PROPERTYROOM.COMTM USER AGREEMENT FOR PropertyRoom.comTM WEBSITE
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ACCEPTANCE OF TERMS
Your use of the PropertyRoom.comTM website, operating under the name
"PropertyRoom.comTM " (this "Website"), and all information, products
and services on this Website (collectively, the "Services") are subject to
and governed by the terms and conditions set forth below, or incorporated herein
by reference ( the "Terms"), which constitute a binding legal obligation
between you and PropertyRoom.comTM. BY ACCESSING THIS WEBSITE AND CLICKING
THE "I ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO EACH
OF THE TERMS AND CONDITIONS SET FORTH BELOW, OR INCORPORATED HEREIN BY REFERENCE.
IF YOU DO NOT AGREE WITH THESE TERMS OR CONDITIONS, YOU ARE NOT AUTHORIZED TO USE
THE SERVICES OR TO CONTINUE TO ACCESS THE WEBSITE FOR ANY PURPOSE.
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AMENDMENTS TO THE USER AGREEMENT
You understand that we may amend this User Agreement from time to time without notice
to you by posting the changes on this Website. The amended User Agreement will automatically
be effective thirty days after changes are first posted on this Website. IN THE
EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DISCONTINUE ACCESS TO OR USE OF
THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
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REGISTERED USERS
The Services offered on this Website are available only to entities and to individuals
who accept the terms and conditions hereof and who can form legally binding contracts
under applicable law. Without limiting the foregoing, the Services are not available
to minors. You must be 18 years of age or older in order to participate in the bidding process.
We may refuse any or all of the Services to anyone at any time, in our
sole discretion. When you sign up, you will select a user name and a password so
that you can access your account with us. You agree that you will keep this information
confidential. You are solely responsible for activities regarding your account and
password. You agree to log off of the Services at the end of each session to prevent
fraud on your account by third parties. If you think there has been unauthorized
use of your account or password, you agree to immediately notify PropertyRoom.comTM
and cooperate with us to resolve the issue. You understand that if you do not follow
the terms of this paragraph, we may suspend or terminate your use of this Site.
You understand that we are not responsible in any way, and will not be liable to
you or to any third person, if you do not comply with the terms of this paragraph.
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SALES POLICIES & TAXES
All of the policies and terms described in our website www.propertyroom.com, including without limitation the shipping
policy and the refund policy, are expressly incorporated herein. All costs and taxes
are quoted in US dollars. You must pay all applicable taxes on purchases made by
you on this Website. We may in our sole discretion add, delete or change some or
all of the Services at any time without notice. Any new or changed features or Services
that we put on this Website will be subject to the terms and conditions of this
User Agreement.
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PROPERTYROOM.COMTM FACILITATES AUCTIONS
PropertyRoom.com'sTM Internet site, PropertyRoom.com, is a public meeting
place where persons can sell and buy property. Our Website is primarily a venue
for law enforcement and other government agencies to conduct auctions and bidders
to bid on auctions. Unless otherwise expressly stated by PropertyRoom.comTM,
PropertyRoom.comTM is involved only as a facilitator and agent in the
transaction between buyers and sellers. As a result we have limited control over
the items put up for auction, including without limitation, control with respect
to quality, safety or legality of items for sale, truth or accuracy of listing for
sale items, or the ability of buyer(s) to engage in any transaction over this Website.
We cannot and do not control whether buyers will complete the purchase or sale of
items upon which they have bid. Because user authentication on the Internet is difficult
and many times impossible, PropertyRoom.comTM cannot and does not confirm
that each user is who he or she claims to be.
You release PropertyRoom.comTM and our agents and employees from losses,
expenses, claims, demands and damages, actual and consequential, of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with or arising from: (1) any information
or content placed on our Website by you, any seller, buyer or other user, (2) any
dispute you may have with any seller, buyer or other user of our Website, and (3)
any use or disclosure of all or any of Your Information to any third party by any
seller, buyer, or other user of this Website. It is the buyer's responsibility,
and it is not the responsibility of PropertyRoom, to have knowledge of, obey, or
comply with any applicable federal, state or local laws and regulations regarding
transportation, handling, storage, purchasing, possession, use, misuse or ownership
of the items sold on our website. If you are a California resident, you waive California
Civil Code §1542, which says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement
with the debtor."
In the event PropertyRoom.comTM makes an error, a return can be requested.
