This Agreement shall be governed in all respects by the laws of the United Kingdom as such laws are applied to agreements entered into and to be performed entirely within the United Kingdom. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Service Upon registration with AuctionThanx: AuctionThanx shall provide to the User access to AuctionThanx's Service (the "Service") as described on this website. The User is responsible for maintaining the User's account and maintaining the confidentiality of User's password. An AuctionThanx account is defined as one User, with one User name and password. AuctionThanx will suspend access or change access to User's account upon notification by User that his or her password has been lost, stolen or otherwise compromised. The User shall remain liable for all charges incurred on User's account and AuctionThanx shall not be liable for any usage or charges prior to AuctionThanx making the necessary account alteration. The Service provided hereunder is limited to the User and may not be resold in any manner whatsoever.
Term: This Agreement shall be effective from the date of accepting this agreement and continuing until it is terminated. This Agreement may be revoked or terminated by AuctionThanx at any time at its sole business judgment. AuctionThanx may terminate this Agreement immediately or suspend the User's access to Services upon any breach of this Agreement by the User, including but not limited to, refusal or failure to pay for Services (if applicable), or by sole judgment of AuctionThanx that the User may be performing activities harmful to AuctionThanx or its other Users, employees, vendors, business relationships or any other Users of the Internet. AuctionThanx may terminate this Agreement without cause immediately upon breach of this agreement. The User may terminate this Agreement by allowing the agreement to expire. The Agreement terminates with each subscription period or count. Resubscribing to the Service binds the User to the Agreement in effect on the date of renewal.
Legal Compliance: The User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of AuctionThanx Services.
General Disclaimer: AuctionThanx does not guarantee continuous, uninterrupted or secure access to our Services. AuctionThanx does not warrant for Service interruptions beyond its control such as, but not limited to; User error, User's inability to contact AuctionThanx, network interruptions or slow downs, server disconnections or down time for any reason, changes to the auction website that impact AuctionThanx software, hacker interference, etc. Data displayed on this website about past performance is not a guarantee of similar results in the future. AuctionThanx utilizes high-level, industry-standard security measures, but we can not guarantee absolute protection of User information. AuctionThanx does not guarantee that emails will be sent to your ebay bidders. Further, we do not guarantee that the User will be able to make changes, additions or deletions to emails created or sent..
Release: The User releases AuctionThanx, its officers, agents, sponsors and employees from claims, demands and damages (both actual and consequential), of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactional disputes between auction buyers and auction sellers.
Limitation of liability: In no event shall AuctionThanx or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, Services or this agreement (however arising, including negligence). Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the User's cost of Services at the time of entering into the agreement.
Disclaimer of warranty: AuctionThanx expressly disclaims any warranty for it's Services. Services are provided on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the performance of, or arising out of the use of AuctionThanx's Service is borne by the User. AuctionThanx makes no warranty regarding any goods, information or Services purchased or obtained through the use of the AuctionThanx Services. This disclaimer or warranty constitutes an essential part of the agreement concerning AuctionThanx. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to the User and the User may have other legal rights that vary by jurisdiction.
Indemnification: User hereby agrees to defend, indemnify and hold harmless AuctionThanx, its officers, directors, employees and agents, for any loss or damages awarded by a court of competent jurisdiction resulting from any claim, action, or demand, including reasonable legal fees, arising out of or related to AuctionThanx Users' use of any service, or the violation of the agreement by the User.
Notice: Any notice required under the agreement shall be given as follows: notice from User to AuctionThanx shall be in writing and shall be made either via email or certified mail; notice from AuctionThanx to AuctionThanx User shall be in writing and shall be made either via email, certified mail or may be posted as part of the AuctionThanx website.