Terms and Conditions :: Snaglo.com
Terms and Conditions
Last Update: January 15, 2010
Welcome to our snaglo website ("website") and thank you for reviewing our Terms and Conditions. In order to utilize our website, you must review these Terms and Conditions and certify to us that you have read and accepted each of the terms and conditions as well as our terms of service and our Privacy Policy.
We hope that you ("user" or "you") will enjoy our website. Creative Shopping, LLC, through its snaglo website ("provider," "we," "our," or "us"), makes this website, including all information, documents, communications, files, text, graphics, software and audio/visual files (collectively the "service") available for your use subject to the Terms and Conditions set forth below, those in our Privacy Policy and in our terms of service. The snaglo website is an auction platform that offers its users the opportunity to purchase items. Information pertaining to the auctions and rules can be found on the website.
1. Acceptance of Terms of Service and Terms and Conditions. By using this website, registering and/or creating an account and becoming a member, you accept and agree to all the terms, conditions materials and notices contained or referenced on our website ("terms of service"), which terms of service include these Terms and Conditions and our Privacy Policy. Please read the following Terms and Conditions carefully. If you do not agree with these or any of the terms of service, do NOT use this website. If you access, use or download in any way, without limitation, any service from this website, you agree to and are bound by the terms of service. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any user. Provider reserves the right to change the terms of service at any time without prior notice to user. In the event changes are made to these Terms and Conditions, they will be posted on this page and the date of the last changes will appear at the top of this page. Your continued use of the website following such changes signifies your acceptance of those modifications. If you do not agree to the changes, your sole remedy is to cease using the website. If you breach any of the terms of service, your authorization to use this website automatically terminates.
2. Age Limit and Eligibility. To be eligible to register and create an authorized account ("account"), you must be a person/individual at least eighteen (18) years of age and the age of majority where you live or are located as well as a legal resident of the United States. You may not be a firm, business entity or institution. Provider reserves the right to verify your age. Any failure to cooperate with provider in this respect will result in the termination of your account. By using this website and service, you represent and warrant that you have the right, authority and capacity to enter into this agreement and will abide by all of our terms of service.
3. Registration and Account Creation. In order to participate in any auction on this website, you will need to register and create an account. During the registration process, you must choose a username. Your username must not be offensive, deceptive or infringe upon the rights of third parties. An example of a deceptive username would be one that could be misinterpreted to indicate the auction for an item has ended, e.g. ENDED, Auction Over, etc. If we receive information that a username is in breach of these terms, the username may be amended or deleted by provider without prior notice. By registering for an account, you also consent to allow provider to access your account information to, among other things, investigate complaints or other allegations of abuse. Provider reserves the right to reject or revoke any user’s account at its sole discretion for any reason.
4. Unavailability of Service. You are subject to the laws of the state, city and any other legal entity (collectively "jurisdiction") in which you reside and/or from which you access this website and use its services. The laws governing auctions, contests and tournaments are set up by individual states, not by the federal government. Use of this website and its services is VOID WHERE PROHIBITED OR RESTRICTED BY LAW as well as VOID OUTSIDE OF THE UNITED STATES. If you open an account and/or participate in an auction offered on the website while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions and subject to having your account suspended or terminated. You hereby agree that provider cannot be held liable if laws applicable to you restrict or prohibit your participation. Provider makes no representations or warranties, implicit or explicit, as to your legal right to participate in any auction offered on the Website nor shall any person affiliated, or claiming affiliation, with provider have authority to make any such representations or warranties. You agree to determine whether participation in this website and its services is allowed in your jurisdiction and to abide by same.
5. Your Account. A. Account Responsibility. When you create your account, it constitutes a representation that you are an individual at least eighteen (18) years of age and are not a person barred from receiving the services offered under the laws of the United States or any other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as requested by the website's registration form (the "registration data") and to (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. You may modify your registration data by sending an email to support@snaglo.com. If you provide any information that is untrue, inaccurate, not current, incomplete or if provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, provider has the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of our services (or any portion thereof). You are responsible for paying all charges associated with the use of the service under your account.
