Terms & Conditions

Use of this website assumes that you fully accept and agree to the Terms and Conditions set forth in this document. These Terms & Conditions also state that by signing up, you are certifying you have read, understand and agree to our Terms & Conditions as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here.

AuctionMonitor.net reserves the right, in its sole discretion, to change its Terms & Conditions at any time, for any reason, without notice. We also reserve the right, in our sole discretion, to discontinue this service at any time for any reason. If you breach any of these Terms of Use your right to use this Site will terminate automatically.

Security

Each user is personally responsible for maintaining the security of his or her account. A user should not share his or her account information and is responsible for keeping his or her password confidential. AuctionMonitor.net is not liable for any losses incurred through the access of your account by a third party or the disclosure of your password or account.

Cancellation of Account

There is no way to cancel an account. If a user no longer wishes to remain a part of this site, they should cease to access their account.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. AuctionMonitor.net MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. AuctionMonitor.net EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY AuctionMonitor.net, AND THE CONTENT. AuctionMonitor.net DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. AuctionMonitor.net DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED "WITH ALL FAULTS," ON AN "AS IS" AND "AS AVAILABLE" BASIS.

LIMITATION OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AuctionMonitor.net WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL AuctionMonitor.net BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF AuctionMonitor.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

General Provisions

(a) Enforcement/ Choice of Law/ Choice of Forum. Every provision of these Terms and Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms and Conditions, the Site, your use thereof, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the state of California, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in the state of California, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

(b) Entire Agreement/No Waiver. These Terms and Conditions and the Privacy Policy incorporated herein by reference constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by AuctionMonitor.net of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

(c) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. AuctionMonitor.net reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. AuctionMonitor.net does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Date of Last Modification: January 31, 2006