TERMS OF USE - NEWLYMINE.COM
Welcome to NewlyMine.com a public sale website ("Website"). Any person who wishes to access the Website to participate in bidding or buying of goods from a registered Seller must accept the Terms of Use, without change.
TERMS OF USE AGREEMENT
This document describes terms and conditions applicable to your use of the services made available by NewlyMine.com, Inc., ("NewlyMine," "We," or "Us"). PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
Section 1. Important Information/Definitions.
Please read the following terms and conditions of use carefully. Your use of and/or registration for additional services on this Website implies that You have read and accepted these Terms and Conditions unchanged. Do not use this Website if You do not agree and accept the Terms and Conditions provided below.
1. Definitions. The following terms shall have the following definitions unless inconsistent with their specific usage within the Terms and Conditions of this Agreement:
A. Services means the content, features, and functionality provided by the Website to allow the user to bid on and make purchases from a registered Seller listed on the Website; specifically to act as an online venue to allow You the opportLoty to bid on used household items in an area which You designate within the Loted States and Canada. These online sales of used household items are exclusive to Newlymine Sellers, meaning no live sale will be contemporaneously held and the winner on Newlymine as described herein, is the winner of the sale.
B. Sales means the online public sale of Lot(s) belonging to the Seller, or Consignees of the Seller.
C. Disclosed Agent means Newlymine is a disclosed agent for the Seller that is selling the property listed for sale. As such, Newlymine is a conduit for the sale only. Newlymine is not a party to the sale.
D. Additional Agreements means the additional terms and conditions of the individual Seller. These terms are above and beyond the terms of NewlyMine.com when You bid on a lot at a specific location. You are agreeing to accept the Seller's (Seller) terms and conditions for sale in addition to these on NewlyMine.com
E. Terms and Conditions means those Terms and Conditions which may be changed or amended from time to time including additional Terms, Conditions, or disclaimers which may be added or modified, of which We will provide You notice via pop-up or hyperlink when such changes are, from time to time, made by Us and Your continued use of the Website thereafter constitutes Your acceptance of any change to the Terms and Conditions.
F. Transaction means any purchase effected by You through the Website of a Lot or more than one Lot for sale by a Seller from their Location, particularly, Your bid or bids (winning or non-winning) and, if You are the winning bid, the consummation of the purchase and collection of the Lot won from the Seller's location all constitute the transaction.
G. Website means the NewlyMine.com auction Website located at www.NewlyMine.com or any subsequent URL used by Us from time to time.
H. We, Us, or NewlyMine.com all refer to NewlyMine.com, Inc., a registered Corporation whose principal office is located at, 44 Upjohn Road, Toronto, ON M3B 2W1.
I. You means the person accessing the Website and/or Your authorized representatives and anyone You provide access to your user name and password for the purpose of entering into a transaction or transactions on the Website.
Section 2. General.
2.1 Services. This Terms and Conditions of Use Agreement (hereafter this Agreement) sets forth the general terms and conditions that apply to the use by You of the Webiste, including the features and services offered by Us from time to time at or through the Website (collectively with the Website, the "Services"). BY REGISTERING AS A BIDDER AND/OR USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between You and Newlymine and, if applicable, the Seller, and describes Your responsibilities in connection with Your use of the Services and, among other things, limits the liability of Newlymine. Before using any of the Services, please read all of this Agreement carefully. By accessing or using any Services, You affirm that You are over 18 years of age and are otherwise capable of forming legally binding contracts, and that You agree to be legally bound and to abide by this Agreement. If You are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES.
2.2 Amendments. We reserve the right, exercisable in Our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on Our Website. You may also receive notice of these changes by link or a "pop up" when You next sign in. This Agreement may not otherwise be amended except in a writing signed by You and Us. Any signature by You may be electronic. Continued use of the Services by You constitutes Your binding acceptance of this Agreement, including any changes or modifications made by Us, as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review Your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to You, You must immediately cease all use of the Services and the website. The right to access and use the Services is personal to You and is not transferable to any other person or entity.
