Terms and Conditions
This Agreement was last modified on August 10th, 2020.
These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with “Auction Ahead,” its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Auction Ahead for violations of these Site Terms.
OWNERSHIP OF THE SITE AND ITS CONTENTS
The Site is owned by Auction Ahead Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Auction Ahead” Content”), is owned by Auction Ahead, its licensors, or its third-party image partners. All elements of the Site, including the Auction Ahead Content, are protected by copyright, trade dress, moral rights, trademark, and other laws relating to the protection of intellectual property.
USE OF THE SITE
The Site and the Auction Ahead Content are intended for customers of Auction Ahead. You may not use the Site or the Auction Ahead Content for any purpose not related to your business with Auction Ahead. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Auction Ahead Content without, or in violation of, a written license or agreement with Auction Ahead; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Auction Ahead Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Auction Ahead product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the Auction Ahead Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercializing the Site or the Auction Ahead Content without specific written authorization from Auction Ahead; and (h) using the Site or the Auction Ahead Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Auction Ahead has adopted a policy of terminating, in appropriate circumstances and at Auction Ahead’ sole discretion, account holders who infringe the intellectual property rights of Auction Ahead or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Auction Ahead Trademarks, the Auction Ahead logo, and any other product or service name or slogan contained in the Site are trademarks of Auction Ahead and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Auction Ahead or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Auction Ahead” or any other name, trademark, or product or service name of Auction Ahead without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Auction Ahead and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Auction Ahead, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Auction Ahead immediately of any unauthorized use of your account or another breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Auction Ahead.
All payments must be paid in US dollars. Credit and debit cards. You can pay by credit card VISA, MASTER CARD, Discover Network, and American Express from Auction Ahead. This will notify us by e-mail when you have made your payment. From the notification, in a period of no more than 48 hours, your payment will be validated to start processing your order.
You agree to defend, indemnify and hold harmless Auction Ahead, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Auction Ahead Content, or your violation of any rights of another.
THE SITE AND THE Auction Ahead CONTENT, ARE PROVIDED “AS IS” AND Auction Ahead AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Auction Ahead WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE Auction Ahead CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Auction Ahead, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE Auction Ahead CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE Auction Ahead CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Auction Ahead uses reasonable efforts to ensure the accuracy, correctness, and reliability of the Auction Ahead Content, but we make no representations or warranties as to the Auction Ahead Content’s accuracy, correctness, or reliability.
Auction Ahead offers a search feature within the Site. Auction Ahead explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Auction Ahead also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some USA states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Auction Ahead, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE Auction Ahead CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Auction Ahead, 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 Auction Ahead’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Auction Ahead, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Auction Ahead FOR ACCESS TO OR USE OF THE SITE.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of México. This site is owned by Auction Ahead and may be accessed in Mexico and abroad.
Notwithstanding any of these Site Terms, Auction Ahead reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Auction Ahead. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
CHANGES TO SITE TERMS
Auction Ahead reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.