1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
By completing the registration process to become a member ("Member") of the
Savingland.com Auction (Savingland.com) Web site (the "Site"), you accept and
agree to be bound by the terms of service, operating rules, Privacy Policy of
Savingland.com Auction, published by Savingland.com Auction as described below
(all such terms of service, operating rules and/or policies as they may be
amended from time to time shall hereinafter be referred to as these "Terms and
Conditions of Use"). Members may be referred to as "Member," "User," "Buyer"
when a Member is being described as acting as a buyer in a transaction, "Bidder"
when a Member is being described as bidding on an asset in order to act as a
potential Buyer in a transaction, and "Seller" when a Member is acting as a
seller in a transaction. These Terms and Conditions of Use comprise the entire
agreement between Member and Savingland.com Auction and supersede all prior
agreements between the parties, regarding the subject matter contained herein.
In addition to agreeing to these Terms and Conditions of Use, you also accept
and agree to be bound by the Seller?s additional conditions of sale, either in
the asset listing or on a Seller?s storefront, so long as those conditions of
sale are not in violation of these Terms and Conditions of Use or unlawful.
If you are registering as an individual, you expressly represent and warrant
that you have the capacity under applicable law to enter into a legally binding
contract; If you are applying as a legal entity, you expressly represent and
warrant that you have been duly authorized by your company, partnership, or
other legal entity to enter into agreements on behalf of that entity.
1.2 DESCRIPTION OF Savingland.com Auction SERVICE
Savingland.com Auction provides an online venue for Sellers to list assets for
sale and for Buyers to locate assets for purchase in order to facilitate the
transfer of ownership of assets ("Assets"). The Assets available through the
Site are offered by Sellers and not by Savingland.com Auction. Savingland.com
Auction is not a party to the offer or sale of these Assets, does not own the
Assets listed on the Site (unless so indicated), and only provides the technical
means for the offer and sale of the Assets. You acknowledge that Savingland.com
Auction is not an 'auctioneer.' Although we are sometimes referred to as an
online auction, it is important to realize that we are not a traditional
auctioneer. Savingland.com Auction does not ensure that a Seller and Buyer will
complete a transaction. Savingland.com Auction is not responsible for
fulfillment of any Asset sale or for facilitating the delivery of said Asset(s).
Although Savingland.com Auction may supervise the content of information of the
Site (see "Supervision of Content" below), Savingland.com Auction does not
assume responsibility for verifying the material, content and information on its
Site and is not responsible for any damages, losses, expenses or other injuries
incurred by any Member as a result of relying on any material, content and
information posted on the Site.
1.3 MEMBER REGISTRATION AND INFORMATION
(a) Registration Data. Each Member expressly agrees to: (1) provide certain
current, complete, and accurate information about Member as prompted to do so,
and (2) maintain and update this information as required to keep it current,
complete and accurate. Furthermore, Member grants Savingland.com Auction the
right to use Member-related data for purposes described in the Savingland.com
Auction Privacy Policy. Member is further directed to review the Savingland.com
Auction Privacy Policy for further information concerning the collection and
usage of Member information. Savingland.com Auction membership is
non-transferable. If any information provided by Member is incomplete or
inaccurate, Savingland.com Auction retains the right to terminate Member's
rights to use the Site. The Savingland.com Auction site is a private venue;
Savingland.com Auction may deny access to its site at its sole discretion, and
for any reason or for no reason. Providing false or fraudulent Member
information could subject a Member to criminal or civil liability as well as
being a violation of these Terms and Conditions of Use. Member may change
personal information on its existing membership account only to update the
Member account.
(b) Username and Password. Once a party becomes a Member of the Site, the Member
will select a username and a password. Members are entirely responsible for
maintaining the confidentiality of their usernames and passwords. Furthermore,
Members are entirely responsible for any and all activities which occur under a
Member's username and password. Member agrees to immediately notify
Savingland.com Auction of any unauthorized use of Member's username or any other
breach of security known to Member. Savingland.com Auction may terminate the
membership of any Member due to the misuse, improper use or unauthorized use of
their username, password or this Site. Savingland.com Auction shall not be
responsible and the Member shall defend, indemnify and hold harmless
Savingland.com Auction for any actual, special, consequential or incidental
losses or damages arising from the misuse, improper use or unauthorized use of
their username, password or this Site.
