Welcome to W2auctions.com (“W2auctions.com”). W2auctions.com provides an online platform for auction services. W2auctions.com is not a multiple listing service and is made available for your access and use subject to the terms and conditions of these Terms of Use (“Terms of Use”), including our separate privacy policy (the “Privacy Policy”), and all applicable laws and regulations. These Terms of Use are between you, the user of this Website (“User”, “You” or “Your”), and W 2.0 Auction Solutions, LLC (“W2.0”, “We”, Us” and “Our”), the owner of the W2auctions.com website. “Services” refers to all services provided by Us. Carefully read these Terms of Use before accessing or using W2auctions.com.

By accessing or using the W2auctions.com, you agree to accept and be legally bound by these Terms of Use, which form a legally binding contract between you and W2.0. If you do not agree to these Terms of Use, you may not use W2auctions.com and you must exit the site immediately. You should review these Terms of Use from time to time as W2.0 may post revisions at any time without notice to you.

BY USING W2.0’S SERVICES OR ACCESSING W2AUCTIONS.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Any mobile access to the W2auctions.com may be subject to your carrier’s normal rates and fees.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. Minors are not eligible to use W2auctions.com and we ask that they do not submit any personal information to us.

We reserve the right to deny our services at any time to anyone that we feel may put W2.0 and/or W2auctions.com, it’s customers, clients, affiliates, agents, employees, partners at risk due to past or present conduct.

General Terms.
If you are a Subscriber or User, to protect your account information, W2.0 will enable each W2auctions.com User to register a name and password, or other unique identifier. Only registered Users will have the ability to modify the password and personal information.

You shall be responsible for protecting and maintaining the secrecy of your password. Please see our separate Privacy Policy for information on our User data collection and use practices. Although reasonable efforts are made to protect your personal information, we cannot guarantee the absolute safety and security of personal information and data on the Internet.

W2.0 reserves the right to change these terms of Terms of Use. It is your responsibility to review these Terms of Use for updates and changes. We also reserve the right to refuse or terminate service, accounts, or access at our discretion, including if we believe that a User of W2auctions.com may be violating any law or is posting any misleading or harmful information, or is otherwise in violation of these Terms of Use.

Users are advised to seek competent legal counsel regarding these Terms of Use.

Representations and Warranties.
User content (“User Content”) includes all data, content and information submitted to W2auctions.com. User Content includes without limitation all photographs, images, graphics, video recordings, tours, drawings, written descriptions, remarks, and narratives submitted by Users to W2auctions.com.

Users hereby grant to W2.0 a non-exclusive, irrevocable worldwide, royalty free license to use, copy, distribute, sublicense, publish, reproduce, prepare derivative works, and display the User Content submitted to W2auctions.com. You acknowledge and agree that W2.0 may license, or otherwise grant rights in or to the User Content to any third party for any lawful purpose deemed appropriate by W2.0. You represent and warrant to W2.0 that the User Content, and the license of rights in and to the User Content to W2.0, do not infringe or violate any copyrights, trade secrets, or other intellectual property rights of any third party. Users represent and warrant the following to W2.0:

1. The User represents and warrants that User has all rights, title and interest, or has taken the appropriate action to acquire the necessary rights, to all copyright rights and other intellectual property rights, in and to the User Content submitted to W2auctions.com.
2. Users shall not knowingly submit any User Content, including graphics, photographs, text, or offers of commission, that is offensive, disparaging, false or misleading, or in violation of any law.
3. Users shall not use their User account to breach the security of the W2auctions.com website or gain access to the account of any other User.
4. If any User Content includes images of any persons, or the likeness or image of any person, User represents and warrants that User has obtained the written consent of each such person to the display of such likeness or image, and will deliver a copy of such consent to W2.0 upon request.
5. Any intentional manipulation of the Website by User is prohibited. If any manipulation by User occurs, the license granted in these Terms of Use shall immediately terminate. W2.0 may immediately remove any User Content from W2auctions.com.

