1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
You understand that:
(a) All listings, text, files, images or other materials ("Content") posted on, transmitted through or linked from the Service are the sole responsibility of the person from whom such Content originated. If you list Content on the Service, you are entirely responsible for each individual item of Content that you post or otherwise make available via the Service, as well as for any errors or omissions in them ("Posting").
(b) AVL does not control and is not responsible for Content made available through the Service, and that by using the Service you may be exposed to Content that is inaccurate, misleading, offensive or is otherwise objectionable.
(c) The Service and Content may contain links to other websites which are wholly independent of AVL. AVL makes no representation or warranty as to the accuracy, completeness or validity of the information contained in any such link or website. Linking by you to any other website(s) is done at your own risk.
(d) You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on such Content and that under no circumstances will AVL be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.
4. THIRD PARTY CONTENT
The Service and Content will contain information on auction sales being conducted by entities and/or individuals all of whom are independent from AVL. In addition, the Service and Content may contain features and functions that may provide you with access to third party content which is wholly independent of AVL, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services and the Internet as a whole. Your interactions with entities and/or individuals found on or through the Service, including payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals. You acknowledge and agree that it is your responsibility to conduct such investigation as you feel necessary or appropriate before pursuing or engaging in any transaction with such entities and/or individuals.
You agree that AVL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants brought together by virtue of use of the Service, or between users and any third party, you understand and agree that AVL is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release AZSA, its officers, employees, agents, members and successors from claims, demands and damages, actual and consequential, of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute.
5. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email or otherwise make Content available:
a) That is harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy or that is prohibited by law;
b) That is pornographic or depicts a human being engaged in abusive or sexual conduct of any kind;
c) That harasses, degrades, intimidates, is hateful toward or discriminates in any fashion against an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or which violates any state or local law prohibiting discrimination on any basis;
d) That impersonates any person or entity, including but not limited to, an AVL employee or member, or falsely states or otherwise misrepresents your affiliation with a person or entity;
e) That includes personal or identifying information about another person without that person's explicit consent;
f) That is false, misleading, deceitful or which constitutes "bait and switch";
g) That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) That constitutes or contains any form of advertising or solicitation other than the details of an upcoming self-storage auction, except in areas specifically designated by AVL for such purpose, and then only upon such terms and conditions as may be imposed by AVL for such advertising;
i) That includes links to commercial services or websites, except as specifically allowed by AVL, and then only upon such terms and conditions as may be imposed by AVL for use of such links;
j) That lists for sale any illegal service or the sale of any materials the sale of which is prohibited or restricted by any applicable law;
k) That disrupts the normal flow of dialogue with the Service with an excessive amount of Content to the Service (commonly referred to as a "flooding attack"), or that otherwise negatively affects other users' ability to use the Service; or
l) That employs misleading identification or otherwise manipulated identifiers in order to disguise the origin of Content.
You agree not to:
m) Contact any user of the Service who has asked not to be contacted, or make unsolicited contact with any user for any commercial purpose;
n) "Stalk" or otherwise harass any users of the Service;
o) Collect personal data about other users of the Service for commercial or unlawful purposes;
p) Use automated means, including spiders, robots, crawlers or other data aggregating tools to download data from the Service, except as expressly permitted by AVL;
q) Post non-State specific content within that State's section or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the Service's infrastructure;
r) Post the same auction more than once;
s) Attempt to gain unauthorized access to AVL's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Service;
t) Use any form of automated device or computer program that enables the submission of Postings on the Service without each Posting being manually entered by its author, including without limitation, the use of any such automated Posting device to submit Postings in bulk, or for automatic submission of Postings at regular intervals.
u) Use any form of automated device or computer program that interferes with AVL's administration of the Service, or which seeks to remove or compromise the Postings of other users in any way.
v) Post any listing if you under the age of 18. AVL will remove any posting if it is determined to have been posted by someone under the age of 18.
7. POSTING AGENTS
In order to moderate demands on AVL's resources, you may not use a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others (commonly referred to as a "Posting Agent") to post Content to the Service without express permission or license from AVL. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted or otherwise access the Service to facilitate posting Content on behalf of others, except with the express permission from AVL.
8. NO SPAM POLICY
9. PAID POSTINGS
AVL may charge a non-refundable fee to post Content to the Service. The fee is an access fee permitting Content to be posted.
10. LIMITATIONS ON SERVICE
You acknowledge that AVL may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of Postings, email messages or other Content that may be transmitted or stored by the Service and the frequency with which you may access the Service. You agree that AVL has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that AVL reserves the right at any time to modify, suspend or discontinue all or any part of the Service with or without notice, and that AVL shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
11. ACCESS TO THE SERVICE
AVL grants you a limited, revocable, non-exclusive license to access the Service for your own personal use. This license does not include:
(a) Access to the Service by Posting Agents; or
(b) any aggregation, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data aggregating and extraction for any purpose unless expressly permitted by AVL. Except however, a limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. This limited exception does not apply, however, to any website, search engine or other service that specializes in auction or sale listings or which is in the business of providing such listing services.
AVL permits you to display on your website, or create a hyperlink on your website to the Service so long as the link does not portray AVL, its employees, members or affiliates in a false, misleading, derogatory or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by AVL immediately terminates said license or permission. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content for other purposes not stated here, including commercial purposes, you must first obtain a license from AVL.
12. TERMINATION OF SERVICE
13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work, and/or copying or reproducing the websites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of AVL. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of AVL, and you agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. The AVL logotype is a registered mark in the U.S. Patent and Trademark Office.
Although AVL does not claim ownership of content that its users post, by posting Content to the Service you automatically grant, and you represent and warrant that, you have the right to grant to AVL an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licenses of the foregoing. By posting Content to any public area of the Service you automatically grant AVL all rights necessary to prohibit any subsequent aggregation, display, duplication, reproduction or exploitation of the Content by any party for any purpose.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AVL DISCLAIMS ANY AND ALL WARRANTIES:
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SERVICE.
RESPECTING OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINK ON THE SERVICE.
RESPECTING VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.
15. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL AVL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF AVL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE THE SERVICE, FROM INABILITY TO USE THE SERVICE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINK APPEARING ON THE SERVICE, ANY ERROR OR OMISSION IN RESPECT TO CONTENT, ADVERTISING RELATED LIABILITY, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINK APPEARING ON THE SERVICE.
17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
a) If you create a Posting that impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with a person or entity or that includes personal or identifying information about another person without that person's explicit consent, you agree to pay AVL $1,000 for each such Posting.
b) If AVL establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay AVL $100 for each Posting in excess of such limits or for each day on which you access the Service in excess of such limits, whichever is higher.
c) If you send unsolicited email advertisements to AVL member email addresses or through AVL computer systems, you agree to pay AVL $25 for each such email.
Otherwise, you agree to pay AVL's actual damages to the extent such actual damages can be reasonably calculated. In its sole discretion, AVL may elect to issue a warning before assessing damages.
18. Refund Policy
AVL has a strict, No Refund, policy. All sales are final due to the intangible benefit you receive when listing your auctions on our website.
Last Revised: 11/28/2009