Terms of Service

  1. INTRODUCTION:
    1. Please read this Agreement carefully. The following are the terms and conditions for use of the Auction Raptor service ("Service"), provided to you by Stewart Preston, LLC. D.B.A. Auction Raptor ("Auction Raptor") through the web site www.auctionraptor.com ("Site"). By enrolling as a "Subscriber", clicking the "I Accept" button, and completing the registration process, you agree to be bound by these terms and conditions, including all payment terms, policies, practices, rules, standards and guidelines ("Policies") related to the Site and/or the Services posted on the Site, in effect from time to time (collectively, the "Agreement"). In this Agreement, "you", and "your" refers to the Subscriber. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Service, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party.
  2. Definitions:
    1. "Buyer" shall mean an end-user who places bids on an online auction with the intent to purchase the goods or services that are being auctioned by the Seller if the end-user is the winning bidder as defined the Third Party Provider.
    2. "Seller" shall mean an end-user who lists goods or services with a Third Party Provider with the intent to sell such goods or services to a winning bidder via an auction.
    3. "Third Party Provider" shall mean the provider of the auction marketplace of which through this Agreement and the use of the Service you have authorized Auction Raptor to submit bids to on your behalf as a Buyer.
    4. "Service" shall mean the services provided through the web site located at www.auctionraptor.com whereby Subscriber requests bids to be placed with Third Party Providers in the capacity as a Buyer.
  3. NON-EXCLUSIVE LICENSE: AUCTION RAPTOR hereby grants you a non-exclusive license to use the Service in accordance with this Agreement. You may not: (1) modify, translate, or create derivative works based on the Service, or permit other individuals to so; (2) rent, lease, transfer or otherwise transfer rights to the Service; (3) use a single account for multiple business entities; (4) provide third parties with access to your account, except for third parties specifically authorized by AUCTION RAPTOR; and/or (5) reverse engineer or disassemble the Service.
  4. TERM: The term of this Agreement shall begin upon your acceptance of this Agreement and shall continue in accordance with the period of time selected by You during the order process, month-to-month or yearly terms are available ("Term Period"). This Agreement shall automatically renew for additional Term Periods, unless terminated in accordance with this Agreement.
  5. NO GUARANTEES: AUCTION RAPTOR makes no guarantees that you will win any auction by using the Service.
  6. RELEASE: You hereby agree and acknowledge that AUCTION RAPTOR is not responsible for any transaction that transpires between You and a Third Party Provider and/or a Seller. You alone, and not Auction Raptor, are solely responsible for any consideration due to a Seller. Any and all transactions that You become bound to as a result of bids placed by You through the Service are between You and the Seller, and Auction Raptor is not a party to any transaction that results from your use of the Service. You specifically release Auction Raptor and agree to hold Auction Raptor, its employees, officers, directors, and assigns harmless from any liability and/or damages arising from any auction to which you are a party.
  7. AVAILABILITY OF SERVICE: Subscriber understands and agrees that AUCTION RAPTOR may change, modify, alter, suspend, remove, disable access to, terminate or discontinue all or any portion of the Site and/or the Services at any time for any reason, without notice, cost or liability. Subscriber understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason. Subscriber also understands and agrees that AUCTION RAPTOR is not responsible for the functionality, interface, availability, or operability of any Third Party Provider. While AUCTION RAPTOR will use reasonable efforts to provide the Services to Subscriber, AUCTION RAPTOR cannot guarantee that a Third Party Provider will accept the bids submitted by AUCTION RAPTOR to the Third Party Provider on behalf of Subscriber in a timely manner or at all. Subscriber, at its sole cost and expense, shall be solely responsible for providing, maintaining and ensuring that all hardware, software, electrical and other physical requirements for Subscriber's use of the Site and the Services, including, without limitation, telecommunications and internet access connections and links, web browsers, bandwidth or other equipment, programs and services required to access and use the Site and the Services, are compatible with the Site and the Services.
  8. ACCESS: You are authorized to access the Site and/or the Services solely to manage your account(s). You agree that you will not use the Site or any content therein for any other purpose and that you will not disseminate or distribute any of this information. Your right to access your account with AUCTION RAPTOR is personal to you and non-assignable and is subject to any limits established by AUCTION RAPTOR. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access your account with AUCTION RAPTOR or to monitor or copy the Site or the content contained therein except those automated means expressly made available by AUCTION RAPTOR, if any, or authorized in advance and in writing by AUCTION RAPTOR. You agree that you will not use any device, software, reverse engineering, or routine to interfere or attempt to interfere with the proper working of the Site, any of the services offered through the Site, the Services, and/or the links, tracking, or reporting methods deployed by AUCTION RAPTOR. Without limitation to the foregoing, Subscriber further agrees that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by AUCTION RAPTOR).
