Important! These terms of use govern your use of this site, which is provided by TuffWerx, LLC (“TuffWerx”) and located on the internet at www.tuffwerx.com (the “Site”).
By browsing and/or using the Site, you are stating that you understand and agree to be bound by the terms and conditions of use contained in this user agreement (the “Agreement”). The Agreement is subject to change by TuffWerx at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult the Agreement regularly.
If you do not agree to abide by this Agreement, please do not enter, browse, or use the Site.
SERVICES
This Site is designed to provide you with TuffWerx’s online auction management applications and advanced inventory hosting solutions. You agree to (a) provide true, accurate, current and complete information as prompted by the various forms you may access on this Site and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. If any information provided by you is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your use of the Site. If we have reason to believe that you have used an identity other than your own, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration.
TuffWerx will treat all information that you submit through this Site in accord with its Privacy Policy.
FEES
Your right to use this Site is conditioned on your timely payment of all applicable fees. We reserve the right at any time to charge fees for access to Site content or services, or to portions of the existing Site content or services, or the Site as a whole. In no event will you be charged for access to any Site content or service, or to the Site as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to the paid content or service.
SITE RULES
You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without the express prior written consent of TuffWerx. For example, you may not (and may not authorize any other party to) co-brand this site or frame this site without the express prior written permission of an authorized representative of TuffWerx. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TuffWerx or its affiliates without our express prior written consent. You agree to cooperate with TuffWerx in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
While using the Site, you agree NOT to:
- Upload, store, post, email, disseminate, or otherwise transmit any: (a) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, racist, bigoted or otherwise objectionable, (b) material that you do not have a right to transmit under any law or under contractual or fiduciary relationships, (c) material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, (d) advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted by TuffWerx in advance in writing, or (e) material that contains software viruses, worms, trojan horses, time bombs, canelbots, or any other malicious or invasive computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Promote any other personal, public or commercial entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Try to gain access to areas that are private to TuffWerx or to other TuffWerx users and/or members;
- Violate our policies or any applicable local, state, national, or international law or any regulation having the force of law;
- Stalk or otherwise harass another;
- Harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off the Site);
- Collect or harvest screen names;
- Collect or store personal data about other users of the Site; or solicit or attempt to discover a user’s password, screen name, or other registration information without the user’s express knowledge and consent;
- Promote or provide instructions of information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act; or store any information or use any web page or directory you create for remote loading or as a door or signpost to another web page, whether inside or outside the Site;
- Engage in any other activity deemed by TuffWerx to be in conflict with the spirit or intent of this Site;
- Use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
- Fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
- Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
- Manipulate the price of any item or interfere with other user’s listings; or
- Circumvent or manipulate our fee structure, the billing process, or fees owed to TuffWerx.
Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of TuffWerx and its users and the public.
PROPRIETARY RIGHTS
You acknowledge that the Site contains information, data, software, photographs, graphs, typefaces, graphics, and other materials (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted under the U.S. copyright laws, and TuffWerx owns, among other things, a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
TRADEMARKS
TuffWerx and other marks indicated on the Site are registered trademarks of TuffWerx. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks, trade dress, or otherwise the protected intellectual property of TuffWerx. TuffWerx’s trademarks and trade dress may not be used in connection with any product or service that is not the property of TuffWerx in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TuffWerx. All other trademarks and company names and logos not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TuffWerx.
To obtain more information, please contact:
Customer Service Department
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this site in a way that may constitute copyright infringement, you may provide notice of your claim to TuffWerx’s designated agent listed below. For your notice to be effective, it must include the following information: (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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider 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; (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, its 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. If a third party has wrongly filed a copyright infringement notice with TuffWerx against you, and your access to the allegedly infringing material has been disabled, you have the right to provide TuffWerx’s designated agent with a counter notification. That notification must include the following information: (1) Physical or electronic signature of the subscriber; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4) The subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States of America, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
CONTENT LICENSE
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
HYPER-LINKS
This Site may be hyper-linked to other sites that are not maintained by, or related to, TuffWerx. Hyper-links to such sites are provided as a convenience and service to our users and are not sponsored by or affiliated with this Site or TuffWerx. TuffWerx has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at your own risk, and TuffWerx makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by TuffWerx of that site.
DISCLAIMER AND LIMITATION OF LIABILITY
You expressly agree that use of this Site and service is at your sole risk. Neither TuffWerx nor its affiliates or subsidiaries, nor any of its officers, directors, or employees, agents, third-party content providers, third-party service providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that web sites affiliated with TuffWerx, including but not limited to the Site, will be uninterrupted, error-free, virus free or free of other defects. The information, products and services published on this Site may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of TuffWerx’s web sites or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through TuffWerx’s web sites. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and TuffWerx does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. THIS SITE IS PROVIDED BY TUFFWERX ON AN “AS IS” AND “AS AVAILABLE” BASIS. TUFFWERX AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TUFFWERX AND THE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TUFFWERX AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TUFFWERX OR ITS PROVIDERS SHALL CREATE A WARRANTY OF ANY KIND; NOR SHALL ANY USER RELY ON ANY SUCH INFORMATION OR ADVICE. THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTHWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TUFFWERX’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT TUFFWERX AND/OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE AND ALL OTHER WEBSITES AFFILIATED WITH TUFFWERX. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Notwithstanding any other provision in this Agreement to the contrary, if TuffWerx is found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to TuffWerx in the 2 months prior to the action giving rise to the liability and (b) $100.
