This website (the “Site”) is owned and operated by LindsaysClassics.com, and the Site is an information Service and auction website that brings together buyers and sellers. The terms of service in this User Agreement apply to the Site, located at https://lindsaysclassics.com/ as well as to any mobile or similar versions of the Site that LindsaysClassics.com operates. By using the Site, you (the “user”) agree that You are at least eighteen (18) years of age and You acknowledge that You have read, understood, and agree to be bound by the Terms and Conditions in this User Agreement.
LindsaysClassic.com operates this Site as an online advertising and research service for car buyers, sellers and enthusiasts. Advertisers on the Site may include information about special offers, incentives, or pricing programs associated with a specific brand, model, or vehicle (“Offers”). LindsaysClassics.com is not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions. Users of the site should contact the relevant advertiser for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services or this Site. Bid update and other notification functionality in LindsaysClassics.com applications may not occur in real time, and such functionality is subject to delays without prior notification.
Throughout this Agreement, the words “LindsaysClassics.com”, “we,” “us,” “our”, “company”, and “ours” refer to Lindsay’s Classic Cars and Truck Sales, a Texas corporation, its officers, employees, consultants, agents, and subsidiaries. The word “auction” applies to any kind of car sale supported by this Site including sales involving single or multiple bidders, or a single offer to purchase a vehicle or product at above or below the asking price. The word “Service” refers to the services provided by the Site or any of its subsidiaries, including the digital listing of vehicles for auction, information and processes regarding such auctions, and the convergence of buyers, sellers, and enthusiasts for that purpose. And, the words “you,” “your,” “buyer”, “seller”, and “yours” refer to you, a user of the Service and this Site.
Your use of the services provided by the Site or any of its subsidiaries (the “Service”) is specifically conditioned upon your agreement to the Terms and Conditions contained in this User’s Agreement (the “Agreement”). By using the Service, you are agreeing to all of the terms contained in this Agreement. You agree that You will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service.
Specifically, by accessing this website (the “Site”), posting an advertisement on this website, listing a vehicle for auction, registering for any aspect of the Service, otherwise accessing, visiting or using the Service, or bidding on an auction vehicle listed on this website, you agree to be bound by the Terms and Conditions appearing in this document. In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested, and to update such information as may be necessary to keep the information true, current, accurate, and complete. If you do not agree with the terms and conditions of this User Agreement, you should not access, visit and/or use the Service, or request or receive a Product or Service.
This User Agreement explains your rights and obligations in accessing, visiting and/or using the Service. This User Agreement does not apply to websites, apps, destinations, or other offerings that we do not own or control, even if they are linked to from the Service or links to them are provided on the Site. You should access this User Agreement any time you have a question or inquiry, and we advise that you print or retain a digital copy of this User Agreement for future reference.
This User Agreement may be modified from time to time without advanced notice. Continued access, visitation and/or use of the Service by you, or continued receipt of a Product or Service, will constitute your acceptance of any changes or revisions to the User Agreement.
If you breach, violate, fail to follow, or act inconsistently with any part of the Agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service or any Product.
We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Except for products or Services on the Site that specifically identify LindsaysClassics.com as the provider, all other transactions for products or Services available on or through the Site (such as car sales and auctions by a third party) shall be between You and the third party involved with that transaction, without any involvement by LindsaysClassics.com. If You bid on, purchase, order, obtain or research products on or through the Service or the Site, LindsaysClassics.com assumes no responsibility for the quality, quantity, size, character, fitness for a particular purpose, specifications, features, functionality, safety, or legality of such products, the truth or accuracy of the listings, or the ability of the sellers to sell, ship, or otherwise provide such products. You agree that LindsaysClassics.com is not responsible, and shall have no liability, with respect to any products available on or through the Site or Service, including illegal, offensive or illicit items, even items that violate the agreement.
You agree that You are making use of Services completely at your own risk, and that Services are being provided to you on an “as is” and “as available” basis. Accordingly, to the extent permitted by applicable law, you agree that no liability will be incurred by LindsaysClassics.com, or any subsidiary, affiliate, employee, director, or agent of that entity, from Your use of the Services, including any express or implied warranties, implied warranties of merchantability, fitness for a particular purpose, and non-infringement or advice or information, whether oral or written, obtained by you from us or through the Service.
We hereby expressly disclaim, any and all representations, warranties, covenants and guarantees, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any products, content contained therein or provided by us, or the service.
We do not represent, warrant, covenant or guarantee that access to any product, content, the service and/or communications or messaging from or to us or you will be uninterrupted, timely, or error free, or that there will be no failures, delays, inaccuracies, errors or omissions or loss of transmitted content or products, or that no software disabling devices, time bombs, viruses, worms, bugs, or devices or defects of similar nature will be transmitted on or through the service, and we will not be liable in the event of any such occurrence.