PropertyRoom.comTM reserves the right to make minor repair and/or adjustments
to an item to meet the original item description. All communications related to
any transaction must be directed to PropertyRoom.comTM and not the manufacturer
of the item. The following items are not returnable under any circumstances: (1)
Any item with a condition rating of “Fair” or lower, (2) Trading/Sports cards, coins
and other “loose” collectables, and (3) All listings marked as “Untested”.
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BIDDING AND BUYING
In order to bid on an auction item, you must have a valid credit card on file. At
the conclusion of each auction, the winning bid amount plus all additional charges
(tax, handling, shipping, etc), will be automatically charged to the winning bidder's
credit card. If the charge is declined for any reason, the winning bidder may be
charged a fee of $15.00 per occurrence. In addition, PropertyRoom.com, in its sole
discretion, may suspend or terminate the account of any bidder who violates this
policy. PropertyRoom.com may also withhold shipment of any item to you until you
have paid in full, including fees, for all of your items currently in process.
If you are the highest bidder when an auction ends and your bid is equal to or more
than the minimum bid price (or in the case of reserve auctions, at or above the
reserve price), and your if bid is then accepted by the seller or PropertyRoom.comTM
acting on the seller’s behalf, you are legally obligated to complete the transaction
unless the transaction is prohibited by law. By bidding on an item you agree to
be bound by the conditions of sale included in the item's description or related
thereto so long as those conditions of sale are not in violation of this User Agreement
or unlawful. At any time, the seller or PropertyRoom.comTMmay cancel
any bid made by you. You may not revoke a bid, except in exceptional circumstances
such as the seller materially changing the description of the item after your bid,
or clear typographical errors. You may not bid in a way that pulls other bidders
to their maximum bid, or retract the high bid, and then rebid at a small increment
above the legitimate high bidder, which is a form of bid manipulation. Without limiting
any other remedies, PropertyRoom.comTM may suspend or terminate your
account and any or all of your bids if you are found by conviction, settlement,
insurance investigation, or otherwise, to have engaged in fraudulent activity in
connection with our Website. We will also report fraudulent activity to the selling
police department.
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YOUR INFORMATION
All information you provide to us about yourself during the registration process
or through any other feature on this Website will be referred to as "Your Information."
You represent and warrant that Your Information will be true, accurate, current
and complete. You will promptly update Your Information to keep it true, accurate,
current and complete at all times. PropertyRoom.comTM will only use Your
Information in accordance with our Privacy Policy. Your Information shall not contain
any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information or create liability
for us or cause us to lose the services of our ISP's or other suppliers.
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CONDUCT OF MEMBERS AND VISITORS
We believe that all members and visitors benefit from basic rules regarding conduct
while using the Services so that information and ideas may be shared freely, and
so that commerce can be conducted fairly. To achieve these ends, we ask that you
agree to follow the following basic rules of conduct when using the Site:
- You will follow these Terms and all applicable laws;
- You will never give your password to anyone and you will not provide your billing
or credit information except to make a purchase;
- You will not harass, threaten or abuse other people when using the Website in any
manner, and you will not post or transmit to the Website any unlawful, fraudulent,
harassing, libelous, defamatory or obscene material of any kind; nor will you post
or transmit to the Website any information in violation of another's copyright or
intellectual property rights;
- You will not attempt to harvest any screen names or e-mail addresses for any commercial
use; and you will not collect or store personal information about any other individual
on the Website, or otherwise stalk, repeatedly contact or harass another user;
- You will not impersonate any other person or misrepresent a relationship with any
person or entity, including misrepresenting a relationship with Property Room, similarly,
you will not adopt a false identity if the purpose of doing so is to deceive or
defraud another;
- You will not manipulate the Services so as to hide your identity or participation
in Services on the Website (by using another person's identity, changing headers,
or otherwise modifying any other possible identifier);
- You will not knowingly use any device, software or technique to interfere with or
attempt to interfere with the proper working of the Website; nor will you redeliver
any content using framing, hyperlinks, or other technology without Property Room's
express written permission;
- You will not post any content or other material that contains any viruses, cancelbots,
Trojan horses, harmful code, or other computer software or program designed to interrupt
the Services we provide, users' ability to enjoy the Services, or the proper functioning
of any software, hardware or equipment or materials used in connection with the
Services; and
- You will not send any bulk unsolicited advertising, promotional information, e-mail
or other solicitation (including without limitation junk mail, "spam," chain letters
or pyramid schemes of any sort) to any person through the use of the Services, except
in areas that specifically authorize you to do so (auction forums, for instance).
