Client Agreement

--

AUCTIONBLOX ONLINE CLIENT AGREEMENT


1. INTRODUCTION
Welcome to AuctionBlox! We start every new client relationship with a contract. The following contract details what you can expect from us, and what we expect from you.

2. ACCESS AND SERVICES
Your access to the various AuctionBlox services depends on the level of access for which you subscribe. You may change your membership at any time. AuctionBlox reserves the right to modify, suspend or terminate access to the service due to any violation of section "SYSTEM RULES". We also reserve the right to delete all program and data files associated with your membership and/or other information you have on our system after a period of not less than 30 days after membership suspension or termination either initiated by AuctionBlox or by the client.

3. FEES AND PAYMENT
AuctionBlox will charge a monthly membership fee for using our system as well as additional percentage based transactional fees depending on the membership plan you have selected. The monthly membership fee is payable in advance and all additional percentage based transactional fees are payable the following month. You should review the entire web pricing page before signing up for any services. For validation purposes a credit card must be entered on file when signing up for a new account. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full month membership charges for the month for which you discontinued service and additional percentage based transactional fees up to the date of cancellation. We reserve the right to change our fees at any time, for any reason, but, whenever possible, we will give you at least one month's advance notice of such change.

4. INSTALLATION SUPPORT AND PROFESSIONAL SERVICES
New customers will be provided free installation of AuctionBlox services for the approved shopping carts and eCommerce services designated on the AuctionBlox website.  Customers requiring more than four hours of implementation support due to custom modifications to their shopping carts or requirements for additional features of manipulation of data will be charged the current AuctionBlox Professional Services hourly rate for implementation.  AuctionBlox will notify customers in advance when billable hours are anticipated.

AuctionBlox will provide support free of charge to all customers for any operational issues associated with the performance of AuctionBlox services as documented in the website and the operational documentation.  In cases where AuctionBlox features are working nominally for customers and the operational issue is associated with modifications to a single customer’s eCommerce shopping cart or related installation, AuctionBlox will charge the current AuctionBlox Professional Services hourly rate for resolution of the support request. AuctionBlox will notify customers in advance when billable support services are necessary to address the support ticket.  

5. SYSTEM RULES
You agree to be bound by certain rules which are important for the proper use of this service. Your failure to follow these rules, whether listed in this contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not disclose to others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to electronic commerce.

6. PRIVACY CONSIDERATIONS
We take your privacy seriously. AuctionBlox does not rent, sell, or share personal information about you with other people or non-affiliated companies without your consent. For more information about your privacy rights, please view our complete Privacy Policy.

7. PROPRIETARY RIGHTS
Your use of the AuctionBlox system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We and/or our suppliers own the intellectual property rights to any and all protected components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we and/or our suppliers own.

8. LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of our system. We will not be able to afford to operate this system if we were held accountable for every wrongful action by every Online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OF ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, IS COMPLETELY AT YOUR OWN RISK

9. INDEMNITY
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

10. DISCLAIMERS OF WARRANTY
THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

11. CHOICE OF LAW
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of North Carolina, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State of North Carolina. In addition, you agree to submit to the jurisdiction of the courts of the State of North Carolina, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of North Carolina.

12. ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and AuctionBlox Inc regarding your relationship with AuctionBlox and supersedes any prior statements or representations. If you do not agree to the terms of the Subscriber Agreement, please leave the site or the system.

Last Updated: 09/06/2011 

home  |  products  |  services  |  privacy policy  |  client agreement
© 2003-2013 AuctionBlox Inc.
LiveZilla Live Chat Software