Linking Terms.
You may not establish a hypertext link (the “Link”) from your website or another other account, website, media form, etc. (“Your Website”) to the W2auctions.com website without the, prior, express, written consent and approval of W2auctions.com.

If approval to Link from Your Website is granted, Your Website and you shall not do any of the following:

1. Create frames around the W2auctions.com website or otherwise alter the visual presentation of the W2auctions.com website.
2. Expressly state or otherwise imply that W2.0 or W2auctions.com is endorsing you, your products or services, or the content of Your Website.
3. Expressly state or otherwise imply an affiliation between you and W2.0 or W2auctions.com without the prior written consent of W2.0.
4. Misrepresent your relationship with W2.0 or W2auctions.com or present false or misleading impressions about W2.0’s products or services.
5. Disparage W2auctions.com or W2.0 or display the Link in a manner that diminishes W2.0’s goodwill.
6. Include or display any material which is immoral, unethical, illegal or inappropriate for a professional Website.
7. Remove, modify or obscure any copyright or other proprietary right notices and usage restrictions on W2auctions.com, or on any content or other materials, or on any copies or versions thereof. All rights not expressly granted are reserved by W2.0.

If approval to Link from Your Website is granted, Your Website and you:

1. acknowledge and agree that you are not a publisher, distributor, agent, partner, franchisor or endorser of W2auctions.com and W2.0 is not a publisher, distributor, agent, franchiser or endorser of you or Your Website. W2.0 retains exclusive editorial control over W2auctions.com and has the right to make administrative or operational decisions it deems necessary or desirable in the normal course of business.
2. represent and warrant to W2.0 that (1) you have duly registered the domain name of Your Website with all applicable authorities and/or have a license to use Your Website, and you possess all rights necessary to use such the domain name for Your Website, and (2) the content and materials which have been placed within Your Website, or any hyperlink therefrom, do not and will not infringe upon or violate (i) any U.S. copyright, patent, trademark or other proprietary right of a third party, (ii) any applicable law, regulation or non-proprietary right of a third party.
3. agree and acknowledge that you, and not W2.0, are responsible for Your Website and all content and uses of Your Website. In addition, you are solely responsible for your own security in linking to or using the W2auctions.com website, and for selecting or implementing any precautions you deem appropriate for your intended use of the W2auctions.com website.
4. acknowledge that by linking to the W2auctions.com website, W2.0 does not in any way endorse, accept, or approve your Website or any content on your Website. W2.0 shall not be liable in any way for any claim arising from the operation of your Website or the use of the link to W2auctions.com.

Links to Other Websites.
W2auctions.com may contain links to other Websites. The linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that W2.0 is not responsible for the content or anything that may be delivered to you or your computer as a result of accessing any of the linked Websites. Specifically, W2.0 is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the W2auctions.com website. The content of any linked Website is not under W2.0’s control, and W2.0 does not endorse such content, whether or not W2.0 is affiliated with the owners of such linked Websites. You should read the policies of a linked Website before making a decision to use that site.

Limitations on Use.
The contents of this Website are protected by copyright. They may not be reproduced, distributed or published in any way without the consent of W2.0. All rights are reserved.

Except with the express prior written consent of W2.0, you may only access, view, download and print individual pages from W2auctions.com for personal use. Other commercial uses of W2auctions.com are prohibited. Except as expressly provided under these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, post, license, frame in another Website, use on any other Website, create derivative works of, transfer, sell, and/or exploit for commercial use, any information, software, or other lists, products or services provided through or obtained from W2auctions.com, including by email or other electronic means, without the prior written consent of W2.0. The systematic retrieval of any of the User Content to create or compile a separate database without the written permission of W2.0 is prohibited.

You agree not to use W2auctions.com or any content or information you may access from the W2auctions.com to engage in any unauthorized or inappropriate activities or for any unlawful purpose. This limitation includes any conduct that is unlawful, untruthful, misleading, tortious or that is harmful to W2.0 or any other person or entity. You agree not to post or upload any content that is hateful, threatening, pornographic, or inappropriate in the sole judgment of W2.0.