2.3 Additional Agreements. As part of the Services provided, we will provide to You from time to time, additional terms and conditions of use applicable to Your use of the Services available at the website from time to time are or may be posted in relevant areas within the website or may be agreed upon by You and Newlymine in a separate written agreement (e.g. Privacy Policy; Lot Location additional conditions of sale; all such additional terms and conditions, "Additional Agreements"). Together with this Agreement, such Additional Agreements will govern Your use of those Services or any other services made available by Us to You. We reserve the right, exercisable at Our discretion, to change or discontinue without prior notice some or all of the Services We provide from time to time at the Website, or change the applicable terms and conditions for Your use of such Services as set forth in the Additional Agreements. Without limiting any of the foregoing, the following policies and agreements are hereby incorporated into this Agreement by reference and provide additional terms and conditions related to specific Services offered on the Website: Newlymine Bid Registration Agreement (http://www.NewlyMine.com) and Newlymine Privacy Policy ( https://www.NewlyMine.com/privacy_policy/ ) and included are the Seller sale rules and regulations (at the specific Seller's Lots for sale page) In case of any conflict between this Agreement and any Additional Agreements, this Agreement will control.
2.4 Your Account. Your Account is identified by Your chosen user Identification (Your "User Name") and You are the only party authorized to use Your User Name. You are responsible for maintaining the confidentiality of Your registered account with Us and any password(s) You have chosen or We may issue to You in connection with Your access and use of the Services. You are responsible for all uses of Your account, whether or not actually or expressly authorized by You. If You believe that Your account and/or password(s) have been misused or compromised in any manner, please contact Us immediately.
2.5 Covenant Regarding Your Account. You agree that You will not maintain multiple registered accounts or User Names with Us without Our express written consent. If You wish to maintain a multiple account, You may submit a request to do so including Your primary User Name and Your reason for having multiple accounts.
2.6 Equipment. You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arising from or relating thereto.
2.7 We are not involved in conducting the auctions. We are not involved in actual transactions between users of the Website or any "External Websites" as defined in section 7.1 below.
Section 3. Online Auctions Participation. THE FOLLOWING DESCRIBES THE TERMS ON WHICH Newlymine OFFERS YOU ACCESS TO ONLINE AUCTIONS CONDUCTED BY PARTICIPATING SELF LOT FACILITIES ("SELLERs").
3.1 Newlymine is only a venue acting as the Disclosed Agent for the SELLER. We are not an auction house and are not conducting the live auctions at the SELLER. Our service allows You to participate in online auctions conducted by the SELLERs. We are solely a passive conduit to facilitate communication between You and the SELLER. We reserve the right, in Our sole discretion, to change some or all of Our services at anytime.
3.1.01 Control. We have no control over the quality, safety or legality of the items advertised on Our Website, the truth or accuracy of the listings, or the ability of SELLERs to sell. We do not ensure that a seller will actually complete a transaction. Notice: due to the nature of self-service Lot statutes, items placed for auction MUST be redeemable by the Lot occupant until the time the sale is completed. Thus, items placed for auction may be removed from auction up and until the time the sale expires, at our discretion, including the period of time after the expiration of the sales clock on the Website.
3.1.02 Release. Notwithstanding section 2.7 above, because We are not involved in the actualtransaction between buyers and the SELLER, in the event that You have a dispute with an SELLER, You release Newlymine (and Our officers, directors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) from 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 such disputes. 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."
3.2 Eligibility. Each Seller that conducts an online auction will have its own specific action requirements that must be met in order for You to participate in that auction. Each SELLER has sole discretion to refuse to approve Your eligibility for any auction. These requirements may differ from the Terms and Condition umbrella requirements on this Website and this Agreement to participate in an auction and these SELLER individual requirements may lengthen or shorten the amount of time to claim the property sold at auction to You and/or may change acceptable payment terms, and etc., which are described more specifically in Section 12.4.
3.3 Fees. As a regular Member you may bid in up to one auction per account without charge of any Buyer's premium. You may also register for various suites of services as a "Platinum Member" which suite of services mainly includes:
NewlymineWatch NewlymineInfinite NewlymineNotify NewlymineManager
If you opt to become a Platinum Member you must provide Us a source to charge monthly membership fees and other charges. You shall provide US payment by credit card with advance written authority to charge the card listed in the Terms and Conditions, which charges may from time to time be increased, until you give Us notice at least then (10) days before the end of the month that you wish to discontinue your membership.