  9. SECURITY: The Subscriber is responsible for all activities that occur under the Subscriber's password or account, and it is the Subscriber's responsibility to keep its password(s) and/or account information confidential. Subscriber shall be solely responsible for the security, confidentiality and integrity of all content that Subscriber receives, transmits through or stores on the Site or Service. Subscriber shall be solely responsible for any authorized or unauthorized access to Subscriber's account by any person, including, without limitation, any charges to Subscriber's account with any Third Party Provider. If any unauthorized use of Subscriber's account or password occurs, Subscriber must notify AUCTION RAPTOR via phone and/or email immediately, and AUCTION RAPTOR will suspend use of the account and password until a new password is in place.
  10. RIGHTS RESERVED, RIGHTS GRANTED, Data Ownership.
    1. AUCTION RAPTOR reserves the right to approve or reject any Subscriber for any reason at any time.
    2. AUCTION RAPTOR compiles statistics across all users of it services. These statistics are limited to certain broad categories. This information is presented only in an aggregate form, and in no event will we present specific user data without permission. Subscriber grants AUCTION RAPTOR the right to use, distribute, and/or sell aggregate non-personally identifiable data resulting from Subscriber's use of the Services.
    3. Subscriber, acting in the capacity of a Buyer, hereby authorizes Auction Raptor to access Subscriber's accounts with Third Party Provider(s) for the purpose of submitting bids to Third Party Providers on behalf of Subscriber for each auction designated by Subscriber through the Service.
  11. PAYMENT. AUCTION RAPTOR Fees billing and cancellation policies are available at http://www.Auction Raptor.com/terms.html and are incorporated herein by reference. You agree to pay to AUCTION RAPTOR all applicable charges to your account in advance of each term, in United States dollars, for the Service you selected as set forth in AUCTION RAPTOR Fees Policies in effect from time-to-time.
    1. Fees. Current in-effect Fees applicable to the Auction Raptor Services can be found at www.auctionraptor.com
    2. Billing Period. Your account will be charged at the beginning of the initial term and subsequent renewal terms, or when, and if, you add items to your service, in an amount equal to the total charges for the Term Period including applicable subscription fees, set-up fees, support fees, added items, and taxes, if any ("Account Charges").
    3. Method of Payment. You agree and represent that all information you provide for the purpose of enrolling as a Subscriber will be accurate, complete, and current. Subscriber expressly authorizes AUCTION RAPTOR to charge your PayPal account, credit card, charge card, or debit card for any and all applicable Account Charges associated with your account hereunder. If payment cannot be charged to your PayPal/credit/charge/debit card, for whatever reason, or if there is a charge-back for any reason, AUCTION RAPTOR reserves the right to either suspend or terminate your account with AUCTION RAPTOR. If you provide us with a credit card, charge card, or debit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement.
    4. Failure to Make Payment. In the event of any failure by you to make payment, or if you charge-back, you will be responsible for all reasonable expenses (including attorneys' fees) incurred by AUCTION RAPTOR in collecting such amounts plus interest at the rate of 10% per annum or the maximum amount permitted by law, whichever is greater.
    5. Refunds. 100% of all Account Charges are NON-REFUNDABLE.
    6. Rate Changes. AUCTION RAPTOR reserves the right to change the rates for its Services in its sole discretion at any time.
  12. NO ASSIGNMENT OR RESALE. Except as otherwise indicated herein, you may not resell, assign, or transfer any of your rights under this Agreement, and if you attempt to resell, assign, or transfer your rights, we may immediately terminate this Agreement with out liability to us.
  13. REPORTING. Counting and tracking for the Services shall be based on AUCTION RAPTOR's internal reporting counting and/or tracking procedures only.
  14. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
    1. Limitation of Liability. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. AUCTION RAPTOR and/or its respective suppliers may make improvements and/or changes in the Service at any time. AUCTION RAPTOR does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. AUCTION RAPTOR does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. AUCTION RAPTOR is not responsible for Your data residing on AUCTION RAPTOR servers. AUCTION RAPTOR is not responsible for your account and/or data with Third Party Providers. Furthermore, AUCTION RAPTOR does not represent or warrant that the Site, Services, and/or payment plans will meet your objectives or needs. You specifically agree that AUCTION RAPTOR shall not be responsible for unauthorized access to or alteration of your data. Further, AUCTION RAPTOR reserves the right to make changes to any and all parts of its Service at any time, without obligation to notify any person or entity of such changes.
