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THE TERMS ON WHICH YOU ARE OFFERED ACCESS TO aaEtc.com.
This Term of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on May 8th, 2007 for all users.
1. User Eligibility
Our services are available only to individuals over the age of 18. If you are under the age of 18, you can use this service only under the supervision of your parents or guardians. If you do not qualify, please do not use our site.
2. User Fees
Cost of use of the services provided by the website is a matter between the lister and aaEtc.com.
3. We Are A Directory Only
The site acts as a directory to allow anyone to search for listings that are believed to be of interest to collectors.
4. Verification of Identity
Because user verification on the internet is difficult, aaEtc.com cannot and does not confirm each user's identity.
5. No Control Over Exhibitor Information
We do not control the information provided by other users that is made available on our website. 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 the site. By using this site, you agree to accept all or any risks and aaEtc.com is not responsible for the acts or omissions of others on the site.
6. Listing Information You Provide
Upon using this site, you agree that your listing information and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) infringe any third party copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy; (c) any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, threatening or unlawfully harassing; (e) be obscene or contain child pornography; (f) contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers.
7. Listing Subject To Removal
We welcome all types of listings, however we do retain the right to remove any listing that does not fit any category on the site and/or is placed in the wrong category. Any listing displayed that the editor at his sole discretion finds offensive or the quality of the image is such that it detracts from the listing it will be removed. Any listing not willing to communicate, or is aggressive or rude to the editor will be subject to removal.
8. Access And Availability
Much of the information on the site is updated on a real time basis and is proprietary or licensed to aaEtc.com by our users or third parties. You agree that you will not use any robot, spider, or automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not : (a) take any action that imposes, or may impose in our sole discretion an unreasonably disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except your listing information) from the site without the prior express written permission of aaEtc.com and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or (d) bypass our measures that are designed to prevent or restrict access to the site.
10. No Warranties, Express or Implied
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 may also have other legal rights that vary from state to state.
11. Liability & Indemnification
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFIT 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, officers, directors, employees and suppliers or any third parties in any circumstance is limited to the greater of (A) the amount of fees you pay us in the 12 months prior to the action giving rise to liability, and (B) $100. Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney's fees made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
12. Independent Contractors
You and aaEtc.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site be interfered with by numerous factors outside of our control. If any provision of this agreement is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between with respect to the subject matter hereof.