TERMS AND CONDITIONS OF USE
DropAndGo! Auction ('DAGA'), provides the information and services on its World Wide Web site under the following terms and conditions. By accessing and/or using our Web Site, you indicate your acceptance of these terms and conditions.
I. DISCLAIMERS AND LIMITATION OF LIABILITY User expressly agrees that use of DropAndGoAuction.com is at User's sole risk. Neither DropAndGoAuction.com, nor its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, "Providers"), or the like, warrant that DropAndGoAuction.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of DropAndGoAuction.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through DropAndGoAuction.com. The information contained on DropAndGoAuction.com does not offer legal advice. You should not take action based upon this information without consulting legal counsel. We are not creating nor intend to create an attorney-client relationship merely by providing this information on our Web site.
THIS SITE IS PROVIDED BY DROPANDGOAUCTION.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. DROPANDGOAUCTION.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DROPANDGOAUCTION.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DROPANDGOAUCTION.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DROPANDGOAUCTION.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall DropAndGoAuction.com or any other party involved in creating, producing, or distributing DropAndGoAuction.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use DropAndGoAuction.com, including but not limited to reliance by a User on any information obtained from DropAndGoAuction.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to DropAndGoAuction.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through DropAndGoAuction.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
II. PROPRIETARY RIGHTS
User acknowledges that DropAndGoAuction.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and DropAndGoAuction.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
III. ONLINE CONDUCT
User agrees to use DropAndGoAuction.com only for lawful purposes. User is prohibited from posting on or transmitting through DropAndGoAuction.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If DropAndGoAuction.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through chat or online review), DropAndGoAuction.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from DropAndGoAuction.com.DropAndGoAuction.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate DropAndGoAuction.com; or (iii) to protect the rights or property of DropAndGoAuction.com, its Users or Providers. DropAndGoAuction.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, DropAndGoAuction.com, the communities that make up DropAndGoAuction.com, or any rights of DropAndGoAuction.com or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither DropAndGoAuction.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither DropAndGoAuction.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on DropAndGoAuction.com.
IV. TERMINATION OF USAGE
DropAndGoAuction.com may terminate User's access, or suspend any User's access to all or part of DropAndGoAuction.com, without notice, for any conduct that DropAndGoAuction.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or DropAndGoAuction.com.
V. APPLICABLE LAW
This site is created and controlled by DropAndGoAuction.com in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. DropAndGoAuction.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through DropAndGoAuction.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.
ACKNOWLEDGMENT The Terms and Conditions of Use, including all documents referenced herein, represents the entire understanding between you and DropAndGoAuction.com regarding your relationship with DropAndGoAuction.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE by using the DropAndGoAuction.com web site. The aforementioned Terms and Conditions of Use are subject to change at any time.