Registration Terms and Conditions

Introduction

Welcome to American, Auctions, Liquidations, Appraisal, Inc. By using American, Auctions, Liquidations, Appraisal, Inc. (including Americanassetsonline.com and its related sites, services and tools), you agree to the following terms with American, Auctions, Liquidations, Appraisal, Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with one of our international American, Auctions, Liquidations, Appraisal, Inc. companies:

This Agreement is effective on July 1, 2010, for current users, and upon acceptance for new users.

Scope

Before you may register as a member of American, Auctions, Liquidations, Appraisal, Inc. Auction site, you must read and accept all of the terms in, and linked to, this User Agreement and the American, Auctions, Liquidations, Appraisal, Inc. Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use American, Auctions, Liquidations, Appraisal, Inc. sites or services, or when you use the tools we make available to interact with American, Auctions, Liquidations, Appraisal, Inc. sites and services. If you use another American, Auctions, Liquidations, Appraisal, Inc. site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some American, Auctions, Liquidations, Appraisal, Inc. sites, services, and tools may have additional or other terms that we provide to you when you use those sites, services, or tools.

Using American, Auctions, Liquidations, Appraisal, Inc.

While using American, Auctions, Liquidations, Appraisal, Inc. sites, services and tools, you will not:

·         use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools.

·         fail to deliver payment for items purchased by you.

·         fail to deliver items purchased from you, unless the buyer fails to meet the posted terms.

·         manipulate the price of any item or interfere with other  listings.

·         circumvent or manipulate our fee structure, the billing process, or fees owed to American, Auctions, Liquidations, Appraisal, Inc.

·         transfer your American, Auctions, Liquidations, Appraisal, Inc. account and user ID to another party without our consent.

·         distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.

·         distribute viruses or any other technologies that may harm American, Auctions, Liquidations, Appraisal, Inc., or the interests or property of American, Auctions, Liquidations, Appraisal, Inc. users;

·         export or re-export any American, Auctions, Liquidations, Appraisal, Inc. tools except in compliance with the export control laws of any relevant jurisdictions;

·         copy, modify, or distribute rights or content from the American, Auctions, Liquidations, Appraisal, Inc. sites, service, or tools or American, Auctions, Liquidations, Appraisal, Inc. copyrights and trademarks; or

·         harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing American, Auctions, Liquidations, Appraisal, Inc.

American, Auctions, Liquidations, Appraisal, Inc. and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

American, Auctions, Liquidations, Appraisal, Inc. Verified Rights Owner (VeRO).

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue American, Auctions, Liquidations, Appraisal, Inc. sites, services, or tools.

To Report Abuse of site, please contact- support@americanassetsonline.com

Fees and Services

Joining American, Auctions, Liquidations, Appraisal, Inc. and bidding on listed items is free. We do charge a 15% buyer’s premium to the winning bid and may charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 14 days' notice by posting the changes on the American, Auctions, Liquidations, Appraisal, Inc. site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.

Content

When you give us content, you grant us a exclusive, worldwide, perpetual, irrevocable, royalty-free, subliceneable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

For the convenience of sellers, we may offer catalogs of stock images, descriptions, and product specifications that are provided by third parties (including American, Auctions, Liquidations, Appraisal, Inc. users). You may use catalog content solely in connection with your American, Auctions, Liquidations, Appraisal, Inc. listings during the time your listings are on American, Auctions, Liquidations, Appraisal, Inc. sites.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all American, Auctions, Liquidations, Appraisal, Inc. policies. The catalogs may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

Limitation of Liability

You will not hold American, Auctions, Liquidations, Appraisal, Inc. responsible for  content, actions, or inactions, or items listed. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats, and auction-style formats. We have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of New York Commercial Code  and Uniform Commercial Code unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under American, Auctions, Liquidations, Appraisal, Inc. Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to American, Auctions, Liquidations, Appraisal, Inc. by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

·         take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

·         copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of American, Auctions, Liquidations, Appraisal, Inc. and the appropriate third party, as applicable;

·         interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or

·         bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the  American, Auctions, Liquidations, Appraisal, Inc Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the  American, Auctions, Liquidations, Appraisal, Inc. Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on American, Auctions, Liquidations, Appraisal, Inc.'s national registered agent (in the case of American, Auctions, Liquidations, Appraisal, Inc.) or to the email address you provide to American, Auctions, Liquidations, Appraisal, Inc. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and American, Auctions, Liquidations, Appraisal, Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and American, Auctions, Liquidations, Appraisal, Inc. agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

·         Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against American, Auctions, Liquidations, Appraisal, Inc. must be resolved exclusively by a state or federal court located in Suffolk County, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Suffolk County, New York for the purpose of litigating all such claims or disputes.

