This website is operated by J. P. King Auction Company, Inc. Website design is by WebFX, Inc. . Throughout the site, the terms “we”, “us”, and “our” refer to J.P. King Auction Company, Inc. and its subsidiaries, parent companies, predecessors, and successors in interest. The term “Service(s)” shall include the website, application, goods or services offered by us or our affiliates. “Goods” shall refer to goods sold on, by, or through this website platform. “Services” shall refer to services offered by us, our employees, agents, and the like. We offer Goods and Services conditioned upon your acceptance of all terms, conditions, and policies stated herein.
By visiting our website and/or mobile application, you engage in our Services and agree to be bound by the following terms and conditions (“Conditions”, “Terms”, “Policies”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Those Terms apply to all users of the site, including, without limitations, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using this site. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all Terms and Conditions contained herein, you may not access this site.
Any new features or tools which are connected or related to the Goods and Services shall also be subject to these Terms and Conditions. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site or apps following any changes constitutes your acceptance of those changes.
SECTION I–USE OF SERVICE
All rights, title, and interest in and to the Goods and Services are owned by us. We reserve all rights thereto, including without limitation all IP rights or proprietary rights in connection with the Services, save those owned by WebFX, Inc. Subject to your agreement and compliance with these Terms, we grant you a non-exclusive, non-transferrable, revocable limited license, subject to the limitations herein, to access and use the Services for your own purposes. You agree not to use the Services for any other purpose. Any use of the Services in violation of these License Limitations is prohibited and may result in the immediate revocation of your limited license and may subject you to liability for violations of the law. Further, we may delete any account(s) deemed inactive or in violation of our policies or standards, with or without notice to you.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and consent to these Terms and Conditions on behalf of your minor dependents who may access or use the site.
You may not use this site for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms, viruses, or destructive code via this site or application. A breach or violation of any of the Terms and Conditions herein will result in an immediate termination of use of this site and its Goods and Services.
SECTION II–GENERAL CONDITIONS
We reserve the right to refuse service or access to the Service to anyone for any reason commensurate with governing law at any time.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or its content or access the Service or any contact through which the service is provided without express written permission by us.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.
SECTION III–MODIFICATION OR SUSPENSION TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for modification, suspension, or discontinuance of the Services alone.
SECTION IV–PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the site, apps, or various third party vendors or links. We do not assume liability or responsibility for the products or services provided by these third-party vendors.
SECTION V–THIRD PARTY TOOLS AND LINKS
We may provide you with access to third-party links or tools which we neither monitor, nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is”without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Your use of optional third-party tools or links on this site at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools and links are provided, relevant to the third-party provider(s). Third-party links on this site may direct you to third-party websites which are not owned or affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials and/or sites.
We are not liable for any harm or damages related to the purchase of goods, services, resources, content, or transactions made in connection with any third-party websites or tools referenced, used, or linked herein. Please review the policies of any third-party and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party links, tools, information, services, or products should be directed to the third-party.
SECTION VI–USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You hereby grant us a revocable, perpetual, transferable, license (including sublicense and assign) to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display or perform, or provide access to, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your user content, as well as all modified and derivative works thereof, including marketing and promotions. You further grant us the unconditional, irrevocable right to use and exploit your name, likeness, and other information or material included in user content and in connection with user content, without any obligation to you. We do not claim ownership rights in your user content and nothing in these Terms is intended to restrict any rights you may have to use and exploit your own user content. You may revoke this license by sending notification to:
We are and shall be under no obligation to maintain any user content in confidence, pay compensation for comments or content, or to respond to any comments. We may, but have no obligation to, monitor, edit, or remove comments or user content we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violative of any party’s intellectual property or these Terms.
You agree that your comments or posts will not violate any right of any third-party, including IP rights such as copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any virus, malware, or malicious or infectious code. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties regarding the origin of any content. You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We are not responsible for examining, monitoring, or evaluating all content for accuracy and do not warrant and will not have any liability or responsibility for any third-party posts. We do not assume any responsibility for the accuracy of any blogs or posts made by users. We are unable to pre-screen or monitor all User Content and will not do so. Use at your own risk.
SECTION VII–USER ACCOUNTS AND FEES
Each user may be assigned a user account through which he/she will be able to purchase goods or services and/or participate in various fee-based activities, should such activities, goods, services, etc. be made available via the website or application. Each user is limited to one account and users are expressly prohibited from maintaining multiple accounts. Any purchase shall be from a payment source or account registered in the user’s name. Any attempts to defraud the Site through use of cards or other methods of payments or failure by the User to honor charges or requests for payment will result in removal/deletion of the account and action in civil or criminal court to recover the debt owed. In the event of a suspect or fraudulent payment or activity, we reserve the right to block the user’s account and to deny future use.
ALL SALES ARE FINAL UNLESS STATED OTHERWISE AND EACH USER ACKNOWLEDGES WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
In the event of a dispute regarding a charge for Goods or Services, you may contact us at:
Information Center: 800-662-5464
SECTION VIII–PERSONAL INFORMATION
SECTION IX–ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, services being offered, promotions and other offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website or application is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the website, application or Service, except as required by law.
SECTION X–PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; including, but not limitation to, the impersonation of any other person or as being our employee/agent; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) to gain unauthorized access to the Service or any account not belonging to you; (k) for any obscene or immoral purpose; (l) to interfere with or circumvent the security features of the Service or any related website, application, other websites, or the Internet; (m) copy, distribute or reproduce any Service or content; or (n) partake in any activity that we deem to be against the spirit or intent of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION XI–DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove, disable or suspend the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The website and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service and its content, or for any other claim related in any way to your use of the Service and its content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. YOU ASSUME ALL RISK OF LOSS OR INJURY RELATED TO THE USE OF THE SERVICE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, OUR OR OUR AFFILIATES LIABILITY ASSOCIATED WITH THE USE OF THIS WEBSITE OR ITS APPLICATIONS IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US IN THE THREE HUNDRED SIXTY-FIVE DAYS (365) IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID US OR ANY AFFILIATE ANY AMOUNT IN THE THREE HUNDRED SIXTY-FIVE DAYS (365) IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR ANY AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service; your violation of any law or the rights of a third-party; your use of the Services, including, but not limited to, emotional, psychological or privacy related consideration, or your actions to knowingly affect the Service via any malware, bloatware, computer virus, worm, trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service and ceasing to use the same.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION XV–ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION XVI–GOVERNING LAW AND VENUE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Alabama. All parties that any case or claim filed against us or related, in any way, to the Service or these terms shall only be filed in the Circuit Court of Etowah County, Alabama or the United States District Court for the Northern District of Alabama, Middle Division.
SECTION XVII–CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website or application. It is your responsibility to check our website or application periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION XVIII–DISPUTE RESOLUTION
Should any dispute arise from or relating to the terms of this Agreement or the Services, or otherwise, the parties shall submit the same to an arbitration panel pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any award by the Board of Arbitration shall be final and binding upon the parties hereto, their heirs, successors, legal representatives and assigns. YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, both parties agree that neither shall attempt to have any other dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
SECTION XIX–CONTACT INFORMATION