Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the High Speed Auctions website located at www.highspeedauctions.com and all associated sites linked to www.highspeedauctions.com by High Speed Auctions, its subsidiaries and affiliates (collectively, the "Site"). The Site is property of High Speed Auctions Inc. ("High Speed Auctions"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
High Speed Auctions reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, High Speed Auctions grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Your Use of the Site
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to High Speed Auctions that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You may not use any page scraping, spider, or other automated device, program, algorithm or methodology, artificial intelligence, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. High Speed Auctions reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any High Speed Auctions server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
Content
All text, graphics, logos, images, sounds, artwork, music, user interfaces, visual interfaces and computer code (collectively, "Content"), including but not limited to the design, selection, structure, coordination, expression, "look and feel" and compilation thereof, is the property of High Speed Auctions or its suppliers and protected by copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws.
No part of the Site and no Content, in whole or part, may be copied, reproduced, republished, reverse engineered, publicly displayed, encoded, uploaded, translated, transmitted or distributed in any way to any other computer, server, Website or other medium for distribution and publication or for any commercial enterprise, without High Speed Auctions's express prior written consent and that of any copyright owner.
Privacy
Your use of the Site is subject to High Speed Auctions's Privacy Policy. Please review the Privacy Policy, which also governs the Site and informs users of our data collection practices. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure.
Your Account
Certain features or services offered on or through the Site may require you to open an account (including setting up a High Speed Auctions account and password). You are responsible for maintaining the confidentiality of all your accounts and passwords and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under any of your accounts or passwords.
You may not use anyone else's account, password or High Speed Auctions account without the express permission and consent of the holder of that account. You cannot assign or otherwise transfer your accounts to any other person or entity unless authorized by High Speed Auctions.
Children Under Thirteen
High Speed Auctions does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of High Speed Auctions and High Speed Auctions is not responsible for the contents of any Linked Site. High Speed Auctions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by High Speed Auctions of the site or any association with its operators.
Indemnification
You agree to indemnify, defend and hold harmless High Speed Auctions, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL'S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HIGH SPEED AUCTIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HIGH SPEED AUCTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGH SPEED AUCTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE.
Termination / Access Restriction
High Speed Auctions reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site.
Unless otherwise specified herein and excluding any bidder or consignment agreements (or other written agreements) that you may have entered into with High Speed Auctions, this agreement constitutes the entire agreement between the user and High Speed Auctions with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and High Speed Auctions with respect to the Site.