B. Confidentiality Obligation. Once you have selected or been allocated a unique username and password ("identifiers") for your account, it is your responsibility and you agree to keep those identifiers secure and confidential. Some or all of the identifiers are required to access various areas of the website. In the event you are concerned that your identifiers are no longer secure and confidential, you should immediately notify provider by sending an e-mail to support@snaglo.com, whereupon you will be afforded the opportunity to select new identifiers. Any future transactions under the previous identifiers may be voided at the sole discretion of provider. Without limiting the foregoing, any transactions made and accepted on the website where your identifiers have been used (and where you have not previously notified provider as provided herein) will be treated as valid. During any service you may be required to confirm your identity and personal information by providing additional verification as reasonably requested by the provider. Your inability to provide such verification could result in your access to the website being suspended and/or bids being locked to allow for further investigation.
C. Transferability. Only one account is allowed per person. Your account is not transferable. You may not allow any other person to access your account, accept your merchandise or participate in any auction using your account information. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in an auction in your applicable jurisdiction, and in no event any person under the age of thirteen (13) years, to use your account or your identifiers in such a way that may breach the standards or laws in any jurisdiction where you are located and/or are a resident or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
6. How the Auctions Work.
A. Right to Bid. The rights to bid ("bids") must be purchased and paid for by you before you can start bidding. Bids can be purchased at the currently set prices, which can be viewed on the website. Payment will only be accepted via Authorize.Net. (See Paragraph 17 below.) Once a bid is placed in a given auction, the bid is deducted from your account and will not be refunded. Bids remain valid for one year after being credited to your account. Upon expiration the bids are cancelled and can no longer be utilized in an auction. Refunds will not be issued under any circumstances.
B. Bidding. Bids can be placed in two ways. You can manually click on the bid button or utilize the auto-bidder. The auto-bidder, auto-snagger, will allow you to automatically bid on auctions even if you are not online at the time of the auction by setting in advance bid specifications with the auto-snagger. You are prohibited from using bidding software not authorized by provider and doing so will result in immediate termination of your rights to use the service as discussed in section 9(B) below. Provider also reserves the right to limit the number of auctions you may participate in at a given time. Any bidding advice or other written materials posted on the website is provided solely as suggestions and is not intended to be relied upon by you. Provider is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.
C. Auction. The price of the item up for auction increases with each bid placed per the amount specified for that auction. If no amount is specified, the price of the item will increase 2 cents per bid. A bid submitted by you constitutes your willingness to enter into a binding contract with provider and, in the event of being the last bidder in the auction (the "purchaser"), to purchase the item won in the auction under the conditions set out in the auction. The contract to purchase the item does not come into effect until the auction is finished and the purchaser has followed all the steps as set forth to complete the purchase. An auction is deemed to have ended when the website shows that the auction is closed. The bidder who was the last to bid wins the auction and the right to purchase that item. All other bids placed on the item expire and will not be credited back to a user's account or be eligible for a refund. The purchaser of an auction item is determined by provider based on its records and such determination shall be "final and binding."
D. Purchase of Merchandise. The purchaser must actively confirm winning the auction by following the steps indicated on the website and paying the price for the item as well as the shipping costs ("total price"). After the purchaser has confirmed the win and paid the amount due, the purchaser will receive a confirmation e-mail. Delivery will not occur until the purchaser has paid the total price to provider. Provider reserves the right to retain the item purchased at auction until the total price has been paid in full. If an auction win has not been confirmed and paid within 14 days from the auction end date, provider will withdraw the offer to conclude a contract and the purchaser's right to pay for and receive delivery of that item will be permanently revoked. All bids placed in that auction expire and are non-refundable.
E. Delivery of Item. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the purchaser. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Please check notifications on the detail pages of the auctions in advance. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Provider shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to provider upon taking delivery. Should provider not be able to deliver the item ordered, provider shall be entitled to either substitute the item with a comparable replacement product with the same or better features or provide a refund of the auction end price to the purchaser based upon provider’s sole discretion.
F. Transfer of Title. The item delivered shall remain provider's property until payment is received in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full, the purchaser shall undertake to store the item separately from other possessions and to insure it.
7. Auctions.
A. Likelihood of Winning Auctions. The results of all auctions offered on the website depend on the number of bidders participating in such auctions and the skill of the bidders in such auctions. The likelihood of winning is, therefore, unquantifiable.
B. Purchasers' Lists. The Purchaser will be posted on the website immediately following each auction, except in the case of auctions with substantial (as determined by provider in its sole discretion) items up for auction, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential abuse. Please review rights of publicity release in section 10(E) below.
