Terms of Use
| Northwest Benefit Auctions, Inc. Terms of Use READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND BY THE AGREEMENT. 1. COPYRIGHT NOTICE. Copyright (C) 2004 Northwest Benefit Auctions, Inc. All Rights Reserved. 2. LICENSE GRANT & OWNERSHIP BY NORTHWEST BENEFIT AUCTIONS. b. Ownership. All Content on the Site is (and shall continue to be) owned exclusively by Northwest Benefit Auctions or Others, and is protected under applicable copyrights, patents, trademarks, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your Site Use. 3. RESTRICTIONS ON USE b. Right to Regulate & Law Compliance. You acknowledge that Northwest Benefit Auctions has the right, but no obligation, to monitor the Site and to disclose any Information necessary to operate the Site, to protect Northwest Benefit Auctions, Others, and Northwest Benefit Auctions' customers, and to comply with legal obligations or governmental requests. Northwest Benefit Auctions reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, for any reason. Law Compliance. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Site Use. 4. YOUR SITE USE ACTIVITIES 5. SUBMISSIONS OF INFORMATION BY YOU YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO NORTHWEST BENEFIT AUCTIONS. 6. APPLICABILITY & COOPERATION 7. RESTRICTED RIGHTS & EXPORT CONTROLS 8. LIMITED WARRANTY AND DISCLAIMER b. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you. 9. CONTACTING NORTHWEST BENEFIT AUCTIONS. Should you desire to contact Northwest Benefit Auctions, you may do so at: Northwest Benefit Auctions, Inc., 1200 NE 112th Ave. NE, Suite C250, Bellevue, WA 98004. Email. info@auctionhelp.com. 10. MISCELLANEOUS b. Equitable Relief. You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Northwest Benefit Auctions or Others and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Northwest Benefit Auctions and Others will be entitled to injunctive relief for any breach of this Agreement. c. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. d. Complete Integration. This Agreement constitutes the entire agreement between you and Northwest Benefit Auctions pertaining to the subject matter hereof. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. This Agreement may be prospectively modified by Northwest Benefit Auctions, by posting a revised Agreement on the Site. e. Termination. The Agreement may be terminated by either Party, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all Site Use and, upon request by Northwest Benefit Auctions, to return all Information in your possession relating to the Site, and all copies thereof. f. Survival of Certain Provisions. Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees. g. Waiver. No delay or omission to exercise any right or remedy accruing to Northwest Benefit Auctions upon any breach or default by you shall constitute a waiver by Northwest Benefit Auctions of any breach or default. h. Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement. i. No Agency. You and Northwest Benefit Auctions are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. j. Conflicts. If this Agreement conflicts with a provision of any other contract between you and Northwest Benefit Auctions relating to the Site, the provision in such other Agreement shall govern. 13. GLOSSARY "Content". The term "Content" means all Information, data, or other material, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site. "Content Providers". The term "Content Providers" means both Northwest Benefit Auctions and Others. "Information". The phrase "Information" includes all data, information, documents, files, personally-identifying information, and software disclosed by one party to the other in connection with the Site or your Site Use. "Linked-Site". A "Linked-Site" means any internet site (including all information, data, and content thereon) that is linked to the Site, but not owned by Northwest Benefit Auctions. "Notice". The phrase "Notice" refers to the sending of Information by you to Northwest Benefit Auctions via certified mail, return receipt requested, to Northwest Benefit Auctions at the address noted in section 10 above. "Others". The terms "Others" means Northwest Benefit Auctions' direct or indirect licensors, Northwest Benefit Auctions's affiliates, or other contributors to the Site (other than Northwest Benefit Auctions). "Privacy Policy". The phrase "Privacy Policy" refers to Northwest Benefit Auctions' official published privacy policy, if any, describing Northwest Benefit Auctions' intended uses of your personally identifiable Information. "Site". The term "Site" means any Northwest Benefit Auctions internet site, page (and all sub- pages), uniform resource locator ("URL"), domain location, and all Information and Content thereon. "Site Use". The term "Site Use" means your use of or access to the Site. * * * |
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