II. Conduct Of Auctions On The Site
2.1 PROCEDURE FOR CONDUCTING AUCTIONS
All items are listed for the specified bidding periods (the "bidding") shown on
the Site and are deemed "sold" at the close of bidding set at a time
pre-determined by the Seller. Each Asset will have a description and disclosure
information on the Site, as well as any additional conditions of sale provided
by the Seller. Once bidding commences, Bidders may make a bid at any time prior
to closing of the bidding. All Assets will have a minimum bid price disclosed on
the Site. For certain Assets, the Seller may impose a reserve price, which is
not disclosed on the Site. If there are no bids above the minimum bid or reserve
price (whichever is higher), then the Seller is not obligated to sell the item
listed. After bidding closes on each Asset, Savingland.com Auction will send the
highest Bidder and Seller an e-mail detailing the highest bid and contact
information (a "Sold Notice"). In all auctions, a Buyer who is designated as the
winning bidder on the Asset listing, whether or not they receive a Sold Notice,
is legally bound to buy the Asset at the quoted bid amount (see "Contractual
Obligations of Buyers and Sellers" below), and the Seller is legally bound to
sell the Asset, pursuant to these Terms and Conditions of Use subject to the
additional conditions of sale specified by Seller. The Seller is obligated to
contact the winning Bidder within two (2) business days to complete the
transaction (or the Seller may engage a representative, including Savingland.com
Auction, to contact the winning Bidder on the Seller's behalf, pursuant to prior
agreement). The winning Bidder is also obligated to contact the Seller within
two (2) business days to complete the transaction. After two (2) business days,
if the Seller is unable to contact the winning Bidder for whatever reason, the
Seller may in its sole discretion (a) continue to attempt to contact the high
Bidder with assistance from Savingland.com Auction or (b) re-list the Asset on
the Site. Once the parties are in contact, the Seller and winning Bidder shall
complete the settlement of the purchase and sale of the Asset pursuant to
"Settlement of Transactions" below.
2.2 EXTRAORDINARY CIRCUMSTANCES; LIMITED RIGHTS TO RE-OPEN AUCTION
Notwithstanding anything herein to the contrary, in the rare event of a
documented interruption in service, technical error or other exceptional
circumstance of a similar nature (defined by and determined at the sole
discretion of Savingland.com Auction and its affiliates), with respect to the
services provided by Savingland.com Auction or its affiliates (excluding
technical errors with the Member?s own equipment or Internet connection), the
Seller for any adversely affected auction shall have the right, within two (2)
business days after such auction has closed, or a ?Sold Notice? issued, to
direct Savingland.com Auction to re-open such auction. In such a case, the
affected ?Sold Notice? shall immediately become void and of no force and effect.
Savingland.com Auction shall promptly send an email to all documented Bidders,
including any Bidder that received a ?Sold Notice?, specifying the details
pursuant to which the affected auction shall be re-opened. At the direction of
the Seller, participation in the re-opened auction may be restricted to only
those who participated in the original auction. Bidders must make claims of
interruption in service or technical error with respect to the services provided
by Savingland.com Auction within one (1) business day after an auction has
closed. Savingland.com Auction will make final determination that there has been
a documented interruption in service or technical error on the Savingland.com
Auction Site that has impacted the Member?s ability to place a bid. However, the
decision to re-open any auction shall continue to be at the sole discretion of
the Seller.
2.3 SETTLEMENT OF TRANSACTIONS GENERALLY
(a) Settlement between Seller and Buyer. The settlement of a purchase and sale
of an Asset following a completed bidding process shall be conducted pursuant to
this Section, unless otherwise provided in the Seller's conditions of sale or in
a written agreement executed by the Buyer and Seller. Unless otherwise provided
in the Seller's conditions of sale or otherwise agreed upon by the Seller and
Buyer in writing, final settlement shall take place no later than five (5)
business days after Buyer is given a Sold Notice. Sellers shall provide unsigned
copies of any documents of transfer or other necessary settlement documents to
the Buyer within two (2) business days of receiving the Sold Notice. In order to
conduct settlement, the Buyer shall send the full purchase price (including any
Buyer?s Premium, minus any deposit previously paid) to the Seller pursuant to
payment information provided no later than two (2) business days after a Sold
Notice is issued. Upon receipt of the full purchase price, the Seller shall send
the fully executed settlement documents, as appropriate, to Buyer by overnight
mail at Seller's expense. In some real estate transactions, the delivery of an
Asset may take longer if there is an administrative delay in the transfer of
ownership through no fault of the Seller. However, to ensure a timely transfer
of the real estate title, the Seller is required to submit all necessary
transfer documents to the appropriate jurisdiction within five (5) business days
after the Seller receives payment in full from the Buyer. If the Seller is
unable to convey a clear title to the property, the winning bidder will not be
considered a non performer.
(b) Return and Refund Policy. Savingland.com Auction requires all Sellers in
certain asset categories (for example, jewelry, coins, and artwork) to provide a
return and refund policy in their listings. The Savingland.com Auction policy
states that a 100% return/refund policy is required for any auction in these
categories that includes an appraisal, certification, or stated/estimated retail
value.
If the asset listing does not include an appraisal, certification, or
stated/retail value, the Seller may charge a restocking fee (not to exceed 15%
of the total transaction price) to offset the cost the Seller incurs for
accepting a return and issuing a refund. Refunds will not include the Seller's
original shipping and insurance charges.
