Web Site Terms and Conditions
We maintain this Web Site (“Site, Web Site) to provide you with information about activities available through LELAND LITTLE AUCTION & ESTATE SALES LTD.
The following terms and conditions govern your use of the LELAND LITTLE AUCTION & ESTATE SALES LTD’s Web Site. Your use of certain areas or features of the Web Site may be subject to additional terms and conditions as posted. This Web Site is owned and operated by LELAND LITTLE AUCTION & ESTATE SALES LTD. The Terms and Conditions may be changed at any time without notice to you, by posting changes on the Web Site. BY YOUR USING THIS SITE IN ANY WAY, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not use this Web Site.
1. Proprietary Rights. LELAND LITTLE AUCTION & ESTATE SALES LTD owns all rights in this Site, all rights to all the content, software, code, data and materials thereon, the look and feel, design and organization of the Site. A user of this site does not have any ownership of any content, software, code, data, or materials on the Site.
2. Limited License. Only those who may lawfully enter into contracts may use this site. Minors are not allowed to buy catalogues or perform other transactions on the Site. All users agree to comply with all applicable law, statutes and regulations regarding use of the Site. You may access and view the content on the Site and make single copies or prints of the content on the Site for your internal use only. The Site and the services offered on or through the Site are only for your own internal use.
3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of LELAND LITTLE AUCTION & ESTATE SALES LTD. Other than as provided herein, you may not use this site or the materials on this site in any way. If you make other use of the Site you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. LELAND LITTLE AUCTION & ESTATE SALES LTD will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
4. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of LELAND LITTLE AUCTION & ESTATE SALES LTD, and in some cases others, and may not be used unless authorized so to do in writing by the owners of these rights. This Web Site does not by implication, estoppel, or otherwise, grant any license or right to use any Trademark displayed on the Web Site without express written permission of the owner of the same. Your misuse of the Trademarks displayed on the Site is strictly prohibited. LELAND LITTLE AUCTION & ESTATE SALES LTD and other Trademark owners will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. Prohibited User Conduct. Except as to the specific rights granted to use this Web Site, no other uses may be made of this Web Site.
8. Right to Monitor and Editorial Control. LELAND LITTLE AUCTION & ESTATE SALES LTD has the right, but not the obligation, to control all things posted to the Web Site or through the Web Site’s services or features by users, and LELAND LITTLE AUCTION & ESTATE SALES LTD is not responsible for any such information and materials posted by users. LELAND LITTLE AUCTION & ESTATE SALES LTD reserves the right to disclose any information to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information that in LELAND LITTLE AUCTION & ESTATE SALES LTD’s sole discretion are objectionable or in violation of these Terms and Conditions, LELAND LITTLE AUCTION & ESTATE SALES LTD’s policies or applicable law. Your access to any aspect of this Web Site may be denied without notice, penalty, or liability in our sole discretion for any reason.
9. Linking to the Web Site. You agree that if you include a link from any other web site to this Web Site, it shall (i) only read “LELAND LITTLE AUCTION & ESTATE SALES LTD’s Web Site” or “LELAND LITTLE AUCTION & ESTATE SALES LTD” in plain text, (ii) open in a new browser window; (iii) link to the full version of an HTML formatted page of this Web Site and (iv) such link shall only show information from our Web Site and no other information. You agree not to download or use images from this Web Site on another web site, for any purpose. We reserve all rights to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time in our sole discretion and for any reason, upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: LELAND LITTLE AUCTION & ESTATE SALES LTD, 620 Cornerstone Court, Hillsborough NC 27278.
10. Indemnification. You agree to defend, indemnify on demand and keep LELAND LITTLE AUCTION & ESTATE SALES LTD indemnified, and hold LELAND LITTLE AUCTION & ESTATE SALES LTD and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the services thereon, your placement or transmission of any message, content, information, software or other materials through the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. LELAND LITTLE AUCTION & ESTATE SALES LTD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LELAND LITTLE AUCTION & ESTATE SALES LTD defense of such claim.
11. Orders for Products and Services. We may make certain products available for purchase through the Web Site to visitors and registrants of the Site, including, for example, our auction catalogue. You may only order products if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to LELAND LITTLE AUCTION & ESTATE SALES LTD. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download. For the avoidance of doubt, purchases of auction items are not made via the Web Site and are not subject to this Section 11. Purchases of auction items are subject to the terms and conditions set forth in the applicable Conditions of Sale and any other conditions that govern each auction as presented separately in connection with such auction.
12. Third Party Web Sites. You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
13. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LELAND LITTLE AUCTION & ESTATE SALES LTD ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, LELAND LITTLE AUCTION & ESTATE SALES LTD AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE ON THE SITE OR IN CORRESPONDENCE WITH LELAND LITTLE AUCTION & ESTATE SALES LTD OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY LELAND LITTLE AUCTION & ESTATE SALES LTD “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND LELAND LITTLE AUCTION & ESTATE SALES LTD OR ITS LICENSOR OR SUPPLIER.
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL LELAND LITTLE AUCTION & ESTATE SALES LTD, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES OR ANY OTHER DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO LELAND LITTLE AUCTION & ESTATE SALES LTD FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE (NOT INCLUDING AUCTION ITEM PURCHASES).
15. Local Standards. We do not represent that materials on the Site are appropriate for use in all locations. Persons who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Termination. LELAND LITTLE AUCTION & ESTATE SALES LTD may terminate, change, suspend, add to or discontinue any aspect of the Site or the Site’s services at any time, in our sole discretion, and without liability to any user. LELAND LITTLE AUCTION & ESTATE SALES LTD may restrict, suspend or terminate your use of or access to the Site and/or its services for any reason without notice or liability.
17. Changes to Terms and Conditions and Site. LELAND LITTLE AUCTION & ESTATE SALES LTD reserves the right, at its sole discretion, to change these Terms and Conditions at any time, and we will post the revised version on this Site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
18. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of North Carolina, County of Orange. You agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County in the State of North Carolina. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by LELAND LITTLE AUCTION & ESTATE SALES LTD must be made in writing and signed by an authorized representative of LELAND LITTLE AUCTION & ESTATE SALES LTD specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, LELAND LITTLE AUCTION & ESTATE SALES LTD’s successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under any law to rely upon or enforce any term or provision of this Agreement.
19. Further Inquiries. You may direct questions about these Terms and Conditions, or other issues, to:
LELAND LITTLE AUCTION & ESTATE SALES LTD, 620 Cornerstone Court, Hillsborough, NC 27278
Last Modified: April 20, 2011