·         Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

·         Improperly Filed Claims - All claims you bring against American, Auctions, Liquidations, Appraisal, Inc. must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, American, Auctions, Liquidations, Appraisal, Inc. may recover attorneys' fees and costs up to $1000, provided that American, Auctions, Liquidations, Appraisal, Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General

American, Auctions, Liquidations, Appraisal, Inc. is located at 145 Commack Road, Suite 10, Commack, NY 11725, U.S.A. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the American, Auctions, Liquidations, Appraisal, Inc. Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” doesn't include an email message and a signature doesn't include an electronic signature.

Additional Terms and Conditions

A premium of 15% of the bid price will be added to the price of each item purchased. Payments will be accepted in form of a cashier's check or wire transfer. The condition of the merchandise being offered varies. The Buyer understands and agrees (1)that any description or sample of the merchandise given or furnished by American, Auctions, Liquidations, Appraisals, Inc. is derived from records, documents or other information that may be unverified as to accuracy, and is solely for the identification, and does not create any warranty, expressed or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS" WHERE IS" and WITH ALL FAULTS. American, Auctions, Liquidations, Appraisals, Inc. MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, USABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, MANUFACTURERS WARRANTIES MAY BE IN EFFECT. If any applicable conditions are not complied with by Buyer, then, in addition to other remedies available to American, Auctions, Liquidations, Appraisals, Inc, including and without limitations, the right to hold Buyer liable for the total purchase price, American, Auctions, Liquidations, Appraisals, Inc. may, at it's option, (a) cancel the sale, retaining all payments made by Buyer, and/or (b) resell the merchandise, for any deficiency between Buyer's original purchase price and subsequent resale price, American, Auctions, Liquidations, Appraisals, Inc. commission, and all other expenses related to the disposal of the abandoned property. In addition, a defaulting Buyer will be deemed to have granted American, Auctions, Liquidations, Appraisals, Inc. a security interest in the merchandise which American, Auctions, Liquidations, Appraisals, Inc. may retain as collateral security for Buyer's obligation to American, Auctions, Liquidations, Appraisals, Inc. Buyer is solely responsible to provide all personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased any and all risks associated with such removal including, without limitations, full financial responsibility for any damage or liability to persons or property resulting from any negligent act for omission of buyer or any buyer's employees, agents and/or representatives during pick-up removal. Buyer agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Buyer shall provide evidence that Buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulation. American, Auctions, Liquidations, Appraisals, Inc. its agents or representatives shall not be responsible for its containment, storage or removal. Person during sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as provided by and local, state and federal regulations and as directed by American, Auctions, Liquidations, Appraisals, Inc. Neither American, Auctions, Liquidations, Appraisals, Inc., its agents, its employees or representatives shall be liable by reason of any defect in or about the condition of the premises or which the auction is held. Buyer specifically releases American, Auctions, Liquidations, Appraisals, Inc., it agents and representatives from all liability thereof. In no event will American, Auctions, Liquidations, Appraisals, Inc. liability to Buyer exceed the purchase price actually paid. A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct; indirect, incidental or consequential damages. Buyer agrees to indemnify, defend and hold harmless American, Auctions, Liquidations, Appraisals, Inc. and its agents and  representatives, from any and all demands, claims, losses, damages and liabilities asserted against, resulting to or imposed upon American, Auctions, Liquidations, Appraisals, Inc. resulting from the negligence of Buyer of his/her employees, agents and representatives, while in, at or about the auction premise during the inspections, sales or removal of merchandise. ALL SALES ARE FINAL! NO REFUNDS, RETURNS OR EXCHANGES!

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.

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