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Terms of Use

CAREFULLY READ AND REVIEW THE NOTICES, DISCLAIMERS, LIMITATIONS, TERMS, PROVISIONS AND CONDITIONS SET FORTH HEREIN BELOW AND IN THE PRIVACY POLICY (CLICK ON THE PRIVACY POLICY LINK TO GO DIRECTLY TO THE PRIVACY POLICY.) BEFORE USING THIS SITE OR ITS FEATURES IN WHOLE OR IN PART (THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY, ARE HEREINAFTER REFERRED TO AS "TERMS OF USE"). ANY USER WHO ACCEPTS, ASSENTS AND AGREES TO BE BOUND BY THE FOLLOWING TERMS OF USE IS WELCOME TO USE THIS SITE AND ITS FEATURES, SUBJECT TO SAID TERMS OF USE.

AS USED IN THESE TERMS OF USE, WHETHER ABOVE OR BELOW, THIS "SITE" (INCLUDING WITHOUT LIMITATION THE WORD "SITE") SHALL INCLUDE THIS WEBSITE AND ALL WEBSITES OWNED OR CONTROLLED BY VINTAGE SOFTWARE, LLC (HEREIN REFERRED TO AS "ESTATESALES.NET"), AND SHALL INCLUDE WITHOUT LIMITATION ALL APPLICATIONS, FEATURES, SERVICES AND INFORMATION ON OR AVAILABLE THROUGH THIS WEBSITE (ALL APPLICATIONS, FEATURES, SERVICES AND INFORMATION HEREINAFTER ALSO REFERRED TO COLLECTIVELY AS THE "SERVICES").

THIS SITE, AND ALL OF ITS FEATURES AND SERVICES, IS OFFERED AND MADE AVAILABLE TO YOU, AND YOUR USE OF THIS SITE AND ITS FEATURES IN WHOLE OR IN PART, IS SUBJECT TO AND CONDITIONED UPON YOUR ACCEPTANCE AND AGREEMENT AND COMPLIANCE WITH THE TERMS OF USE, WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION. DO NOT USE THIS SITE OR ANY OF ITS FEATURES IN WHOLE OR IN PART IF YOU DO NOT UNDERSTAND AND AGREE TO THE TERMS OF USE WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION. BY USING THIS SITE, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS CONTENT OR FEATURES IN WHOLE OR IN PART, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND FULLY AND COMPLETELY UNDERSTAND THEM AND AGREE TO THEM WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION, AND USE OF THIS SITE, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS CONTENT OR FEATURES CONSTITUTES ACCEPTANCE, ASSENT AND AGREEMENT WITH, AND A REPRESENTATION AND WARRANTY THAT YOU SHALL COMPLY WITH, THE TERMS HEREOF WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION.

THESE TERMS OF USE APPLY TO YOU, WHETHER YOU ARE AN INDIVIDUAL OR AN ENTITY ACTING BY OR THROUGH YOU AS ITS AUTHORIZED REPRESENTATIVE, OR WHETHER YOU REPRESENT, ACT OR PURPORT TO REPRESENT OR ACT FOR OR ON BEHALF OF ANOTHER PERSON OR ENTITY, OR YOURSELF ALONE. THESE TERMS OF USE APPLY TO YOU IN WHATEVER CAPACITY IN WHICH YOU USE THIS SITE, INCLUDING BUT NOT LIMITED TO COMPANIES, MEMBERS OR VISITORS. FOR PURPOSES OF THESE TERMS OF USE, AND USE AND INTERACTION WITH THIS SITE, (A) A "COMPANY" IS AN ORGANIZATION OR PERSON WHO USES THE SITE TO ADVERTISE SALES AND PROVIDES ACCESS TO THE SITE AS A SERVICE TO OTHERS; (B) A "MEMBER" IS A PERSON WHO HAS REGISTERED TO INTERACT WITH CERTAIN FEATURES OF THE SITE; (C) A "VISITOR" IS ANY PERSON OR ENTITY WHO VISITS THE SITE FOR ANY REASON WHATSOEVER.