C. Determination of Purchasers. As discussed in section 6(C) above, the purchaser of each auction offered on the website will be determined by provider and such determinations are final. By registering and/or participating in any auction, you agree to be bound by these determinations.
8. Service and Support for Products Purchased. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms of service.
9. Termination.
A. Your Right to Terminate. You may terminate your account at any time by deleting it.
B. Provider's Right to Terminate. Provider reserves the right to terminate your account, limit or prohibit your participation in any auction for any reason including, but not limited to, any violation of the terms of service or improper conduct or abuse by you. Examples of such unauthorized usage include, but are not limited to, use of unauthorized third-party bidding software, set up of multiple accounts by the same individual or use of the website in prohibited jurisdictions. In the event of a breach of the terms of service, provider reserves the right to withhold deliveries or refunds for bids.
10. Intellectual Property Rights.
A. Copyright and Use Limitations. All website services and the compilation of all content included on this website are owned or licensed by provider and/or its affiliates and protected by United States and international copyright laws. Provider does not claim ownership of copyrights owned by third parties. You have been granted a license to view and use the service subject to the terms of service. Unless otherwise specified, the service on this website is for your personal and non-commercial use only. You may not sell or modify the service or reproduce, display publicly or otherwise use the service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from provider.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the internet. If you believe that your copyrighted work has been copied without your authorization and is available on this website in a way that may constitute copyright infringement, you may provide notice of your claim to provider's designated agent listed below. For your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on this website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number and an e-mail address at which the complaining party may be contacted;
(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Provider's designated agent is Creative Shopping, LLC, Attn: General Counsel, 416 Clematis Street, West Palm Beach, FL 33401. The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this website. All other inquires to the designated agent will not be answered.
C. Trademarks
Provider owns or has pending trademarks for its many goods and services, including without limitation, snaglo, and the associated graphics, logos and service marks that are trademarks of provider and may not be used without prior written consent of provider.
D. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions ("ideas") disclosed, submitted or offered to provider in connection with your use of this website shall become the exclusive property of provider. You agree that unless otherwise prohibited by law provider may use, sell, exploit and disclose the ideas in any manner, without restriction and without compensation to you.
E. Rights of Publicity. You agree to the use by provider of your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for promotions worldwide and in perpetuity in any and all forms of media, now known or hereafter devised, without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A PURCHASER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED ON A PURCHASERS' LIST.
11. Privacy and Protection of Personal Information. We respect the privacy of visitors to our website. Please see our Privacy Policy related to the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which provider collects, uses and discloses your personal identifiable information, is incorporated in and made part of these Terms and Conditions. If you do not agree to each and every part of our Privacy Policy, then you should not use the website or submit any personal identifiable information through this website. Questions regarding privacy issues should be directed to us at privacy@snaglo.com.
12. System Outage. A system outage occurs when bids cannot be submitted for items due to an unforeseeable disruption in the website or its systems. After the system outage has been resolved, the auctions will be continued. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction will not be credited back to your account and are not eligible for a refund of bids or any other costs incurred.
13. Maintenance and Other Problems. Provider conducts maintenance work on its system from time to time. If possible, we will notify you in advance of maintenance periods. Maintenance may affect all or only a portion of the website. Auctions may be unable to continue during a maintenance period. Auctions that have begun prior to such maintenance periods will end and not be extended into the maintenance period and any bids placed during such an event will be credited back to the user's account.
All other problems encountered during the use of provider's services, including those with regard to auctions, your account, etc., can be reported to provider when the problem is encountered at support@snaglo.com. Please be advised that, due to the fact provider deletes usage data after ninety (90) days, problems and errors cannot be reviewed after ninety (90) days have elapsed since the problem occurred.
14. Warranties and Limitations. You expressly agree that use of the website and its services is at your sole risk. Neither provider nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides or distributes products or services for provider, (collectively “providers”), or the like, warrant that websites affiliated with providers, including but not limited to, this website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code or other defects. The information, products and services published on this website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the website or as to the accuracy, reliability or currency of any information, content, service or merchandise provided through the website. Furthermore, provider shall not be responsible for any opinions, views, advice or statements posted about its service (including, without limitation, in any public posting areas of the service) by any person or entity other than an authorized provider or spokesperson, including without limitation, advertisers, content providers, you, other users, guests, independent writers and experts who are not authorized provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, you, other user, guests, independent writers or experts be relied upon for important personal decisions without independent verification by you.