We further do not represent, warrant, covenant or guarantee that all portions of the service, the service as a whole, or any content or products can be accessed via all devices, or via all carriers and service plans or is available in all geographic locations.
We are not responsible for incomplete, incorrect, lost, delayed, late, misdirected, garbled, damaged, illegible, undeliverable, or incompletely received products, content, portions of the service, or communications or messaging from or to us or you for any reason, including by reason of hardware, software, browser, network, communications system failure, malfunction, delay, or congestion, or any incompatibility at our servers or elsewhere, or for any other technical problems, human error, any form of active or passive filtering by a user’s device or access provider, insufficient space on user’s device or account/profile, or any other cause or combination thereof.
We shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained or arising out of the agreement, the Service, content on the Site, the sale, purchase, receipt, use or misuse of any product, your ability or inability to access, visit and/or use the service or any content or product, including damage to your device, or for software disabling devices, time bombs, viruses, worms, bugs, or devices or defects of similar nature alleged to have been obtained from the service, content or products, your access, visitation, and/or use of, or reliance on, the service, content or any of the products available on or through the service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, LindsaysClassics.com (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of or your inability to use our Services; (2) the Content you provide (directly or indirectly) using the Services; (3) pricing, shipping, format, or other guidance provided by the Company; (4) delays or disruptions in our Services; (5) viruses or other malicious software obtained by accessing or linking to our Services; (6) glitches, bugs, errors, or inaccuracies of any kind in our Services; (7) damage to your hardware device from the use of Services; (8) the Content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; (9) a suspension or other action taken with respect to your account or breach of this User Agreement; (10) the duration or manner in which your listings appear in search results; or, (11) any alleged loss of or inability to do business.
In the event you believe there has been a failure of a Product or Service to conform to your expectations or any applicable warranty, you must notify the applicable third party involved with the transaction to receive a refund of all or part of the applicable fees, if any, to the maximum amount permitted by applicable law. LindsaysClassics.com will have no responsibility or liability involved with respect to the non-compliant product or Service or any other warranty obligations with respect to the product or Service.
Without limiting the foregoing, LindsaysClassics.com, its subsidiaries, its affiliates, and its licensors do not warrant that: (1) the content is accurate, reliable or correct; (2) the Service will meet your requirements; (3) the Service will be available at any particular time or location, uninterrupted or secure; (4) any defects or errors will be corrected; or (5) the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. Any errors in Content, including, but not limited to, description, photography, or typographical errors, are subject to correction at our sole discretion.
LindsaysClassics.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and LindsaysClassics.com will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. LindsaysClassics.com cannot be responsible for the typographical and other errors that may appear on the Service. If there is incorrect information given about a vehicle price, availability, description, condition or mileage due to a typographical error, LindsaysClassics.com is not responsible for such error or its correction. LindsaysClassics.com reserves the right to refuse or cancel any listings for vehicles listed at an incorrect price.
The Services may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. You agree that we are not liable for any perceived or actual damages arising from service content, operation, or use of this service. Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
Except for certain types of disputes described below, you agree that all disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. You agree to the arbitration procedures set forth below.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and LindsaysClassics.com must be resolved exclusively by a state or federal court located in Dallas County, Dallas, Texas. You agree to submit to the personal jurisdiction of the courts located within Dallas County, Dallas, Texas for the purpose of litigating all such claims or disputes.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Texas, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and LindsaysClassics.com, except as otherwise stated in this User Agreement.
Regardless of the previous paragraphs, if the Site or LindsaysClassics.com, or any of its affiliates, subsidiaries, officers, directors, owners, employees or agents, are found to be liable for any claim or cause of action, the maximum liability to you or to any third party is capped and limited to (a) the amount of fees in dispute not to exceed the total fees paid by You for the underlying Service, which will be restricted to the fees paid to the Site for use of the Service (as opposed to the money paid for the underlying Product), or (b) $100, whichever is less.
This limitation of liability stated herein applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall our liability to you exceed the total amount of fees paid by you during the one month period in which the claim arose. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. The agreement is not subject to the laws of such states, but to the extent a claim is brought therein, our liability and warranties are limited to the extent permitted by law.
If you have a dispute with one or more users, you release us and LindsaysClassics.com (and our affiliates and subsidiaries, and our and their respective officers, directors, owners, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You agree to indemnify, defend and hold harmless us from and against any and all claims that may arise out of or are in any way connected with your access, visitation and/or use of the Service on the Site, your Content, unauthorized use of Content or Products obtained on or through the Service, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service or the Site.
You agree to indemnify and hold LindsaysClassics.com (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expenses (including, without limitation, costs and reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any User or third party (each, a “Claim”) due to or arising out of (a) your use of the Services or Content on the Site, (b) information you provide or we obtain about you and your use of the Services or the Site, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations or (e) the actions or inactions of any third party to whom you grant permission to use your user account to access the Services.
