Terms of Use
Terms of Use
Welcome to the website of
Repo-Sales.com, a service of Howling Wolf Holdings, L.L.C. (HWH).
This website is best viewed
using a contemporary browser.
Use of this website is offered
to you on your acceptance of these Terms of Use, our Privacy Policy
and other notices posted on this website. Your use of this website or
of any content presented in any and all areas of the website
indicates your acknowledgment and agreement to these Terms of Use,
our Privacy Policy and other notices posted on this website. If you
do not agree to be bound by and comply with all of the foregoing, you
may not access or use our services or website. We suggest you print a
copy of each of these documents for your records.
HWH
shall have the right, at its sole discretion, to modify, add or
remove any terms or conditions of these Terms of Use without notice
or liability to you. Any changes to these Terms of Use shall be
effectively immediately following the posting of such changes on this
website. The most recent version of these Terms of Use may always be
found at http://www.Repo-Sales.com/terms.htm.
You agree to review these Terms of Use from time to time and agree
that any subsequent use by you of this website following changes to
these Terms of Use shall constitute your acceptance of all such
changes. These Terms of Use were last modified on November 10, 2002.
Disclaimer
WE, OUR SUBSIDIARIES, EMPLOYEES
AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS"
AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The performance of
this website and all information contained on, downloaded or accessed
from this website are provided to you on an "as is" basis,
without warranties of any kind whatsoever, including any implied
warranties or warranties of merchantability, fitness for a particular
purpose or non-infringement of the rights of third parties. HWH will
not be responsible for any delays for failures in performance
resulting from acts or events beyond its control, including, but not
limited to, acts of nature, governmental actions, fire, labor
difficulties or shortages, civil disturbances transportation
problems, interruptions of power supply, technical malfunction of any
telephone network or lines, computer on-line systems, servers,
internet access providers, computer equipment, software or any
combination thereof. HWH shall have no liability for any injury or
damage to you or any other persons computer as a result of using this
website.
IN NO EVENT SHALL WE, OUR
SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY
OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE
AMOUNT OF FEES YOU PAY TO US IN THE 3 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the
exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
HWH reserves the right, at its
sole discretion, to modify, disable access to or discontinue,
temporarily or permanently, any part or all of this website or any
information contained thereon without liability or notice to you.
As a visitor to our website, you
acknowledge and agree that any reliance on or use by you of any
information available on this website shall be entirely at your own
risk. In no event shall HWH nor any of its data providers be liable
for any direct, indirect, consequential or exemplary damages arising
from the use or the performance of this website, even if HWH or such
provider has been advised of the possibility of such damages.
Privacy Policy
You
have read and agree to all of the terms and conditions of our Privacy
Policy, which is located at: http://www.Repo-Sales.com/privacy_security.php.
Confidentiality and
Transmission over the Internet
The transmission of data or
information (including communications by e-mail) over the Internet or
other publicly accessible networks is not secure, and is subject to
possible loss, interception or alteration while in transit.
Accordingly, we do not assume any liability for any damage you may
experience or costs you may incur as a result of any transmissions
over the Internet or other publicly accessible networks, such as
transmissions involving the exchange of e-mail with us (including
those which may contain your personal information). While we shall
take commercially reasonable efforts to safeguard the privacy of the
information you provide us and treat such information in accordance
with our Privacy Policy, in no event will the information you provide
to us be deemed to be confidential, create any fiduciary obligations
to you on our part, or result in any liability to you on our part in
the event that such information is inadvertently released by us or
accessed by third parties without our consent.
