YOU REPRESENT AND WARRANT BY USING THIS SITE THAT YOU ARE AT LEAST 18 YEARS OF AGE, OF SOUND MIND, ARE COMPETENT TO ENTER INTO A LEGALLY BINDING AGREEMENT AND HAVE AUTHORITY TO BIND YOURSELF OR THE PERSON OR ENTITY YOU REPRESENT AND TO BE BOUND HEREBY.
All content on this Site, including without limitation any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, including, without limitation, the names and designs of EstateSales.NET, and all right therein, is owned exclusively by Vintage Software, LLC, a Missouri limited liability company, 100 S High St, Jackson, Missouri 63755 (hereinafter "EstateSales.NET Marks") or the licensors or suppliers of EstateSales.NET and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Site may be copied, reproduced, duplicated, published, or sold, re-sold, transferred, distributed, or exploited in any form or by any means whatsoever without the prior express written permission of EstateSales.NET or the appropriate licensor or supplier. Without limiting the foregoing, neither this Site nor the Services, nor any content or Services on or available on or through this Site, shall be reproduced, duplicated, copied, sold, re-sold, transferred, distributed, or exploited for any commercial purpose.
Information, data, news and other information contained in or on, or accessible or made available through, this Site is generated or provided by you or third parties and EstateSales.NET makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness nor completeness of any of the content herein or accessible hereby in whole or in part. Further, any such information, data, news or other information accessible or made available through this Site may contain errors, defects or be unreliable, and EstateSales.NET makes no effort to review, check or verify any news, data, or other information accessible or made available through this Site. EstateSales.NET assumes no responsibility for the accuracy, truthfulness or usefulness of the data, information or other content on this Site or accessible through this Site, and EstateSales.NET shall have no responsibility to correct or update said data, information or content on this Site. You assume full and complete responsibility for checking and verifying any and all data, information, and content, including without limitation its usefulness, truthfulness, accuracy, completeness or currency. You are responsible for checking or verifying the accuracy, completeness, truthfulness, timeliness, usefulness and value to you to whatever extent you deem necessary, in reliance on other advisers, consultants, experts and resources you deem necessary and you shall indemnify and hold EstateSales.NET, its agents, employees, officers, directors, subsidiaries and affiliates harmless from and against any and all liability, loss, damage, claim, cost, expense, including without limitation reasonable attorneys' and accountants' fees and costs caused by, or arising out of or related directly or indirectly to your reliance on any content contained on this Site or accessible or made available through this Site.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL APPLICATIONS, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN "AS IS," "AS AVAILABLE," BASIS. IN NO EVENT SHALL ESTATESALES.NET BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, MEMBERS, GUESTS OR ANYONE ELSE FOR ANY CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. AS A CONDITION TO USE OR ACCESS TO ANY SUCH INFORMATION, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST ESTATESALES.NET RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM "DAMAGES" AS USED HEREIN INCLUDES WITHOUT LIMITATION ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, CLAIM, FOUNDED OR UNFOUNDED, EXPENSE, FEE OF ANY KIND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS OR ACCOUNTANTS FEES.
ESTATESALES.NET MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING ANY CONTENT CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION SERVICE, NEWS, DATA, INFORMATION OR CONTENT OF ANY KIND, OF THE USEFULNESS, RELIABILITY, TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS TO YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR WARRANTY OF ANY KIND.
ESTATESALES.NET MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THIS SITE OR ANY CONTENT HEREIN OR AVAILABLE FROM OTHER SITES ACCESSIBLE HEREBY, INCLUDING WITHOUT LIMITATION SOFTWARE OR FILES ACCESSIBLE OR MADE AVAILABLE FOR DOWNLOAD HEREFROM, ARE FREE OF OR FROM TECHNOLOGICALLY UNSTABLE FILES OR CHARACTERISTICS, OR BUGS, VIRUSES, ERRORS, DEFECTS, PROBLEMS, TROJAN HORSES, WORMS, OTHER LIMITATIONS OR OTHER CODES OR DEFECTS THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES OR CHARACTERISTICS OR ADVERSE EFFECTS ON YOUR SOFTWARE OR HARDWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OR RELIANCE UPON THIS SITE OR ANY INFORMATION OR DATA SET FORTH HEREIN.