    2. EXCLUSIVE REMEDY. AUCTION RAPTOR's cumulative liability to you or any other party for any loss or damages, regardless of the form of action, shall not exceed an amount equal to all amounts actually realized and received by AUCTION RAPTOR from Client during the twelve (12) month period immediately preceding any such liability.
    3. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR OWN RISK. THE SITE AND/OR SERVICES ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT AND WE DISCLAIM ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, SERVICES, AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE AND/OR SERVICES, OR ANY ECONOMIC BENEFIT YOU MAY GAIN FROM USE OF THE SITE AND/OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
    4. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. AUCTION RAPTOR will not be liable to Subscriber or any third-party claimant for any direct, indirect, special, punitive, consequential, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of this Agreement and/or the use of or inability to use the Service and/or Site, regardless of the form of action whether in contract, tort, warranty, negligence, strict liability, breach of any statutory duty, indemnity or contribution, or otherwise, even if AUCTION RAPTOR has been advised of the possibility of such damages. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the foregoing paragraph.
    5. The foregoing exclusions and disclaimers are an essential part of this agreement and formed the basis for determining the price charged for the products.
  15. YOUR REPRESENTATIONS. You represent and warrant (i) that you have sufficient authority to enter into this Agreement.; (ii) that you have the right to provide AUCTION RAPTOR with access to your accounts with Third Party Providers; (iii) that you are in compliance with all applicable laws; (iv) that you shall not be in violation of any obligation, contract or agreement by entering into this Agreement, by performing your obligations under these terms or by authorizing and permitting AUCTION RAPTOR to perform the Services hereunder; (v) that you shall comply with all of the terms and conditions of this Agreement, as amended from time to time; (vi) that all information provided by you is truthful, accurate, and complete, and is not misleading in any way; (vii) that AUCTION RAPTOR is hereby authorized by you to perform the Services on your behalf with each Third Party Provider, including without limitation submitting bids on your behalf with each Third Party Provider, and that if requested by AUCTION RAPTOR, you will provide us with written authorization; (viii) that you shall be solely liable and responsible for, and AUCTION RAPTOR shall have no liability for, any transaction conducted between You and a Third Party Provider, and between You and a Seller; and (ix) You shall abide by all terms and conditions between You and all Third Party Provider(s) and Seller(s) with whom you are transacting business.
  16. INDEMNIFICATION. You agree to indemnify and hold us (and our directors, officers, employees and agents) harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees and costs) incurred by us (and our directors, officers, employees and agents) in connection with any claims of any kind made by a third party arising out of your use of the Site and/or Services, your accounts with and/or use of the services provided by Third Party Providers, and/or a breach of your representations or warranties.
  17. NOTICES. We will provide all notices to you to the contact person and at the address, email address, or fax number identified on your account. You must send all notices to us at: support@auctionraptor.com, or such other address as provided on the Site from time to time.
  18. NO AGENCY. The parties to this Agreement are independent contractors and this Agreement does not create and shall not be construed to create an agency, partnership, joint venture or other association relationship between the parties.
  19. TERMINATION; CANCELLATION.
    1. Your Right To Terminate. You may terminate this Agreement and your account as described in the Auction Raptor billing and cancellation policy set forth at the URL listed here and incorporated herein by reference: http://www.auctionraptor.com/bcpolicy.html
    2. Our Right To Terminate. Notwithstanding anything contained in this Agreement to the contrary, AUCTION RAPTOR may, in its sole discretion, terminate your account, and discontinue your participation in the Service. Reasons for AUCTION RAPTOR's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, failure to make payment in accordance with AUCTION RAPTOR's terms, and/or if AUCTION RAPTOR believes that you violated this Agreement or other policies or guidelines of AUCTION RAPTOR or of a Third Party Provider, or if AUCTION RAPTOR believes your conduct may be harmful to consumers, Sellers, or other subscribers who participate in the Service. All decisions made by AUCTION RAPTOR in this matter will be final and neither AUCTION RAPTOR nor its licensees (or distributors) shall have any liability with respect to such decisions.
    3. Check Payment. Your account will terminate at the end of the Term Period and will not auto-renew. You will need to renew your account by remitting payment and following the online renewal instructions.