User Conduct and Obligations
You agree to follow all
applicable laws and regulations when using this website. Furthermore,
you agree that you shall not:
upload, post or otherwise
transmit through or to this website any content that:
is unlawful, abusive,
threatening, harmful, obscene, lewd, offensive, defamatory or
otherwise objectionable;
might infringe the
intellectual property rights, privacy rights, rights of publicity,
or other proprietary rights of others;
might be fraudulent or
involve the sale of counterfeit or stolen items;
contains any viruses,
Trojan horses, time bombs, worms, cancelbots, Easter eggs or other
computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any
system, data or personal information;
disrupt, place unreasonable
burdens or excessive loads on, interfere with or attempt to gain
unauthorized access to any portion of our website, its computer
systems, servers or networks;
provide false information
about yourself to us, impersonate any other person, or otherwise
attempt to mislead others about your identity or the origin of any
content, message or other communication;
transmit junk mail, chain
letters, or other unsolicited bulk e-mail or duplicative messages;
collect information about
other visitors to our website without their consent or otherwise
systematically extract data or data fields, including without
limitation any financial data or e-mail addresses;
sell access to or the use
of this website, including any content contained on, downloaded or
accessed from this website;
redistribute any content,
including financial data, provided by us in any manner whatsoever
including by means of printed publication, fax broadcast, web pages,
e-mail, web newsgroups or forums, or any other electronic or
paper-based service or method;
intentionally alter the
format in which data is provided by us or otherwise circumvent our
regular interfaces to such data.
violate any law, statute,
ordinance or regulation (including, but not limited to, those
governing export control, consumer protection, unfair competition,
antidiscrimination or false advertising);
create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or
other suppliers; and
furthermore, you may not
list any item on the site (or consummate any transaction that was
initiated using our service) that, by paying to us the listing fee,
could cause us to violate any applicable law, statute, ordinance or
regulation.
By uploading, posting or
otherwise transmitting through or to our website any content, you
grant to us, our successors and assigns, a non-exclusive, world-wide,
royalty free, perpetual, non-revocable license to use or distribute
such content in any manner otherwise than as stated in our Privacy
Policy.
Indemnification by User
You agree to indemnify, defend
and hold us and our affiliates, business partners, officers,
directors, employees and agents harmless from any loss, liability,
claim, demand, damage, or expense (including reasonable legal fees)
asserted by any third party relating in any way to your use of this
website or breach of these Terms of Use. We reserve the right to
assume the exclusive defense and control of any matter subject to
indemnification by you, which shall not excuse your indemnity
obligations.
Usage limitations
Posting of listings on this site
is reserved for financial institutions only. If you are registering
as a financial institution, you represent that you have the authority
to bind the institution to this Agreement.
Repo-Sales.com is a venue.
Repo-Sales.com is not an
auctioneer, dealer or broker. Instead, our site acts as a venue to
allow financial institutions to offer and sell repossessed property,
at anytime, from anywhere. We are not involved in the actual
transaction between buyers and sellers. As a result, we have no
control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items. We cannot ensure that a
buyer or seller will actually complete a transaction.
Release.
Because we are a venue, in the
event that you have a dispute with one or more users, you release
Repo-Sales.com and Howling Wolf Holdings, L.L.C. (and our officers,
directors, agents, subsidiaries, joint ventures and employees) 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.
Information Control.
We do not control the
information provided by other users that is made available through
our system. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common sense,
and practice safe trading when using our site.
Listing Description.
You must be legally able to sell
the item(s) you list for sale on our site. You must describe your
item and all terms of sale on the listing page of our site. Your
listings may only include text descriptions, graphics, pictures and
other content relevant to the sale of that item. All listed items
must be listed in an appropriate category.
Fraud.
Without limiting any other
remedies, HWH may suspend or terminate your account if we suspect
that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in
connection with our site.
Access and Interference.
You agree that you will not take
any action that imposes an unreasonable or disproportionately large
load on our infrastructure. Much of the information on our site is
updated on a real time basis and is proprietary or is licensed to HWH
by our users or third parties. You agree that you will not copy,
reproduce, alter, modify, create derivative works, or publicly
display any content (except for Your Information) from our website
without the prior expressed written permission of HWH or the
appropriate third party.
Breach.
Without limiting other remedies,
we may immediately remove your item listings, temporarily suspend,
indefinitely suspend or terminate your subscription and refuse to
provide our services to you if: (a) you breach this Agreement or the
documents it incorporates by reference; (b) we are unable to verify
or authenticate any information you provide to us; or (c) we believe
that your actions may cause financial loss or legal liability for
you, our users or us.
Legal Compliance.
You shall comply with all
applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of our service and your listing,
purchase, solicitation of offers to purchase, and sale of items.
No Agency.
You and HWH are independent
contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
Notices.
