Terms of Use

Valid as of February 9, 2018

  1. By visiting or using McCurdyAuction.com or any of its affiliates or related apps (the "Website"), the user understand and agree to be legally bound by these terms of use (the "Terms of Use"). These Terms of Use include the McCurdy Auction, LLC ("McCurdy") Privacy Policy, available here, and which is incorporated into these Terms of Use by reference. Please read and review both the Terms of Use and the Privacy Policy before using the Website.
  2. These Terms of Use are subject to amendment or revision from time to time. Any amendments or revisions will be published on the Website. It is the responsibility of the user to check the Website periodically for amendments or revisions. Amendments or revisions to the Terms of Use will take effect immediately upon publication on the Website. Should the user disagree with any amendment or revision of the Terms of Use, the users sole remedy is to cease using the Website. Continued use of the Website constitutes agreement to the amended or revised Terms of Use.
  3. The user agrees not to do any of the following:
    1. use or access the Website for any fraudulent or unlawful purpose;
    2. use or access the Website to impersonate any person or entity;
    3. interfere with or disrupt the operation of the Website or access to it;
    4. transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;
    5. restrict or inhibit the ability of any other person to access or use the Website;
    6. modify, copy, adapt, display, reproduce, publish, license, create derivative works from, frame in another web page, or translate any portion of the Website;
    7. remove, obscure, or modify any copyright, trade mark, or other proprietary rights notice from the Website; or
    8. transfer or sell any information, software, lists of users, databases, or other lists, products, or services provided through or obtained from the Website, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
  4. Material published on the Website, including descriptions, photos, maps, graphics, audio and video clips, trademarks, service marks, and other content (collectively, "Content"), is copyrighted by McCurdy, or by other information providers who have licensed their content for use on the Website. Additionally, the entire Content of the Website is protected by copyright as a collective work owned by McCurdy. User may not reproduce, republish, or redistribute Content or any portions thereof, including, without limitation, Content provided by licensors, without the written consent of the copyright owner.
  5. Subject to these Terms of Service, McCurdy grants the user permission to access the Website and view the Content solely for the user's personal, non-commercial use.
  6. Access to some or all of the content, services, and features on the Website may require users to register and create an account with McCurdy. Registered users accept responsibility for all activities that occur under the registered user's account whether or not the user expressly authorizes such activities. The user is responsible for maintaining the confidentiality of the user's password and for restricting access to the user's computer so others may not access the Website using the user's username or account in whole or in part. McCurdy may terminate the account and deny access to the Website to any person for any reason in McCurdy's sole discretion. Such termination or denial of access is in addition to any remedies available to McCurdy in law and equity.
  7. The Website may occasionally include links to third party websites. These links are provided for the convenience of the user only and do not signify that McCurdy endorses such third party websites. McCurdy does not review such third party websites and user acknowledges and agrees that:
    1. McCurdy is not responsible for third party websites, including the terms on which such websites are made available and the privacy policies of such websites, and do not control the website's content or availability;
    2. McCurdy makes no representation, warranty, or condition, either express or implied, in relation to any goods or services or information received from third party websites; and
    3. The user access such website entirely at user's own risk.
  8. McCurdy respects the copyrights of others. In accordance with the Digital Millennium Copyright Act ("DMCA"), McCurdy will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent: Ty A. Patton, General Counsel, McCurdy Auction, LLC, 316.867.3600, 12041 E. 13th St. N., Wichita, KS 67206. If a copyright owner believe that McCurdy has infringed on the owner's copyright, please notify our Designated Copyright Agent and provide the following information (failure to comply with all of the below requirements may result in the DMCA notice being deemed invalid):
    1. An identification of the copyrighted work that the copyright owner claims has 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;
    2. An identification of the material on the Website that the copyright owner claims is infringing or is subject to infringing activity that is to be removed or access to which is to be disabled, with enough detail (including without limitation the URL of the material) to allow McCurdy to locate the material on the Website;
    3. The name, address, telephone number, and e-mail address of the copyright owner;
    4. A statement by the copyright owner that the owner has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
    5. A statement by the copyright owner that the above information in the DMCA notice is accurate, made under penalty of perjury, and that the individual or entity making the DMCA notice is authorized to act on behalf of the owner of an exclusive copyright interest involved; and
    6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  9. In no event will McCurdy be liable to user for any damages, including incidental or consequential damages, arising out of or related to the use of, or the inability to use, the Website or related to any information or services provided to user on or through the Website.
  10. User agrees to waive, release, indemnify, and hold harmless McCurdy against any and all losses, claims, damages, liabilities, or expenses, including costs of investigation, attorneys' fees, and disbursements, which may be incurred by McCurdy relative to user's use of or access to the Website or user's violation of these Terms of Service.
  11. McCurdy may terminate these Terms of Use, user's account, or user's access to the Website at any time with or without notice to user.
  12. Neither party will be liable for any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
  13. These Terms of Service are void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
  14. Questions and comments about the content of the Website may be sent by e-mail. McCurdy tries to read all comments and tries to respond to as many as possible. Technical questions regarding a user's software, configuration, or internet or network connection should be directed to the user's internet access provider.
  15. A failure by McCurdy to insist upon the strict performance of any covenant, duty, agreement, or condition in these Terms of Use or to exercise any right or remedy consequent upon a breach thereof will not constitute a waiver of any such breach or any other covenant, duty, agreement, or condition. A waiver upon one or more occasion will not constitute a bar or a waiver of any right or remedy on any future occasion.
  16. These Terms of Use constitute the entire agreement between the parties and supersedes any previously executed contracts and representations, verbal or written.
  17. In the event that any provision contained in these Terms of Use is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions of the Terms of Use will not be in any way impaired.
  18. These Terms of Use are to be governed by and construed in accordance with the laws of Kansas, but without regard to Kansas's rules governing conflict of laws. Exclusive venue for all disputes lies in either the Sedgwick County, Kansas District Court or the United States District Court in Wichita, Kansas. User submits to and accepts the jurisdiction of such courts.

Version (02/18)