The Southeast Advertiser LLC, southeastadvertiser.com and its specific URLs (hereinafter referred to as “SEA”) SOFTWARE AND SERVICES
AGREEMENT: THIS AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND SEA REGARDING THE USE OF its SOFTWARE AND/OR SERVICES. BEFORE YOU CLICK ON THE “I AGREE” BUTTON BELOW THIS AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE “I DISAGREE” BUTTON.
General: Who am I contracting with? I agree that the SEA Site is a website and a mere conduit for offers and acceptance to be exchanged in relation to auctions of products posted for sale or for auction on the SEASite (“Product(s)”). Who is Responsible for Product Descriptions and Warranties? The SEASite enables individuals, companies and professional auctioneers to list Products for sale. It is those persons who prepare the product descriptions which appear on the site and it is those persons who are responsible for the accuracy of the descriptions and for all contractual and other warranties made with respect to the product sold. I agree and fully understand that SEA will not be responsible or liable to me for any of the factual and other content of the information posted on the SEA Site. If I have any complaint or claim to make in relation to the purchase of a Product on the SEA Site, I can only make it against the person identified as the “Seller” on the Site. The
1. SEA is Only a Venue. The Buyer hereby agrees and acknowledges that (i) SEA has no control over the Buyers or Sellers, their identities, the quality or accuracy of products being offered by the Seller or the ability of the Buyer to complete any transaction
2. No Guarantee. SEA does not guarantee or covenant the accuracy of the product description or that the images used to illustrate products are correct or do not violate trademarks or copyrights.
3. SEA HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE SEA SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAID INFORMATION AND ITS ACCURACY OR WITH RESPECT TO THE INTEGRITY OR SOLVENCY OF THE “SELLERS” WHO POST PROPERTY FOR SALE THROUGH THE SEA SITE.
4. NO WARRANTIES. YOU AS SELLER AGREE THAT SEA IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE SEA SITE AND THAT ALL SUCH WARRANTIES, COVENANTS AND REPRESENTATIONS ARE PROVIDED BY THE “SELLER” IDENTIFIED IN THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONLY THE “SELLER” CAN PROVIDE YOU WITH WARRANTIES OF TITLE, NON-INFRINGEMENT, THE SELLER’S AUCTION INFORMATION, OR ANY OF THE SEA SERVICES TO BE PROVIDED MAY BE INCORRECT, OR MAY BE PUBLICLY AVAILABLE, OR MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, ERRORS AND OMISSIONS MADE IN UPLOADING AUCTION DATA, FAILURE OF TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, POWER FAILURES, SYSTEM OR SERVER FAILURE, THE TURN OF THE MILLENNIUM, TRAVEL DELAYS, INTERNET FAILURE, HACKERS, AND ACTIONS AND OMISSIONS OF THIRD PARTIES.
5. LIMITATION ON LIABILITY. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF SEA SERVICES AND AUCTION SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY SEA OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SEA SERVICES AND SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USEAGE, OR NEGLIGENCE OF SEA OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS.
6. Auction Dates and Times. Auction dates and times are set by the Seller and are subject to change without notice.
7. By signing up for auction services with SEA, you agree to the terms and conditions set forth by the terms in this document.
8. No Agency. This Agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between yourself and SEA.
9. Assignment. You will not assign or transfer this Agreement, or any of its rights and obligations hereunder without SEA’s prior written consent.
10. Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact SEA for any reason, please call (931)-525-1212