To ensure fairness for both parties, the Buyer must contact the Seller within
ten (10) calendar days from receipt of the item and return the item within
fifteen (15) calendar days to the Seller. The cost of return shipment will be
the responsibility of the Buyer. Savingland.com Auction recommends that the
returned item be shipped return receipt and be insured. The item must be in its
original condition, not worn or altered, any identifying tags must not be
removed and all original documents must accompany the item return. The Seller
must have possession of the item within fifteen (15) calendar days from the day
the Buyer received the item; otherwise it is at the Seller?s discretion whether
or not to provide a refund. Savingland.com Auction requires that the Seller
promptly send the refund within ten (10) calendar days after receiving the
returned item.
All returns and refunds must be handled directly by the Buyer and Seller. Please
review the Savingland.com Auction, LLC. Seller Guide for more information. Abuse
of our return policy will not be tolerated. Savingland.com Auction has the right
to suspend any Buyer with frequent and excessive returns.
(c) Appraisal and Certification Policy. Savingland.com Auction does not require
a Seller to provide an appraisal, grading card or certification of authenticity
for auctions listed on the Savingland.com Auction site. However, if such
documentation is used, it must identify the item, and specify the qualifications
and contact information of the appraiser/grader/certifying entity. Documents
showing valuation or grading that are internally generated by the Seller or by
an affiliate of the Seller must be noted as an ?In-house Appraisal? and include
the appraiser?s name and contact information. Any asset listing not clearly
displaying the source of the appraisal or contact information may be removed
from the Web site.
Independent and third party appraisals must be clearly indicated and include the
company name and contact information. An independent appraiser/third party
appraiser must have no other revenue relationship with the Seller except for the
services related to determining value.
2.4 Seller Rating System
After the close of the auction, the Buyer has the opportunity to rate the Seller
on the following categories: Product Quality/Value, Communication, and Ease of
Transaction. The Seller is rated on a score of 1-5 stars, with 1 star being very
dissatisfied and 5 stars being very satisfied. This rating system will provide
prospective Bidders with useful feedback from past transactions with the Seller.
The requirements and restrictions include the following: Only the winning Bidder
may submit feedback for each auction, no comments can be entered or posted and
only winning Bidders with an active account can submit a rating. Sellers are
restricted from marketing this feedback rating on any other online or offline
venue. The overall star rating system will be posted on each of the Seller?s
auction listings. This can be found by the Seller?s name with the number of
feedback ratings in parenthesis.
2.5 Seller Identity Verification
In order to protect the reputation of its Sellers and to provide an added
measure of security for its Buyers, Savingland.com Auction may maintain an
Identity Verification Procedure via one of the credit reporting agencies. The
Identity Verification Procedure is one tool in enhancing the Internet buying
experience. However, this Identity Verification Procedure should be used in
conjunction with other buyer protection tools, such as the Savingland.com
Auction Seller Rating System and the Jewelry Refund Policy. We also encourage
Bidders to communicate directly with potential trading partners through the
tools available on the Site. Bidders may also wish to consider using a reputable
third party escrow service. Ultimately, the Seller and Buyer are responsible for
successful completion of a transaction. Despite the tools offered to its
Members, Savingland.com Auction cannot guarantee the completion of a transaction
between a Seller and a Buyer. See Section V. for an explanation of
Savingland.com Auction?s responsibilities and limitation of liabilities, as well
as available dispute resolution alternatives.
III. Responsibilities Of Buyers And Sellers
3.1 WHO CAN BID?
Bidders must register with Savingland.com Auction as a Member and be capable of
forming legally binding relations under applicable law. The services provided by
Savingland.com Auction are not available to individuals under the age of 18
years old and any other individuals who are legally prohibited from, or
otherwise incapable of, entering into binding contracts. Sellers may not bid on
their own auctions. Sellers may not manipulate prices of auctions by having
others bid on their assets for them. First time Bidders must provide a valid
major credit card as a security measure before entering a bid. A Seller may
request that Savingland.com Auction restrict the right of a particular Member to
bid on that Seller?s auction(s).
3.2 WHO CAN SELL?
Sellers must be the rightful owners, or authorized by the owners of such
property, a court of law, or through power of attorney to sell an Asset. Upon
request by Savingland.com Auction, Sellers must produce evidence of ownership
and/or authorization to sell on Savingland.com Auction. Sellers may be required
to complete an Identity Verification process prior to listing an Asset for sale
on the Savingland.com Auction site. Sellers may be requested to provide certain
personal information to confirm his or her identity through a third-party
processor or other means.
Notwithstanding the foregoing, Savingland.com Auction shall have no liability
whatsoever for errors or omissions in connection with the Identity Verification
process and Savingland.com Auction makes no warranties that such process is or
will be error free.
3.3 CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS
(a) Terms and Conditions of Use As Contract. These Terms and Conditions of Use,
together with any additional conditions of sale provided by a Seller for a
particular Asset disclosed on the Site, comprise a contract between a Seller and
the winning Bidder in any completed auction. By bidding on an Asset a Bidder
agrees, and by listing an Asset on the Site a Seller agrees, to be bound by
these Terms and Conditions of Use and the Seller's conditions of sale included
in the Asset's description, so long as those conditions of sale are not in
violation of these Terms and Conditions of Use or unlawful. In the event of any
direct conflict between these Terms and Conditions of Use and any conditions of
sale provided by a Seller, then these Terms and Conditions of Use shall control.