CODE OF CONDUCT
You agree not to use the Services to:
- Post, place, communicate, send, transmit, disseminate, distribute, forward, upload, reproduce, publish or republish, directly or indirectly (hereinafter referred to collectively as "Post" or "Transmit") any information or content of any kind whatsoever, including without limitation data, articles, communications, advice, recommendations, reviews, opinions, news, programming, directories, guides, texts, graphics, photographs, illustrations, logos, audio clips, images, messages, statements, comments, language, software, programs, code, technology or any other content of any kind whatsoever in whatever form or medium (all referred to hereinafter collectively as "Content"), that is in any way i) unlawful or violates or could violate any local, state or federal law, rule, regulation, order, or decree, or gives rise to civil liability, or which encourages or advocates any of the above, or ii) that is offensive or violates the rights or sensibilities of other persons or entities, or iii) is otherwise objectionable or unacceptable to EstateSales.NET (all of the above hereinafter referred to as "Prohibited Content"), said Prohibited Content including without limitation Content which is libelous, defamatory, fraudulent, false, misleading, threatening, harassing, abusive, harmful, malicious, rude, hateful, racist, sexist, discriminatory, obscene, pornographic, profane, vulgar, indecent, crude, or objectionable in EstateSales.NET's sole discretion in any way whatsoever;
- Use or attempt to use the Company Services to restrict, inhibit or interfere with any other Visitor or Representative using or accessing the Site or the Company Services;
- Post or transmit any Content that discloses personal or private information about or concerning, or in any way invades the privacy, publicity or proprietary rights of, any person including without limitation a Company or Visitor of the Site;
- Post or transmit any Content that contains or may contain or result in the posting or transmitting of Content that contains or may contain any destructive, disruptive, corrupting, contaminating, or harmful quality, component or feature, including without limitation any virus, worm, cancelbolt, or Trojan Horse;
- Post or transmit any content that violates or infringes upon, or may violate or infringe upon, the rights or interests of EstateSales.NET, the Site, Companies, Representatives, Members, Visitors, Users or others, including without limitation posting or transmitting without due authorization copyrighted or otherwise protected text, images, property, programs, trade secrets, confidential or proprietary information, intellectual property, or trademarks or service marks;
- Post or transmit any solicitation, request, or petition for any vote, political action, chain letter, pyramid scheme or arrangement, investment opportunity, or sale of security;
- Post or transmit any advertising, promotional information, commercial solicitation, "spamming," "flooding," or content that contains advertising, or exploits any content for a commercial purpose, or sell or offer for sale, rent, lease, or any commercial purpose, any Prohibited Content;
- Post or Transmit Content which contains any request or opportunity to participate in contests or sweepstakes.
- Impersonate or misrepresent in any way your affiliation with any other person or entity, including without limitation EstateSales.NET, any Company, Member, Visitor or user, or any of their representatives or agents.
- Represent that any Content Posted or Transmitted by you is endorsed or approved by EstateSales.NET.
USE OF SITE
Companies are responsible for listing all sales on the Site. Sales must include a title, complete address (exceptions include gated community and other areas that prohibit public advertising), date for address to show, all dates and times of sale, descriptions and pictures if applicable. Sales must be listed 48 hours prior to sale start time to be eligible for email service. EstateSales.NET is not responsible for missed emails and cannot send additional emails for Companies missing the deadline. Companies are responsible for checking the mapping feature to make sure Members and Visitors are sent to the correct location. EstateSales.NET does not check addresses and does not guarantee accuracy of mapping services.
- Links are allowed in the sale description as long as they are links to a company's web site about the sale. Links to other listing sites are not allowed. EstateSales.NET reserves the right to remove links from a sale's description.
- Sale listings are for a maximum four (4) consecutive day duration with the exception of Online Only Auctions which can have a maximum of twenty-one (21) day duration. Sales may only be moved a maximum of thirty (30) days from original listing dates. Sales may be moved for cause, (e.g. house sells, bad weather, etc.). If EstateSales.NET deems a Company is using the site to keep a perpetual sale on the Site for ranking or visibility purposes, EstateSales.NET will issue a warning and remove the sale listing with no refund allowed.
- Companies must pay for featured sale status (Locally, Regionally, and Nationally) at time of sale listing for the week(s) chosen. Featured spots are non-transferable (if a sale is moved, the feature status does not follow the move) and is non-refundable. Feature option should be used for those sales that warrant the added exposure.
- Sales must have an address in order to be featured. Companies may not feature more than one sale per week in a given area. In addition, sales at the same address may only be featured once every 30 days.
- Companies must list sales in the appropriate category (e.g. Estate Sales, Auctions, Moving Sales, Business Liquidations, etc). EstateSales.NET will relocate sales listed out of category and remove all of that Company's sales for repeated misuse. EstateSales.NET reserves the right to remove sales it deems inappropriate for the site.
