JustAuctions: Terms & Conditions
Welcome to JustAuctions.org. By using our site, you are agreeing to
comply with and be bound by the following terms of use. Please review
the following terms carefully. If you do not agree to these terms, you
should not use this site. The term “JustAuctions.org, or “us”
or “we” or “our” refers to LeBrun & Associates
LLC, the owner of the Web site. The term “you” refers to
the user or viewer of our Web Site.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (“JustAuctins.org").
This Agreement constitutes the entire and only agreement between us
and you, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to JustAuctions.org, the
content, products or services provided by or through JustAuctions.org,
and the subject matter of this Agreement. This Agreement may be amended
at any time by us from time to time without specific notice to you.
The latest Agreement will be posted on JustAuctions.org, and you should
review this Agreement prior to using JustAuctions.org.
Copyright
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to JustAuctions.org are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any
part of JustAuctions.org, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content, document
or other materials viewed through JustAuctions.org. The posting of information
or materials on JustAuctions.org does not constitute a waiver of any
right in such information and materials. Some of the content on JustAuctions.org
is the copyrighted work of third parties.
Service Marks
“JustAuctions.org" and others are our service marks or registered
service marks or trademarks. Other product and company names mentioned
on JustAuctions.org may be trademarks of their respective owners.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the JustAuctions.org strictly in accordance with
this Agreement; (b) to use the JustAuctions.org solely for internal,
personal, non-commercial purposes; and (c) to print out discrete information
from the JustAuctions.org solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part of
JustAuctions.org or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license for access and use of the JustAuctions.org and any information,
materials or documents (collectively defined as “Content and Materials”)
therein are subject to the following restrictions and prohibitions on
use: You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of JustAuctions.org or any Content and
Materials retrieved there from; (b) use JustAuctions.org or any materials
obtained from JustAuctions.org to develop, of as a component of, any
information, storage and retrieval system, database, information base,
or similar resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works
of any Content and Materials from JustAuctions.org; (d) use any Content
and Materials from JustAuctions.org in any manner that may infringe
any copyright, intellectual property right, proprietary right, or property
right of us or any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms of use contained
in JustAuctions.org; (f) make any portion of JustAuctions.org available
through any timesharing system, service bureau, the Internet or any
other technology now existing or developed in the future; (g) remove,
decompile, disassemble or reverse engineer any Site software or use
any network monitoring or discovery software to determine JustAuctions.org
architecture; (h) use any automatic or manual process to harvest information
from JustAuctions.org; (i) use JustAuctions.org for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2)
email that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (j) use JustAuctions.org in a manner
that violates any state or federal law regulating email, facsimile transmissions
or telephone solicitations; and (k) export or re-export JustAuctions.org
or any portion thereof, or any software available on or through JustAuctions.org,
in violation of the export control laws or regulations of the United
States.
Forms, Agreements & Documents
We may make available through JustAuctions.org or through other Web
sites sample and actual forms, checklists, business documents and legal
documents (collectively, “Documents”). All Documents are
provided on a non-exclusive license basis only for your personal one-time
use for non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided
for a charge and without any representations or warranties, express
or implied, as to their suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. The Documents are provided “as
is”, “as available”, and with “all faults”,
and we and any provider of the Documents disclaim any warranties, including
but not limited to the warranties of merchantability and fitness for
a particular purpose. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should consult with legal
counsel to determine the appropriate legal or business documents necessary
for your particular transactions, as the Documents are only samples
and may not be applicable to a particular situation. Some Documents
are public domain forms or available from public records.
No Legal Advice or Attorney-Client Relationship
Information contained on or made available through JustAuctions.org
is not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in or
linked to JustAuctions.org. Your use of information on JustAuctions.org
or materials linked to JustAuctions.org is entirely at your own risk.
We are not a law firm and JustAuctions.org is not a lawyer referral
service.
Registration
Certain sections of, or offerings from, JustAuctions.org may require
you to register. If registration is requested, you agree to provide
us with accurate, complete registration information. Your registration
must be done using your real name and accurate information. Each registration
is for your personal use only and not on behalf of any other person
or entity. We do not permit (a) any other person using the registered
sections under your name; or (b) access through a single name being
made available to multiple users on a network. You are responsible for
preventing such unauthorized use.
Errors, Corrections and Changes
We do not represent or warrant that JustAuctions.org will be error-free,
free of viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information available
on or through JustAuctions.org will be correct, accurate, timely or
otherwise reliable. We may make changes to the features, functionality
or content of JustAuctions.org at any time. We reserve the right in
our sole discretion to edit or delete any documents, information or
other content appearing on JustAuctions.org.
Third Party Content
Third party content may appear on JustAuctions.org or may be accessible
via links from JustAuctions.org. We are not responsible for and assume
no liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on JustAuctions.org. You
understand that the information and opinions in the third party content
represent solely the thoughts of the author and is neither endorsed
by nor does it necessarily reflect our belief.
Unlawful Activity
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials,
IP addresses and traffic information.
Indemnification
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys, advertisers,
product and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of JustAuctions.org.
Nontransferable
Your right to use JustAuctions.org is not transferable or assignable.
Any password or right given to you to obtain information or documents
is not transferable or assignable.
Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH JUSTAUCTIONS.ORG
ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL
FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b).
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH JUSTAUCTIONS.ORG OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.