INDEMNITY
You will indemnify and hold TuffWerx, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any loss, damages, claims, judgments, awards, costs, expenses, and attorneys’ fees (the “Claims”) arising in any way in connection with any breach of this Agreement or use of the Site, whether authorized or not, by you, including any use of Content. You agree that the Indemnified Parties will have no liability in connection with any such breach or use of the Site, whether authorized or not. You will also indemnify and hold the Indemnified Parties harmless from and against any Claims brought by third parties arising out of your use of the information accessed from the Site or any other activities in relation to the Site.
RELEASE
If you have a dispute with one or more users, you release TuffWerx (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
SECURITY
TuffWerx takes precautions to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line.
If one of our web forms asks users to enter sensitive information such as a credit card number, that information is encrypted and is protected with SSL encryption software. This is the same encryption standard used by major governmental and financial institutions. SSL codes information before it travels over the internet and renders it unreadable to anyone intercepting the information. SSL is an encryption standard supported by Internet Explorer 3.0 or higher and Netscape Navigator 3.0 or higher.
While we use SSL encryption to protect sensitive information online, we also take precautions to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only TuffWerx employees who need the information to perform a specific job (for example, our billing clerks or customer service representatives) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure that our customers’ information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure, protected data hosting environment.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, TuffWerx reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. TuffWerx reserves the right to investigate suspected violations of this Agreement.
TuffWerx reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing TuffWerx to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TUFFWERX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TUFFWERX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TUFFWERX OR LAW ENFORCEMENT AUTHORITIES.
If you have any questions about the security at our website, you can send an email to support@tuffwerx.com.
TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by discontinuing the use of our Site, then sending an email terminating your agreement with us to sales@tuffwerx.com and destroying all materials obtained from our Site and all copies thereof, whether made under this Agreement or otherwise. YOUR ACCESS TO OUR SITE MAY BE TERMINATED IMMEDIATELY WITHOUT NOTICE FROM TUFFWERX. IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY TERM, CONDITION, OR PROVISION OF THIS AGREEMENT, OR IF TUFFWERX BELIEVES, IN ITS SOLE DISCRETION, THAT YOUR USE IS IN VIOLATION OF ANY APPLICABLE LAW, INHIBITS OR RESTRICTS THE ABILITY OF OTHER USERS TO USE OR ENJOY OUR SITE, OR OTHERWISE CONSTITUTES AN UNACCEPTABLE USE OF OUR SITE. Upon termination, you must cease use of our Site and destroy all materials obtained from our Site and all copies thereof, whether made under this Agreement or otherwise.
RIGHT TO MONITOR
TuffWerx reserves the right to monitor all network traffic to our Site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to our Site in any fashion. Anyone using our Site expressly consents to such monitoring by using our Site.
APPLICABLE LAW
By visiting our Site, even if accessed from a location outside the United States of America, you agree that the laws of the State of Texas, without regard to conflict of law principles, will govern this Agreement, our Privacy Policy, and any dispute of any sort that might arise between you and TuffWerx and its officers, directors, partners, affiliates, subsidiaries, employees, agents, or suppliers. By using our Site, you agree to submit to the exclusive jurisdiction of and venue in the state and federal courts located in the city of Austin, State of Texas, United States of America, for all disputes and issues regarding your use of our Site, our Privacy Policy and your compliance with this Agreement.
INTERNATIONAL USERS
This Site can be accessed from locations around the world. TuffWerx makes no representations that this Site or the Content available through it is appropriate for use at other locations outside the United States of America. Access to this Site from locations where our Site or any of its Contents are illegal or where the jurisdiction does not give effect to all provisions of this Agreement and our Privacy Policy is prohibited. If you access our Site from a location outside the United States of America, you do so at your own risk and you are responsible for compliance with all local and/or international laws.
CHILDREN
TuffWerx does not solicit information from minors or children under the age of 18. No children under the age of 18 are allowed to use our Site or any features of our Site. There are no computer applications on our Site to determine the age of a visitor; thus, all information volunteered on our site will be treated the same as information given by an adult if we do not have actual notice that it has been provided by a child under 18.
NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
NON-TRANSFERABILITY
Your right to use our Site is NOT transferable.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
HEADINGS
The headings in this Agreement are included solely for convenience and will not limit or otherwise affect this Agreement or any interpretation thereof.
DATE LAST MODIFIED: NOVEMBER 15, 2013