- Listings on Company City pages are ordered randomly by plan (Gold, Silver, Bronze, and Basic), with the exception that Companies showing the name in a city other than their home city will fall below all other Companies in the same plan in which the city is their home city.
- Companies must list sales on the site 48 hours before start date and time to be eligible for email notice services. Emails are sent out to Members by default the day before sales are due to start in a given city. Members have options of when they want to receive their emails outside of this default option.
- Companies must list sales within 200 miles of their business zip code.
- Pictures must be of actual items for sale (no stock photos).
- Pictures may be removed by EstateSales.NET if they are deemed inappropriate or too controversial for the web site (pictures with nudity, etc).
- All email addresses uploaded by a Company will be emailed to verify the existence of the email address and given the option to sign up for the full EstateSales.NET notification service.
- Company Names. Upon request Companies must supply via fax to EstateSales.NET ((888) 653-8468) a copy of the legally registered Company name (e.g. Business License, Certificate of Incorporation, Certificate of Organization, or Registration of Fictitious name with the Secretary of State's office). Company names used on EstateSales.NET must be the same name the Company uses in all its other advertising including but not limited to Yellow Pages, Newsprint advertising and Internet. If the Company's name in other advertising sources is not consistent with the one presented for use on the Site, EstateSales.NET reserves the right, at our option, to change the Company's name on the Site to be consistent or to suspend the Company's use of the Site until it complies.
- EstateSales.NET reserves the right, in its sole discretion, to remove all or part of a company's advertising on any or all of the EstateSales.NET Sites. Reasons for removal include, but are not limited to, the following: non-payment of clients, prior owner convictions related to stealing or mishandling money, or account/billing issues.
EstateSales.NET reserves the right to remove a sale or prevent a sale from being listed if we deem it to not be a good fit for the site. The following types of sales are the types of sales that SHOULD be listed on the site:
- An estate or tag sale held inside a private home
- An estate or tag sale that has been moved to an offsite location because the sale CANNOT be held at the estate location (gated community, etc) (sale cannot be listed multiple times for the same estate contents)
- An auction held for an estate AT the estate location
- An auction held at a common location that contains different items from the previous auction (at least 80% of the items are different)
- An online only sale or auction for the purpose of liquidating an estate IF physical preview and local pickup are available for most items
- A moving/downsizing/divorce sale held inside a private home (we consider this to just be a small estate sale usually where not all of the items are for sale)
- A business liquidation sale held inside a business that is closing within the next 15 days
- Sales held outdoors are permissible if it is a traditional estate sale
- Collection sales of a single item type are allowed as long as they are from one estate and contain more than 25 items (ex: an art collection)
- Large Charity Events
- Buyouts / Cleanouts
- Demolition Sales (majority of items in house / facility are being removed)
The following are some types of sales that SHOULD NOT be listed on the site:
- Garage sales or yard sales
- Flea Market Sales
- Sales that have been listed before and have many of the same items that were listed previously
- Antique mall, second-hand, consignment, and other store types of sales
- Dealer Sales
- Sales containing fewer than 25 items
- Single item type sales that are not from one estate (car auctions, boat auctions, etc)
- No "place holder" sales (sales must have an address and basic information specifically about the sale contents in order to be posted)
Please contact us via email for support at support@EstateSales.NET. If you need immediate attention or help, you may call us at (888) 653-8468. This phone line is open between 7am and 11pm Central Time. If all support personnel are otherwise engaged, please leave a message and we will usually return calls in the order received. Please do not call personal numbers (home or cell).
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to EstateSales.NET that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
To interact with certain features of the Site, you may choose to or may be required to register. In this event, you will receive a password and account designation upon completing the Service's registration process. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EstateSales.NET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EstateSales.NET has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EstateSales.NET of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EstateSales.NET cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions hereinabove.
Company and/or Member agrees to have its fee charged to its credit card account on the billing date set forth when signing up or updating account information. Any additional listing or service fees will also be charged to its credit card account at time of use. Fees are non-refundable once a service is listed on the Site. Fees for services such as Featured Sales are non-refundable and non-transferable from week originally chosen.
EstateSales.NET reserves the right, in its sole discretion, to terminate your access to any or all EstateSales.NET Sites and the related services or any portion thereof at any time, without notice. You must give written notice via email to email@example.com for termination of account and cancellation of monthly fee charges to your credit card. No refunds will be granted for charges incurred for non-termination notice to EstateSales.NET.
This Site may contain links to other Internet sites, and without limiting the above, EstateSales.NET does not endorse, vouch for or approve such sites or the content contained therein and is not responsible or liable for said content. You link to other sites at your own risk.
JURISDICTION; GOVERNING LAW
CONTACTING THE WEB SITE