Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the robertedwardauctions.com and bid.robertedwardauctions.com website (collectively the “Website”). The website is owned and operated by REA Group, LLC d/b/a Robert Edward Auctions (“Robert Edward Auctions”, “us”, “we”, or “our”).

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this webpage and these Terms. Your continued use of the Website after such modifications will constitute acknowledgement and acceptance of the modified Terms.

Please also review our privacy policy.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT OUR WEBSITE.

Services

Our Website provides an auction service where users can place bids on items posted to this Website and offered during our Auctions. While we seek to prevent any interruptions or outages of our service, you understand and agree that temporary interruptions of the Website may occur as normal events that are out of our control. We assume no responsibility for any interruptions or outages that may occur.

Third-Party Websites and Information

This website may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. From time to time, such websites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness or decency of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such link or reference is provided merely as a convenience and does not imply endorsement of, or an association with, the third-party website.

Ownership of Content

By accepting these Terms, you agree that all content presented to you on this Website is protected by any and all intellectual property and or other proprietary rights available within the United States, and is our sole property.

Registration

In order to access some of the services on this Website, you may be asked to set up an account and password. Our account registration page requests certain personal information from you, including but not limited to, name, address and contact information (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. Furthermore, if you register for an account on our Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take steps to ensure that others do not gain access to your password and account.

Disclaimer

ALL CONTENT AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE CONTENT, SERVICES OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THIS WEBISTE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE DESCRIPTIONS OF ANY PRODUCTS OFFERED THROUGH ANY AUCTION AT ANY TIME WITHOUT NOTICE.

Limitation of Liability and Indemnification

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Website shall be limited to the amount you paid us for any Lot auctioned on this Website. In no event shall we or our affiliates be liable to you or any third-party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Website or any website referenced or linked to from this Website.

You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website or a breach of these Terms. We reserve the right, at our own expenses, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Termination of Use

You agree that we may, at our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent or illegal activity or failure to pay on successfully bid lot may be grounds from barring your access to this Website.

International Use

If you choose to access this Website form outside the United States and to purchase any Lot offered at auction, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased at auction.

Governing Law

This Website (excluding any Third-Party websites) is controlled by us from our offices in New Jersey, and the statutes and laws of New Jersey shall be controlling, without regard to the conflicts of laws principles hereof. You agree and submit to the exclusive personal jurisdiction and venue of the Superior Court of New Jersey, County of Morris or the United States District Court for the District of New Jersey at our discretion.

Savings Clause

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

No Waiver

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Terms & Conditions of Auction

We incorporate by reference the Terms & Conditions of Auction linked on this Website. If there is any conflict between the Terms & Conditions of Auction and this Terms of Use, these Terms, however, shall apply. Subject to the Terms & Conditions of Auction, these Terms constitute the entire agreement and understanding between the parties with respect to the use of this Website.

If you have questions regarding these Terms, contact us at [email protected].

November 16, 2018