LindsaysClassics.com reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of LindsaysClassics.com. LindsaysClassics.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS AND HAS AN IMPACT ON HOW YOUR CLAIMS, IF ANY, ARE RESOLVED.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You and LindsaysClassics.com agree that any claim or dispute at law or equity that has arisen, or may arise, including any claim or dispute between you and a third-party agent of LindsaysClassics.com) that relates in any way to or arises out of access to the Site or any Services, this User Agreement, your use of or access to the Services, the actions of LindsaysClassics.com or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Arbitration.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitatrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a notice of the dispute (“Notice”). The Notice to LindsaysClassics.com should be sent to: Barry Wilson, 5936 Glendora, Dallas, TX 75230 (email@example.com).
LindsaysClassics.com will send any notice to you to the physical address we have on file associated with your LindsaysClassics.com account; it is your responsibility to keep your physical address up to date. All information called for in the notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and LindsaysClassics.com are unable to resolve the claims described in the Notice within 30 days after the notice is received, you or LindsaysClassics.com may initiate arbitration proceedings.
A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to LindsaysClassics.com at the following address: Barry Wilson, 5936 Glendora, Dallas, TX 75230 (firstname.lastname@example.org).
In the event LindsaysClassics.com initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your LindsaysClassics.com account.
Any settlement offer made by you or LindsaysClassics.com shall not be disclosed to the arbitrator. The arbitration hearing shall be held in Dallas County, Texas or at another mutually agreed location. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same LindsaysClassics.com user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If (a) you willfully fail to comply with the notice of dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse LindsaysClassics.com for all fees associated with the arbitration paid by LindsaysClassics.com on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section “b” of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”).
THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 15 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME BY LOGGING ONTO THE SITE. YOU MUST MAIL THE OPT-OUT NOTICE TO LindsaysClassics.com. You must complete the Opt-Out Notice by providing information including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with LindsaysClassics.com Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate.
If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Notwithstanding any provision in the User Agreement to the contrary, you that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against LindsaysClassics.com prior to the effective date of the amendment.
The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and LindsaysClassics.com. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
If not otherwise waived or released, You and LindsaysClassics.com agree that You may only bring claims against LindsaysClassics.com on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from a filed arbitration and may be brought in court, subject to your releases to LindsaysClassics.com and subject to LindsaysClassics.com’s right to appeal the court’s decision.
Unless both you and LindsaysClassics.com agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Furthermore, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.
Any and all intellectual property rights associated with the Service and the Company and its affiliates, including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets, and copyrights, are the sole and exclusive property of LindsaysClassics.com, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without our express written permission. LindsaysClassics.com and Lindsay’s Classics marks, logos, designs, and phrases that we use in connection with our Services are trademarks, Service marks, or trade dress of LindsaysClassics.com in the U.S. and other countries. Except as provided herein, we do not grant to you any express or implied rights to our intellectual property.
You explicitly agree not to:
The fees we charge you, the buyer, or the seller for using our Services are shown on the Site or otherwise disclosed by us to You. We may change our fees from time to time by posting the changes on the Company site. The Company may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.
You shall not charge a third party additional fees over and above the listed fees or costs identified on the Site. All payments made by you or to you will be facilitated through a third-party payment processing service. You must have a payment method on file when buying or selling products to or from third parties using the Site and You must pay all fees and applicable taxes associated with our Services. If you wish to dispute any aspect of the transaction, you will need to initially submit to the dispute resolution procedure and policy of the third-party payment processing service.
All information that You provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.
You may cancel your account at any time; however, there are no refunds for or in connection with cancellation. If the Company suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund, including in any Content or data associated with your account for anything else.
When listing an item:
When buying an item, you agree that:
SELLER ACKNOWLEDGES AND AGREES THAT THE OFFERING OR PROVISION OF SUCH MAKE WHOLE AMOUNT BY LINDSAYSCLASSICS.COM TO SELLER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE LINDSAYSCLASSICS.COM A PARTY TO SALE OF THE SELLER’S APPLICABLE VEHICLE OR OTHER TRANSACTION BETWEEN THE SELLER AND THE BUYER.
EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING LISTING, AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE VIA THE SERVICE, SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE ITEM ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT SELLER’S LISTING MAY BE REMOVED SOLELY AT OUR DISCRETION.
Each buyer acknowledges and agrees that:
If we believe you are abusing the Service, in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove listings and take technical and/or legal steps to prevent you from using our Services. In connection with the Services, sellers may elect to provide Company a reserve amount indicating the minimum price at which the seller will agree to sell the applicable item (the “Reserve”). Seller may reduce or waive the Reserve during the auction by notifying Company of the change via email.
