User Agreement Terms and Conditions
1. ACCEPTANCE OF TERMS
This Property Room.com™ website (the "Website") is provided by Property Room.com, Inc. (“Property Room”), located at 26421 Crown Valley Pkwy # 200, Mission Viejo, California 92691. Your use of the Website and all information, products and services on the Website (collectively, the "Services") are subject to and governed by the terms and conditions set forth below and the terms and conditions incorporated herein by reference (collectively, the "User Agreement"), which constitute a binding legal obligations between you and Property Room. If you have any questions or comments about the User Agreement, contact us.
BY CHECKING THE BOX BY “I HAVE READ AND AGREE TO THE USER AGREEMENT” DURING THE REGISTRATION PROCESS (OR BY OTHERWISE ACCEPTING THE USER AGREEMENT THROUGH YOUR ACTIONS), YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE USER AGREEMENT. IF YOU DO NOT AGREE WITH THE USER AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SERVICES OR TO CONTINUE TO ACCESS THE WEBSITE FOR ANY PURPOSE.
2. AMENDMENTS TO THE USER AGREEMENT
You understand that Property Room may amend the User Agreement from time to time without notice to you by posting the changes on the Website. You should review these terms each time you elect to use any of the Services. The amended User Agreement will automatically be effective thirty days after changes are first posted on the Website. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU MAY REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO THE WEBSITE AND USE OF THE SERVICES IN ANY MANNER FOR ANY PURPOSE. IF YOU CONTINUE TO ACCESS THE WEBSITE OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE AFTER SUCH CHANGE BECOMES EFFECTIVE, SUCH ACCESS AND/OR USE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED USER AGREEMENT.
3. MODIFICATIONS TO OR TERMINATION OF SERVICE
Property Room reserves the right, in our sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) and/or to add, delete or modify some or all of the Services, with or without notice. Any new or changed features or Services that Property Room puts on the Website will be subject to the terms and conditions of the User Agreement. You agree that Property Room shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or any Services.
In addition, Property Room, in its sole discretion with or without notice to you, may (a) terminate your password and your use of this entire Website or your use of any feature of the Website, and/or (b) remove and discard any of Your Information stored on the Website.
4. REGISTERED USERS
The Services offered on the Website are available only to entities and to individuals who accept the User Agreement and who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. You must be 18 years of age or older in order to participate in the bidding process. Property Room may refuse any or all of the Services to anyone at any time, in our sole discretion. When you sign up, you will select a user name and a password so that you can access your account at the Website. You agree that you will keep this information confidential. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. You are solely responsible for activities regarding your account and password (including activities by third parties using your user name and password or using a login session you commenced). If you think there has been unauthorized use of your account or password, you agree to immediately notify Property Room and cooperate to resolve the issue. You understand that if you do not follow the terms of this paragraph, Property Room may suspend or terminate your use of the Website. You understand that Property Room is not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.
5. YOUR INFORMATION
6. Property Room FACILITATES AUCTIONS
The Website is a public venue where persons can sell and buy property. The Website is primarily a venue for law enforcement and other government agencies to conduct auctions and bidders to bid on auctions. Unless otherwise expressly stated by Property Room, Property Room is involved only as a facilitator and/or agent in the transaction between buyers and sellers. As a result Property Room has limited control over the items put up for auction, including without limitation, control with respect to quality, safety or legality of items for sale, truth or accuracy of listing for sale items, or the ability of buyer(s) to engage in any transaction over the Website. Property Room cannot and does not control whether buyers will complete the purchase or sale of items upon which they have bid. Because user authentication on the Internet is difficult and many times impossible, Property Room cannot and does not confirm that each user is who he or she claims to be.
You release Property Room and our agents and employees from losses, expenses, claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with or arising from: (1) any information or content placed on our Website by you, any seller, buyer or other user, (2) any dispute you may have with any seller, buyer or other user of our Website, and (3) any use or disclosure of all or any of Your Information to any third party by any seller, buyer, or other user of the Website. It is the buyer's responsibility, and it is not the responsibility of Property Room, to have knowledge of, obey, or comply with any applicable federal, state or local laws and regulations regarding transportation, handling, storage, purchasing, possession, use, misuse or ownership of the items sold on our website. 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."