(b) Offer and Acceptance - Binding Contract Between Buyer and Seller. A bid made
by a Buyer is an offer to purchase the Asset from the Seller at the stated bid
price. The bid is an irrevocable offer, subject only to material changes in the
description of an Asset made after such bid is placed by a Buyer. Buyers are
required to conduct any research or due diligence of an Asset prior to making a
bid. All Assets are listed and sold on an "as is" "where is" basis, unless
otherwise indicated by the Seller on the auction listing. If a Buyer bids on an
Asset and that bid represents the highest bid for that Asset, and the highest
bid is at or above the Seller's minimum and/or reserve price (whichever is
higher), the Buyer's bid is deemed accepted by the Seller (subject to these
Terms and Conditions of Use, including the right of a Buyer to change or retract
a bid in the event of a material change in the description of the Asset, as set
forth below), except for exceptional circumstances, such as a material
typographical error. Once the Seller accepts a Buyer's bid, the Buyer is
obligated to purchase the Asset at the price he/she offered and pursuant to
these Terms and Conditions of Use and the Seller's conditions of sale. If a
Seller receives at least one bid at or above the Seller's stated minimum price
(or in the case where the Seller has set a reserve price, at or above the
reserve price), the Seller is obligated to complete the transaction with the
highest Bidder upon the completion of the bidding, except for an exceptional
circumstance, such as a material typographical error or other conditions stated
in these Terms and Conditions of Use. The Seller's conditions of sale may
provide for a specific form of purchase agreement to be executed by the Seller
and winning Bidder after the auction closes. In the absence of a specific form
being provided by the Seller in the conditions of sale, the Seller or the
winning Bidder may request that the parties execute a standard form of purchase
agreement, consistent with these Terms and Conditions of Use and the Seller's
conditions of sale, to memorialize and confirm the agreement between the
parties. Sellers and Buyers agree to act reasonably and in good faith in
negotiating and entering into a written purchase agreement if requested by
either party.
(c) Completing a Settlement. The Seller and the Buyer are jointly and equally
responsible for completing the sale of an Asset. After the online bidding is
complete, unless otherwise indicated/engaged, the Seller is responsible for
taking all necessary actions to complete the sale once a winning Bidder is
identified to the Seller. Savingland.com Auction retains the rights to terminate
a Seller's rights to use the Site in the event a Seller fails to perform its
obligations to settle on a completed auction. Similarly, the Buyer is
responsible for taking all necessary actions to complete the sale.
Savingland.com Auction retains the right to terminate a Buyer?s rights to use
the Site in the event a Buyer fails to perform its obligations to settle on a
completed auction. If an Asset is located in the U.S. and the Seller requests
that you send funds outside the U.S., do not send funds before contacting Client
Services at contact@savingland.com
(d) Material Change in Description of Asset. Savingland.com Auction may allow
Sellers to change their asset listing prior to acceptance of the first bid;
however, the date of the change will be noted on the listing after bidding
commences. In the event a Seller materially changes the description of an Asset
after the commencement of the bidding process, then all Bidders who have
previously made a bid on such Asset will be notified by e-mail that the
description of the Asset has been materially changed. Such Bidders will then
have three (3) business days (or another period provided in a notice to such
Bidders) to amend or retract his/her/its bid, after which time all bids will
remain irrevocable.
(e) Other Conditions of Purchase and Sale. All purchases and sales of Assets and
use of the Site by Members shall be conducted in compliance with applicable law.
Purchases made on the Site are entirely without recourse to Savingland.com
Auction. All Members acknowledge and agree that closing of all sales of Assets
may be subject to final approval of a court (including a bankruptcy court ) or
other agency and that if such approval is not obtained, the Seller may withdraw
such Asset after a completed bidding process without any recourse or liability
on the part of Seller. In the case of a sale of any Asset(s) from a bankruptcy
estate, a sale is not final until a bankruptcy court gives final approval of the
sale.
(f) Enforcement of Buyer and Seller Contract Obligations. All Members are third
party beneficiaries of these Terms and Conditions of Use, and Buyers and Sellers
shall be entitled to enforce the provisions hereof and may pursue legal action
against each other for non-performance of any provision hereof, including
without limitation, non-performance of a purchase and sale after a completed
bidding process. In addition, Savingland.com Auction retains the right to
terminate a Member's rights to use the Site in the event a Member violates these
Terms and Conditions of Use.
(g) Conducting Due Diligence. Bidders are required to conduct any research or
due diligence of an Asset that they wish to conduct prior to making a bid.