This clause and the other terms in this Agreement serve as formal notice that if a listing is offered with a reserve, the Site and Service may, but is not required to, implement the reserve by bidding on behalf of the consignor, whether by establishing the initial bid, or by continuing the bidding not to exceed the reserve.
When providing Content using the Services (directly or indirectly), you grant the Site and LindsaysClassics.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable (through multiple tiers) with right to exercise any and all Intellectual Property Rights (as defined above) to any Content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future.
To the fullest extent permitted under applicable law, you waive your right to enforce against LindsaysClassics.com, the Site, its owners, agents, employees, our assignees, our licensees, and their assignees, your Intellectual Property Rights in that Content in connection with any use of that Content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such Content is accurate. You represent and warrant that use of any such Content (including derivative works) by us or anyone else as part of the Service or use of the Site, or in compliance with this agreement, does not and will not infringe any Intellectual Property Rights of any third party.
LindsaysClassics.com takes no responsibility and assumes no liability for any Content provided by you or any third party. LindsaysClassics.com cannot promise that the Content provided through the Services will always be available, accurate, complete, and up to date. LindsaysClassics.com does not guarantee the truthfulness, accuracy or reliability of any seller Content or endorse any opinions expressed by you or anyone else.
By a submission of the seller Content both the buyer and seller fully and unconditionally release and forever discharge LindsaysClassics.com and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between seller and buyer or one or more users or any other person or entity, or (ii) the use by us or you of the seller Content, including, without limitation, any and all claims that use of the seller Content pursuant to this agreement violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You, the seller, agree to fully indemnify and hold us harmless for any claims raised by third parties in connection with the use of seller’s Content relating to any violation of intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
You acknowledge and agree that LindsaysClassics.com has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any seller Content. LindsaysClassics.com acts as a passive conduit for seller Content and has no obligation to screen or monitor seller Content. If we become aware of any seller Content that allegedly may not conform to this agreement, LindsaysClassics.com may investigate the allegation and determine in its sole discretion whether to take action.
LindsaysClassics.com has no liability or responsibility to users for performance or nonperformance of such activities. You agree that LindsaysClassics.com is not responsible for examining or warranting the listings or Content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
Although we have no obligation to monitor the Content of our users, the Site and Service reserves the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third parties, or protect our rights, property, or personal safety, or that of our users, or of the public.
Company may contact you at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. LindsaysClassics.com may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with The Company or its agents for quality control and training purposes, or for its own protection.
If LindsaysClassics.com provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Parties other than us and our subsidiaries may operate stores, offer or provide services, or offer or sell product lines on the Service. Additionally, the Service may offer links to the websites of affiliated companies and certain other businesses. We may participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
LindsaysClassics.com is not responsible or liable to You for any product or service purchases using third-party affiliate links. We shall not be responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the Content of their respective websites. We assume no responsibility or liability for the actions, product, and Content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.
By using the Service or by communicating with us electronically via email, instant messenger, SMS, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Standard message and data rates may apply, and these text messages may count towards any messaging limit set in your mobile plan. Check with your mobile provider for further information. The Company is not responsible for any user fees associated with electronic communications due to usage of the Company site. In connection with your access to or use of the Service, we may obtain information from you directly, or about you, through the Service.
This Agreement (including any additional privacy notice, guidelines, terms, procedures or rules that may apply to a specific feature of the Services) constitutes the entire agreement between you and us regarding the use of the Services. Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on LindsaysClassics.com. Headings are for reference purposes only and do not limit the scope or extent of such Section. We do not guarantee we will take action against all breaches of this User Agreement. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to that same, subsequent or a similar breach.
This User Agreement may not be amended by You except through the agreement of a Company representative who is duly authorized to agree to such an amendment. LindsaysClassics.com may at any time, and without notice, modify, update, amend, or otherwise change the terms of this Agreement without notice to you, and you agree to be bound by such changes. We may amend this User Agreement at any time by posting the amended terms on LindsaysClassics.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. Notwithstanding such a click-through request, Your continued access or use of our Services constitutes your acceptance of the amended terms.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
These Terms of this Agreement apply to you as soon as you access the Services by any means and continue in effect until they are validly terminated. LindsaysClassics.com may, in its sole discretion, terminate your Credentials (including your password, account (or any part thereof)) or use of the Services, or remove and discard any User Content or information stored, sent, or received via the Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Services (including through the use of your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Services.
You may terminate your user account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Services shall not affect any right or relief to which LindsaysClassics.com may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to LindsaysClassics.com and its licensors and all rights granted by you to LindsaysClassics.com shall survive in perpetuity. Specifically, terms of the User’s Agreement set forth in paragraphs 1 – 17 remain applicable even after termination.
If you have any questions about this Agreement, you may contact us by email at: email@example.com.