The charges for membership are non-refundable. Any dispute with the SELLER over availability of the kind and quality of the goods purchased is governed by the dispute procedures listed in Provision 13 among other places.
3.4 SELLER Disclosures. Depending on the province or state in which the public auction will be held, the SELLER will provide either a specific description of the Lot(s), an inventory generally describing the goods (this is defined by state statute but generally means that no boxes, valises, or other items sealed in a manner which deter immediate access were opened and reviewed, thus, only large visible items are listed or highlighted, or You may see only a picture of the Lot taken from the front of the Lot). In all cases, the description provided is the only information known by Us about the Lot and Your bid should be based upon the information provided by the SELLER without reliance on Us. We make no warranties, express or implied, of the accuracy of the descriptions, the kind, quality, or count of any items or merchandise in the Lot. We do not control the information provided by the SELLER which is made available through Our systems and You shall not be entitled to a refund from the SELLER or Us in the event You do not determine that the kind, quality, or type of goods are present or that any of the goods sold in a winning bid to You from an auction are in working, safe, operable, or legal condition. You are strictly cautioned to inspect all items for illegal contents prior to removing them from the location should You be the winning bidder of a Lot or Lots. Any illegal materials found including, but not exclusively, illegal pornography, certain guns, drugs, certain types of alcohol, and other items deemed not legal to sell, in the exclusive discretion of the SELLER, are excluded from the sale and You should contact the local Police Department in the area where the SELLER is located for seizure and removal of those items. Should You choose, intentionally or accidentally, to remove contents which contain illegal items (including items deemed illegal by the local ordinances, State and Federal Statutes,) You do so at Your sole risk of loss and liability.
3.5 Bidding and Conditions of Sale. You understand that, due to State or Province law, an online sale may be withdrawn for any reason by the SELLER until the time has expired and a winner has been declared and notified by Us, via e-mail. Under certain other conditions, Your winning bid may be cancelled (See the end of this Provision) and the contents returned to the owner of the Lot as required by state law. You may only bid and use the Website if You are registered. You agree to comply with the general rules of bidding described in Section #12.4 as well as the Seller specific rules or auctions or sale contained in the individual sale posting. All auctions will be conducted in your host country currency. SELLERs are entitled to set applicable minimum bids. The winning bid in any auction will be the highest bid to a registered participant on the Website (that exceeds the reserve price if any) and meets the other conditions that are specific to the sale. If You are the winning bidder, You acknowledge and agree that You have placed the highest bid above any reserve or minimum bid price and once We confirm acceptance of Your bid, that You have entered into a legally binding contract to purchase and remove within the time period provided the entire contents of the Lot from the SELLER. Any attempt to cancel or withdraw Your bid after it has been accepted and determined to be the winning bid by Us or the SELLER will be considered a breach of this Agreement. Rules governing bid increments and other conditions the buyer must meet to purchase the Lots may change and are posted with each advertisement for each individual auction. The current minimum bid increment, at the Website, is Five Dollars ($5) and may be higher based on the SELLER requirements listed in the specific rules of the SELLER. The SELLER will post the terms and conditions which are specific to the sale and are in supplement to the ones contained in this Terms and Conditions statement and will maintain those terms throughout the entire auction period. You agree to be bound by these additional bidding Terms and Conditions of sale by agreeing to this Agreement and placing a bid. This Agreement, in addition to those SELLER terms and conditions, governs Your bidding activity as well as Your participation in an auction. We have the final right and determination with respect to Your bid on the item, the sale of the item, the resolution of disputes including the right to, in Our sole discretion, to determine: (a.) who is the successful final bidder; (b.) reject any bid that We believe is not commensurate with the value of the item being offered; (c.) any bid that We believe may have a detrimental effect on the item in question; (d.) any bid We believe to be a fraudulent bid as described below; (e.) any bid which does not meet the minimum bid increments. Finally, You understand that the sale is not considered consummated or final until all money due, is paid by You to the SELLER and You begin removing property from the Lot(s). Until that time, You understand and agree that the owner of the Lot(s), or in some states, any lienholder of the Lot(s), may redeem that property from the Lot(s) until the sale is final. Therefore, it is possible that You might be the winning bidder and appear to pay for the Lot(s) and may not be able to claim the contents. It is therefore in Your best interest to pay for Your winning Lot(s) as quickly as possible after You are declared the winning bidder and to remain in contact with the SELLER.
