Computerized Auction Services LLC Terms of Use
and Privacy Policy
These terms and conditions ("Terms",
"Agreement") are an agreement between Computerized Auction Services LLC ("Computerized Auction Services LLC ",
"us", "we" or "our") and you ("User",
"you" or "your"). This Agreement sets forth the general
terms and conditions of your use of the computerizedauctionservices.com website and any of its products or
services (collectively, "Website" or "Services").
Accounts and membership
If you create an account on the Website, you are
responsible for maintaining the security of your account and you are fully
responsible for all activities that occur under the account and any other
actions taken in connection with it. We may, but have no obligation to, monitor
and review new accounts before you may sign in and use our Services. Providing
false contact information of any kind may result in the termination of your
account. You must immediately notify us of any unauthorized uses of your
account or any other breaches of security. We will not be liable for any acts
or omissions by you, including any damages of any kind incurred as a result of
such acts or omissions. We may suspend, disable, or delete your account (or any
part thereof) if we determine that you have violated any provision of this
Agreement or that your conduct or content would tend to damage our reputation
and goodwill. If we delete your account for the foregoing reasons, you may not
re-register for our Services. We may block your email address and Internet
protocol address to prevent further registration.
User content
We do not own any data, information or material
("Content") that you submit on the Website in the course of using the
Service. You shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and intellectual property
ownership or right to use of all submitted Content. We may, but have no obligation
to, monitor and review Content on the Website submitted or created using our
Services by you. You grant us permission to access, copy, distribute, store,
transmit, reformat, display and perform the Content of your user account solely
as required for the purpose of providing the Services to you. Without limiting
any of those representations or warranties, we have the right, though not the
obligation, to, in our own sole discretion, refuse or remove any Content that,
in our reasonable opinion, violates any of our policies or is in any way
harmful or objectionable. You also grant us the license to use, reproduce,
adapt, modify, publish or distribute the Content created by you or stored in
your user account for commercial, marketing or any business purpose.
Billing and payments
You shall pay all fees or charges to your
account in accordance with the fees, charges, and billing terms in effect at
the time a fee or charge is due and payable. Where Services are offered on a
free trial basis, payment may be required after the free trial period ends, and
not when you enter your billing details (which may be required prior to the
commencement of the free trial period). If auto-renewal is enabled for the
Services you have subscribed for, you will be charged automatically in
accordance with the term you selected. If, in our judgment, your purchase
constitutes a high-risk transaction, we will require you to provide us with a
copy of your valid government-issued photo identification, and possibly a copy
of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time. We
also reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household
or per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the
Website that contains typographical errors, inaccuracies or omissions that may
relate to estimated coin values or product descriptions, pricing, availability,
promotions and offers. We reserve the right to correct any errors, inaccuracies
or omissions, and to change or update information or cancel orders if any
information on the Website or on any related Service is inaccurate at any time
without prior notice (including after you have submitted your order). We
undertake no obligation to update, amend or clarify information on the Website
including, without limitation, estimated coin values or pricing information. No
specified update or refresh date applied on the Website should be taken to
indicate that all information on the Website or on any related Service has been
modified or updated.
Third party services
If you decide to enable, access or use third
party services, be advised that your access and use
of such other services are governed solely by the terms and conditions of such
other services, and we do not endorse, are not responsible
or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or
the manner in which they handle data (including your data) or any interaction
between you and the provider of such other services. You irrevocably waive any
claim against Computerized Auction Services LLC. with
respect to such other services. Computerized Auction Services LLC. is not liable for any damage or loss caused or alleged to be
caused by or in connection with your enablement, access or use of any such
other services, or your reliance on the privacy
practices, data security processes or other policies of such other services.
You may be required to register for or log into such other services on their
respective websites. By enabling any other services,
you are expressly permitting Computerized Auction Services LLC. to disclose your data as necessary to facilitate the use or
enablement of such other service.
Backups
We perform regular backups of the Website and
Content, however, these backups are for our own administrative purposes only
and are in no way guaranteed. You are responsible for maintaining your own
backups of your data. We do not provide any sort of compensation for lost or
incomplete data in the event that backups do not function properly. We will do
our best to ensure complete and accurate backups, but assume no responsibility
for this duty.
Advertisements
During use of the Website, you may enter into
correspondence with or participate in promotions of advertisers or sponsors
showing their goods or services through the Website. Any such activity, and any
terms, conditions, warranties or representations associated with such activity,
is solely between you and the applicable third party. We shall have no liability,
obligation or responsibility for any such correspondence, purchase or promotion
between you and any such third party.
Links to other websites
Although this Website may link to other
websites, we are not, directly or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with any linked website,
unless specifically stated herein. Some of the links on the Website may be
"affiliate links". This means if you click on the link and purchase
an item, Computerized Auction Services LLC will receive an affiliate
commission. We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any businesses or individuals or the content of their
websites. We do not assume any responsibility or liability for the actions,
products, services, and content of any other third
parties. You should carefully review the legal statements and other conditions
of use of any website which you access through a link from this Website. Your
linking to any other off-site websites is at your own risk.
