This Agreement describes the terms and conditions applicable to your use of the HotMush Auctions web site, services and software (collectively, the “Services”). By using the Services, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions, you are not authorized to use the HotMush Auction web site (the “Web Site”) or Services.
Use of Services. The Services are available only to individuals who can form legally binding contracts under applicable law. HotMush Auctions may refuse our services to anyone at any time, at our sole discretion.
As long as you remain in compliance with these Terms of Service, HotMush Auctions grants you the right to use the Services as described herein. You agree that the Services constitutes a valuable property and trade secret of HotMush Auctions and that HotMush Auctions retains all intellectual property rights thereto (and to any related materials, information and processes). You agree not to modify, copy, disclose, reverse-engineer, decompile, disassemble or create derivative works from the Services or disclose or provide access to the Services to any unauthorized party. You agree not to remove or modify any of HotMush Auctions copyright and other proprietary notices included with the Services.
If you violate any of these Terms of Service, your permission to use the Services automatically terminates and you must immediately cease your use of the Services.
Payment must be made in full when services are rendered. All payments must be made by PayPal or credit card at time of purchase. We do not accept cash, checks or any other method of payment.
All HotMush Auction fees are exclusive of any federal, state and local taxes. Payment of appropriate taxes is your responsibility.
All purchases are final and non-refundable.
Password and Security. Every user of HotMush Auction must register with the HotMush Auction web site in order to establish a unique personal login (email address) and password. You are responsible for keeping your password confidential. We recommend you memorize your password, and not write it down. You may not share your password with any other person. You are responsible for all activity occurring through use of your account and/or password with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify HotMush Auctions of any actual or suspected unauthorized use of your account or password. HotMush Auctions cannot and will not be responsible for any loss to you arising from your failure to comply with the above. You agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by HotMush Auctions. Until notified otherwise by HotMush Auctions, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by HotMush Auctions and follow HotMush Auctions log-on procedures. You acknowledge that HotMush Auctions is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. You acknowledge that it is possible that electronic communications may be accessed by unauthorized third parties when communicated between you and HotMush Auctions using the Internet, other network communications facilities, telephone or any other electronic means.
Access. In order to use the Services, you need the equipment necessary to connect to the World Wide Web, and the Internet connection necessary to access it. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or other online service). You will also need an appropriate computer, related equipment, and software (your “Computer”). You are responsible for installing, maintaining, and operating your Computer. HotMush Auctions is not responsible for any problems caused by your Computer, including any virus or related problems associated with your use of the Services on your Computer. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Web Site and Services may be interfered with by numerous factors outside of our control.
Use of Materials. The contents of the Web Site, such as text, graphics, images, downloadable and other material (“Materials”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws and is prohibited.
HotMush Auctions authorizes you to view and download the Materials solely for your and your organization’s noncommercial use. Special rules may apply to the use of certain features and services and other items provided on the Web Site. Any such special rules are listed as Legal Notices on the Web Site and are incorporated into this Agreement by reference.
Certain use of the Materials generated by HotMush Auctions are intended for your use in promoting and/or conducting your event. Such Materials include procurement forms, procurement letters and emails, mailing lists and labels, auction catalog, auction bid sheets, display certificates, gift certificates and winning bidder cards, live auction bid recording sheets, guest labels, item labels and various auction reports. HotMush Auctions grants you a limited license to use these materials solely in connection with the promotion and/or conducting of your event.
You must retain all copyright and other proprietary notices contained in the original materials on any copy you make of the materials. You may not sell the materials. You may not reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose except in connection with the promotion and/or conducting of your event. The materials may not be used on any other web site for any purpose unless our prior written permission is obtained.
If you violate any of these Terms of Service, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.
Electronic Message Deliverability. The Services may include features enabling the sending of electronic messages via external networks that are outside of HotMush Auctions control. Examples include sending email messages via the Internet, and sending text messages via short message service cellular networks. HotMush Auctions makes no guarantee as to the deliverability of such messages. You acknowledge that ReadySetAuction is not responsible for the delivery of electronic messages sent through the HotMush Auctions service. Such messages may be delayed for an indeterminate period of time, or may not be delivered at all.
Links to Other Sites. The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by HotMush Auctions of the contents on such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Support Policy. Technical support is provided exclusively via web-based help desk and email. We make every effort to respond to all support inquiries within 24 hours during regular business hours (Monday through Friday, 9:00 AM – 5:00 PM Pacific Standard Time, excluding holidays). Support is provided only to users with an active HotMush Auctions staff account who are registered staff members of a HotMush Auctions event.
Limit of Liability. IN NO EVENT SHALL HOTMUSH AUCTIONS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE MATERIALS. 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 FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
No Warranty. The Materials, including information obtained from independent suppliers not affiliated with HotMush Auctions, is believed to be reliable, but may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, sequence or timeliness of the materials or about the results obtained from using the Web Site, the Services or the materials. The use of the Web Site, the Services and the materials is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
HOTMUSH AUCTIONS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, READYSETAUCTION IS NOT RESPONSIBLE FOR THOSE COSTS. WE AND OUR SUPPLIERS PROVIDE THE WEB SITE AND THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. HOTMUSH AUCTIONS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. In such states, HotMush Auctions liability is limited to the greatest extent permitted by law. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Off Site Events. As an intermediary, we will not and cannot be involved in your organization’s dealings. In the event that a dispute arises among one or more users, or between a buyer and a seller, you release HotMush Auctions (and our officers, directors, employees and agents) from any and all 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.”
For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution – and common sense – when using the Web Site.
Registration Data. Your registration information includes any information you and/or your organization provides to us during the registration process (“Registration Data”). The Registration Data is subject to our Privacy and Security Policy. In consideration for your use of the Web Site, you agree to provide true, accurate, current and complete Registration Data, and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
User Submissions. You are solely responsible for any communication which you post to the Web Site, including communications posted to your organization’s private site on the Web Site (“User Submissions”) and we act as a passive conduit for your online distribution and publication of your User Submissions. However, we may take any action with respect to User Submissions we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You agree that your User Submissions: (a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to or include descriptions of services that are prohibited under this Agreement.
In order to enable ReadySetAuction to use and display the User Submissions you supply us with, including any endorsements or testimonials regarding the Web Site and services, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the User Submissions alone or as part of other works in any form, in any media now known or not currently known. We do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on materials posted by other users on the Web Site will be at your own risk.
System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may neither disclose your password to nor share your password with any third parties or use your password for any unauthorized purpose.
Breach. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account, and remove any information you place on the Web Site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Indemnity. You agree to defend, indemnify, and hold harmless HotMush Auctions, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your use of the Services or Materials (b) your breach of the terms of this Agreement (c) any activity (including negligent or wrongful conduct) by you or any person in your organization (or acting on your organization’s behalf) in connection with your use of the Services or Materials.
HotMush Auctions shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
No Agency. You and/or your organization and HotMush Auctions are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices. Except as explicitly stated otherwise, any notices to HotMush Auctions shall be given by email to the support email address provided on the HotMush Auctions web site and any notices to you shall be given by email to the email address you provide to HotMush Auctions during the registration process. 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 HotMush Auctions during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
General. This Agreement shall be governed in all respects by the laws of the State of California, United States of America, without respect to its conflicts of laws principles. You and HotMush Auctions agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California. 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. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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 us with respect to the subject matter hereof.