- If you violate any of the rules of conduct set forth above, or any other aspect
of these Terms, we reserve the right to suspend or terminate your rights to use
the Services without giving you any notice.
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BREACH
Without limiting other remedies, we may immediately issue a warning, temporarily
or indefinitely suspend or terminate your membership and refuse to provide Services
to you if:
- you breach this User Agreement;
- we are unable to verify or authenticate any information you provide to us; or
- we believe that your actions may cause legal liability for you, our users or us.
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YOU AGREE TO COMPLY WITH ALL LAWS
When you use the PropertyRoom.comTM Website in any way, you will comply
at all times with all applicable federal, state and local laws, statutes, regulations,
and ordinances and will not take any action that harms or violates the rights of
any person or entity.
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PROPERTYROOM.COMTM PRIVACY POLICY
We collect personal information on this Website. To learn more about how we use
Your Information please see our Privacy Policy on
this Website, which is incorporated herein by reference. We may collect and use
Your Information as set forth in our Privacy Policy.
Pursuant to PropertyRoom.comTM's Privacy Policy,
we may disclose to third parties certain information contained in Your Information
or related data, provided that such information will not include personally identifying
information, except as specifically authorized by you or in the good faith belief
that such action is reasonably necessary to comply with the law or legal process,
to enforce this User Agreement, or under any of the other circumstances set forth
in our Privacy Policy, as may be amended from time
to time. In using this Website, you may choose to give all or a portion of Your
Information to sellers or other users of this Website. To the extent you give any
of Your Information to any person or entity on this Website other than PropertyRoom.comTM,
you assume the risk that the person or entity may not keep Your Information confidential
and may use it for commercial or other purposes without your knowledge or consent.
The PropertyRoom.comTM Privacy Policy applies
only to PropertyRoom.comTM. It does not apply to any seller or other
user of this Website.
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PROPERTYROOM.COMTM RIGHT TO REGULATE
You authorize PropertyRoom.comTM and its contractors to cooperate with
any law enforcement or governmental agency (including non-U.S. agencies and governments)
that is investigating alleged or actual violations of any laws of any jurisdiction
in the United States, which cooperation includes, but is not limited to, PropertyRoom.comTM
voluntarily disclosing (i.e., without being subject to a lawful order to disclose)
to the law enforcement and governmental agencies any or all of Your Information.
You acknowledge that PropertyRoom.comTM has the right, but no obligation,
to monitor the Website and disclose any information necessary in connection with
the foregoing, or necessary to operate the Website, to protect PropertyRoom.comTM,
its licensors and business partners and customers. PropertyRoom.comTM
reserves the right to post or remove any information on the Website, in whole or
in part, for any reason.
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INDEMNITY
You will indemnify and hold harmless PropertyRoom.comTM and its subsidiaries
and their respective affiliates, directors, officers, shareholders, employees, agents,
printers, contractors, co-branders, suppliers, internet service providers, and partners
from any loss, cost, claim, demand or other harm of any kind, including reasonable
attorneys' fees, due to or arising out of:
- Your Information;
- Your use of this Website;
- The use of this Website by any person who uses this Website while logged on under
your user name and password;
- Your default under any provision in this User Agreement; and
- Your violation of any laws or of any rights of a third party.
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MODIFICATIONS TO SERVICE
PropertyRoom.comTM reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, this Website (or any part
thereof) with or without notice. You agree that PropertyRoom.comTM shall
not be liable to you or to any third party for any modification, suspension or discontinuance
of this Website.
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TERMINATION
PropertyRoom.comTM, in its sole discretion without notice to you, may:
- Terminate your password and your use of this entire Website or your use of any feature
of this Website, and
- Remove and discard any of Your Information stored on the Website.
PropertyRoom.comTM may also in its sole discretion and at any time without
notice, discontinue providing the Website, or any part thereof. PropertyRoom.comTM
will not be liable to you or any third-party for any suspension or termination of
your access to this Website.
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LINKS
This Website may provide, or third parties may provide, links to other World Wide
Web sites or resources. PropertyRoom.comTM will not be responsible for
the availability of any external sites or resources to which we hyperlink ("Linked
Sites"), and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from Linked Sites. PropertyRoom.comTM
will not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
content, goods or services available on or through any Linked Sites.
