Terms and Conditions of Auction
PLEASE READ THESE TERMS CAREFULLY.
If you do not accept the terms stated here, do not use the Website. This Agreement contains the complete terms that apply to your use and participation, and by using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Website. If you find changes in these terms that are unacceptable, you should discontinue your use of the Website. Your right to use the Website will terminate immediately, without any further action by NarrowWebExchange.com, if you breach any terms of this Agreement.
Section 1. General Terms – Content and Communications
(a) The Website is a venue to provide users a direct buyer-to-seller, on-line, virtual marketplace to facilitate the listing of, and bidding on, used equipment including data and information about goods and equipment listed on the Website. The Website may contain inaccuracies or typographical errors. The Website may also contain third party advertisements. Advertisements posted on the Website may have inaccurate dates or may have expired. NarrowWebExchange.com does not have control over third party advertisements, sales, offers, promotions and related information published on the Website. Any decisions you make facilitated through the Website are strictly on your own. The use, posting, distribution, or publication of any content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by NarrowWebExchange.com, nor an assurance of legality, quality or safety by NarrowWebExchange.com. NarrowWebExchange.com shall not be responsible for any third-party advertisements, offers, sales, or purchases. Prices and details of third-party advertisements, promotions, specials and sales may significantly vary from that posted on the Website. Users should confirm the accuracy of the third-party advertisements directly with that third party.
(b) NarrowWebExchange.com reserves the right to expel users and prevent their further access to the Website for violating the Agreement or the law. Parents and guardians are solely responsible for use of this site by their children under the age of eighteen.
Section 2. Copyright and Trademark
(a) Copyright; Prohibition Against Copying. The contents of the Website, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), or content provided through the Website (the “Material”), are protected by copyright under both United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark and other laws. Regardless of the extent to which the Material is protected by copyright, you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by NarrowWebExchange.com. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on any other Website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of NarrowWebExchange.com, is prohibited.
(b) NarrowWebExchange.com is a trade name and trademark of NarrowWebExchange.com. LLC and may not be used by the user in connection with any product or service that is not offered by NarrowWebExchange.com, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits NarrowWebExchange.com.
Section 3. Disclaimer of Liability
(a) NarrowWebExchange.com, LLC does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website results in the need for servicing or replacing equipment or data, NarrowWebExchange.com, LLC is not responsible or liable for those costs. NarrowWebExchange.com, LLC does not guarantee continuous, uninterrupted or secure access to the Website, and numerous factors outside of NarrowWebExchange.com, LLC’s reasonable control may interfere with operation of the Website. The Website may contain links to third-party Websites. These links, if any, are provided solely as a convenience to you and not as an endorsement by NarrowWebExchange.com, LLC of the content on such third-party Websites. NarrowWebExchange.com, LLC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk.
(b) The Website and the listings included on the Website are provided without any warranties of any kind. NarrowWebExchange.com, LLC makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the listings, content, services and links. Use of the Website is at your own risk.
Section 4. Limitation of Liability
(a) In no event shall NarrowWebExchange.com, LLC, its members, managers, affiliates, agents, suppliers, partners, information providers, and their respective employees, contractors and agents or any third parties mentioned at the Website be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use of or inability to use the Website, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not NarrowWebExchange.com, LLC or such other parties are advised of the possibility of such damages. In no event shall NarrowWebExchange.com, LLC be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Website or any of its content.
(b) Each party recognizes and agrees that the warranty disclaimers, liability and remedy limitations in this agreement are material bargained for basis of this agreement to use the Website and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement to use the Website pursuant to the terms and conditions.
Section 5. Indemnity and Release
(a) As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold harmless NarrowWebExchange.com, LLC, and its members, managers, owners, employees, agents, partners, information providers, and affiliates (collectively, the “Indemnified Parties”) from and against any and all damages, liability, claims, actions, demands and costs in connection with any claim arising out of this Agreement and the use as well as contents of the Website, including, reasonable attorney’s fees and costs.
(b) If you have a dispute involving the Website with a third-party, you agree to release NarrowWebExchange.com, LLC from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of the use and contents of the Website.
Section 6. Miscellaneous