Prohibited uses
In addition to other terms as set forth in the
Agreement, you are prohibited from using the Website or its Content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means
all present and future rights conferred by statute, common law or equity in or
in relation to any copyright and related rights, trademarks, designs, patents,
inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each
case whether registered or unregistered and including all applications and
rights to apply for and be granted, rights to claim priority from, such rights
and all similar or equivalent rights or forms of protection and any other
results of intellectual activity which subsist or will subsist now or in the
future in any part of the world. This Agreement does not transfer to you any
intellectual property owned by Computerized Auction Services LLC or third
parties, and all rights, titles, and interests in and to such property will
remain (as between the parties) solely with Computerized Auction Services LLC
All trademarks, service marks, graphics and logos used in connection with the
Website or Services, are trademarks or registered trademarks of Computerized
Auction Services LLC or Computerized Auction Services LLC licensors. Other
trademarks, service marks, graphics and logos used in connection with the
Website or Services may be the trademarks of other third parties. Your use of
the Website and Services grants you no right or license to reproduce or
otherwise use any Computerized Auction Services LLC or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is"
and "as available" basis and that your use of our Website or Services
is solely at your own risk. We expressly disclaim 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. We
make no warranty that the Services will meet your requirements, or that the
Service will be uninterrupted, timely, secure, or error-free; nor do we make
any warranty as to the results that may be obtained from the use of the Service
or as to the accuracy or reliability of any information obtained through the
Service or that defects in the Service will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained through
the use of Service is done at your own discretion and risk and that you will be
solely responsible for any damage or loss of data that results from the
download of such material and/or data. We make no warranty regarding any goods
or services purchased or obtained through the Service or any transactions
entered into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create any
warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event
will Computerized Auction
Services LLC, its affiliates,
directors, officers, employees, agents, suppliers or licensors be liable to any
person for any indirect, incidental, special, punitive, cover or consequential
damages (including, without limitation, damages for lost profits, revenue, sales,
goodwill, use of content, impact on business, business interruption, loss of
anticipated savings, loss of business opportunity) however caused, under any
theory of liability, including, without limitation, contract, tort, warranty,
breach of statutory duty, negligence or otherwise, even if the liable party has
been advised as to the possibility of such damages or could have foreseen such
damages. To the maximum extent permitted by applicable law, the aggregate
liability of Computerized Auction
Services LLC and its
affiliates, officers, employees, agents, suppliers and licensors relating to
the services will be limited to an amount greater of one dollar or any amounts
actually paid in cash by you to Computerized Auction Services LLC for the prior one month period prior to the first event or
occurrence giving rise to such liability. The limitations and exclusions also
apply if this remedy does not fully compensate you for any losses or fails of
its essential purpose.
Indemnification
You agree to indemnify and hold Computerized
Auction Services LLC and its affiliates, directors, officers, employees,
agents, suppliers and licensors harmless from and against any liabilities,
losses, damages or costs, including reasonable attorneys' fees, incurred in
connection with or arising from any third party allegations, claims, actions,
disputes, or demands asserted against any of them as a result of or relating to
your Content, your use of the Website or Services or any willful misconduct on
your part.
Severability
All rights and restrictions contained in this
Agreement may be exercised and shall be applicable and binding only to the
extent that they do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any provision
of this Agreement shall be held to be illegal, invalid or unenforceable by a
court of competent jurisdiction, it is the intention of the parties that the
remaining provisions or portions thereof shall constitute their agreement with
respect to the subject matter hereof, and all such remaining provisions or
portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance
of this Agreement and any disputes arising out of it shall be governed by the
substantive and procedural laws of Kansas, United States without regard to its
rules on conflicts or choice of law and, to the extent applicable, the laws of
United States. The exclusive jurisdiction and venue for actions related to the
subject matter hereof shall be the courts located in Kansas, United States, and
you hereby submit to the personal jurisdiction of such courts. You hereby waive
any right to a jury trial in any proceeding arising out of or related to this
Agreement. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or
otherwise transfer or delegate any of your rights or obligations hereunder, in
whole or in part, without our prior written consent, which consent shall be at
our own sole discretion and without obligation; any such assignment or transfer
shall be null and void. We are free to assign any of its rights or obligations
hereunder, in whole or in part, to any third party as part of the sale of all
or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or
its policies relating to the Website or Services at any time, effective upon
posting of an updated version of this Agreement on the Website. When we do, we
will revise the updated date at the bottom of this page. Continued use of the
Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this
Agreement and agree to all its terms and conditions. By using the Website or
its Services you agree to be bound by this Agreement. If you do not agree to
abide by the terms of this Agreement, you are not authorized to use or access
the Website and its Services.
Contacting us
If you would like to contact us to understand
more about this Agreement or wish to contact us concerning any matter relating
to it, you may do so by writing a letter to PO Box 1113, Liberty,
MO 64068 USA
This document was last updated on 11/01/2025