Bidders wishing to physically inspect Assets seen on the Site may make
arrangements to do so at Seller's discretion. The Asset description may contain
information regarding inspections and other due diligence opportunities
available. However, in the case of an Asset such as a promissory note, mortgage,
or other Asset that involves a payer or debtor or other third party that is not
a Seller and not part of the purchase and sale transaction on this Site, then
Bidders are strictly prohibited from contacting such payers, debtors, or other
third parties until the bidding is complete, the winning Bidder has paid for the
Asset in full, and the purchase and sale of the Asset is settled. Permitted due
diligence includes reviewing the Seller's description of an Asset, as well as
reviewing land records, tax records, appraisals, and other publicly available
sources.
3.4 OTHER RESPONSIBILITIES OF THE SELLER
(a) Description of Assets. The Seller must accurately describe Assets in a
listing provided for inclusion on the Site and shall be liable for any
misstatements or omissions in such description. Seller must disclose any and all
outstanding encumbrances such as mortgages and taxes due, or outstanding notices
such as utility cutoff notices. Failure to accurately describe an Asset may be
fraudulent and may subject a Seller to civil and/or criminal liability, as well
as being a violation of these Terms and Conditions of Use. Savingland.com
Auction retains the right to terminate a Seller's rights to use the Site in the
event a Seller includes material misstatements or omissions in an Asset's
description. Seller further agrees to indemnify and hold harmless Savingland.com
Auction against any action brought against Savingland.com Auction by any person
or entity arising out of or due to any action or omission of the Seller whether
said action or omission is described herein or not, or may otherwise relate to
any transaction by the Seller or any third party. Prior to listing an Asset, the
Seller shall provide to Savingland.com Auction any terms or conditions of sale
for particular Assets in addition to these Terms and Conditions of Use. Seller
will not reference, directly or indirectly, other Sellers? auctions or terms,
nor include negative comments regarding other Seller?s auctions or terms in
their listings.
(b) Compliance with All Applicable Laws. Sellers are also responsible for
complying with all applicable local, state, federal, or foreign laws, rules,
regulations and legal approvals regarding the sale of any Assets, including
without limitation, bankruptcy court approvals, federal and state securities
laws regarding the sale of any Assets that may be deemed a "security," Seller
disclosure laws for any real estate Asset, including environmental and broker
licensure laws, export licensing and laws governing the sale, packaging,
shipment, distribution and labeling of products, published materials or
information, and all other applicable local, state, federal, or foreign laws,
rules and regulations pertaining to the sale of any Assets. Sellers are solely
responsible for ensuring that all items offered for sale are offered in full
compliance with any applicable legal limitations or restrictions.
(c) Linking With Other Web Sites or Information. No listing shall establish a
link to (i) any Web address not pertaining directly to the asset listing, (ii)
any private Web page with site navigation enabled, (iii) any promotion of email
alerts for items not listed on Savingland.com Auction, (iv) any reference to
auctions listed on sites other than Savingland.com Auction, or (v) any
advertisement or statement for any business, individual, organization, concept
or entity. If prohibited links are found after the listing is live,
Savingland.com Auction has the right to cancel that auction or classified
listing without notice. No refunds will be issued for such violations.
(d) Accepting Risk of Buyer's Ability to Complete a Transaction. Sellers
acknowledge and agree Savingland.com Auction does not provide any
representations with regard to the ability of Bidders to pay Sellers the bid
price for the Asset being sold.
(e) Payment of Fees to Savingland.com Auction. Savingland.com Auction' fees are
posted on the Site. Seller agrees to pay applicable fees without offset. Unless
otherwise agreed to by Savingland.com Auction, payment of the Listing Fee and
Premium Services fees (if selected) are due when the Seller completes the
listing ("Sell an Asset") process. Success Fees or Commissions related to a
completed auction are due to Savingland.com Auction at the time an auction ends
and is marked as Sold, unless other payment terms are agreed to by
Savingland.com Auction. If the Seller does not notify Savingland.com Auction in
writing of a winning Bidder's failure to complete the transaction
("Non-Performing Bidder") within 7 days of the close of the auction, the Success
Fee is immediately due in full and is not refundable. Unless otherwise agreed to
by Savingland.com Auction, all fees will be charged to the Seller's credit card
account that is provided during the listing process. By completing the listing
process, Seller authorizes Savingland.com Auction to charge the Seller?s credit
card account, unless otherwise agreed to in writing by Savingland.com Auction.
If the Seller?s card is no longer valid at the time the auction ends and the
Asset is marked as Sold, Savingland.com Auction reserves the right to invalidate
the auction unless the Seller has made alternate payment arrangements. Any fees
or charges not paid by the Seller within 7 days of provision of service will be
subject to a late fee equivalent to the rate of 1.5% per month from the date of
provision of service. See the Savingland.com Auction Asset Fee Schedule for
additional information regarding fees and commissions.
Members may request that Savingland.com Auction refund charges to a Member?s
charge, credit or debit cards. Savingland.com Auction will review such request
and respond within two (2) business days. However, charge backs requested
through Member?s issuing bank are an unacceptable charge dispute resolution
method. Member agrees to immediately pay to Savingland.com Auction any charge
backs of amounts originally charged to such Member?s charge, credit or debit
cards, as well as for fees incurred by Savingland.com Auction for such charge
backs. Member?s responsibility for charge backs and related fees will continue
even if Member has received the funds, and/or closed the Savingland.com Auction
account. Any refunds issued to memebr will be in the form of a site balance
credit, there is absolutely no reverse charges allowed.
(f) Exclusivity. Unless otherwise agreed to by Savingland.com Auction in
writing, Seller agrees that Savingland.com Auction will be the sole venue for
each listed Asset for the term of the listing online or otherwise. Seller may
not duplicate any listed Asset on any other online site or through any offline
sales method. If a Buyer makes an offer outside of the Savingland.com Auction
venue, it is the Seller?s obligation to have that Bidder register and have that
bid submitted on the Savingland.com Auction Site for the Asset in question. Once
an Asset is listed on the Site, if a Seller sells the Asset outside the
Savingland.com Auction venue, then Savingland.com Auction shall be entitled to
receive the full commission that it would have received if the Asset were sold
on the Site.
IV. Rights and Responsibilities of Savingland.com Auction
4.1 MODIFICATIONS TO TERMS OF SERVICE
Savingland.com Auction may change these Terms and Conditions of Use from time to
time. Any amendment shall be effective 10 calendar days after posting on the
Site. Member's continued use of the Site constitutes an affirmative: (1)
acknowledgment by Member of these Terms and Conditions of Use and any
modifications; and (2) agreement by Member to abide and be bound by these Terms
and Conditions of Use, including any modifications. Both the Seller and Buyer
acknowledge that they shall be solely responsible for obtaining updated
information concerning changes to these Terms and Conditions of Use. It is
further acknowledged by the Member that the Terms and Conditions of Use in
effect at the time that a dispute shall arise shall control in all matters.
4.2 SUPERVISION OF CONTENT
Savingland.com Auction reserves the right, but has no obligation, to supervise
all material, content and information on its Site, including, but not limited
to, Asset listings and bidding activity, to determine compliance with the Terms
and Conditions of Use and all current and future operating procedures and rules
of conduct established by Savingland.com Auction. Savingland.com Auction
reserves the right, at its sole discretion, to amend, edit, remove or otherwise
block any material posted by a Member, which may violate any state, federal or
local law or violate any aspect of these Terms and Conditions of Use or which
may otherwise jeopardize the business operations or goals of Savingland.com
Auction. Savingland.com Auction shall not be responsible for material content
and information contained on this Site that is provided by the Members, and all
parties agree to hold Savingland.com Auction harmless with regard to same
pursuant to the limitation of liabilities and release and indemnification
provisions contained in these Terms and Conditions of Use.
4.3 TERMINATION OF MEMBER'S RIGHTS TO USE SITE
Savingland.com Auction retains the right to terminate a Member's rights to use
the Site. The Member agrees that Savingland.com Auction may, in its sole
discretion, terminate a Member?s account, deny access to the site, and terminate
any active auctions. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the Terms and Conditions of Use or
other incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) unexpected technical or security issues or
problems, (d) actions which might jeopardize the business operations or goals of
Savingland.com Auction, and (e) extended periods of inactivity. Termination of
the Savingland.com Auction account includes removal of access to all offerings
within the site, and deletion of password and all related information, files and
content associated with or inside the account. Further, the Member agrees that
all terminations shall be made in Savingland.com Auction?s sole discretion and
that Savingland.com Auction shall not be liable to the Member or any third-party
for any termination of an account or access to the site. If it is suspected in
Savingland.com Auction?s sole discretion that a Member has participated in
fraudulent behavior on the Web site, Savingland.com Auction reserves the right
to suspend a Member?s account at any time, remove any active auctions, and give
Buyers of recent auctions the opportunity to withhold performance without
penalty.
4.4 COMMUNICATION WITH MEMBERS
Members may elect to receive notification of new Asset listings and other
opportunities available to Sellers or Buyers. Savingland.com Auction also relies
on electronic messaging to keep its Members informed of events on its Site and
the Member agrees to allow Savingland.com Auction to so communicate. Member may
?Opt Out? of such communications by contacting contact@savingland.com
4.5 NATURE OF Savingland.com Auction RESPONSIBILITIES
Savingland.com Auction agrees to act with respect to each Savingland.com Auction
transaction in accordance with these Terms and Conditions of Use. The duties and
responsibilities of Savingland.com Auction and its affiliates shall be limited
to those expressly set forth in these Terms and Conditions of Use.
Savingland.com Auction shall not be subject to, or obliged to recognize, any
other agreement between, or direction or instruction of, any or all of the
parties to any such Savingland.com Auction transaction.
MEMBER ACKNOWLEDGES AND AGREES THAT Savingland.com Auction'S DUTIES ARE
MINISTERIAL IN NATURE. Savingland.com Auction IS MERELY A FACILITATOR AND
PROVIDES TRANSACTIONAL ASSISTANCE TO ITS MEMBERS AND IS NOT A PRINCIPAL TO ANY
TRANSACTION. Savingland.com Auction SHALL NOT AND DOES NOT TAKE TITLE OR
OWNERSHIP OF ANY PROPERTY OR FUNDS HELD BY IT. TITLE TO SUCH PROPERTY OR FUNDS
SHALL BELONG TO THE SELLER OR BUYER, AS THE CASE MAY BE, AND SHALL BE HELD AND
DISPOSED OF IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS
OF SERVICE OR AS OTHERWISE AGREED UPON BETWEEN BUYER AND SELLER. ANY DISPUTES
AND/OR DISAGREEMENTS BETWEEN BUYER AND SELLER MUST BE ADDRESSED BY BUYER AND
SELLER, AND MEMBER EXPRESSLY AGREES NOT TO HOLD Savingland.com Auction OR ANY OF
ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES RESPONSIBLE IN ANY WAY OR IN ANY
MANNER. MEMBER ACKNOWLEDGES AND AGREES THAT NEITHER Savingland.com Auction NOR
ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES ENDORSES ANY OF THE ASSETS
THAT ARE TRANSFERRED THROUGH THE SITE AND THAT NEITHER Savingland.com Auction
NOR ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES IS RESPONSIBLE FOR ANY DAMAGES
TO GOODS DURING TRANSIT NOR FOR MISREPRESENTATIONS AND/OR BREACHES OF CONTRACT
BY EITHER BUYER AND/OR SELLER. Savingland.com Auction AND ITS EMPLOYEES,
REPRESENTATIVES AND AFFILIATES SHALL MAY AND WILL RELY UPON ANY WRITTEN NOTICE,
DEMAND, CERTIFICATE OR DOCUMENT, WHICH IT IN GOOD FAITH BELIEVES TO BE GENUINE.
NEITHER Savingland.com Auction NOR ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES
SHALL INCUR ANY LIABILITY WHATSOEVER, AND BOTH BUYER AND SELLER SHALL INDEMNIFY
SELL IT LIVE AND ITS EMPLOYEES, REPRESENTATIVES AND AFFILIATES WITH REGARD TO
THEIR CONDUCT IN OPERATING OR MAINTAINING THIS WEBSITE AND IN THE FULFILLMENT OF
THEIR DUTIES AS EMPLOYEES REPRESENTATIVES OR AFFILIATES OF Savingland.com
Auction AS MORE FULLY DESCRIBED IN THE RELEASE AND INDEMNIFICATIONS CONTAINED
HEREIN.
V. Other Provisions
5.1 DISCLAIMER OF WARRANTIES
MEMBERS EXPRESSLY AGREE THAT USE OF THE SITE IS AT A MEMBER'S SOLE RISK. THE
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Savingland.com Auction EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Savingland.com Auction MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE
WILL MEET A MEMBER'S REQUIREMENTS, OR THAT SUCH SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES Savingland.com Auction MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT
DEFECTS IN ANY SOFTWARE WILL BE CORRECTED. Savingland.com Auction MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM Savingland.com Auction OR ANY
OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES OR THROUGH THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5.2 LIMITATION OF LIABILITY
IN NO EVENT SHALL Savingland.com Auction OR ANY OF ITS EMPLOYEES,
REPRESENTATIVES OR AFFILIATES BE LIABLE TO A MEMBER OR ANY OTHER PERSON OR
ENTITY IN CONNECTION WITH THIS AGREEMENT FOR ANY ACTUAL, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR RELIANCE DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA),
HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER
LEGAL THEORY, WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT SELL IT LIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES AGREE THAT THESE
LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK AND ARE REFLECTED IN THE
FEES AGREED UPON BY THE PARTIES. FURTHER, Savingland.com Auction' AGGREGATE
LIABILITY ARISING WITH RESPECT TO MEMBER'S USE OF THIS SITE SHALL NOT EXCEED THE
GREATER OF (A) $100 or (B) THE TOTAL AMOUNTS PAID BY THE MEMBER TO
Savingland.com Auction UNDER ANY COMMISSION AGREEMENT IN THE 6 MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY. ADDITIONALLY BOTH BUYER AND SELLER,
RESPECTIVELY AGREE TO INDEMNIFY AND HOLD HARMLESS Savingland.com Auction AND ITS
EMPLOYEES, REPRESENTATIVES AND AFFILIATES AGAINST ANY AND ALL CLAIMS ARISING OUT
OF THE LIMITATION OF LIABILITY CONTAINED HEREIN AND DESCRIBED MORE FULLY IN
RELEASE AND INDEMNIFICATIONS CONTAINED HEREIN.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not apply to you.
5.3 NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not to
resell or make any commercial use of the services provided on the Site, without
the express written consent of Savingland.com Auction. Member acknowledges that
content appearing on the Site may be protected by copyrights, trademarks or
other proprietary or personal rights and that applicable laws will govern the
Member's use of such content. Member agrees that without the prior written
consent of Savingland.com Auction, Member shall not resell the Site, or the
services provided on the Site, or use the Site for the transmission of
commercial solicitations (other than an offer by Seller of Assets for sale) or
for the receipt of responses to commercial solicitations (other than a Buyer's
interest in purchasing Assets offered for sale through the Site) without the
express written consent of Savingland.com Auction. Member agrees not to, for a
commercial purpose, upload, transmit, reproduce, distribute or participate in
the transfer or sale, or in any way exploit, any content obtained through the
Site. Member agrees not to use the Site for the transmission of (or receipt of
responses to) chain letters, lotteries, gambling or pyramid schemes of any kind.
Member agrees not to use the Site to disseminate any message in a broad-based
mailing without the prior written permission of Savingland.com Auction. Member
agrees not to forge communications or take any other action that would disguise
the origin of communications Member transmits through the Site. Member agrees
not to permit another person to transmit communications that falsely identifies
the Member's account as the origin of such communication.
5.4 MEMBER CONDUCT
Member is solely responsible for the contents of his/her/its transmissions
through the Site. Member's use of the Site is subject to all applicable local,
state, national and international laws and regulations. Member agrees: (1) to
comply with US law regarding the transmission of technical data exported from
the United States through the Site; (2) not to use the Site for illegal
purposes; (3) not to interfere or disrupt networks connected to the Site; (4) to
comply with all regulations, policies and procedures of networks connected to
the Site; (5) not to post any information which is deceptive or knowingly
inaccurate; and (6) to refrain from infringement on any material posted on the
Savingland.com Auction Site, including information posted by other Members, that
is copyrighted, patented, trademarked or similarly protected under proprietary
rights or rights of privacy. Member agrees not to transmit through the Site any
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature. Member further agrees
not to transmit any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation. Attempts
to gain unauthorized access to other computer systems are prohibited. Member
further agrees not to use the Site in a manner that violates any Federal, state
or local laws or regulations, including but not limited to the sale of any
regulated substances.
Member email contact information is provided to facilitate the purchase and sale
of Assets posted on the Site. Use of this contact information to transact
purchase and sale of items, whether posted on the Site or similar items, is a
violation of these Terms and Conditions of Use. Savingland.com Auction is due
fees on all such purchase and sale transactions consummated in circumvention of
the Savingland.com Auction Site.
Savingland.com Auction may terminate any Member's account immediately, in our
sole discretion, if we believe that the Member's conduct fails to conform to
this Section of this Agreement. Without limiting the foregoing, if Member uses,
or attempts to use, the services for any purposes other than those intended,
including but not limited to tampering, hacking, modifying or otherwise
corrupting the security or functionality of the services, Member?s account will
be terminated and you may also be subject to civil and criminal liability.
5.5 NOTICES - DEFINITIONS
Sold Notices and other notices given by Savingland.com Auction shall be valid
when sent by e-mail to the e-mail address registered with Savingland.com Auction
The term "Buyer", "Bidder", "Seller", and "Member" includes corporations,
partnerships, persons, agents, representatives and any legal entity entitled to
participate in the Site.
5.6 RELEASE AND INDEMNIFICATION
Notwithstanding any other release, agreement to ?hold harmless? or
indemnification contained herein, Member hereby further waives, releases,
forgives, discharges and relinquishes any and all claims that Member now has or
may have against Savingland.com Auction, its affiliates, subsidiaries, parents,
shareholders, directors, officers, employees, agents and representatives which
are connected with, arise out of, relate to or are incidental to any
Savingland.com Auction transaction or the use of the Site. Member hereby agrees
to indemnify, defend and hold Savingland.com Auction, its affiliates,
subsidiaries, parents, shareholders, directors, officers, employees, agents and
representatives harmless from and against any and all claims, loss, damage, tax,
liability and/or expense that may be incurred by Savingland.com Auction, its
affiliates, subsidiaries, parents, shareholders, directors, officers, employees,
agents and representatives arising out of or in connection with the performance
of its duties as described in this Agreement, including the legal costs, fees
and expenses of defending itself against any claim by any or all of the parties
to any Savingland.com Auction transaction and/or by any other person and/or as a
result of the Member taking any action or refraining from taking any action or
instituting or defending any action or legal proceeding. Member further agrees
to indemnify and hold Savingland.com Auction, its affiliates, subsidiaries,
parents, shareholders, directors, officers, employees, agents and
representatives harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Member's use
of the Site, the violation of these Terms and Conditions of Use by Member, or
the infringement by Member, or other Member of the Site using Member's computer,
of any intellectual property or other right of any person or entity. If you are
a California resident, you waive California Civil Code ?1542, which says: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
5.7 RESOLUTION OF DISPUTES
(a) Resolution of Disputes Generally. MEMBER ACKNOWLEDGES AND AGREES THAT ANY
DISPUTE INVOLVING Savingland.com Auction SHALL BE RESOLVED SOLELY IN ANY COURT
OF COMPETENT JURISDICTION LOCATED IN MULTNOMAH COUNTY, STATE OF OREGON. MEMBER
FURTHER ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS TO
ENFORCE THIS AGREEMENT, INCLUDING REASONABLE ATTORNEY?S F