You agree not to use any extraction tool, or any manual, computerized, or automated mechanism to access, compile, download, circumvent any login or security devices, or extract any content or information from W2auctions.com. This prohibition includes use of any data mining tools, spiders, robots, scrapers, algorithms, or other automated devices or methodologies, or similar tools or technologies.

W2.0 prohibits the use of, and you agree not to use, W2auctions.com or any information or content on W2auctions.com to harvest or collect information about W2auctions.com’s Users, or to transmit, distribute, or deliver any unsolicited bulk commercial email (“SPAM”). You may not send SPAM to any W2auctions.com User, or other person and you may not authorize others to do so.

User Representations and Warranties.
You represent and warrant to W2.0 that any information you provide on the W2auctions.com website will be true, accurate and complete, and will not violate any law, statute, ordinance or regulation. You warrant that you will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of W2.0, you agree that you will not access or attempt to access password protected, secure or non-public areas of W2auctions.com. Unauthorized individuals attempting to access prohibited areas of W2auctions.com may be subject to legal prosecution.

Reliability of Information.
The information listed on W2auctions.com has been obtained or provided by third party sources deemed reliable. W2.0 does not guarantee the accuracy, sufficiency, correctness, veracity, completeness or timeliness of any information on W2auctions.com. You are responsible for verifying the sufficiency and reliability of any information which is not guaranteed.

Proprietary Rights.
You acknowledge and agree that the logos and trademarks of W2.0 and W2auctions.com (collectively W2.0’s “Websites”) and the content and look and feel of W2.0’s Websites are proprietary, original works of authorship of W2.0, or licensed to W2.0, protected under United States copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, W2.0’s Websites, related intellectual property rights, methods of display and presentation, text, and the content and look and feel of W2.0’s Websites are and shall remain with W2.0. You agree not to contest or infringe these rights, directly or indirectly, at any time. We grant to Users a limited and nonexclusive right and license to access W2auctions.com solely for their use. Other commercial uses of W2auctions.com are prohibited. Without the prior written consent of W2.0, your modification of the content, use of the content on any other Website or networked computer environment, or use of the content for any purpose other than expressly granted herein, violates the copyrights, trademarks or other intellectual property rights of W2.0 or its licensors, and is prohibited. Except as expressly provided under these Terms of Use, you may not use on any Website, including Your Website, or in any other material the Marks or any other trademarks or copyrighted materials appearing on W2auctions.com or any of W2.0’s Websites, including without limitation any logos.

Notification of Potential Infringement.
If any User or other person believes its copyright, trademark or other property rights have been infringed by any User Content included in the W2auctions.com website, the User or other person should send notification to W2.0’s designated agent (“Designated Agent”), as identified below, immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit W2.0 to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit W2.0 to locate the material;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), W2.0’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. The Designated Agent shall be:
W 2.0 Auction Services, LLC Attn.: Intellectual Property 20933 Mule Barn Rd Sheridan, Indiana 46069

User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, W2.0 may immediately remove the identified materials from W2auctions.com without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA. Any copyright infringement by a User shall not be tolerated. If any User is found to be an infringer of any copyright, trademark or other proprietary right, the license granted to User in these Terms of Use shall immediately terminate.

Termination or Interruptions in Service.
W2auctions.com and access to the content thereof may from time-to-time be unavailable, whether because of technical failures or interruptions, intentional downtime for service or changes to W2auctions.com, or otherwise. You agree that W2.0 shall have no liability of any nature to you or any third party for any modifications to W2auctions.com, and any interruption or unavailability of access to W2auctions.com. W2.0 reserves the right, at any time and for any reason, to change, terminate, limit, suspend, or discontinue W2auctions.com, or limit or refuse your access to the W2auctions.com for any lawful reason. You agree that W2.0 shall not be liable for doing so.

