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Terms of Use

Website User Agreement

Welcome to auctionPAL's website! Your use of the site is governed by the following terms and conditions of this Website User Agreement ("Agreement"). If you do not agree to these terms, you do not have permission to use this site. By using this site, and in consideration for your use of this site, you agree to bound by the terms and conditions of this Agreement including information contained in any links, which are hereby incorporated by reference.

  • PURPOSE: auctionPAL.com was created to provide its users with auction related information. However, all information found on or provided by this website, whether belonging to auctionPAL, third party advertisers or other contractual relations of auctionPAL, is provided for entertainment purposes only and is not intended to be relied upon by you. It is provided on a strictly "as-is" and "as-available" basis.
  • PERMITTED USE: You may use the site for its intended, non-commercial use only. Robots, spiders, submissions of unreasonably large files and other interference is strictly prohibited.
  • You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
    1. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
    2. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Site without the prior expressed written permission of auctionPAL and the appropriate third party, as applicable.
    3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass any measures we may use to prevent or restrict access to the site.
  • USERS' RESPONSIBILITY: It is the responsibility of every user to provide unconditionally complete, accurate and current information to auctionPAL. You agree to update and maintain as current all information that you provide to auctionPAL. By using the site, you agree to keep your auctionPAL password safe from unauthorized access and/or use. You understand and agree that you are responsible for all site activity that occurs under your account. You also agree to immediately notify auctionPAL of any unauthorized use of your account, password or any other security breach.
  • YOUR CONTENT, OUR LICENSE: When you choose to provide content to auctionPAL, such as uploading pictures or making a representation about property owned by you (i.e., it is green, or it is approximately two years old), you grant auctionPAL a worldwide, royalty-free, irrevocable and non-exclusive license to reproduce, copy and publish your content. We need this license to sell any items on your behalf. You will still be the owner of the content, but auctionPAL will also have the right to use your content. auctionPAL reserves the right to refuse or remove content that in our sole and absolute discretion is objectionable in any way.
  • "Your materials" refers to and includes any auction-related content voluntarily provided by you for use in connection with auctionPAL's services, whether in the form of text, picture, photograph, oral representation or any other means of communication.
    • (a) By providing "your materials," you grant auctionPAL a perpetual, non-exclusive, worldwide, royalty-free, irrevocable right and license to use, display, reproduce, publish, distribute, archive, translate, and create derivative works and compilations, in whole or part, of "your materials."
    • (b) You warrant and represent that you have the legal authority to grant auctionPAL this non-exclusive right and license in "your materials." You further agree that auctionPAL reserves the right, in our sole and absolute discretion, not to publish or to remove from access "your materials" at any time and for any reason whatsoever, with or without prior notice to you.
    • (c) You warrant that your materials are truthful, complete, current, lawful and accurate in all respects (see also section I (b)).
    • (d) You warrant that your materials will not cause auctionPAL, its employees, customers, partners, or other contractual relations, damages or legal liability of any kind.
    • (e) You warrant that your materials do not contain any viruses, Trojan horses, or other computer programming routines that are intended or designed to damage or interfere with auctionPAL in any way.
  • PRIVACY: auctionPAL respects your privacy and will never sell your personally identifiable information! Please click here to see the full policy.
  • PROTECTED PROPERTY: All of the text, pictures and content displayed on this website are the exclusive property of auctionPAL and may not be copied, reproduced or distributed under any circumstances. The website and all of its contents are protected under applicable copyright and/or trademark laws. auctionPAL reserves all of its rights to persue legal action against any violators.
  • auctionPAL reserves all of its rights, including but not limited to, any and all copyrights, trademarks, patents, trade secrets, confidential information, intellectual property, and any other proprietary rights that we may have in the website, the website's content, auctionPAL auctions, the content of auctionPAL auctions, auctionPAL software or downloads, and the goods or services provided via auctionPAL. This reservation of rights and corresponding protection extends to the materials and content of third parties, and any advertisements posted on auctionPAL's website or other platforms of communication. Other than the materials and information provided by you, all content is the sole property of auctionPAL and shall not be copied, reproduced or used by you except in accordance with this Agreement. auctionPAL grants you a limited license to make use of auctionPAL's site, downloads and services for their intended, non-commercial purposes only. You may not use, copy, or repost auctionPAL's auctions or the content contained therein under any circumstances, at any time.
  • DISCLAIMER OF WARRANTIES: All information found on or provided by this website is for entertainment purposes only and is not intended to be relied upon by you. It is provided on a strictly "as-is" and "as-available" basis, without any warranties whatsoever.
  • Though auctionPAL's efforts to offer consistently reliable services and complete, accurate information, due to unforeseeable and/or uncontrollable circumstances, it is not possible to guarantee perfection. YOU UNDERSTAND AND AGREE THAT auctionPAL AND ITS CONTRACTUAL RELATIONS OFFER THE USE OF auctionPAL'S WEBSITE, ITS CONTENT AND INFORMATION PROVIDED, MOBILE DOWNLOADS, GOODS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WHICH ARE PROVIDED TO YOU AT YOUR OWN RISK. auctionPAL SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED, EXPRESS AND STATUTORY WARRANTIES OF ANY AND ALL KINDS, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, and USEAGE OF TRADE. Some states do not allow the disclaimer of implied warranties and therefore, some of the stated limitations may not apply to you.
