Brandon Estate Auctions and its affiliates, successors, parents,
licensees, and designees
(collectively and individually "Brandon Estate Auctions")
provide you access to the Brandon Estate Auctions web site
subject to the
terms and conditions
of use set forth below (the "Terms of
Brandon Estate Auctions offers certain product
and/or services via the Site.
By using the Site and the Services,
you agree to abide
1. Fees and Costs
Brandon Estate Auctions charges a fee for its products
Please view our product for individual product prices.
You are responsible for
paying any applicable fees and taxes
and for all hardware,
service and other costs you may incur in connection with the Services,
incurred in connecting to the Sites via the Internet.
Brandon Estate Auctions reserves the right, at any time, to charge
or modify fees
access to the Site or for any of its Services.
Brandon Estate Auctions
will notify you
of any such
fees by posting information regarding such fees on the Sites.
2. Content Guidelines/Prohibited Uses
You agree not to post, upload or transmit to the Site or to
Brandon Estate Auctions servers any
text, graphics or other information
is obscene, fraudulent, indecent, discourteous, offensive, or abusive;
defames, abuses, harasses or threatens others;
contains any viruses, Trojan horses, worms, time bombs, cancelbots,
other disabling devices or other harmful component intended to
detrimentally interfere with,
or expropriate any system, data or personal information;
advocates or encourages any illegal activity;
infringes upon the copyright, patent, trademark, trade secret, publicity
or other intellectual property
or proprietary right of any
violates the privacy of individuals, including other users of the Sites;
violates any applicable local, state, national, or international law.
Brandon Estate Auctions in its sole discretion shall determine your compliance with the foregoing guidelines
and reserves the right to delete from the Site without prior notice
any material that it deems to be non-complying or
for any reason. Brandon Estate Auctions may take any action with respect to the Material
if Brandon Estate Auctions believes, in its sole discretion, that the Material may create
liability for itself or any third
parties or may cause Brandon Estate Auctions to lose
(in whole or in part) the services of its ISPs, vendors or advertisers.
Other Restrictions on Use.
You shall comply with all laws and regulations applicable to your use of the Services,
the Site, and the Material.
You are not permitted to use Brandon Estate Auctions name,
URL, trademarks or other material in any manner,
limitation, in connection with "spam" e-mail messages
or newsgroup postings.
has the meaning generally understood among Internet users,
without limitation unsolicited electronic mail advertisements. You
may not impose an unreasonable
or disproportionately large load
(as determined by us in light of the load imposed by other users
on Brandon Estate Auctions infrastructure. You may not use any "bot"
or other automated repetitive
or iterative mechanism or the like
to gain any sort of benefit from Brandon Estate Auctions or any of its business affiliates.
3. Links to Third-Party Sites
Any third-party sites to which the Sites may link are not under Brandon Estate Auctions control
Brandon Estate Auctions does not assume any responsibility or liability for any information,
communications or materials available on such third-party
sites. Absent express language to the contrary,
Brandon Estate Auctions does not intend
links contained on the Sites to be referrals to,
of, the linked third-party sites or the entities that operate them,
and such links are provided for convenience only.
4. DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE
AT THE SITES
(COLLECTIVELY, "INFORMATION") ARE PROVIDED
"AS IS", AND ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Brandon Estate Auctions
MAKES NO WARRANTY, REPRESENTATION
OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS
COMPLETENESS OF THE SITES OR THE INFORMATION OR THAT THE INFORMATION
MAY BE RELIED UPON FOR ANY REASON.
Brandon Estate Auctions MAKES NO WARRANTY, REPRESENTATION
OR GUARANTY THAT USE OF THE SITES, THE SERVICES
OR THE INFORMATION
WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT
ANY DEFECTS CAN BE CORRECTED.
Brandon Estate Auctions CANNOT BE HELD RESPONSIBLE FOR
ANY EVENTS THAT TRANSPIRE THROUGH USE OF OUR SERVICES.
Brandon Estate Auctions IS NOT
AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING
CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITES.
ALL INFORMATION IS SUBMITTED VOLUNTARILY AND
THIS INFORMATION WILL
BE MADE AVAILABLE TO THE PUBLIC. ALL RISKS FOR MAKING THIS INFORMATION
WILL BE BORNE BY YOU, THE USER. IF A DISPUTE SHOULD ARISE
BETWEEN YOURSELF AND ANOTHER USER YOU RELEASE
Brandon Estate Auctions FROM ANY CLAIMS
OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND, KNOWN OR UNKNOWN,
SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED ARISING FROM
SUCH A DISPUTE. WITHOUT LIMITING THE FOREGOING
PROVISIONS OF THIS
SECTION 5, Brandon Estate Auctions SHALL HAVE NO LIABILITY FOR:
any loss or injury caused, in whole or in part, by its actions, omissions,
or negligence, or for contingencies
beyond its control, in procuring,
compiling, or delivering the Information, the Sites or the Services;
any errors, omissions, or inaccuracies in the Information regardless of how
caused, or delays or interruptions
in delivery of the Information;
any decision made or action taken or not taken in reliance upon the Information
any losses or damages whatsoever, whether in contract, tort or otherwise,
from the use of, or reliance on,
the Information, or from the
use by you of the Internet generally;
any special or consequential damages that are directly or indirectly related
to the use of, or the inability to use,
the Services or the Sites,
even if Brandon Estate Auctions has been advised of the possibility of such damages;
any lost profits or special, incidental or consequential damages (no matter
how they might arise,
including from Brandon Estate Auctions negligence) arising
out of or in connection with the Information,
the Services, the
liability to you
is limited to $100. Some states do not allow the
foregoing limitations of liability, so they may not apply to you.
