the accuracy or truth of listings;
that any item will meet your requirements or expectations; or
about the ability of members to complete a transaction, including credit card transactions. that any item will meet your requirements or expectations; or
Links: The Website may contain links to other web sites. ALLDONEADS is not responsible for the privacy practices of such other web sites. We encourage our users to be aware that when they leave the Website to read the privacy statements of each Website they visit. While we carefully choose the web sites to which we link, this privacy policy applies solely to information collected on the website. .
TERMINATION OF USE/DENIAL OF SERVICE
Site Owner reserves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features or hours of availability. If service from the website is impaired or interrupted for any reason whatsoever during the final four hours of an auction (including any overtime periods created through the application of dynamic bidding) the site owner may, at their sole discretion, create a future bidding period to complete an auction. We may also impose limits on certain features of the Website or restrict your access to part or the entire Website without notice or penalty. We may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason at all. Any such user who is notified and must not then attempt to use this website under any other name or through any other user.
GENERAL USE PROVISIONS
This website is provided solely as a venue (1) to introduce members who want to buy and sell personal property items; 'Services' means any one or more of the services offered by ALLDONEADS from time to time, including online auctions, classifieds, message boards, forums, sms alerts and any other service that ALLDONEADS may offer; ALLDONEADS provides a service, does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. Even though some of the services are being referred to as an auction, ALLDONEADS is not an auctioneer. ALLDONEADS.com acts as a venue for Sellers to list property(Real and Personal) and Buyers to bid on property(real and personal); The website also provides advertising/marketing services for vendors and event planners. ALLDONEADS.com is not involved in the actual transactions between Buyers and Sellers and assumes no responsibility for actions made based on information or services on ALLDONEADS.com. In the event that any parties using our Site, including Sellers, Buyers and Bidders, have a dispute, the Company (including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any way connected with such disputes. The information published on the Site may include inaccuracies or errors. While the Company strives to keep the information on the Site accurate, complete and up-to-date, the Company cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. In no event shall the Company (and our officers, directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way connected with the use of the Site, the delay or inability to use the Site, or any information or services obtained from the website. Site Owner assumes no control or liability over any issues that may arise as a result of a transaction in which another real estate professional is acting as the Listing Broker. Your registration on this site indicates your acceptance of the terms and conditions of this agreement.
NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not to resell or make any commercial use of the services provided on the Site, without the express written consent of ALLDONEADS.com. Member acknowledges that content appearing on the Site may be protected by copyrights, trademarks or other proprietary or personal rights and that applicable laws will govern the Member's use of such content. Member agrees that without the prior written consent of ALLDONEADS.com, Member shall not resell the Site, or the services provided on the Site, or use the Site for the transmission of commercial solicitations (other than an offer by Seller of Assets for sale) or for the receipt of responses to commercial solicitations (other than a Buyer's interest in purchasing Assets offered for sale through the Site) without the express written consent of ALLDONEADS.com. Member agrees not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the Site. Member agrees not to use the Site for the transmission of (or receipt of responses to) chain letters, lotteries, gambling or pyramid schemes of any kind. Member agrees not to use the Site to disseminate any message in a broad-based mailing without the prior written permission of ALLDONEADS.com. Member agrees not to forge communications or take any other action that would disguise the origin of communications Member transmits through the Site. Member agrees not to permit another person to transmit communications that falsely identifies the Member's account as the origin of such communication. Nothing herein shall limit or prevent any Buyer from re-selling any Asset purchased through the Site.
REGISTRATION AND SECURITY
Use of some portions of the Website may require registration. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. You must also choose a user name and password, in accordance with the rules set out when selecting the user name and password. It is your responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of or access of your account or any other breach of security, you shall notify ALLDONEADS immediately.
NONDISCRIMINATION
Site Owner and users agree not to discriminate unlawfully against any person because of the race, creed, color, sex, age, national origin, familial status, physical or mental handicap, or religion of such person.
SEVERABILITY
If any part of the User Agreement is found void and unenforceable, it will not affect the validity of the balance of the User Agreement, which shall remain valid and enforceable according to its terms.
DISCLAIMER
EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY ON AN "AS IS" BASIS. SITE OWNER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE REAL ESTATE YOU ARE BIDDING ON IS SUFFICIENT FOR YOUR PURPOSES. ALL DONE AUCTION CO., LLC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY AND SUITABILITY OF THE REAL ESTATE, OR THE ACCURACY, OR COMPLETENESS OF ANY OF THE INFORMATION RELATIVE TO PROPERTIES OFFERED ON THIS WEBSITE BY SELLERS THROUGH THEIR REAL ESTATE BROKERS. ALL DONE AUCTION CO, LLC RESERVES THE SOLE RIGHT TO CHANGE THE RULES AND REGULATIONS GOVERNING THIS WEBSITE AT ANY TIME.
|
