Terms of Service
Thank you for using 501 Auctions. The following terms and conditions ("Terms") apply to your use of the 501 Auctions ("Company") website hosted by 501 Auctions LLC (the "Site"). If you ("you", "user", or "User") are using this Site as a client of 501 Auctions and as the provider of an auction then you are also sometimes referred to in these Terms as "Client". These Terms shall apply to your use of 501 Auctions' services and software (collectively, the "Software"). Please read these Terms carefully.
BY ACCESSING, USING, BUYING ON, OR BROWSING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS, WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION.
These Terms apply exclusively to your access to, and use, of the Site and do not alter in any way the terms and conditions of any other agreement(s) you may have with the Company. If you do not agree to these Terms, you may not access, browse, buy on, sell on, or otherwise use the Site. By accepting these Terms, you also agree that the Privacy Policy will apply whenever you use the Site.
1. Requirements
The Software and Site are available only to Users who are 18 years of age or older; if you are under the age of 18, you can use the Site only under the supervision of your parent or guardian. Be sure to check with your advisers and counsel regarding any legal requirements that may apply to your use of the Site. You are responsible for complying with all applicable requirements. You agree to indemnify, defend, and hold Company, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to compliance with such requirements.
2. Links to Other Websites
Site may contain links to websites that are operated by third parties. Company has no control over such websites and makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Site, or websites linking to the Site. Visitors to such third party websites should refer to such websites' respective privacy policies, terms and conditions and practices.
3. Privacy Policy
Please review the Company Privacy Policy made available here. The Company's Privacy Policy applies to use of the Site, and its terms are made a part of these Terms by this reference.
4. Security
Please notify Company webmaster at help@501auctions.com promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your log-in, password or any other personal information. Users are responsible for maintaining the confidentiality and security of their information. You agree that you will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or any Company server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You will not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You will not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Company, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company's systems or networks, or any systems or networks connected to the Site or to the Company. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Site or any service offered on or through the Site. You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You will not use the Site or any content on the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others. You will not transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or any other country in which you reside.
The Site is protected by copyright as a collective work, pursuant to United States copyright laws. Client may print and download portions of material from the Site solely for its own non-commercial use; any other copying or any redistribution or publication of any downloaded material is strictly prohibited without the express written consent of the copyright owner. Except for the foregoing, Client may not modify, copy, publish, transmit, sell, create derivative works from, perform, display or in any way exploit any of the content contained on the Site.
Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. Contributions to the Site
Company does not monitor the content posted on the Site. Upon notification of inappropriate material, Company reserves the right to remove the content without notice to the contributor. In addition, the information, advice, facts, opinions and other content appearing on the Site posted, uploaded or distributed by any users or other third parties are those of the respective authors and do not reflect the views of the Company. Company assumes no responsibility or liability for these materials. By contributing to the Site, Client represents that it has all of the necessary rights to use the materials, communications or other information that it displays on the Site.
6. Prohibited and Restricted Items
Company does not monitor items posted on the Site. Client is responsible for complying with all applicable laws and regulations regarding their sales or distribution of items using the Software, including laws and regulations pertaining to alcohol, tobacco, and firearms. Company reserves the right to remove items without notice. By using the Software, Client represents that it has complied with all applicable laws and regulations.
7. Termination
Company may terminate or suspend your account if you are in violation of these Terms or if Company reasonably believes your use of your account or the Site could cause us to incur cost, damage, expense, or liability of any kind.
8. Changes to These Terms of Use
Company reserves the right to change these Terms by posting on this Site. Your continued use of the Software following a change notice shall be deemed to be acceptance of any such modification. If you do not agree to any modification of these Terms, you must immediately stop accessing the Site and using the Software.
9. Legal Disclaimer
YOU USE THE SITE AT YOUR OWN RISK. COMPANY DOES NOT REVIEW OR EDIT SEARCH RESULTS, AUCTION POSTINGS, BIDS, RELATED CONTENT, OR THIRD PARTY ADVERTISEMENTS. COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITH NO WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR USE OF OR RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
The above disclaimer applies to any damages, liability or injuries caused by an failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
10. Site Maintenance and Access
Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
11. Limitation of Liability
COMPANY CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SITE. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, COMPANY EXCLUDES ALL IMPLIED WARRANTIES, TERMS, AND CONDITIONS. COMPANY IS NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITES, SERVICES, AND SOFTWARE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST TIME), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY ACCESS TO THE SITE OR ANY VIEWING OR USE OF ANY INFORMATION ON OR THROUGH THE SITE OR ANY CONTRACTUAL OR OTHER DEALINGS OR RELATIONSHIPS YOU MAY HAVE WITH THIRD PARTIES BASED UPON ANY INFORMATION INCLUDED IN OR THROUGH THE SITE. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO YOUR USE OF THE SITE EXCEED US$1000. YOU ACKNOWLEDGE THAT, AS NO SUBSCRIPTION OR OTHER FEES ARE REQUIRED FOR YOUR ACCESS TO THE SITE, THE LIMITATIONS IN THIS PARAGRAPH ARE REASONABLE AND APPROPRIATE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Indemnification
You shall indemnify, defend, and hold Company, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to your use of the Site, including, without limitation, any violations by you of these Terms.
