This Agreement shall be governed in all respects by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. 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.
Service Upon registration with AuctionShadow, AuctionShadow shall provide to the User access to AuctionShadow's Service (the "Service")as described on this website. The User is responsible for maintaining the User's account and maintaining the confidentiality of User's password. A AuctionShadow account is defined as one User, with one User name and password. AuctionShadow will suspend access or change access to User's account upon notification by User that his or her password has been lost, stolen or otherwise compromised. The Service provided hereunder is limited to the User and may not be resold in any manner whatsoever.
Term: This Agreement shall be effective from the date of first use of the Service, and continuing until it is terminated. This Agreement may be revoked or terminated by AuctionShadow at any time at its sole business judgment. AuctionShadow may terminate this Agreement immediately or suspend the User's access to Services upon any breach of this Agreement by the User, including but not limited to, the User performing activities harmful to AuctionShadow or its other Users, employees, vendors, business relationships or any other Users of the Internet. AuctionShadow may terminate this Agreement without cause immediately upon breach of this agreement. The User is subject to this Agreement until the User's account is terminated or user of the Service is halted. Re-establishing an account or using the Service binds the User to the Agreement in effect on the date of renewal.
Legal Compliance: The User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of AuctionShadow Services.
General Disclaimer: AuctionShadow does not guarantee continuous, uninterrupted or secure access to our Services. AuctionShadow does not warrant for Service interruptions beyond its control such as, but not limited to; User error, User's inability to contact AuctionShadow, network interruptions or slow downs, server disconnections or down time for any reason, changes to the auction website that impact AuctionShadow software, hacker interference, etc. Data displayed on this website about past performance is not a guarantee of similar results in the future. AuctionShadow utilizes high-level, industry-standard security measures, but we can not guarantee absolute protection of User information.
Release: The User releases AuctionShadow, its officers, agents, sponsors and employees from claims, demands and damages (both 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 transactional disputes between auction buyers and auction sellers.
Limitation of liability: In no event shall AuctionShadow or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, Services or this agreement (however arising, including negligence). Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the User's cost of Services at the time of entering into the agreement. AuctionShadow is a no cost service.
Disclaimer of warranty: AuctionShadow expressly disclaims any warranty for it's Services. Services are provided on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the performance of, or arising out of the use of AuctionShadow's Service is borne by the User. AuctionShadow makes no warranty regarding any goods, information or Services purchased or obtained through the use of the AuctionShadow Services. This disclaimer or warranty constitutes an essential part of the agreement concerning AuctionShadow. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to the User and the User may have other legal rights that vary by jurisdiction.
Indemnification: User hereby agrees to defend, indemnify and hold harmless AuctionShadow, its officers, directors, employees and agents, for any loss or damages awarded by a court of competent jurisdiction resulting from any claim, action, or demand, including reasonable attorneys' fees, arising out of or related to AuctionShadow Users' use of any service, or the violation of the agreement by the User.
Notice: Any notice required under the agreement shall be given as follows: notice from User to AuctionShadow shall be in writing and shall be made either via email or certified mail; notice from AuctionShadow to AuctionShadow User shall be in writing and shall be made either via email, certified mail or may be posted as part of the AuctionShadow website.