3.6 Anti-Fraud/Fraudulent Bidding. Your right to bid on auctions, even close to the end of the sale, may be suspended for a manual anti-fraud check for up to thirty (30) minutes and may be suspended longer for a more complete investigation. Anti-fraud checks are performed if We believe You, as Our registered customer, are not the actual bidder, or winning bidder information is placed that indicates that the registered user is not the actual winning bidder, or if bid increments increase at rates or levels which We deem to be inappropriate, unacceptable, or a cause for concern of fraudulent activities.
3.7 Closing out Bidding. Bids can only be made, and will only be accepted, during the specified time period. The SELLER may extend this specified time period at their sole discretion, for any reason. Additionally, any bid made within the last 1 minute of the specified time period extends the time so that 2 minutes shall remain. Therefore, there will always be 2 minutes remaining after any given bid within the last minute of bidding. The online collection of bids shall not cease until 1 minute have passed without any additional bids.
3.8 Newlymine Website Video and Audio. Any audio or video aspects of an online auction event are for entertainment purposes only. You will not rely on any audio or video posted on the website or electronically to determine the status of the bidding on the Lot at the SELLER, or the value of the contents.
3.9 No Warranty. WITHOUT LIMITING SECTION 11 BELOW, WE DO NOT WARRANT THAT THE ONLINE AUCTION SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT BIDS WILL BE RECEIVED BY THE SELLER OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION, NOR DO WE GUARANTEE THE PERFORMANCE OFANY OBLIGATIONS BY A SELLER.
3.10 Limitation of Liabilities. WITHOUT LIMITING SECTION 12 BELOW, IN NO EVENT SHALL WE, THE SELLERS, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITHTHE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED OR RECEIVED BY YOU OR THE SELLER IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING OUR NEGLIGENCE).
3.11 Failure to appear after winning. You have the time stated on the individual sale page (if no time is stated then the time is 24 hours), from the time you are notified that you are the winner of the sale to appear at the Seller's location and pay the winning bid amount plus applicable sales tax for the Lot(s). If you do not appear within the Pick up Date and Time Period specified as notified, regardless of any other communication you may have with the SELLER, you will be deemed in breach of contract and to have defaulted on this Agreement. You continue to remain liable to the SELLER for any damages they suffer. The SELLER and We may further offer the Lot(s) to the next highest bidder, list the Lot(s) in the next scheduled sale for the SELLER, or dispose of the contents as if You authorized us to do so. You agree to waive all claims against Us and the SELLER arising from wrongful disposal once You are in default. We, may further terminate Your right to participate in future sales on the Website for any period of time We deem appropriate. If We offer the Lot(s) to the next highest bidder and that bidder accepts, You still remain liable to the SELLER for the difference between Your bid and the next highest bid, plus additional costs and lost revenue belonging to the SELLER.
Section 4. Information You Provide to Us.
4.1 Your Information. The term "Your Information" means collectively the following: (i) any information or materials You provide to Us in connection with Our registration process, Your use of any Services or in email correspondence with Us, (ii) any information or materials You provide to other users of the Website in connection with Your use of any Services, or in any public message board or chat room area, (iii) any information or materials You provide to the SELLER or other third party of Newlymine in connection with Your use of any Services, and (iv) any search terms or other instructions that You transmit to Our servers through a web browser. Please note that the information and materials belonging to You which may be a portion of this Agreement may include without limitation textual information, graphic images, photographs, and audio-visual materials. Except as may be otherwise expressly provided to the contrary in this Agreement or the Additional Agreements, You are solely responsible for Your Information, and We act at all times as a passive conduit for Your online distribution, communication, and/or publication of Your Information.