7. BIDDING AND BUYING
In order to bid on an auction item, you must have a valid payment source on file. At the conclusion of each auction, the winning bid amount plus all additional charges (tax, handling, shipping, etc), will be automatically charged to the winning bidder's payment source. If the charge to your payment source is declined for any reason, you may be charged a fee of $15.00 per occurrence and Property Room may, in its sole discretion, suspend or terminate your account. Property Room may also withhold shipment or delivery of any item to you until you have paid in full, including fees, for all of your items currently in process. In the event payment declines for any reason, you will be given 2 business days to correct the billing error. Any outstanding orders not paid within 2 business days after close of auction are subject to cancellation without further notice.
If you are the highest bidder when an auction ends and your bid is equal to or more than the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your if bid is then accepted by the seller or Property Room acting on the seller’s behalf, you are legally obligated to complete the transaction unless the transaction is prohibited by law. Property Room does not acquire title to items sold through the Website and title will pass from seller to you at the point determined by applicable law, which will generally occur under Section 2-401 of the Uniform Commercial Code upon delivery to you. At any time, the seller or Property Room may cancel any bid made by you. Property Room may also cancel any auction at any time, including after completion. You may not revoke a bid, except in exceptional circumstances such as the seller materially changing the description of the item after your bid, or clear typographical errors. You may not bid in a way that pulls other bidders to their maximum bid, or retract the high bid, and then rebid at a small increment above the legitimate high bidder, which is a form of bid manipulation. Without limiting any other remedies, Property Room may suspend or terminate your account and any or all of your bids if you are found by conviction, settlement, insurance investigation, or otherwise, to have engaged in fraudulent activity in connection with our Website. Property Room may also report fraudulent activity to the seller and/or law enforcement authorities.
Property Room authorizes third party sellers (“Merchants”) to list items for sale through the Website and such listings will be identified with the Property Room.com Authorized Seller logo or similar means of identification by Property Room. Property Room is not acting as the agent for any Merchant and is involved only as a facilitator in any transaction between you and any Merchant. In addition to the terms set forth in this User Agreement, the listing page for an action in which the seller is a Merchant may include additional warranty terms, shipping terms and other terms applicable to such sale made by such Merchant (“Additional Merchant Terms”). You hereby agree that the Additional Merchant Terms represent a contract between you and the Merchant and will govern any bid, sale or other transaction between you and the Merchant with respect to such listing or auction. To the extent that the Additional Merchant Terms contain any guaranties, warranties or other provisions in addition to or inconsistent with this User Agreement, such Additional Merchant Terms shall supersede the User Agreement solely as between you and the Merchant. Such Additional Merchant Terms shall in no way modify the User Agreement as between you and Property Room. Property Room is not subject to or bound by any Additional Merchant Terms.
9. SHIPPING AND RETURN POLICY AND TAXES
The Shipping and Returns Policy is expressly incorporated herein. In addition, if you bid on any item, you thereby agree to be bound by any additional terms and conditions of sale identified in the item's description or related thereto, except to the extent such additional terms and conditions are contrary to or inconsistent with the User Agreement or unlawful. Risk of loss of or damage to any items purchased passes to you upon delivery to the carrier. All amounts specified on the Website are quoted in US dollars and all charges made by Property Room to your credit card will be in US dollars. You are responsible for payment of any sales, use, consumption, VAT, excise, or other taxes (including taxes measured by receipts from any transaction) imposed by any taxing authority and required to be paid or collected by Property Room or you as a result transactions completed using the Website or Services. Property Room may withhold, on behalf of the seller, any such taxes assessed in any transaction. However, even if Property Room or the seller does not withhold and pay such taxes, you remain responsible for any taxes that may be assessed by any governmental authority.
