We provide Tommy Wagner Auctions Web Site, Mobile Web Site and Tommy Wagner Auctions applications for mobile and tablet devices (the “Digital Platform”) in order to provide you with information about auctions and other events and services taking place at or available through Tommy Wagner Auctions’ locations.
The following terms and conditions (the “Terms and Conditions”) govern your use of the Digital Platform on which they are posted. Your use of certain areas or features of the Digital Platform may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your use of AuctionFlex also shall be governed by the Terms & Conditions for Live Online Bidding via AuctionFlex. The Digital Platform is owned and operated by Tommy Wagner Auctions (“Tommy Wagner Auctions” or “we” or “us” or “our” or other similar pronouns). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Digital Platform. BY ACCESSING, USING, BROWSING, OR BUYING ON THE DIGITAL PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Digital Platform.
- Proprietary Rights. As between you and Tommy Wagner Auctions, Tommy Wagner Auctions owns, solely and exclusively, all rights, title and interest in and to the Digital Platform, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organisation of the Digital Platform, and the compilation of the content, code, data and materials on the Digital Platform, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Digital Platform does not grant to you ownership of any content, software, code, data, or materials you may access on the Digital Platform.
- Limited License. We offer the Digital Platform and its services only to those who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to buy catalogues or perform other transactions on the Digital Platform. You agree to comply with all applicable law, statutes and regulations regarding use of the Digital Platform. You may access and view the content on the Digital Platform on your computer or other Internet compatible device, including mobile devices and tablets, and make single copies or prints of the content on the Digital Platform for your internal use only. The Digital Platform and the services offered on or through the Digital Platform, including any content, software, code, data and materials thereon, are only for your own internal use. The Digital Platform is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Digital Platform. Any person who provides their personal information through the Digital Platform represents to us that they are 13 years of age or older.
- Prohibited Use. Any commercial distribution, publishing or exploitation of the Digital Platform, or any content, software, code, data or materials on the Digital Platform, is strictly prohibited unless you have received the express prior written permission of Tommy Wagner Auctions or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Digital Platform. If you make other use of the Digital Platform, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. Tommy Wagner Auctions will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Digital Platform or on content available through the Digital Platform are registered and unregistered Trademarks of ours and others (including, without limitation, Tommy Wagner Auctions and affiliates of Tommy Wagner Auctions) and may not be used unless authorised by the trademark owner. All Trademarks not owned by us that appear on the Digital Platform or on or through the Digital Platform’s services, if any, are the property of their respective owners. Nothing contained on the Digital Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Digital Platform without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Digital Platform is strictly prohibited. Tommy Wagner Auctions will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Prohibited User Conduct. You warrant and agree that, while using the Digital Platform and the various services and features offered on or through the Digital Platform, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Digital Platform’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorised access to other computer systems through the Digital Platform; (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Digital Platform or the services offered on or through the Digital Platform, including without limitation any information residing on any server or database connected to the Digital Platform or the services offered on or through the Digital Platform; (e) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; (f) use the Digital Platform or the services made available on or through the Digital Platform in any manner with the intent to interrupt, damage, disable, overburden, or impair the Digital Platform or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the Digital Platform or the Digital Platform’s services or features in violation of Tommy Wagner Auctions or any third party’s intellectual property or other proprietary or legal rights; or (h) use the Digital Platform or the Digital Platform’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Digital Platform or the Digital Platform’s services, or any content thereof, or make unauthorised use thereof. You agree that you will not use the Digital Platform in any manner that could damage, disable, overburden, or impair the Digital Platform or interfere with any other party’s use and enjoyment of the Digital Platform. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Digital Platform.