    4. Effect of Termination. Upon termination, you will no longer be able to access your account. Regardless of which party terminates this Agreement, You will be responsible for all charges incurred up to and through the date of termination including payment obligations during the remainder of any unexpired initial Term or renewal term and such charges will be due and payable immediately.
    5. Survival. Sections 6, 10.b, 16, 20, 21, 24, and 27 shall survive any termination of this Agreement.
  20. TRADEMARKS: Without the prior written consent of AUCTION RAPTOR, Subscriber shall not display or use in any manner any AUCTION RAPTOR Marks.
  21. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in and to the Site and/or the Service shall remain with AUCTION RAPTOR. The Service and/or the Site, and the intellectual property operating it are protected by international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content, and code accessed through the Service and/or the Site is the property of AUCTION RAPTOR and may be protected by applicable copyright or other law. This License gives you no rights to such content or code.
  22. LINKS: Subscriber acknowledges that the Site may contain hyperlinks to third party web sites. Subscriber understands and agrees that the linked sites are not under the control of AUCTION RAPTOR, and AUCTION RAPTOR is not responsible for, and makes no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained therein. The inclusion of a linked site is for Subscriber's convenience only and is not intended and should not be construed as an endorsement or recommendation by AUCTION RAPTOR of the linked site or its content.
  23. MARKETING. Subscriber grants to AUCTION RAPTOR a non-exclusive license as long as this Agreement is in effect to use, reproduce, publicly and digitally display and perform, transmit and broadcast Subscriber's name, logos, trademarks, trade names, service marks, URLs and slogans to advertise, market, promote and publicize the Service, including the inclusion of Subscriber in AUCTION RAPTOR's marketing materials and on AUCTION RAPTOR's "partners' and testimonial page".
  24. CONFIDENTIALITY: "Confidential Information" means any information disclosed to you by AUCTION RAPTOR, either directly or indirectly, in writing, orally or by inspection of tangible objects, other than information that you can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by AUCTION RAPTOR; (ii) becomes publicly known and made generally available after disclosure to you by AUCTION RAPTOR other than through your action or inaction; or (iii) is in your possession, without confidentiality restrictions, at the time of disclosure by AUCTION RAPTOR as shown by your files and records immediately prior to the time of disclosure. You shall not at any time (a) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information, (b) use any Confidential Information, or (c) reproduce or otherwise copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you or as required by applicable law. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. All Confidential Information shall at all times remain AUCTION RAPTOR's personal property and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to AUCTION RAPTOR immediately upon AUCTION RAPTOR's request.
  25. CONSTRUCTION. No conditions other than those set forth in this Agreement shall be binding on us unless we expressly agree in writing signed by an authorized representative of AUCTION RAPTOR. AUCTION RAPTOR may change this Agreement, its Policies, and/or rates at any time upon notice published on the Site or by e-mail notification to you. Any use of the Service and/or Site after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications. AUCTION RAPTOR reserves the right to discontinue offering the Service and/or Site at any time.
  26. FORCE MAJEUR. If the performance of any part of these Terms by AUCTION RAPTOR is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, fire, judicial or governmental action, labor dispute, war, insurrection, technical failure, act of God or any other causes beyond the control of AUCTION RAPTOR, including, without limitation, any actions or reactions by a Third Party Provider, AUCTION RAPTOR shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
  27. MISCELLANEOUS. This Agreement (i) shall be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without giving effect to its principles of conflicts of law; and (ii) constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties concerning the subject matter hereof. You submit to jurisdiction and venue in the state and federal courts located in the Commonwealth of Pennsylvania, Allegheny County and further agree that any cause of action you may bring arising under this Agreement will be brought by you exclusively in a state or federal court located in the Commonwealth of Pennsylvania, Allegheny County. Subscriber agrees to pay all legal expenses of AUCTION RAPTOR, including reasonable attorney's fees, should Subscriber be found in breach of this Agreement. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.

BY AGREEING TO THESE TERMS, THE PERSON DOING SO REPRESENTS AND WARRANTS THAT (i) HE OR SHE IS 18 YEARS OF AGE OR OLDER; (ii) HE OR SHE HAS THE POWER AND AUTHORITY TO BIND SUBSCRIBER; (iii) SUBSCRIBER HAS READ AND UNDERSTANDS THIS AGREEMENT; (iv) SUBSCRIBER ACCEPTS THIS AGREEMENT; AND (v) YOU ARE AGREEING THAT YOU ARE OBLIGATED TO THIS AGREEMENT AS IF YOU HAD SIGNED WITH PEN AND PAPER.