Terms & Conditions
1. ACCEPTANCE OF TERMS
My Sale Manager provides its service to you, subject to the following Terms and Conditions, which may be changed or modified by MySaleManager from time to time without notice to you. The Terms & Conditions are available for you to view at anytime on our website.
We value your privacy. None of your account information will not be disclosed, sold, or made available to any third-party.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
4. DESCRIPTION OF SERVICE
My Sale Manager provides its users with an electronic automation service to manage areas of their seasonal consignment sale. You understand and agree that this service is provided "AS-IS" although My Sale Manager makes every effort to ensure that your data is stored correctly. My Sale Manager assumes no responsibility for timeliness, incorrect data entry by you or your consignors, any data deleted by you, items that are not submitted correctly, mis-delivery or failure to store entries due to reasons beyond our control. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees. In addition you must provide and are responsible for any and all equipment needed to access the service.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your account userid and password and are fully responsible for all activities that occur under your password or account. You agree to:
6. MEMBER CONDUCT
You understand that all information, data, text, software, messages or other materials (i.e "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not MySaleManager, are entirely responsible for all content that you enter.
You agree to not use the service to:
You agree to indemnify and hold MySaleManager, it subsidiaries, partners, officers, and/or employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post, transmit or make available through this service. Your use of this service, your connection to the service, your violation of the Terms & Conditions, or your violation of any rights of another.
8.NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknoledge that MySaleManager may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that uploaded content will be retained by the service and the maximum disk space that will be alotted on MySaleManager's servers on your behalf. You further acknowledge that MySaleManager reserves the right to log off accounts that are inactive for extended periods of time. You further acknowledge that MySaleManager reserves the right to change these general practices and limits at any time, it its sole discretion, with or without notice. You understand that you cannot hold MySaleManager liable for any act of God, nature, dial-up, DSL, Broadband service any any other Internet service provider that fails, that might make the service unavailable.
10. MODIFICATIONS TO SERVICE
MySaleManager reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the MySaleManger service (or any part thereof) with or without notice. You agree that MySaleManager shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that MySaleManager, it is sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the service, for any reason and with or without notice, including, without limitation, for lack of use or if MySaleManager believes that you have violated or acted inconsistently with the letter or spirit of the Terms & Conditions. You acknowledge and agree that MySaleManager may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further you agree that MySaleManager shall not be liable to you or any third party for any termination of your access to the service.
12. DEALINGS WITH CONSIGNMENTS
Your correspondence or business dealings with, or participation in promotions of, consignments found on or through the Service, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such consignments. You agree that MySaleManger shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such consignments on the Service.
13. MYSALEMANAGER'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights and other proprietary rights and laws. Except as expressly authorized by MySaleManager you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MySaleManager grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on your computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MySaleManager for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYSALEMANAGER 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.
b. MYSALEMANAGER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYSALEMANAGER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS.
15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYSALEMANAGER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYSALEMANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. COPYRIGHTS and COPYRIGHT AGENTS MySaleManager respects the intellectual property of others, and we ask that you will do the same.
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