YOU REPRESENT AND WARRANT BY USING THIS SITE THAT YOU ARE AT LEAST 18 YEARS OF AGE, OF SOUND MIND, ARE COMPETENT TO ENTER INTO A LEGALLY BINDING AGREEMENT AND HAVE AUTHORITY TO BIND YOURSELF OR THE PERSON OR ENTITY YOU REPRESENT AND TO BE BOUND HEREBY.

All features on this Site, including but not limited to (a) features which may be accessed without monetary charge, and (b) features, information and services which do require subscription and acceptance as a Company or as a Member by EstateSales.NET, are subject to and shall be strictly governed by these Terms of Use.

At this time, access to this Site and some of its features may be offered free of monetary charge. Because there may be no monetary charge for access to this Site and use of its features, your acceptance of, assent to, and agreement and compliance with, the Terms of Use constitutes consideration for your use and access. Additional consideration is necessary for access or use of the Site or the Services as a Company, but all users are subject to these Terms of Use. EstateSales.NET reserves the right to charge money for access to this Site or any of its content or features in the future.

All applicable provisions of state, federal and local law, equitable principles and regulations are hereby incorporated into these Terms of Use to the same extent as if set forth herein verbatim. The Terms of Use are subject to any and all applicable provisions of state, federal, and local law, equitable principles, regulations, orders, decrees, requests or process of any court, tribunal of competent jurisdiction, or law enforcement authority of or from any jurisdiction, and nothing contained within these Terms of Use shall impair in any way whatsoever EstateSales.NET's right to comply or govern its actions as and to the extent EstateSales.NET deems necessary with respect to any of same. If a court of competent jurisdiction determines that any term, provision, or condition included within the Terms of Use in whole or in part violate or do not comply with any applicable law, principle of equity, or regulation and any term, provision or condition included within the Terms of Use shall be determined by said court to be void, invalid, of no effect, or unenforceable, in whole or in part, for any reason whatsoever, such portion, and any other portion or term, provision or condition affected thereby, shall be construed consistent with applicable law, or be deemed modified solely to the extent necessary, to reflect as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this Site or EstateSales.NET is in conflict with these Terms of Use, these Terms of Use shall take precedence.

EstateSales.NET reserves the right in its absolute discretion to modify, change, add to or delete from these Terms of Use, in whole or in part at any time without notice and any modification, change, addition or deletion shall take effect immediately upon posting or display herein. EstateSales.NET further reserves the right to discontinue or terminate any feature offered, made available or provided and your use or access to this Site at any time. Failure of EstateSales.NET to enforce any term, provision or condition of these Terms of Use, in whole or in part shall not be deemed a waiver of such term, provision or condition, nor the right to enforce such term, provision or condition.

INTELLECTUAL PROPERTY

All content on this Site, including without limitation any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, including, without limitation, the names and designs of EstateSales.NET, and all right therein, is owned exclusively by Vintage Software, LLC, a Missouri limited liability company, 100 S High St, Jackson, Missouri 63755 (hereinafter "EstateSales.NET Marks") or the licensors or suppliers of EstateSales.NET and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Site may be copied, reproduced, duplicated, published, or sold, re-sold, transferred, distributed, or exploited in any form or by any means whatsoever without the prior express written permission of EstateSales.NET or the appropriate licensor or supplier. Without limiting the foregoing, neither this Site nor the Services, nor any content or Services on or available on or through this Site, shall be reproduced, duplicated, copied, sold, re-sold, transferred, distributed, or exploited for any commercial purpose.