4.2 Covenant Regarding Your Information. You agree that Your Information: (i) will not be false, inaccurate, frivolous, or misleading, (ii) will not infringe any third party`s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (iii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising),
(iv) will not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or obscene, (v) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services, (vi) will not create any liability for Newlymine or cause Newlymine to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, and (vii) will not contain any links to or from other information or websites for which You do not have the right to make or reproduce such links.
4.3 Updated Information. If You are a registered user of the website, You agree to promptly update Your account registration information in order to keep it current, complete, and accurate.
4.4 Limited License. To enable Us to use Your Information, so that We are not violating any rights You might have in Your Information, You hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or hereafter existing, with respect to Your Information.
4.5 Privacy Policy. Newlymine is committed to protecting your privacy. Click here https://www.NewlyMine.com/privacy_policy/ for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Newlymine may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Website or disclosed to you by Newlymine except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassments, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Privacy Policy. You also give Your consent to the way We may use Your Information pursuant to the Privacy Policy. If You have any questions not addressed in Our Privacy Policy Document, You should address them to 44 UpJohn Road, Toronto, ON M3B 2W1 or email to
[email protected]. Any information You provide to an SELLER or other third parties is governed by their respective privacy policies.
Section 5. Use of Content.
5.1 Copyright. You acknowledge that the Services contain information, text, software, photographs, music, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Newlymine, the SELLER's, or third parties. All Content used or made available through the Services is copyrighted as a NewlyMine,Inc., collective work and/or compilation of Newlymine pursuant to applicable copyright law. Newlymine owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to Newlymine and specifically the form and format for conducting online Lot auctions. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services.
5.2 Limited License. Subject to Your compliance with the terms and conditions of this Agreement (including without limitation the restrictive terms and conditions set forth in this Section 5), and except to the extent otherwise expressly provided in an Additional Agreement between You and
Newlymine, You are granted a limited non-exclusive, non-transferable, non-sub-licensable, and revocable license to access the Services and/or Content only for Your own personal noncommercial use.
You acknowledge that all Content included with the Services is provided for Your own use. In no case shall You re-publish the Content in any form without express written permission of Newlymine. Your right to use the Services is limited to a single workstation at a time unless an additional agreement for network access has been signed by both parties. You acknowledge that You are not permitted to sell or otherwise dispose of any software downloaded from Us and that no rights granted hereunder may be assigned or sublicensed by Licensee, any assignment or sublicense being void.
You agree that You may not in any way exploit or commercially use any of the Services and/or Content, in whole or in part, except as expressly permitted in this Agreement or in an Additional Agreement between You and Newlymine. You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted materials. You shall not store electronically any portion of any Services and/or Content. You may not collect and use email addresses of other users of the Website or other user account information, listings, or perform any form of data extraction or data-mining whatsoever.
5.3 Trademarks. Newlymine and NewlyMine.com are trademarks and service marks of
NewlyMine, Inc., ALL RIGHTS RESERVED. All other trademarks, service marks, product names and company names or logos appearing on the Website are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of same, is strictly prohibited.
5.4 Uploading or Posting Content. You will not upload, post, or otherwise make available through the Services any Content protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting Content to any public area of the Website, You hereby grant, or warrant that the owner of such Content has expressly granted, Newlymine a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly display and distribute such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user of the Services to access, view, store, or reproduce such Content for that user`s personal use.
5.5 Beneficiaries. The foregoing provisions of this Section 5 are for the benefit of Newlymine, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Section 6. Website Access; Interference with Services; Monitoring; Compliance with Laws.
6.1 Website Access. We do not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Website may be interfered with by numerous factors outside of Our control. Internet connection speed will determine how rapidly pages with photographs load to Your browser.
6.2 No Interference. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy Our web pages or the content contained herein without Our prior expressed written permission. You agree that You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or the Services, or any transaction being conducted on or through the Website or Services. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on Our server infrastructure of the Website.
6.3 Fraudulent Activity. You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services. You may not impersonate any other user of the Services, or make use of another user`s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by Us to law enforcement authorities, and We will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.
