Ownership of Content; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to all associated applications owned or operated by Auctionology, LLC, and their subsidiaries and affiliates (collectively, the “Company”) including, but not limited to, the publicly accessible web site URL www.auctionology.com (collectively, the “Sites”). The Sites, and all intellectual property contained within them, are the property of the Company.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, VIEWING, BROWSING, OR OTHERWISE USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITES, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. If you do not agree with these Terms of Use, please do not download or use the Sites.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. You agree to be bound by this Agreement and any amendments made thereto in the future so long as you utilize the Sites. It is your responsibility to check these Terms of Use periodically for changes. The Company will post a notification on the Sites or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, uninstall and do not continue to use the Sites after the date they become effective. Your continued use of the Sites 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, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access, browse, and use the Sites for their intended purposes.

1. Content & Intellectual Property

For purposes of this Agreement, “Intellectual Property” shall include, but may not be limited to: artwork, layouts, formulae, techniques, research results and reports, procedures, marketing information and plans, business plans and strategies, know-how and all other discoveries, inventions, improvements, and methods valuable to the business of the Company, articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, sounds, and computer code, as well as the design, structure, selection, coordination, expression, arrangement, and “look and feel” of the Sites content, together with all other protectable content such as trademarks, copyrights, patents, and trade secrets, whether registered, pending, or registrable in the U.S. or throughout the world (collectively, “Content”).

All Intellectual Property appearing on the Sites and referenced herein is the property of its respective owners, including, in most cases, the Company and/or its affiliates. The limited right of access granted to you under this Agreement does not in any way confer any rights to use, display, reproduce, sell, or otherwise utilize the Intellectual Property, and nothing contained on the Sites should be construed as granting you any right or license in the Intellectual Property.

When accessing the Sites, you agree to obey the law and to respect the intellectual property rights of the Company and third parties. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by your actions, including those actions take on the Sites.

All materials contained or distributed on the Sites (the “Materials”) are owned by the Company or its affiliates. You must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of the Company and, if applicable, any other intellectual property owner. You acknowledge that you do not acquire any ownership rights by downloading, printing or otherwise accessing the Materials. Materials may not be used in any unauthorized manner.

2. Company’s Limited Role

Company is not an auction house and does not conduct live or timed auctions on the Sites. Company’s Services only facilitate users to participate in live and timed auctions conducted by the third-party auction houses themselves. Company has no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of the auction houses to sell or the ability of buyers to buy items. Company makes no representations, warranties, or guarantees with respect to any of the transactions that take place on the Sites between a buyer and a third-party auction house, or the items which are the subject matter of those transactions.

3. Your Use of the Sites; Restrictions

You may browse the Sites and all associated content solely for your personal use and enjoyment. Except as expressly provided in these Terms of Use, no part of the Sites may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or their hosted content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Sites. You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any server of the Company, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Sites, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of the Company, including any Company account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to PII , other than your own information, as provided for by the Sites.

Accounts may not be shared and may only be used by one individual per account.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or the Company’s systems or networks, or any systems or networks connected to the Sites or to the Company.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to this Sites, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Sites. In addition, you agree not to use this Sites to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of this Sites, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing the Company’s name or trademarks without the Company’s express written consent.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Sites, including, but not limited to, any Content or Materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others. Without limiting the generality of any terms or conditions set forth herein, in using the Sites, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Any violation of the Company’s system or network security may subject you to civil and/or criminal liability.

4. Feedback & User Content

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Sites or the Company that you provide to the Company (but excluding your PII) (collectively, “Feedback”) is deemed to be the Company’s proprietary information. The Company may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Sites, and the Company shall own all rights, title and interest in and to the Feedback and such improvements and modifications.

This Sites may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms of Use. By providing any User Content on this Sites, you hereby grant to the Company and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to the Company and its affiliates, and each of their respective licensees, successors, and assigns. The Company is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Sites. As an additional quality control and review mechanism, the Company reserves the right, at its discretion, to review all uploaded User Content before it is made public.

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively, “PII”) that you may provide to the Company, and which is subject to the privacy standards set forth in the Company’s Privacy Policy. To access parts of this Sites or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of this Sites that all the information you provide on this Sites, including, but not limited to, PII, is correct, current and complete.

5. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any service offered on or through the Sites, the latter terms shall control with respect to your use of that portion of the Sites or the specific service. The Company may make changes to any products or services offered on the Sites, or to the applicable prices for any such products or services, at any time, in accordance with the notice procedures set forth above.

You may cancel any subscription at any time – however, there are no refunds for cancellation. Payments are nonrefundable and there are no refunds or credits for partially used billing periods. Unfortunately, we are unable to refund subscriptions via iOS or Google Play subscriptions. All such subscriptions must be cancelled or changed directly through the applicable platform.