13. California Civil Code
If you are a California resident, you waive California Civil Code ยง1542, 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."
14. Taxes and Raffles
If there are taxes, other governmental charges or any other fees associated with your use of the Site including the auction, item sales, raffles (a means of raising money by selling numbered tickets, one or some of which are subsequently drawn at random, the holder or holders of such tickets winning a prize), or other financial transactions on the Site these will be your responsibility to pay. You should consult your tax adviser on any potential taxes or tax effects related to the auction, raffle, appeal, sales and other transactions made through the Site.
If the Client choses to include a raffle as part of their event, the Client agrees that they understand and comply with all federal and state regulations that apply to raffles and the sale of raffle tickets through our site. The Client further agrees that Client shall indemnify, defend, and hold Company, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to raffle activities.
15. Other Legal Items
The laws of the state of New York will apply to these Terms and the federal and state courts located in New York, New York will have exclusive jurisdiction over any disputes. Notices delivered under these Terms must be delivered in writing and will be effective when received. These Terms are the complete statement of our understanding regarding these matters, and supersede all other documents and discussions, except if you are a Client and have entered into a Contract with us, in which case these Terms and the terms and conditions of the Contract constitute the entire agreement between us. You agree that these Terms are personal to you and may not be transferred to anyone else without Company's prior written consent. If either party fails to exercise any rights or remedies it may have pursuant to this Contract, that failure to act shall not constitute a waiver of any obligation of the non-waiving party. No waiver shall be deemed to be a waiver of the same or any other term or condition at any other time.
Last Updated: December 3, 2015
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Privacy Policy
501 Auctions (the "Company") is committed to maintaining robust privacy protections for its users. Our Privacy Policy ("Privacy Policy") is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.
For purposes of this Agreement, "Service" refers to the Company's service which can be accessed via our website at www.501auctions.com in which users can view event and fundraising sites, participate in auctions, purchase items online. The terms "we," "us," and "our" refer to the Company. "Client" is the client of 501 Auctions and the managers of an event or fundraising site that You have accessed. "You" refers to you, as a user of Service. By accepting our Privacy Policy and Terms of Use, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.
1. Information We Collect
We collect "Non-Personal Information" and "Personal Information." Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email, phone number, address information which you submit to us through the registration process at the Site.
Information collected via Technology
To access the Service you do not need to submit any Personal Information. However, in an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the "referring URL"), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user's browser from our servers and are stored on the user's computer hard drive. Sending a cookie to a user's browser enables us to collect Non-Personal information about that user and keep a record of the user's preferences when utilizing our services, both on an individual and aggregate basis. For example, the Company may use cookies to determine which auction items you reviewed and what browser you have been using. Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
Information you provide us by registering for an account
In addition to the information provided automatically by your browser when you visit the Site, to become a User of the Service you will need to create a personal profile. You can create a profile by registering with the Service and entering your name and email address,. By registering, you are authorizing us to collect, store and use your email address along with other fields you have populated in accordance with this Privacy Policy. Our Client may also provide us with information for their expected Users. If our Client has provided us with your information and you do not wish to become a User of that Client's site we will remove it from our system at your request.
2. How We Use and Share Information
Personal Information:
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with our Client as well as vendors who are performing services for the Company or Client. For example payment information is sent to a payment processor so that you are able to purchase a ticket or item through our site and make donations. We may share Personal Information if it is required to disclose such information by any applicable law or legal process.
To promote competitive bidding and replicate the in-person auction experience, Clients may elect to identify bidders, purchasers, or donors by name.
In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to send automatic outbid notifications by both email and text message, contact users in response to questions, and provide technical support. Clients may also use our service to communicate with their Users via either email or text message.
Non-Personal Information
In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.
In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.
Contact
501 Auctions wants to provide an excellent product as well as excellent service. We greatly appreciate any feedback or suggestions you have on our Software. If you do provide us with feedback or suggestions, you understand that 501 Auctions may use that information to improve our products and services and all other purposes, commercial or otherwise, without acknowledgment or additional compensation to you.
3. How We Protect Information
We implement security measures designed to protect your information from unauthorized access. Your account is protected by a unique sign-in code and/or account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
4. Your Rights Regarding the Use of Your Personal Information
We will not contact you for marketing purposes. If you do however receive promotional communications, for example, if you signed up for our blog, the user can opt out of further communications by following the unsubscribe instructions provided in each e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.
5. Links to Other Websites
As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.
6. Changes to Our Privacy Policy
The Company reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.
7. Contact Us
If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to help@501auctions.com
Last Updated: December 3, 2015
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