Registration and Privacy
Use and Restrictions
- Links to Other Sites
The Application and Site contain links to other independent third-party web sites (the “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon your Account Information or the Content you elect to view. Such Linked Sites are not under either Fair Warning’s or Auction Mobility’s control, and neither are responsible for nor endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served will be from affiliated merchant sites, and sales through these affiliated sites may generate a commission payable to either Auction Mobility or Fair Warning. Neither Fair Warning nor Auction Mobility accept any responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Application and/or Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Warranties, Disclaimers and Limitations of Liability
- Your Warranties
- Disclaimer of Warranties
Limitations of Liability
If you have a dispute with Fair Warning, you release Auction Mobility (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from any and all 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 dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.Likewise, if you have a dispute with Auction Mobility, you release Fair Warning (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from any and all 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 dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Consent to Electronic Notice
By using the Site, the Application or the Services, you agree that Auction Mobility and Fair Warning may communicate with you electronically regarding administrative, security and other issues relating to your use of the Site, Application and Services. You agree that any notices, agreements, disclosures or other communications that Auction Mobility or Fair Warning send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.
Term and Termination
Binding Bilateral Arbitration and Applicable Law (Continued from Section titled “Binding Arbitration” above)