PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) BEFORE USING THIS WEB SITE. By using this Web site, you are automatically agreeing that your access to and use of this site are subject to the following terms and conditions, in addition to all other applicable laws and regulations, and are undertaken at your own risk. If you do not agree to these terms and conditions, please do not use this Web site.
We reserve the right to modify these Terms of Use at any time, and from time to time, without notice. You agree to review these Terms of Use periodically to be aware of such modifications. We will indicate that changes to these Terms of Use have been made by updating the date indicated after “Last Modified” at the end of these Terms of Use. Your continued use of this Web site following the posting of any changes to these Terms of Use shall be deemed to be your conclusive acceptance of such changes. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this Web site.
Additional terms and conditions may apply to the purchase of products offered on this Web site, such as shipping and return policies. By using this Web site, you agree to such terms and conditions.
Copyright and Ownership of Web Site Content
This Web site, and all of the content featured or displayed on the site, including, without limitation, all text, graphics, photographs, images, sound, illustrations and software (collectively, the “Content”), is owned by Red Apple Auctions Co. (the “Company”), its licensors and/or Content providers, and is protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. Except as may be otherwise indicated in specific documents within this Web site, you are authorized to view, play, print, and download documents and audio and video clips found on this Web site for personal, informational, and non-commercial purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the Content contained on this Web site. This Web site, its Content, and all related rights shall remain the exclusive property of the Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Web site.
Trademarks
All trademarks, service marks, and trade names of the Company used herein, including, without limitation, the Red Apple Auctions name and logo and our Impulse Auction® auctioneering services, Rolling Close™ silent auction methods, Raffle Boosters™ cash generators, and Activity Match™ benefit auction techniques (collectively, the “Marks”), are trademarks or registered trademarks of the Company. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way without the Company’s prior written consent.
Third-Party Links
From time to time, this Web site may contain links to Web sites that are not owned, operated, or controlled by the Company. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. We are not responsible for any content, materials, or other information located on or accessible from any other Web site, nor do we endorse, guarantee, or make any representations or warranties regarding any other Web sites or any content, materials, or other information located on or accessible from any other Web sites. If you choose to access any other Web sites linked to from this Web site, you do so entirely at your own risk.
Privacy
We are committed to providing you with a safe shopping atmosphere and to safeguarding your privacy. Please refer to our Security & Privacy Policy section for an explanation of the terms governing our use of personal information provided by you in connection with your use of this Web site.
Disclaimers
THIS WEB SITE, AND THE PRODUCTS AND INFORMATION ON THIS WEB SITE, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, UNLESS OTHERWISE INDICATED. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, ADEQUACY, OR RELIABILITY OF THE INFORMATION CONTAINED ON THIS WEB SITE, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION CONTAINED ON THIS WEB SITE MAY NOT BE CURRENT, AND WE MAKE NO COMMITMENT, AND ASSUME NO RESPONSIBLITY, TO UPDATE SUCH INFORMATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
Limitations of Liability
Your use of this Web site is at your own risk. We assume no responsibility, and shall not be liable, for any damages to, or any viruses that may infect, your computer, telecommunications equipment, or other property caused by or arising from your access to, use of, or browsing this Web site, or your downloading of any information or materials from this Web site. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS YOU HAVE PURCHASED ON THIS WEB SITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY. IF, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEB SITE, THE COMPANY’S TOTAL LIABILITY TO YOU, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED THE GREATER OF (A) FIFTY DOLLARS ($50.00) OR (B) THE VALUE OF YOUR PURCHASE ON THIS WEB SITE.
Force Majeure
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, explosion, power surge or failure, flood, storm or other act of God; war, rebellion, riot or other acts of civil disobedience or unrest; any law, order, regulation, ordinance, or requirement of any government or legal body, or any agency, subdivision, instrumentality, or representative thereof; labor disputes; shortages of labor, fuel, energy, or raw materials; machinery or technical failures; failures or delays in transportation; or acts or omissions of other common carriers.
Misuse of Site
You are prohibited from using this Web site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, abusive, discriminatory, illegal, or otherwise objectionable to the Company. You are also prohibited from using this Web site to advertise or perform any commercial solicitation.
Indemnification
You agree to indemnify, defend, and hold the Company, and its officers, directors, employees, shareholders, affiliates, agents, successors, and assigns, harmless from and against any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating in any way to your use of this Web site.
Miscellaneous
Your use of this Web site shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Except where prohibited, you agree that any and all disputes, claims, and legal proceedings directly or indirectly arising out of or relating to this Web site (including, but not limited to, the purchase of Red Apple Auctions products) shall be resolved individually, without resort to any form of class action, and exclusively in the state courts located in the City of Alexandria, Virginia, or the U.S. District Court for the Eastern District of Virginia, Alexandria Division. Any cause of action or claim you may have with respect to this Web site (including, but not limited to, the purchase of Red Apple Auctions products) must be commenced within one (1) year after the claim or cause of action arises. By using this Web site, you agree to receive electronic communications from the Company, and you agree that any notice, agreement, disclosure, or other communication that the Company sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. The Company may assign its rights and duties under the terms of this Web site to any party at any time without notice to you.
Termination
We reserve the right to terminate or restrict your use of this Web site, without notice, for any reason or for no reason, and without liability to you or to any other party. In addition, we may terminate these Terms of Use, or any part of them, without notice at any time, for any reason. The provisions set forth in the Copyright, Trademarks, Disclaimers, Limitations of Liability, Indemnification, and Miscellaneous sections of these Terms of Use shall survive any such termination.
Additional Assistance
If you do not understand any of the foregoing Terms of Use, or if you have any other questions or comments, please contact us at 888-474-0838, or email us at info@redappleauctions.com.
Or if you prefer, you can send a letter to:
Red Apple Auctions Co.
P.O. Box 6066
Arlington, Virginia 22206
Last Modified: August 2, 2013