A. Disclaimers. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE, INCLUDING E-MAIL. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS AND OUR TERMS OF SERVICE.
B. Limitation of Liability. PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM PROVIDER’S OWN NEGLIGENCE OR OTHERWISE AND THAT OF ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND AFFILIATES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORIES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU OR ANY OTHER USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER'S SERVICES OR ITEMS PURCHASED THROUGH PROVIDER, FROM INABILITY TO USE PROVIDER'S SERVICES OR ITEMS PURCHASED THROUGH THE WEBSITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF PROVIDER'S SERVICES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are dissatisfied with any portion of the website and/or services offered through the website, your sole and exclusive remedy is to discontinue your use of this website.
15. Disclaimers Regarding Items Purchased Through Provider. ALL ITEMS PURCHASED THROUGH THE WEBSITE ARE SOLD ONLY WITH THE MANUFACTURER'S LIMITED WARRANTY. THE WARRANTY PERIOD AND SERVICE VARIES BY MANUFACTURER AND ITEM PURCHASED. THERE IS NO WARRANTY FOR ANY USED ITEMS. PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ITEMS PURCHASED OR ANY RELATED SERVICES PERFORMED BY PROVIDER OR ANY OF ITS PROVIDERS IN CONNECTION WITH ANY ORDER. PROVIDER SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION OR MISUSE OF ITEMS PURCHASED BY USER OR ANY OTHER PERSON FOLLOWING DELIVERY. IN NO EVENT SHALL PROVIDER BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
16. Third Party Links. The website may contain links to other websites and may forward you to other websites within the same internet browser window. These websites are not under the control of provider, and the existence of a link on the website does not imply any endorsement of the linked websites by provider or any affiliation between provider and the owners of the linked websites. Provider makes no warranties or representations and disclaims all liability relating to the accuracy, content, terms of service, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency or any other aspect of the linked websites. You agree that provider has no responsibility to you with respect to such material. Provider encourages you to examine the privacy policies and/or terms of service policies of any third party website.
17. Authorize,Net. Provider uses Authorize.Net to process all payments. The information that we provide to and receive from Authorize.Net and the manner in which such information is used and disclosed is described in further detail in our Privacy Policy. You irrevocably authorize us, as necessary, to instruct Authorize.Net to process your credit card transactions and you irrevocably agree that provider may give such instructions on your behalf in accordance with your requests as submitted through the website. You agree that provider is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party except as a result of the gross negligence of provider or its employees.
18. Online Conduct. You agree to use the website and the services provided through this website only for lawful purposes and to behave in a fair and equitable manner when using the website and our services. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other accounts on the website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software or any script in association with the website that is intended to interrupt the functioning of the website, help you or another user achieve better results than could be achieved through the sole use of a mouse/keyboard or the website automatic bidder, or negatively influencing another user's controls; (ix) opening and/or using multiple accounts; (x) purposely causing an interruption or error in order to influence an auction, such as to cause the auction to prematurely end; (xi) cooperating or colluding with other users in a way that could create an advantage over novice users and thus diminish their opportunity for fair play and reduce their chances of purchasing at an auction; (xii) harassing other users; (xiii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xiv) causing any breach of the security of your account or the website; or (xv) breaching any of these Terms and Conditions, our Privacy Policy or our terms of service.
19. Circumvention. You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms and Conditions, our Privacy Policy or our terms of service, the service or any auctions offered through this website or otherwise interrupt or attempt to interrupt the operations of the website (collectively, a "circumvention act"). If provider determines, in its sole discretion, that you or any other user has engaged, or attempted to engage, in any circumvention act, used prohibited automated technology or otherwise unfairly altered your chances of winning an auction or otherwise committed fraud with regard to the website and its services, then, in such an event, provider reserves the right to institute civil or criminal proceedings against you or such other user and to report you or such other user to the relevant regulatory authorities.