DISCLAIMERS

Information, data, news and other information contained in or on, or accessible or made available through, this Site is generated or provided by you or third parties and EstateSales.NET makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness nor completeness of any of the content herein or accessible hereby in whole or in part. Further, any such information, data, news or other information accessible or made available through this Site may contain errors, defects or be unreliable, and EstateSales.NET makes no effort to review, check or verify any news, data, or other information accessible or made available through this Site. EstateSales.NET assumes no responsibility for the accuracy, truthfulness or usefulness of the data, information or other content on this Site or accessible through this Site, and EstateSales.NET shall have no responsibility to correct or update said data, information or content on this Site. You assume full and complete responsibility for checking and verifying any and all data, information, and content, including without limitation its usefulness, truthfulness, accuracy, completeness or currency. You are responsible for checking or verifying the accuracy, completeness, truthfulness, timeliness, usefulness and value to you to whatever extent you deem necessary, in reliance on other advisers, consultants, experts and resources you deem necessary and you shall indemnify and hold EstateSales.NET, its agents, employees, officers, directors, subsidiaries and affiliates harmless from and against any and all liability, loss, damage, claim, cost, expense, including without limitation reasonable attorneys' and accountants' fees and costs caused by, or arising out of or related directly or indirectly to your reliance on any content contained on this Site or accessible or made available through this Site.

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL APPLICATIONS, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN "AS IS," "AS AVAILABLE," BASIS. IN NO EVENT SHALL ESTATESALES.NET BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, MEMBERS, GUESTS OR ANYONE ELSE FOR ANY CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. AS A CONDITION TO USE OR ACCESS TO ANY SUCH INFORMATION, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST ESTATESALES.NET RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM "DAMAGES" AS USED HEREIN INCLUDES WITHOUT LIMITATION ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, CLAIM, FOUNDED OR UNFOUNDED, EXPENSE, FEE OF ANY KIND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS OR ACCOUNTANTS FEES.

ESTATESALES.NET SHALL NOT BE LIABLE FOR ANY DELAY OR NONPERFORMANCE OF THESE TERMS OF USE, OR ANY TERM OR PROVISION HEREOF IN WHOLE OR IN PART, CAUSED BY FORCES OR FACTORS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO WARS, INSURRECTIONS, REBELLIONS, REVOLUTIONS, CIVIL WARS, USURPED POWER, ACTION TAKEN BY GOVERNMENT AUTHORITY IN HINDERING, COMBATING OR DEFENDING AGAINST SUCH OCCURRENCE, OR CONFISCATION BY ORDER OF ANY GOVERNMENT OR PUBLIC AUTHORITY, STRIKES, LOCKOUTS, LABOR DISPUTES OR DISTURBANCES, RIOTS, AUTHORITY OF LAW, ACTS OF GOD, SEVERE WEATHER, COMPUTER HARDWARE OR SOFTWARE PROBLEMS OF ANY KIND OR ANY OTHER CAUSE.

ESTATESALES.NET MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING ANY CONTENT CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION SERVICE, NEWS, DATA, INFORMATION OR CONTENT OF ANY KIND, OF THE USEFULNESS, RELIABILITY, TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS TO YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR WARRANTY OF ANY KIND.

ESTATESALES.NET MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THIS SITE OR ANY CONTENT HEREIN OR AVAILABLE FROM OTHER SITES ACCESSIBLE HEREBY, INCLUDING WITHOUT LIMITATION SOFTWARE OR FILES ACCESSIBLE OR MADE AVAILABLE FOR DOWNLOAD HEREFROM, ARE FREE OF OR FROM TECHNOLOGICALLY UNSTABLE FILES OR CHARACTERISTICS, OR BUGS, VIRUSES, ERRORS, DEFECTS, PROBLEMS, TROJAN HORSES, WORMS, OTHER LIMITATIONS OR OTHER CODES OR DEFECTS THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES OR CHARACTERISTICS OR ADVERSE EFFECTS ON YOUR SOFTWARE OR HARDWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OR RELIANCE UPON THIS SITE OR ANY INFORMATION OR DATA SET FORTH HEREIN.

IF YOU ARE DISSATISFIED WITH THIS SITE, THE SERVICES, OR ANY FEATURE, APPLICATION OR INFORMATION HEREIN OR ACCESSIBLE HEREFROM, OR ANY OF THE TERMS OF USE, PRIVACY POLICY OR OPERATION OF THE SITE OR ANY OF ITS FEATURES, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND ITS FEATURES.