6.4 Monitoring. You agree that Newlymine has the right, but not the obligation, to monitor any form of user activity and/or content linked to or from or otherwise associated with the Services. We may investigate any reported violation of Our Agreement, Additional Agreements or Website policies, and any user or other third party complaints relating thereto. We may take any action that We deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending or terminating Services, denying Website access and/or removing any materials posted on the Website, and/or temporarily suspending an account during such investigation), all of which is described in Section 8.1. We may also investigate, in Our sole discretion, the use of any credit card used by You in connection with the Services, and take such action as We deem necessary or appropriate, including without limitation contacting the owner or user of such credit card or canceling purchases placed by such owner or user.
6.5 Compliance with Laws. The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be conducted by means of the Services.
Section 7. External Websites; Linking.
7.1 External Websites. The Services may contain links to websites on the Internet that are owned and operated by third parties (the "External Websites"). This Agreement does not apply to Your use of any External Website to which the Website links, and We are not responsible for the availability of any External Website to which the Website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Website, and You acknowledge that Newlymine is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Website. Under no circumstances will We be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to You in connection with Your use of, or reliance on, any content, goods, or services available on any External Websites. If You decide to access an External Website, You do so at Your own risk. You should contact the Website administrator or Webmaster for those External Websites if You have any concerns regarding such links or the content or services located on such External Websites.
Section 8. Breach.
8.1 Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Your registered user account and/or refuse to provide the Services to You: (i) if You breach this Agreement or any of the Additional Agreements it incorporates by reference or which You have separately entered into with Newlymine; (ii) if We are unable to verify or authenticate any information You provide to Us; or (iii) if We believe that Your actions may cause legal liability for You, Us, Our other users, or other third party business affiliates.
Section 9. Indemnity.
9.1 You agree to indemnify, defend, and hold Newlymine and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Company Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys` fees) incurred by any Newlymine Party in connection with any use or alleged use of the Service under Your password by any person, whether or not authorized by You. Newlymine reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Newlymine` defense of such claim.
Section 10. Termination of or Change in the Services.
10.1 Newlymine shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services. Newlymine reserves the right, in its sole discretion, to restrict, suspend, or terminate Your access to all or any part of the Services at any time for any reason without prior notice or liability. Newlymine may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content without prior notice or liability.
SECTION 11. DISCLAIMER OF WARRANTIES.
11.1 NEITHER NEWLYMINE NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES NEWLYMINE, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE, SERVICES OR THE CONTENT. THE SERVICES AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF NEWLYMINE, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, SERVICES, ANY CONTENT OR ANY PRODUCTS SOLD THROUGH THE SERVICES. NEITHER NEWLYMINE NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE OR SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. WITHOUT LIMITING ANY PROVISION HEREIN, NEWLYMINE MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER SYSTEM CONFIGURATION WILL BE COMPATIBLE WITH THE WEBSITE. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR COMPUTER SYSTEM HAS THE RECOMMENDED HARDWARE, OPERATING SOFTWARE, AND INTERNET BROWSER SOFTWARE VERSIONS TO ACHIEVE THE WEBSITE`S FULL FUNCTIONALITY AND CAPABILITIES. Some states do not allow the disclaimer of implied warranties or limitation on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to You. You may have other rights, which vary from state to state.
SECTION 12. LIMITATION OF LIABILITY.
12.1 THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION 12 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEWLYMINE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12.2 UNDER NO CIRCUMSTANCES WILL NEWLYMINE OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR THE SERVICES, OR ANY LOSS OR DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION CONTAINED ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
12.3 NEITHER NEWLYMINE, ANY THIRD-PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF BUYER PREMIUMS YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such states, the liability of Newlymine, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to You.
12.4 Specific Auction Rules Pertaining to SELLERs.
The following are the specific rules regarding purchase from the SELLERs. Additional rules by sale or location may apply and are listed on the individual auction page.