Except as explicitly stated
otherwise, any notices shall be given by postal mail to Howling Wolf
Holdings, L.L.C. Attn: Legal Department P.O. Box 16069, Fort Worth,
Texas 76162 (in the case of HWH) or to the mailing address you
provide to HWH during the registration process (in your case). Notice
shall be deemed given 24 hours after mail is sent, unless the sending
party is notified that the mailing address is invalid. Alternatively,
we may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to HWH during the
registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
Arbitration.
Any legal controversy or legal
claim arising out of or relating to this Agreement or our services,
excluding legal action taken by HWH to collect our fees and/or
recover damages for, or obtain an injunction relating to, the
Repo-Sales.com site operations, intellectual property, and our
services, shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in Fort Worth, Texas, and judgment on the
arbitration award may be entered into any court having jurisdiction
thereof. Either you or HWH may seek any interim or preliminary relief
from a court of competent jurisdiction in Fort Worth, Texas necessary
to protect the rights or property of you or HWH pending the
completion of arbitration. Should either party file an action
contrary to this provision, the other party may recover attorney's
fees and costs up to $1000.00.
Third Party Websites,
Content and Products and Services.
Links or pointers to other
websites and references to products and services offered by third
parties are provided to you for convenience only and do not
constitute an endorsement or approval by us of (i) the organizations
that operate such websites; (ii) the content, privacy policies or
other terms of use on such websites; or (iii) such third party
products and services. As we have no control or responsibility over
websites or content maintained by other organizations, or for
products and services offered by third parties, we do not assume any
liability for your use of any of the foregoing, which use you
acknowledge and agree shall be at your own risk.
Proprietary Rights.
REPO-SALES.COM, the blue oval
logo, and other identifying marks of Repo-Sales.com are and shall
remain the trademarks and trade names and exclusive property of
Howling Wolf Holdings, L.L.C., and any unauthorized use of these
marks is unlawful. Other trademarks on this website are the property
of their respective owners. All content on this website, including
without limitation all programs, complied binaries, interface layout,
interface text, documentation and graphics, is the copyrighted
property of Howling Wolf Holdings, L.L.C. and is protected by
international copyright law. The content on this website may be used
by you only for your personal, non-commercial use as provided for in
these Terms of Use, but may not be taken out of context or presented
in a misleading or discriminatory manner. Any rights not expressly
granted to you are reserved by us.
Notice of Copyright
Infringement.
Our policy is to comply with
all intellectual property laws and to act expeditiously upon
receiving any notice of claimed infringement. If you believe that
your work has been reproduced on this website in a manner that
constitutes copyright infringement, please provide a notice of
copyright infringement containing all of the following information:
A physical or electronic
signature of a person authorized to act on behalf of the copyright
owner for the purposes of the complaint.
Identification of the
copyrighted work claimed to have been infringed.
Identification of the
material on our website that is claimed to be infringing or to be
the subject of infringing activity.
The address, telephone
number and e-mail address of the complaining party.
A statement that the
complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright
owner, its agent or the law.
A statement, under penalty
of perjury, that the information in the notice of copyright
infringement is accurate, and that the complaining party is
authorized to act on behalf of the owner of the right that is
allegedly infringed.
All notices of copyright
infringement should be sent to:
Repo-Sales.com
P.
O. Box 16069
Fort Worth, TX 76132
USA
Attention:
Intellectual Property Manager
Facsimile: +1 817-263-6507
E-mail:
info@repo-sales.com
Entire Agreement.
This License constitutes the
entire agreement between parties as to the subject matter hereof and
supersedes all prior understandings or agreements, whether oral or
written. This License may be modified only by written instrument
signed by the parties hereto. The parties acknowledge that this
License shall not be construed against either party on the basis that
it was the drafter of any or all portions of this License.
Governing Law.
The laws of the State of
Texas shall govern this License, notwithstanding any principles of
conflicts of law. You agree that any action at law or in equity
arising out of or relating to this License or the Privacy Policy
shall be filed only in state or federal court located in Fort Worth,
Texas, and you hereby irrevocably and unconditionally consent and
submit to the exclusive jurisdiction of such action.
Severability.
If any portion of this License
is determined by a court of competent jurisdiction to be unlawful,
void, or unenforceable, that portion will be deemed severable and
will not affect the validity and enforceability of any remaining
provisions hereof.
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