CODE OF CONDUCT

You agree not to use the Services to:

  1. Post, place, communicate, send, transmit, disseminate, distribute, forward, upload, reproduce, publish or republish, directly or indirectly (hereinafter referred to collectively as "Post" or "Transmit") any information or content of any kind whatsoever, including without limitation data, articles, communications, advice, recommendations, reviews, opinions, news, programming, directories, guides, texts, graphics, photographs, illustrations, logos, audio clips, images, messages, statements, comments, language, software, programs, code, technology or any other content of any kind whatsoever in whatever form or medium (all referred to hereinafter collectively as "Content"), that is in any way i) unlawful or violates or could violate any local, state or federal law, rule, regulation, order, or decree, or gives rise to civil liability, or which encourages or advocates any of the above, or ii) that is offensive or violates the rights or sensibilities of other persons or entities, or iii) is otherwise objectionable or unacceptable to EstateSales.NET (all of the above hereinafter referred to as "Prohibited Content"), said Prohibited Content including without limitation Content which is libelous, defamatory, fraudulent, false, misleading, threatening, harassing, abusive, harmful, malicious, rude, hateful, racist, sexist, discriminatory, obscene, pornographic, profane, vulgar, indecent, crude, or objectionable in EstateSales.NET's sole discretion in any way whatsoever;
  2. Use or attempt to use the Company Services to restrict, inhibit or interfere with any other Visitor or Representative using or accessing the Site or the Company Services;
  3. Post or transmit any Content that discloses personal or private information about or concerning, or in any way invades the privacy, publicity or proprietary rights of, any person including without limitation a Company or Visitor of the Site;
  4. Post or transmit any Content that contains or may contain or result in the posting or transmitting of Content that contains or may contain any destructive, disruptive, corrupting, contaminating, or harmful quality, component or feature, including without limitation any virus, worm, cancelbolt, or Trojan Horse;
  5. Post or transmit any content that violates or infringes upon, or may violate or infringe upon, the rights or interests of EstateSales.NET, the Site, Companies, Representatives, Members, Visitors, Users or others, including without limitation posting or transmitting without due authorization copyrighted or otherwise protected text, images, property, programs, trade secrets, confidential or proprietary information, intellectual property, or trademarks or service marks;
  6. Post or transmit any solicitation, request, or petition for any vote, political action, chain letter, pyramid scheme or arrangement, investment opportunity, or sale of security;
  7. Post or transmit any advertising, promotional information, commercial solicitation, "spamming," "flooding," or content that contains advertising, or exploits any content for a commercial purpose, or sell or offer for sale, rent, lease, or any commercial purpose, any Prohibited Content;
  8. Post or Transmit Content which contains any request or opportunity to participate in contests or sweepstakes.
  9. Impersonate or misrepresent in any way your affiliation with any other person or entity, including without limitation EstateSales.NET, any Company, Member, Visitor or user, or any of their representatives or agents.
  10. Represent that any Content Posted or Transmitted by you is endorsed or approved by EstateSales.NET.

USE OF SITE

Companies are responsible for listing all sales on the Site. Sales must include a title, complete address (exceptions include gated community and other areas that prohibit public advertising), date for address to show, all dates and times of sale, descriptions and pictures if applicable. Sales must be listed 48 hours prior to sale start time to be eligible for email service. EstateSales.NET is not responsible for missed emails and cannot send additional emails for Companies missing the deadline. Companies are responsible for checking the mapping feature to make sure Members and Visitors are sent to the correct location. EstateSales.NET does not check addresses and does not guarantee accuracy of mapping services.