Use At Your Own Risk, No Warranties; Exclusion of Liability. W2.0 PROVIDES THE MATERIAL AND INFORMATION ON W2AUCTIONS.COM FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY INFORMATION YOU HAVE FOUND ON W2AUCTIONS.COM, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. W2.0 IS NOT RESPONSIBLE FOR INFORMATION POSTED BY USERS. ACCORDINGLY, YOU AGREE AS FOLLOWS:

1. YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION AND SERVICES WITH RESPECT TO W2AUCTIONS.COM IS AT YOUR OWN RISK. SUCH INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. W2.0 MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE INFORMATION OR ANY DATA, METHODS, OR INFORMATION CONTAINED IN OR PROVIDED THROUGH W2AUCTIONS.COM. W2.0 DOES NOT WARRANT THE FUNCTIONS CONTAINED IN W2AUCTIONS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. W2.0 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
2. IN NO EVENT WILL W2.0 BE LIABLE TO YOU, ANY USER OF W2AUCTIONS.COM OR YOUR WEBSITE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH W2AUCTIONS.COM. ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH W2AUCTIONS.COM IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
3. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL W2.0, OR ANY OF ITS OFFICERS, DIRECTORS, OWNERS OR AFFILIATES, AND VENDORS, BE LIABLE TO YOU, OR ANY USER OF W2AUCTIONS.COM OR YOUR WEBSITE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON INFORMATION OBTAINED THROUGH THE WEBSITE, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF W2.0 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE ENTIRE LIABILITY OF W2.0, ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, OR VENDORS, AND ARISING OUT OF ANY LEGAL CLAIM RELATED TO THE USE OF W2AUCTIONS.COM SHALL BE LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNT YOU PAID TO W2.0, IF ANY, FOR THE USE OF W2AUCTIONS.COM OR ANY INFORMATION, PRODUCTS, OR SERVICES RELATED THERETO.

Indemnification.
You agree to indemnify, defend and hold harmless W2.0, its members, officers, directors, employees, owners, agents, affiliates, suppliers, successors and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost and expense, including reasonable attorneys fees and costs, arising out of or resulting from (a) any breach by you of these Terms of Use, or any other matter for which you are responsible under these Terms of Use; (b) the content of Your Website or any dispute between you and any third party, including another User of W2auctions.com; (c) any negligent acts, errors or omissions of you, your agents or contractors; or (d) any claims for infringement of the intellectual property rights of any person.

Miscellaneous.
By using W2auctions.com, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Indiana, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of W2auctions.com or information shall be instituted in a state or federal court in Indiana, and in the County of Hamilton. You and W2.0 agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding and waive all defenses to the exclusive jurisdiction of such courts.

If any provisions of these Terms of Use shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use represent the entire agreement between W2.0 and you, and supersede any prior agreements or understandings not incorporated herein. In the event of any inconsistency between these Terms of Use and any future posted Terms of Use, the lasted posted Terms of Use shall control.

There are no third party beneficiaries of these Terms and Conditions. If you violate any of these Terms of Use, your permission to use W2auctions.com shall immediately terminate without the necessity of any notice to you. W2.0 retains the right to deny access to W2auctions.com to anyone at its sole discretion for any reason, including for violation of these Terms of Use. W2.0 may, at any time, in its sole discretion for any reason terminate only your right to create and maintain the Link, without affecting your right to otherwise access and use W2auctions.com in accordance with these Terms and Conditions. Upon notice of any termination of your right to create and maintain a Link, and you shall immediately remove any and all Links from Your Website.

You agree that all notices, disclosures, and other communications that we provide to you by first class mail at the address you have provided to us, or delivered electronically to any e-mail address you have provide to us will satisfy any legal requirement that such communications be in writing. You shall use W2auctions.com for lawful purposes only. Any conduct by you that in our judgment and sole discretion restricts or inhibits any other User or person from using W2auctions.com or constitutes manipulation of W2auctions.com, will not be permitted. Failure by W2.0 to enforce any provision of these Terms of Use shall not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.

These Terms of Use constitute the entire agreement between the parties regarding the subject matter hereof.