Company cannot guarantee the Service will be available 100% of the time. Interruptions and delays in service are unavoidable and Company disclaims any liability for damages resulting from such disruptions. Accordingly, User uses the Service at its own risk.
Company may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
You may never use another User’s account without permission from the owner of said other account. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account. You acknowledge that you provide your personal information at your own risk.
By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, special offers and newsletters. If you do not want to receive such newsletter email messages, you may unsubscribe to such messages using the link at the bottom of the email or inform Company via contact information provided. Your information will not intentionally be distributed to any outside company for any reason, but Company cannot and does not guarantee that your information may be made public by illegal activity attacks on Website.
User represents and warrants that User Information: (i) shall not infringe any third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (ii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (iii) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (vi) shall not be obscene, contain child pornography, or be pornographic or indecent; and (v) shall not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. You are solely responsible for the User Information and you hereby agree to indemnify and hold Company and its owners, officers, agents, representatives, employees, affiliates, assigns and licensees (collectively, “Company Parties”) harmless from any and all damages (actual or consequential, direct or indirect), claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. Furthermore, User shall not post on the Website or sell through the Website any item that, by paying to Company any fee, could subject Company to any liability or cause Company to violate any applicable law, statute, ordinance, or regulation. User grants Company a nonexclusive, worldwide, perpetual, irrevocable, royalty free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights in User Information, in any media now known or not currently known. Company retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Information for any reason or no reason at all.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Some states do not allow the disclaimer of certain implied warranties, so the above-mentioned disclaimer may not apply to User. This warranty gives User specific legal rights and User may also have other legal rights which vary from state to state. The disclaimers hereunder will not apply to the extent they are prohibited by applicable law.
IN NO EVENT WHATSOEVER SHALL THE LIABILITY OF COMPANY, COMPANY PARTIES, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEBSITE OR THE SERVICE, TO USER EXCEED THE TOTAL FEES USER PAID TO COMPANY BY THE USER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states do not allow the limitation of liability, so the above-mentioned limitation may not apply to User.
19.Claims of Intellectual Property Infringement. Companyrespects the intellectual property rights of others. If you believe that any content available via the Service may infringe your copyrights or other intellectual property rights, please provide Company with the following written information:
Please direct such notice to the following contact:
Second Daily LLC
P.O. Box 697
Signal Mountain, TN 37377
Please note that this procedure is exclusively for notifying Company that your intellectual property rights have been infringed. Please be advised that Company enforces a policy that provides for the termination in appropriate circumstances of Users who are repeat infringers.
“Auction” means the online auction event held on the Website pertaining to a Seller’s Listing.
“Bid” means a bid submitted by Buyer to an Auction.
“Buyer” means an individual or entity that creates an account on the Website and places a bid on an Auction (regardless of such User’s purpose for creating the account and whether or not the bid is a winning bid).
“Listing” means the listing of a Vehicle for Auction, and includes Seller-generated content and material regarding the Vehicle.
“Seller” means an individual or entity that creates an account on the Website and submits a Listing for Auction and that listing is approved by Company.
“Transaction” means the sale transaction of a Vehicle between Buyer and Seller.
“Vehicle” means the applicable vehicle listed by Seller for Auction.
(a) Minimum Reserve.In some cases, a Reserve Price may be set. If so, prior to Company’s publication of the Listing, Seller agrees to agree to a final set price with Company, a reserve amount indicating the minimum price at which the Seller will make a sale of the Vehicle (the “Minimum Reserve”). Seller reserves the right to reduce or waive (but not increase) the Minimum Reserve during the Auction by notifying the Company of such change via email.
(b) Fees to Company.Seller agrees to pay Company the fees and expenses for each Auction as set forth in Company’s pricing and payment terms (“Pricing and Payment Terms”), which may be updated by Company from time to time. Seller fees only include a cancellation charge if circumstances arise warranting said Seller fee as outlined in the Cancellation section of the Terms and Conditions and Pricing and Payment Terms.
(c) Cancellation. Sellers are not authorized to cancel an Auction after the scheduled start of said Auction. If Seller must cancel an Auction before it expires for any reason, Company shall be notified in writing by Seller (electronic or otherwise) detailing reason(s) for cancellation. If an Auction is cancelled by Seller at any time prior to the Auction’s expiration, Seller will be charged the Auction cancellation fee as set forth in Company’s Pricing and Payment Terms, wherein said fee will be paid to Company by Seller. Additionally, Seller will not be allowed to participate in any future auctions for a period up to and possibly extending beyond 12-months from cancellation date. It is the right of the Company to review cancellation reasons and it is the Company’s discretion as to whether reasons are valid, and whether Seller may participate in future auctions. If Seller, for any reason not due to Buyer’s fault, fails to finalize the Transaction with a Buyer who submits the winning Bid at Auction, Seller will be charged the Auction cancellation fee as set forth in Company’s Pricing and Payment Terms, which fee will be paid to Company.
(d) Restriction on Listing. SELLER HEREBY ACKNOWLEDGES AND AGREES THAT DURING THE PERIOD OF TIME COMMENCING WITH SELLER’S INITIAL SUBMISSION OF A VEHICLE TO COMPANY FOR AUCTION AND EXPIRING UPON THE EARLIER OF, (I) THE COMPANY’S REJECTION OF THE VEHICLE FOR AUCTION, OR (II) THE CLOSE OF AUCTION, SELLER MAY NOT LIST, POST OR OTHERWISE ADVERTISE FOR SALE THE APPLICABLE VEHICLE BY ANY OTHER MEANS.
(a) Bid. Buyer acknowledges and agrees that (i) each Bid submitted is a legally binding obligation of Buyer, (ii) Buyer will pay the total amount of the final winning Bid to the Seller within 7 days of Auction close, and (iii) Buyer will be charged the Buyer’s Premium as set forth in the Company’s Pricing and Payment Termsimmediately at the time of Auction close. Buyer acknowledges and agrees that the Buyer’s Premium constitutes consideration for Buyer’s use of the Service and is non-reimbursable to Buyer.
(b) Fees to Company. Buyer agrees to pay Company the fees and expenses as set forth in Company’s Pricing and Payment Terms , which may be updated by Company from time to time.
Pricing and Payment Terms
The following are the pricing and payment terms set forth by Company as of the release date.
Company will not share your information with anyone. It is possible that hosting services Company uses for all Services could be attacked or compromised in some way, and your information collected from this event. Company is in no way responsible for such an attack and cannot and will not be held liable for any damages you may incur as a result of such an attack. Company cannot and does not guarantee against such a compromise. By using Company Services and sharing your information with Company, you hereby agree to that limited liability and in no will attempt to or hold Company liable for any damages incurred as a result of your information being obtained or used.
You may request of a copy of this policy by contacting us.
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