  1. Links are allowed in the sale description as long as they are links to a company's web site about the sale. Links to other listing sites are not allowed. EstateSales.NET reserves the right to remove links from a sale's description.
  2. Sale listings are for a maximum four (4) consecutive day duration with the exception of Online Only Auctions which can have a maximum of twenty-one (21) day duration. Sales may only be moved a maximum of thirty (30) days from original listing dates. Sales may be moved for cause, (e.g. house sells, bad weather, etc.). If EstateSales.NET deems a Company is using the site to keep a perpetual sale on the Site for ranking or visibility purposes, EstateSales.NET will issue a warning and remove the sale listing with no refund allowed.
  3. Companies must pay for featured sale status (Locally, Regionally, and Nationally) at time of sale listing for the week(s) chosen. Featured spots are non-transferable (if a sale is moved, the feature status does not follow the move) and is non-refundable. Feature option should be used for those sales that warrant the added exposure.
  4. Sales must have an address in order to be featured. Companies may not feature more than one sale per week in a given area. In addition, sales at the same address may only be featured once every 30 days.
  5. Companies must list sales in the appropriate category (e.g. Estate Sales, Auctions, Moving Sales, Business Liquidations, etc). EstateSales.NET will relocate sales listed out of category and remove all of that Company's sales for repeated misuse. EstateSales.NET reserves the right to remove sales it deems inappropriate for the site.
  6. Listings on Company City pages are ordered randomly by plan (Gold, Silver, Bronze, and Basic), with the exception that Companies showing the name in a city other than their home city will fall below all other Companies in the same plan in which the city is their home city.
  7. Companies must list sales on the site 48 hours before start date and time to be eligible for email notice services. Emails are sent out to Members by default the day before sales are due to start in a given city. Members have options of when they want to receive their emails outside of this default option.
  8. Companies must list sales within 200 miles of their business zip code.
  9. Pictures must be of actual items for sale (no stock photos).
  10. Pictures may be removed by EstateSales.NET if they are deemed inappropriate or too controversial for the web site (pictures with nudity, etc)
  11. All email addresses uploaded by a Company will be emailed to verify the existence of the email address and given the option to sign up for the full EstateSales.NET notification service.
  12. Company Names. Upon request Companies must supply via fax to EstateSales.NET (1.888.653.8468) a copy of the legally registered Company name (e.g. Business License, Certificate of Incorporation, Certificate of Organization, or Registration of Fictitious name with the Secretary of State's office). Company names used on EstateSales.NET must be the same name the Company uses in all its other advertising including but not limited to Yellow Pages, Newsprint advertising and Internet. If the Company's name in other advertising sources is not consistent with the one presented for use on the Site, EstateSales.NET reserves the right, at our option, to change the Company's name on the Site to be consistent or to suspend the Company's use of the Site until it complies.
  13. EstateSales.NET reserves the right, in its sole discretion, to remove all or part of a company's advertising on any or all of the EstateSales.NET Sites. Reasons for removal include, but are not limited to, the following: non-payment of clients, prior owner convictions related to stealing or mishandling money, or account/billing issues.

TYPES OF SALES ON SITE

EstateSales.NET reserves the right to remove a sale or prevent a sale from being listed if we deem it to not be a good fit for the site. The following types of sales are the types of sales that SHOULD be listed on the site:

  1. An estate or tag sale held inside a private home
  2. An estate or tag sale that has been moved to an offsite location because the sale CANNOT be held at the estate location (gated community, etc) (sale cannot be listed multiple times for the same estate contents)
  3. An auction held for an estate AT the estate location
  4. An auction held at a common location that contains different items from the previous auction (at least 80% of the items are different)
  5. An online only sale or auction for the purpose of liquidating an estate IF physical preview and local pickup are available for most items
  6. A moving/downsizing/divorce sale held inside a private home (we consider this to just be a small estate sale usually where not all of the items are for sale)
  7. A business liquidation sale held inside a business that is closing within the next 15 days
  8. Sales held outdoors are permissible if it is a traditional estate sale
  9. Collection sales of a single item type are allowed as long as they are from one estate and contain more than 25 items (ex: an art collection)
  10. Large Charity Events
  11. Buyouts / Cleanouts
  12. Demolition Sales (majority of items in house / facility are being removed)

The following are some types of sales that SHOULD NOT be listed on the site:

  1. Garage sales or yard sales
  2. Flea Market Sales
  3. Sales that have been listed before and have many of the same items that were listed previously
  4. Antique mall, second-hand, consignment, and other store types of sales
  5. Dealer Sales
  6. Sales containing fewer than 25 items
  7. Single item type sales that are not from one estate (car auctions, boat auctions, etc)
  8. No "place holder" sales (sales must have an address and basic information specifically about the sale contents in order to be posted)

SUPPORT

Please contact us via email for support at support@EstateSales.NET. If you need immediate attention or help, you may call us at 888.653.8468. This phone line is open between 7am and 11pm Central Time. If all support personnel are otherwise engaged, please leave a message and we will usually return calls in the order received. Please do not call personal numbers (home or cell).

