2. Our Service.
This website and the services provided to you on and through this website are on an "AS IS" basis. We reserve the right to modify or discontinue this website and its services, or delete the data you provide, temporarily or permanently, at any time, and without notice or liability to you.
a. Public access to certain pages on this website and to bidder search pages. The ability to download sales lists in Excel format. Data available is limited to a 30 day date range.
b. Bidder access to certain pages on this website and the ability to search for specific files or by county for properties of interest. Bidder access may include the ability to use automatic search programs to conduct bidder searches. Data available is limited to a 30 day date range.
c. Client access to certain pages on this website and the ability to access their company data, regardless of the time frame. Client access may include the ability to download Excel lists and PDF files of order documents, to view a newspaper run date scheduler, to upload special instruction documents, to submit auction bid information, to postpone sales, and to cancel orders via this website.
3. Your Responsibilities and Registration Obligations.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Submission of Content on this Web Site.
All information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately accessed through this website, shall be the sole responsibility of the person or entity submitting the Content or the person or entity whose user account is used to submit the Content. You agree that this website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission in that Content. By providing any Content to this website:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology now known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth above; and
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice. Notwithstanding (a) above, if you upload a particular document or file for us to use in providing our service to you, we will use that document or file without modification, and for the purpose intended, unless you agree to any modification or alteration that we might suggest.
7. Your Conduct.
You explicitly agree, in using this website or any service provided herein, that you shall not:
(a) provide any Content or perform any act that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or which might interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; or
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by those third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
9. Unlawful Activity.
11. Merger/No Oral Modification.
12. Limitation of Liability.
(a) We shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the web site or information obtained, (ii) the unavailability or interruption of our website or any features thereof, (iii) your use of our website, (iv) the content contained on our website, or (v) any delay or failure in performance beyond the control of an Affiliated Party.
(b) You agree that without regard to any statute or contrary law that any claim or cause arising out of our website or the services provided therein must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following phone number: Priority Posting and Publishing™ (800) 570-3500.
14. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
16. Applicable Law.
You agree that this Agreement shall be treated as though it were executed and performed in Tustin, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).
17. Miscellaneous Information.
(i) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. (ii) The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. (iii) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. (iv) Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement