TERMS OF USE

Terms of Use of our Web site


The following are terms of a legal agreement between you and AUCTION EXPORT. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.


TERMS OF USE OF AUCTION EXPORT WEBSITE


1.ACCEPTANCE OF TERMS

1.1 Your access to and use of AUCTION EXPORT("the Website") and any Services referred to in sub 1.3 below, is subject exclusively to these Terms of Use. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms of Use. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.

1.2 We reserve the right to update or amend these Terms of Use at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms of Use regularly for any changes.

1.3 The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

2. THE SERVICES

The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

3. MINIMUM AGE TO ACCESS WEBSITE

AUCTION EXPORT is concerned about the safety and privacy of our users, particularly children. You acknowledge and agree that you must be at least eighteen (18) years old to use and navigate the Website.

4. DEALER ACCOUNT, PASSWORD AND SECURITY

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account, including all Buy Now requests, Preliminary Bids and submitted Virtual Bids. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will AUCTION EXPORT be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder.

4.1 You acknowledge only one account is allowed per dealer on the Website. Your account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the age of 18 to use or re-use your account or your identifiers. Any person found to have violated this section will be subject to having his or her account(s) cancelled at our sole discretion. More importantly, any person found to have violated this section may be reported to the relevant authorities for criminal prosecution. We also reserve the right to institute civil proceedings against you and/or the offending third party(ies) for violation of the terms of this section and all damages related thereto.

5. USE OF WEBSITE

5.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. AUCTION EXPORT will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

5.2 In using the Website/Services you agree not to:

a) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

b) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

c) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

d) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

e) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

f) make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;

g) collect or store personal information about others, including email addresses;

h) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

i) impersonate any person or entity for the purpose of misleading others;

j) violate any applicable laws or regulations;

k) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;

l) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

m) attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

5.3 AUCTION EXPORT has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

6. TERMINATION

We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms of Use. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

7. LINKS TO THIRD PARTY WEBSITES

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that AUCTION EXPORT is not responsible for the content or availability of any such sites.

8. INTERNATIONAL USE OF WEBSITE

You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

9. INTELLECTUAL PROPERTY

9.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

9.2 AUCTION EXPORT does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.

10. INDEMNITY

You agree to indemnify and hold AUCTION EXPORT harmless from and against any breach by you of these Terms of Use and any claim or demand brought against AUCTION EXPORT by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by AUCTION EXPORT in consequence of your breach of these Terms of Use.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

11.2 AUCTION EXPORT will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

11.3 AUCTION EXPORT makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

11.4 Nothing in these Terms of Use shall affect your statutory rights as a consumer.

12. SEVERANCE

If these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Terms of Use shall be severed and the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.

13. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada and you hereby submit to the exclusive jurisdiction of the Province of Ontario.

14. TRADE-MARK INFORMATION

Auction Export, the Auction Export logo, and other Auction Export brand names and logos are trade-marks of DeluxAuto Inc. All other company names, brand names and logos used on Auction Export are the trademarks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from Auction Export or the trade-mark owner.

15. COPYRIGHT INFORMATION

The Content on Auction Export is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.

 
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