  • LIMITATION OF LIABILITY: auctionPAL takes no responsibility for and shall have no liability to you or any third parties for any use or misuse of the site. auctionPAL also disclaims all liability for the accuracy of any information provided to you by auctionPAL, its website, employees, or other contractual relations. auctionPAL will not be liable under any circumstances or in any way for any content contained on the site, including but not limited to, any errors or omissions of content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via auctionPAL's site or services. In the event that auctionPAL is found liable to you, you agree that under no circumstances shall such liability exceed the amount of $100.
  • WAIVER: You agree that auctionPAL will not be liable, under any circumstances, for any incidental, consequential, exemplary, indirect, punative or other special damages arising out of, or in any way related to your use of this site.
  • YOU AGREE THAT, UNDER NO CIRCUMSTANCES WILL auctionPAL BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, PUNATIVE OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, REGARDLESS OF WHETHER auctionPAL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO CLAIMS OF TORT, NEGLIGENCE AND STRICT PRODUCT LIABILITY).
  • RELEASE: You agree to release auctionPAL and all of its contractual relations from any claims, demands or damages of any kind resulting from or in any way associated with your use of this site or auctionPALss services.
  • In consideration for auctionPAL's services, YOU AGREE TO RELEASE auctionPAL, EBAY AND ALL OF auctionPAL'S OTHER CONTRACTUAL RELATIONS (including but not limited to employees, directors, and joint venturers) FROM ALL CLAIMS, DAMAGES AND DEMANDS OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH auctionPAL'S SERVICES OR THE EXECUTION OF THIS AGREEMENT. If you are a California resident, it is expressly understood that Section 1542 of California Civil Code provides you the following benefit: "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." If applicable, YOU HEREBY AGREE TO WAIVE THE BENFITS OF THE FOREGOING QUOTED PROVISION AND THOSE OF ANY SIMILAR STATE OR FEDERAL STATUTE.
  • INDEMNITY: You agree to indemnify auctionPAL and auctionPAL's contractual relations from any claim, demand, judgment or claim, including reasonable attorney's fees, by any third party arising out your use or misuse of this site or auctionPAL's services.
  • DISPUTE RESOLUTION: You agree that any dispute or legal claim arising from or related to your use of this site shall be heard and decided exclusively by confidential, binding arbitration. The arbitration fees will be split between the parties.
  • You agree that any dispute or claim arising from or in any way relating to the execution of this agreement will be heard only by confidential, binding arbitration in accordance with the rules of the American Arbitration Association in lieu of litigation. The ultimate finding of the arbitrator shall be binding to the same extent as judicial proceedings and the results may be entered as a final judgment by a court of competent jurisdiction. You also agree that all claims must be brought within one (1) year of the event causing the claim, regardless of whether you have, or had, any reason to know about its occurrence. YOU AGREE TO WAIVE ANY RIGHTS, STATUTORY OR OTHERWISE, TO A JURY TRIAL. The arbitration shall be governed by the laws of Massachusetts, without regard to its conflict of laws principals, and the fees shall be split equally between the parties to the dispute or claim except that personal attorneys and witnesses or specialists are the direct responsibility of each party and their fees and expenses shall be the responsibility of the party using their services. CUSTOMER HAS EXPRESSLY AND KNOWINGLY WAIVED ANY RIGHTS TO LITIGATION AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  • TERMINATION: You may terminate this contract at any time by ceasing use of the site. You may also request removal of your information from the site by contacting auctionPAL with your request at the address shown below or by emailing us at auctionPAL may terminate your use of or access to auctionPAL.com at any time, for any reason and without prior notice to you. Unilateral termination initiated by auctionPAL shall be in our sole and absolute discretion without recourse to you.
  • Any modifications or amendments to this Agreement will be posted here, on the website. Please check back regularly to ensure that you are aware of any changes.
  • Notices: Please send notices addressed to auctionPAL at 33 3rd Avenue/ Charlestown Navy Yard/ Boston, MA/ 02129. Notices will be sent to you at the current address maintained by you in your account information. Notices will be considered delivered upon personal delivery or two days after having been deposited in the United States mail, postage prepaid by certified mail, return receipt requested.
  • If any part of any term, clause, section paragraph or provision of this Agreement shall be held or deemed to be invalid, inoperative or unenforceable to any extent, for any reason by a court of competent jurisdiction, such circumstance shall in no way affect any other term or provision of this Agreement, the application of such term or provision in any other circumstances, or the validity or enforceability of this Agreement, which shall be construed to affect the purposes of this Agreement to the fullest extent permitted by law.
  • Failure of either party to enforce the other party's strict performance of any of the terms of this Agreement shall not constitute a waiver of any right to subsequently enforce such term or any other term of this Agreement.
  • This Agreement shall not be assigned without the prior written consent of the other party, except that auctionPAL may assign this Agreement in connection with the merger, consolidation, or sale of all or substantially all of its assets.
  • This Agreement is the complete agreement between the parties with respect to the subject matter thereof (use of auctionPAL.com and corresponding services). This Agreement shall supercede and the terms of this Agreement shall govern any prior agreements, including oral representations, with the exception of any prior confidentiality agreement between the two parties.
  • The following provisions shall survive termination of this Agreement for any reason, Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14