You can cancel your subscription at any time, and you will continue to have access to the Service for the remainder of your applicable billing cycle. If you cancel your subscription, your subscription will automatically end at the end of your current billing period. If you signed up using your account with a third party as a Payment Method and wish to cancel your subscription, you may need to do so through that third party (such as Apple or Google) by visiting your account with the applicable third party and unsubscribing through that third party.

Your subscription may begin with a free trial. The duration of the free trial period of your subscription will be specified during checkout and is intended to allow first-time subscribers to try our Services. Trials require at least one valid Payment Method associated with your account. We will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically start unless you cancel your prior to the end of the free trial period. Once a charge is made, there is no refund available and you will need to follow the cancellation process to avoid being charged at the completion of your current billing period. It is the responsibility of the member to keep track of the account expiration date and cancel prior to renewal.

6. Sweepstakes, Contests, and Promotions

Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit the Company to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your PII with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law.

7. Privacy

The Company’s Privacy Policy applies to use of this Sites, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

8. Third-Party Content, Links and Services

The Sites may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of the Company making this Third-Party Content available or accessible to you, you acknowledge that the Company has not reviewed all of the Third-Party Content and that the Company is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by the Company or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, the Company is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. The Company may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party participation is acceptable.

If the Company provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through the Company’s links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. The Company does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.

9. Monitoring; Copyright Complaints

You agree that the Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in the Company’s sole discretion, any Material and Content anywhere on the Sites. Notwithstanding this right, the Company does not and cannot review all Materials, User Content, PII, and Feedback submitted to the Sites. If notified, the Company may investigate an allegation that content transmitted to the Company is in violation of these Terms of Use, and the Company will determine whether to have the communication removed. However, the Company is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the Sites, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

The Company may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible on this Sites in a way that constitutes copyright infringement, you may notify the Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Sites are covered by a single notification, a representative list of such works at this Sites; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an e-mail address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send the written communication to the Company’s copyright agent by e-mail AND by U.S. Mail to:

Mailing address: E-mail: info@auctionology.com E-mail Subject: “DMCA Request”

10. Disclaimers

THE COMPANY DOES NOT PROMISE THAT THE SITES OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITES WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES AND/OR ANY SERVICES OF THE COMPANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

You understand that the Sites contain information but that this information and Content does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in activities relating to the subject matter. THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR MONETARY INVESTMENTS. ANY ACTIVITY IS UNDERTAKEN AT YOUR OWN RISK.

11. Applicable Law and Venue; Dispute Resolution

By use of this Sites you irrevocably consent to the application of the laws of the Commonwealth of Florida, without regard to its conflicts of laws provisions, to govern any and all disputes with the Company related to these Terms of Use. Subject to the injunctive relief terms set forth herein, you also irrevocably consent to the exclusive venue of the courts of Sarasota County, Florida or the Twelfth Judicial Circuit Court of Florida. If you access the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any dispute relating in any way to your visit to this Sites shall be submitted to confidential arbitration in Sarasota County, Florida, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

12. User Age

THE SITES IS INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITES FOR ANY PURPOSE. BY USING THIS SITES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES ARE THE COMPANY, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the Sites, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Sites.

Any cause of action or claim you may have with respect to this Sites must be commenced within one (1) year after the claim or cause of action arises.

Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms of Use shall remain in full force and effect.

14. Indemnity

You agree to defend, indemnify, and hold harmless the Company and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Sites, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Sites, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Sites, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the Company’s prior written consent.

15. General Data Protection Regulation (“GDPR”).

Privacy for EU data subjects is controlled by the regulations set forth in the GDPR and is addressed by Company’s Privacy Policy. If you do not agree to the Company’s Privacy Policy, DO NOT ACCESS OR USE THE SITES OR SERVICES.

16. Rights to Terminate Use

Upon termination of your account for any reason, the Company will retain your data in accordance with its Privacy Policy. Even if your account is terminated, be aware that these Terms of Use, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Use, shall so survive.

To the extent that any part of this Sites offers subscriptions to users, the Company reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.

You agree that the Company reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Sites at any time where the Company has determined, in its sole discretion that the use of the Sites by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO THE COMPANY AND WITHOUT ANY LIABILITY WHATSOEVER, THE COMPANY AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITES AND/OR THE SERVICES.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.

17. State-Specific Provisions.

Under California Civil Code Section 1789.3, users of this Sites from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Company may be contacted via e-mail at feedback@actionnetwork.com.

18. Miscellaneous.

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 these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without the Company’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. If any provision of these Terms of Use is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any provisions which by their nature should survive, shall survive any termination of these Terms of Use. These Terms of Use, together with the Company’s Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

If you have any questions or comments regarding these Terms of Use, the Company’s Privacy Policy, or this Sites, please feel free to contact the Company by e-mail at: info@auctionology.com

These Terms of Use were last updated on December 13, 2021.