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to EstateSales.NET that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

MEMBER ACCOUNT, PASSWORD AND SECURITY

To interact with certain features of the Site, you may choose to or may be required to register. In this event, you will receive a password and account designation upon completing the Service's registration process. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EstateSales.NET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EstateSales.NET has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EstateSales.NET of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EstateSales.NET cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions hereinabove.

FINANCIAL TRANSACTIONS

Company and/or Member agrees to have its fee charged to its credit card account on the billing date set forth when signing up or updating account information. Any additional listing or service fees will also be charged to its credit card account at time of use. Fees are non-refundable once a service is listed on the Site. Fees for services such as Featured Sales are non-refundable and non-transferable from week originally chosen.

TERMINATION/ACCESS RESTRICTION

EstateSales.NET reserves the right, in its sole discretion, to terminate your access to any or all EstateSales.NET Sites and the related services or any portion thereof at any time, without notice. You must give written notice via email to support@estatesales.net for termination of account and cancellation of monthly fee charges to your credit card. No refunds will be granted for charges incurred for non-termination notice to EstateSales.NET.

LINKS

This Site may contain links to other Internet sites, and without limiting the above, EstateSales.NET does not endorse, vouch for or approve such sites or the content contained therein and is not responsible or liable for said content. You link to other sites at your own risk.

JURISDICTION; GOVERNING LAW

This Site is owned and controlled by EstateSales.NET from its offices in the State of Missouri. It can be accessed on the Internet from all 50 states, as well as other countries around the world. As each of these places and jurisdictions has laws that may differ from those of Missouri, by accessing this Site, both you and EstateSales.NET agree that these Terms of Use shall be deemed and treated as though they were entered into, executed, and performed solely in Cape Girardeau County Missouri, and the statutes and laws of the State of Missouri, without regard for conflict of law rules thereof, apply to all matters relating to use of this Site and shall without limitation govern these Terms of Use. You agree that by use of this Site you do hereby submit to jurisdiction of the courts of Missouri with appropriate subject matter jurisdiction and that any conflict brought or filed with respect to use of this Site or concerning the Terms of Use shall be brought in a court of competent jurisdiction in Cape Girardeau County, Missouri. In any legal action relating to enforcement or breach of these Terms of Use, EstateSales.NET, if successful in the action, shall be entitled to recovery of costs, fees and expenses of such action, including without limitation reasonable attorney fees and accounting fees. A printed copy of these Terms of Use or part thereof as modified in accordance with the terms hereof from time to time shall be deemed admissible in any court of law or administrative proceeding and shall be deemed the original and the best evidence of the intentions of the parties with respect to use of this Site.

MISCELLANEOUS

These Terms of Use shall be interpreted according to their fair meaning and shall not be interpreted strictly against or for either party. These Terms of Use constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between EstateSales.NET and the user of this Site. Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition. You may not transfer any rights or obligations you may have under these Terms of Use without the prior written consent of EstateSales.NET. EstateSales.NET reserves the right to transfer these Terms of Use or any right or obligation under these Terms of Use without your consent. Use of the plural herein shall include the singular and use of the singular shall include the plural.

To the fullest extent permitted by applicable law, these Terms of Use and any other agreements, notices or other communications regarding your use of the Services ("Communications"), may be provided to you electronically and you agree to receive all Communications from EstateSales.NET in electronic form. Communications may be posted on the pages within the Site and/or delivered to your email address. You may print a copy of any Communication and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. EstateSales.NET reserves the right but assumes no obligation to provide Communications in paper format. Your continued use of the Services is your consent to receive Communications electronically. If you revoke your consent to receive Communications electronically, EstateSales.NET will terminate your right to use the Services.

CONTACTING THE WEB SITE

If you have any questions about the Terms of Use, the practices of this Site, or your dealings with this Site, you may contact: support@estatesales.net

The Privacy Policy is part of this Agreement and agreement to these Terms includes agreement with the Privacy Policy.