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PROPERTYROOM.COMTM PROPRIETARY RIGHTS
This Website and any necessary software used in connection with it ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. Content contained in sponsor advertisements
or information presented to you on this Website may be protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by PropertyRoom.comTM or its advertisers, you
shall not modify, rent, lease, loan, sell, distribute or create derivative works
based on this Website or the Software, in whole or in part. You will not access
this Website by any means other than through the interface that is provided by PropertyRoom.comTM
for use by the public in accessing the Website.
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NO AGENCY
PropertyRoom.comTM and sellers who conduct auctions on and through this
Website are independent contractors and no agency, partnership, joint venture, employee–employer
or franchiser-franchisee relationship is intended or created by this User Agreement.
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DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE MERCHANDISE SOLD
ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROPERTYROOM.COMTM
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IT IS THE BUYER'S RESPONSIBILITY,
AND IT IS NOT THE RESPONSIBILITY OF PROPERTYROOM, TO HAVE KNOWLEDGE OF, OBEY, OR
COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS REGARDING
TRANSPORTATION, HANDLING, STORAGE, PURCHASING, POSSESSION, USE, MISUSE OR OWNERSHIP
OF THE ITEMS SOLD ON OUR WEBSITE. PROPERTYROOM.COMTM MAKES NO WARRANTY
THAT
- THE WEBSITE WILL MEET YOUR REQUIREMENTS,
- THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE
OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PROPERTYROOM.COMTM OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS USER AGREEMENT. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights which vary
from state to state.
LIMITATION OF LIABILITY
PROPERTYROOM.COMTM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROPERTYROOM.COMTM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THIS WEBSITE;
- YOUR PURCHASE OF
ANY PRODUCT, ITEM, GOOD OR SERVICE THROUGH THIS WEBSITE;
- THE COST OF PROCURING
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THIS WEBSITE;
- UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THIS WEBSITE; OR
- ANY OTHER
MATTER RELATING TO THIS WEBSITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PRINTERS, SUPPLIERS, CONTRACTORS AND VENDORS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
- THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS BEFORE
THE ACTION GIVING RISE TO LIABILITY, OR
- $100.
Some states do not allow the limitation of liability, so the foregoing limitation
may not apply to you.
NOTICE
Notices from us to you and from you to us may be given by either email or regular
mail. Notice is deemed given 24 hours after an email is sent, unless the sending
party is notified that the email address is invalid. If we use the
US
mail to send you a notice, the notice will be deemed given three days after the
date of mailing. This Website may also provide notices of changes to the User Agreement
or other matters by displaying notices or links to notices to you generally on the
Website.
ARBITRATION
Any controversy or claim arising out of or relating to this User Agreement or our
Services shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Los Angeles or Orange County, California, and judgment on the arbitration award may be entered into any court having jurisdiction
thereof. Either you or PropertyRoom.comTM may seek any interim or preliminary
relief from a court of competent jurisdiction in
Orange County, California, necessary to protect the rights or property of you or PropertyRoom.comTM
pending the completion of arbitration.
GENERAL INFORMATION
This User Agreement is the entire agreement between you and PropertyRoom.comTM
and governs your use of this Website. This User Agreement supercedes any prior agreements
between you and PropertyRoom.comTM. You also may be subject to additional
terms and conditions that may apply when you use affiliate or other services, third-party
content or third-party software. The User Agreement and the relationship between
you and PropertyRoom.comTM will be governed by the laws of the State
of California without regard to its conflict of law provisions. You and PropertyRoom.comTM
agree to submit to the personal and exclusive jurisdiction of the courts located
in Orange County, California . The failure of a party to exercise or enforce any
right or provision of this User Agreement will not constitute a waiver of the right
or provision. If any provision of the User Agreement is found by a court of competent
jurisdiction to be invalid, the parties agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of the User Agreement remain in full force and effect. If any provision
of this Agreement is held to be invalid or unenforceable, the provision will be
struck and the remaining provisions will be enforced. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to subsequent
or similar breaches.
DISCLOSURES
This Website is provided by PropertyRoom.comTM, Inc., located at 26421
Crown Valley Pkwy # 200, Mission Viejo, California 92691 . If you are a California
resident, you may have this same information emailed to you by sending a letter
to the foregoing address with your email address and a request for this information.
If you have any questions or comments about the PropertyRoom.comTM User
Agreement, contact us.
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