11. CONDUCT OF USERS
Property Room believes that all users of the Website and Services benefit from basic rules regarding conduct while using the Services so that information and ideas may be shared freely, and so that commerce can be conducted fairly. To achieve these ends, you agree to follow the following basic rules of conduct when using the Website and/or Services:
- You will comply with the User Agreement and all applicable laws;
- You will never give your password to anyone and you will not provide your billing or credit information except to make a purchase;
- You will not harass, threaten or abuse other people when using the Website in any manner, and you will not post or transmit to the Website any unlawful, fraudulent, harassing, libelous, defamatory or obscene material of any kind; nor will you post or transmit to the Website any information in violation of another's copyright or intellectual property rights;
- You will not attempt to harvest any screen names or e-mail addresses for any commercial use; and you will not collect or store personal information about any other individual on the Website, or otherwise stalk, repeatedly contact or harass another user;
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Property Room, similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
- You will not manipulate the Services so as to hide your identity or participation in Services on the Website (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
- You will not knowingly use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website; nor will you redeliver any content using framing, hyperlinks, or other technology without Property Room's express written permission;
- You will not post any content or other material that contains any viruses, cancelbots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services Property Room provides, users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and
- You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instance).
- If you violate any of the rules of conduct set forth above, or any other aspect of the User Agreement, Property Room reserves the right to suspend or terminate your rights to use the Services without giving you any notice.
12. YOU AGREE TO COMPLY WITH ALL LAWS
Without limitation to the foregoing, you specifically agree that when you use the Website or the Service in any way, you will comply at all times with all applicable federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
13. Property Room RIGHT TO REGULATE
You authorize Property Room and its contractors to cooperate with any law enforcement or governmental agency (including non-U.S. agencies and governments) that is investigating alleged or actual violations of any laws of any jurisdiction in the United States, which cooperation includes, but is not limited to, Property Room voluntarily disclosing (i.e., without being subject to a lawful order to disclose) to the law enforcement and governmental agencies any or all of Your Information. You acknowledge that Property Room has the right, but no obligation, to monitor the Website and disclose any information necessary in connection with the foregoing, or necessary to operate the Website, to protect Property Room, its licensors and business partners and customers. Property Room reserves the right to post or remove any information on the Website, in whole or in part, for any reason.
You will indemnify and hold harmless Property Room and its subsidiaries and their respective affiliates, directors, officers, shareholders, employees, agents, printers, contractors, co-branders, suppliers, internet service providers, and partners from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of:
- Your Information;
- Your use of the Website or Services;
- The use of the Website or Services by any person who uses the Website or Services while logged on under your user name and password;
- Your default under any provision in the User Agreement; and
- Your violation of any laws or of any rights of a third party.
Without limiting other remedies, Property Room may immediately issue a warning, temporarily or indefinitely suspend or terminate your membership and refuse to provide Services to you if (a) you breach the User Agreement; (b) Property Room is unable to verify or authenticate any information you provide to Property Room; or (c) Property Room believes that your actions may cause legal liability for you, other users or Property Room.
16. ASSESSMENT OF CONDITION OF GOODS
Property Room may, but is not required, provide an assessment of the condition or other characteristics or properties of an item listed on the Website. Property Room reserves the right to change its assessment of the condition or other characteristics or properties of any item and/or update the contents of any listing at any time without notice. Any such assessment of the condition or other characteristics or properties of an item (such as, by way of example and not limitation, “new,” “excellent,” “very good,” “good,” “fair,” “poor” or “untested”) represents Property Room’s good faith opinion of the condition or other characteristics or properties of the item, based upon a visual inspection of the item and such other activities deemed appropriate by Property Room. This assessment is subjective in nature and Property Room’s opinion concerning the condition or other characteristics or properties of an item is not a representation or warranty. Without limitation to the foregoing, an assessment by the purchaser or any third party of the condition or other characteristics or properties of the item may not match Property Room’s opinion. In the event that you believe that Property Room has made an error in its assessment, a return can be requested pursuant to the Shipping and Returns Policy. Property Room reserves the right to make minor repair and/or adjustments to an item to meet the item description.
17. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Property Room DISCLAIMS, ON ITS OWN BEHALF AND, WHEN ACTING AS AN AGENT, ON BEHALF OF ITS PRINCIPAL, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Property Room MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE QUALITY, ACCURACY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES Property Room MAKES NO WARRANTY THAT THE WEBSITE, SERVICES OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IT IS YOUR RESPONSIBILITY, AND IT IS NOT THE RESPONSIBILITY OF Property Room, TO HAVE KNOWLEDGE OF, OBEY, OR COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS REGARDING TRANSPORTATION, HANDLING, STORAGE, PURCHASING, POSSESSION, USE, MISUSE OR OWNERSHIP OF THE ITEMS SOLD ON OUR WEBSITE. NO ADVICE, OPINIONS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Property Room OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Some jurisdictions do not allow the exclusion of certain warranties, so the some of the foregoing exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
18. LIMITATION OF LIABILITY
Property Room WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Property Room HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (B) YOUR PURCHASE OF ANY PRODUCT, ITEM, GOOD OR SERVICE THROUGH THE WEBSITE OR SERVICES; (C) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. Property Room’S LIABILITY, AND THE LIABILITY OF OUR PRINTERS, SUPPLIERS, CONTRACTORS AND VENDORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT OF FEES YOU HAVE PAID TO Property Room IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY. Some states do not allow certain limitations of liability, so the foregoing limitations may not apply to you.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Property Room will not be responsible for the availability of any external sites or resources to which Property Room hyperlinks ("Linked Sites"), and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. Property Room will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.
20. Property Room PROPRIETARY RIGHTS
The Website and any necessary software used in connection with it ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you on the Website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Property Room or its advertisers, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part. You will not access the Website by any means other than through the interface that is provided by Property Room for use by the public in accessing the Website.
21. PROHIBITED PRODUCTS; THIRD PARTY PROPRIETARY RIGHTS
It is the policy of Property Room not to permit the sale through the Website of any items that are illegal or hazardous or infringe upon any patent, trademark, copyright, or other intellectual property right (arising under the laws of any jurisdiction) or other proprietary right of any third party (“Prohibited Products”), including but not limited to explosives, firearms, poisons, pharmaceuticals, counterfeit or unauthorized copyrighted material (“knock-offs”), unauthorized replicas (such as counterfeit watches, handbags, clothing or accessories) or pirated copies (such as copies of software, video games, music, movies, TV programs, or photos).
If you believe the materials comprising any listing infringes upon any third party’s intellectual property rights or that any item identified in a listing is a Prohibited Product, please refer to the Intellectual Property and Prohibited Product Policy.
22. NO AGENCY
No agency, fiduciary, partnership, joint venture, employee–employer or franchiser-franchisee relationship is intended or created by the User Agreement.
Notices from Property Room to you and from you to Property Room may be given by either email or regular mail. Notice is deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. If Property Room uses the US mail to send you a notice, the notice will be deemed given three days after the date of mailing. The Website may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices to you generally on the Website.
Any controversy or claim arising out of or relating to the User Agreement or our Services (other than claims for non-monetary equitable relief) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Without limitation to the other limitations set forth in the User Agreement, in any arbitration proceeding, the tribunal may award only compensatory damages and is not empowered to award punitive or exemplary damages. The arbitration shall be conducted in Los Angeles or Orange County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Property Room may seek any equitable relief from a court of competent jurisdiction in Orange County, California, necessary to protect the rights or property of you or Property Room pending the completion of arbitration. You and Property Room hereby submit to the personal jurisdiction of the courts located in Orange County, California for purposes of enforcement of an arbitration award or for purposes of any action seeking equitable relief.
25. GENERAL INFORMATION
The User Agreement (including any material incorporated by reference) is the entire agreement between you and Property Room and governs your use of the Website and the Services. The User Agreement supersedes any prior agreements between you and Property Room. You also may be subject to additional terms and conditions that may apply when you use third-party content, software or services. The User Agreement and the relationship between you and Property Room will be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of a party to exercise or enforce any right or provision of the User Agreement will not constitute a waiver of the right or provision. The headings in the User Agreement are inserted for convenience of reference only and shall not constitute a part hereof. Nothing in the User Agreement is intended nor shall it be construed to confer any rights or remedies upon any person or entity other than you and Property Room. Whenever possible, each provision of the User Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the User Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the User Agreement and the parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the invalidated provision, and the other provisions of the User Agreement remain in full force and effect.