1. This public sale is being conducted pursuant to the Province or state's in which the Location is located
2. To the best of SELLER's belief, none of the property in the Lot is subject to a lien superior to the SELLER's.
3. The decision as to the winner of each sale by NewlyMine is final and binding on each sale today. Winning bidder will be notified by e-mail.
4. Each of the Lots may have been held at the Location and were subject to inspection and/or inventory.
5. All items purchased today are ``as is, where is." The SELLER does not warranty or guarantee any item purchased.
6. All purchased items should be inspected prior to leaving the Location, especially items of furniture. The SELLER of Consigned Lots is not liable for any illegal contents removed from the location by winning bidder.
7. All payments must be made in cash unless otherwise provided on the specific Lot or Location auction page.
8. The Lot must be fully removed on the set Pick up Date and Time Period. After that time, the goods left will be deemed abandoned and disposed of by Owner in any reasonable manner and Owner will not be liable to any winning bidder for disposal of the abandoned property. If You do not appear and pay for the Lot by this time, We may dispose of the contents or offer the Lot to the next highest bidder or sell the Lot at the next auction (all in Our sole discretion.) You remain obligated to the SELLER for its damages (See Provision 3.11).
9. A reserve may be in place for each individual Lot which will be announced on the individual auction page.
10. To the extent required, sales tax will be charged in addition to the accepted bid price, unless You present a tax exempt resale number.
11. Items of a personal nature found in the purchased Lot or Lots, such as wedding licenses, photographs, birth certificates, tax records, etc., are excluded from the sale. You agree to box or bag such items in a box or bag provided by the Seller with the Lot number attached and turn said items in to the Seller. In some provinces or states, removal of these items is illegal and in all instances prohibited by this Agreement.
12. Owner and/or Seller reserves the right to bid on and/or buy any and all Lots.
Section 13. Miscellaneous.
13.1 Governing Law. ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT, OR THE NEGOTIATION, VALIDITY OR PERFORMANCE OF THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE LOT LOT IS LOCATED WITHOUT REGARD TO ITS RULES OF CONFLICT OF LAWS. Each of the parties hereto hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of the State or Province in which the Lot is located (the "State Court") for any litigation among the parties hereto arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement, waives any objection to the laying of venue of any such litigation in the State/Province Court and agrees not to plead or claim in any State/Province Court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the Provincial or State Court.
13.2 Headings. Section headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13.3 Severability; Construction. 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. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions of Additional Agreements (whether such Additional Agreements are posted in electronic format on the Website or are separate written agreements entered into between You and Newlymine) such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions of the Additional Agreements shall control.
13.4 Waiver. Newlymine's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Newlymine's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Newlymine must be made in writing and signed by an authorized representative of Newlymine specifically referencing this Agreement and the provision to be waived.
13.5 Assignment; Third-Party Beneficiaries. This Agreement will inure to the benefit of Newlymine`s successors and assigns. Except as set forth in this Agreement, this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto.
13.6 Notices. Except as otherwise provided herein, any notices to be given pursuant to this
Agreement may be given by postal mail to NewlyMine, INC, 44 UpJohn Road, Toronto, ON M3B 2W1 Attn: Vice President of Operations (in the case of Us) or to the e-mail address You provide to Newlymine during the registration process (in Your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Newlymine during the registration process in the event that an address was supplied. In such case, notice shall be deemed given 3 days after the date of mailing.
13.7 No Agency; Third-Party Beneficiary Newlymine is not the agent, fiduciary, trustee or other representative of You. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be constructed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representation, warranties, covenants, conditions and provision hereof are intended to be and are for the sole and exclusive benefit of Newlymine, the SELLER and You.
13.8 Survival. Subsections 3.1, 3.2, 3.3, 3.4, 3.5, 3.7, 3.10, 3.11, 3.12, 4.2, 4.4, 5.2, 5.3, 5.4, 5.5, 7.1, 11.1, 12.1, 12.2, and 12.3 and Sections 8, 9, 10, 11 and 12 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.
13.9 Integration. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and except for any Additional Agreements that You may have entered into with Newlymine, supersedes all previous written or oral agreements between the parties with respect to such subject matter hereof.
Please Contact NewlyMine.com with any questions regarding this Agreement.
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