Some states do not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you.
This warranty gives
you specific legal rights and you also may have other legal rights
which vary from state to state.
5. Privacy and Communications to the Sites
Any communication, information or other material you transmit or post to the Sites,
by electronic mail or otherwise
(other than personally identifiable
information about you), including any answers to questions, comments,
or other data supplied by you is, and will be treated
as, non-confidential and non-proprietary.
You hereby grant to Brandon Estate Auctions
a non-exclusive, worldwide, perpetual fully paid-up license
any such communication, information or material for any purpose,
including, but not limited to, reproduction,
publication, distribution, advertising, marketing, promotion, research,
modification, syndication, licensing and posting.
Brandon Estate Auctions use of personally identifiable information,
as well as Brandon Estate Auctions
is governed by the terms
consent to Brandon Estate Auctions use of your information,
as enumerated in Brandon Estate Auctions
also review it regularly for updates.
6. Representations and Warranties
You represent and warrant that:
you have full right and power to enter into and perform these Terms of
Use, and have secured all third party
consents necessary to enter
all factual assertions that you have made and will make to Brandon Estate Auctions are true and
and you are of the age of majority, have the right to enter into legally binding
and have the full and complete right to agree to the
Brandon Estate Auctions reserves the right to terminate this Agreement immediately
and without notice
for any or no cause, at any time. Without limiting the preceding
Brandon Estate Auctions may terminate your use of the Services or access to
immediately and without notice if: (a) you breach the
of a third party in connection with the Services; (c)
Brandon Estate Auctions is unable
to verify or authenticate any information you provide to it,
(d) any material uploaded or transmitted by you to the Sites violates
any applicable laws or rights of any third party.
8. Governing Law, Jurisdiction and Dispute Resolution
of the State of Texas,
without regard to conflict of laws principles.
You and Brandon Estate Auctions agree that any and
all disputes arising out of or related
venue of the state and federal courts located in Texas.
9. Changes to the Services and the Site
Brandon Estate Auctions reserves the right to change, suspend or discontinue any aspect
of the services
or the Site at any time, including the availability of any features,
databases or content.
Brandon Estate Auctions will attempt to provide reasonable notice
of such changes to the
Services or the Site. Brandon Estate Auctions may also impose
limits on features or restrict access to parts of the Site.
upon posting to the Site.
Brandon Estate Auctions therefore encourages you to review
11. Unlawful Conduct
Notifications of any unlawful conduct, including, without limitation, copyright
or other intellectual property
infringement should be sent to Brandon Estate Auctions
Designated Agent at:
P.O. Box 844
Stephenville, TX 76401
law for money damages, if any. In no event shall you be entitled
to injunctive or other equitable relief based
on any act or omission
of Use constitute the entire understanding of you and Brandon Estate Auctions with respect
to the subject matter hereof.
There are no understandings, agreements,
conditions or representations, oral or written, express or implied,
with reference to the subject matter
hereof that are not merged
herein, expressly referenced herein, or superseded hereby. Nothing
as creating any
agency, partnership, joint venture or other form of joint enterprise
between you and Brandon Estate Auctions.
of each other and the invalidity of any provision or a portion thereof
shall not affect the validity or enforceability of any other provision.
In the event that any particular provision is found to be invalid
or unenforceable, such provision shall be deemed
to have been replaced
with a valid and enforceable provision that approximates
as possible the intent of you and Brandon Estate Auctions as reflected in the original
Any delay or failure on the part of Brandon Estate Auctions to enforce any
rights hereunder to which it may be entitled
shall not be construed
as a waiver of the right and privilege to do so at any subsequent
time. You indemnify and hold harmless
Brandon Estate Auctions, and the officers, directors,
employees, partners, principals, agents and representatives of
Brandon Estate Auctions,
from, against and in respect of any and all demands, claims, actions
or causes of action, liabilities,
losses, and expenses, including
reasonable attorneys' fees, arising out of or relating to any breach
by you of any covenant, representation
or warranty made pursuant
to give effect to their meaning,
shall survive any expiration or
all of your representations,
warranties and indemnification obligations.
How you can reach Brandon Estate Auctions:
The Services hereunder are offered by Brandon Estate Auctions, located at:
P.O. Box 844
Stephenville, TX 76401.
Our phone number is 254-968-2083.
Fees for services offered by us are available as described in Section 1.
© 2008 Brandon Estate Auctions. All rights reserved.
All other trademarks, product
names, and company names or logos cited herein remain the property
of their respective owners.