20. Security. If you use this website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc., that may track any data you enter via this website, including e-mail addresses, credit card numbers and any other payment related information. In addition, you are responsible for maintaining the confidentiality of your account information, username and password and for restricting access to your computer and you specifically agree to accept responsibility for all activities that occur under your account, username or password. You agree to (a) immediately notify provider of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Provider cannot and will not be held liable for any loss or damages arising from your failure to comply with this section. Provider reserves the right to monitor all network traffic to its website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to its website in any fashion. You and anyone else using its website expressly consents to such monitoring.
21. Indemnification. You agree to defend, indemnify and hold harmless provider and its subsidiaries, agents, managers and other affiliated companies and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees and costs of litigation arising out of or relating to: (a) your use of the website or the service, including any data or work transmitted or received by you or any service provider; (b) any other party's access and use of the website or the service with your unique identifiers, except where you have previously notified provider that you believe such Identifiers are no longer secure and confidential and have taken the steps required by provider to secure new identifiers; (c) your connection to provider's site; (d) your violation of these Terms and Conditions, our Privacy Policy or our the terms of service; (e) your violation of any rights of a third party or service provider; or (f) the provider’s own sole negligence including the negligence of its officers, directors, agents, employees and affiliates.
22. Litigation, Applicable Law, Jurisdiction and WAIVER OF TRIAL BY JURY. Any litigation arising as a result of your use of our website shall be brought in the courts of Palm Beach County, Florida. To the extent you have in any manner violated or threatened to violate provider’s intellectual property rights, we may seek injunctive, equitable or other appropriate relief in the state or federal courts in Palm Beach County, Florida. You specifically, unconditionally and irrevocably consent to exclusive jurisdiction and venue in the state and federal courts in Palm Beach County, Florida. All suits shall be determined in accordance with the laws of the State of Florida, without regard to conflicts of laws provisions. To the fullest extent permitted by applicable law, no suit under these Terms and Conditions, our Privacy Policy or our terms of service shall be joined to any other suit involving any other party, whether through class action proceedings or otherwise. You understand that, in the absence of this provision, you could have had the right to litigate claims on a class-wide or class action basis and that you have expressly and knowingly waived those rights and agreed to resolve any disputes in accordance with the provisions of this paragraph. For the purposes of this provision, “litigation” will be construed as any dispute, controversy or claim arising out of or relating to: (i) these Terms and Conditions, our Privacy Policy and our terms of service, their interpretation or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from provider or providers; or iii) any other dispute arising out of or relating to the relationship between you and the providers. Provider reserves the right to make changes to its website and these Terms and Conditions, our Privacy Policy and our terms of service at any time. You understand that you might be entitled to a trial by jury in Palm Beach County, Florida, and hereby SPECIFICALLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.
23. Waiver/Severability. The failure of provider to require or enforce strict performance by you of any provision of these Terms and Conditions, its Privacy Policy or terms of service or to exercise any right under them shall not be construed as a waiver or relinquishment of provider's right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms and Conditions, our Privacy Policy and terms of service are intended to be severable. If for any reason any provision of these Terms and Conditions, our Privacy Policy or our terms of service shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, our Privacy Policy or our terms of service, which shall continue to be in full force and effect.
24. Statue of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website, our Terms and Conditions, our Privacy Policy and our terms of service must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
25. Changes. You are hereby advised that provider reserves the right to change the manner in which it delivers its services, offers items for auction (including the associated charges for bidding) and otherwise conducts its business. To the extent possible, such changes will be reflected on the website or in the terms of service. Notwithstanding the foregoing, your failure to receive notification shall not obviate your obligations to us. We reserve the right to change the amount of any fee or charge and to institute new fees or charges.
26. Entire Agreement. These Terms and Conditions, our Privacy Policy and our terms of service constitute the entire agreement between us with respect to the subject matters covered therein and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, our Privacy Policy or our terms of service will be effective only if in writing and signed by provider.
NOTE: WE WOULD LIKE TO ADVISE ALL USERS TO MONITOR THEIR BIDDING PRACTICES. REPEATEDLY PLACING BIDS ONLINE AT WWW.SNAGLO.COM CAN INCUR HIGH COSTS. USERS SHOULD THEREFORE PAY ATTENTION TO THEIR BIDDING PRACTICES AND CHECK THEIR CHARGES.
Users are reminded to print all transaction data, payment methods and these Terms and Conditions, our Privacy Policy and terms of service in order to avoid misunderstandings at a later time.