- Right to Monitor and Editorial Control. Tommy Wagner Auctions reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Digital Platform or through the Digital Platform’s services or features by users, and Tommy Wagner Auctions is not responsible for any such information and materials posted by users. However, Tommy Wagner Auctions reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Tommy Wagner Auctions sole discretion are objectionable or in violation of these Terms and Conditions, Tommy Wagner Auctions policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
- Linking to the Digital Platform. You agree that if you include a link from any other web site to the Digital Platform, such link shall: (i) not contain any logos, but rather should merely read “Tommy Wagner Auctions” in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platform. You are not permitted to link directly to any image hosted on the Digital Platform or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Digital Platform only with proper credit to Tommy Wagner Auctions, and you may not alter the videos in any way. You agree not to download or use images hosted on this Digital Platform on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Digital Platform in any manner such that the Digital Platform, or any page of the Digital Platform, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platform be discontinued, and to revoke your right to link to the Digital Platform from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: Tommy Wagner Auctions, 4312 Old Virginia St, Roanoke, Virginia 24019, Attention: Website Management.
- Indemnification. You agree to defend, indemnify on demand and keep Tommy Wagner Auctions indemnified, and hold Tommy Wagner Auctions and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Digital Platform or the services thereon, your placement or transmission of any message, content, information, software or other materials through the Digital Platform, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. Tommy Wagner Auctions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Tommy Wagner Auctions defense of such claim.
- Orders for Products and Services. We may make certain products available for purchase through the Digital Platform to visitors and registrants of the Digital Platform, including, for example, our auction catalogue. You may only order products if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Tommy Wagner Auctions. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Digital Platform may be subject to additional terms and conditions presented to you at the time of such purchase or download. For the avoidance of doubt, purchases of auction items are not made via the Digital Platform and are not subject to this Section 11. Purchases of auction items are subject to the terms and conditions set forth in the applicable Conditions of Sale/Conditions of Business and Terms of Guarantee/Authenticity Guarantee that govern each auction as presented separately in connection with such auction.
- Third Party Web Sites. You may be able to link from the Digital Platform to third party web sites and third party web sites may link to the Digital Platform (“Linked Sites”). Examples of Linked Sites include auctionzip.com, estatesales.net, auctionflex.com, hibid.com, nichollsauction.com. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
- Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Digital Platform do the same.
- DISCLAIMER OF WARRANTIES. THE DIGITAL PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE DIGITAL PLATFORM OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE DIGITAL PLATFORM WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE DIGITAL PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Tommy Wagner Auctions ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE DIGITAL PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE DIGITAL PLATFORM. IF YOU ARE DISSATISFIED WITH THE DIGITAL PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE DIGITAL PLATFORM.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE DIGITAL PLATFORM IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORM AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE DIGITAL PLATFORM, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORM.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, Tommy Wagner Auctions AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORM, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE DIGITAL PLATFORM OR IN CORRESPONDENCE WITH Tommy Wagner Auctions OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORM ARE PROVIDED BY Tommy Wagner Auctions “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Tommy Wagner Auctions OR ITS LICENSOR OR SUPPLIER.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL Tommy Wagner Auctions, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE DIGITAL PLATFORM OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORM, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORM. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE DIGITAL PLATFORM EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO Tommy Wagner Auctions FOR YOUR USE OF THE DIGITAL PLATFORM OR PURCHASE OF PRODUCTS VIA THE DIGITAL PLATFORM (NOT INCLUDING AUCTION ITEM PURCHASES).
- Local Standards. We do not represent that materials on the Digital Platform are appropriate for use in all locations. Persons who choose to access the Digital Platform do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Termination. Tommy Wagner Auctions may terminate, change, suspend, add to or discontinue any aspect of the Digital Platform or the Digital Platform’s services at any time, in our sole discretion, and without liability to any user. Tommy Wagner Auctions may restrict, suspend or terminate your use of or access to the Digital Platform and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Digital Platform or services). Tommy Wagner Auctions maintains a policy that provides for the termination in appropriate circumstances of the Digital Platform use privileges of users who are repeat infringers of intellectual property rights.
- Changes to Terms and Conditions and Digital Platform. Tommy Wagner Auctions reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this Digital Platform. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Digital Platform and/or the services offered on or through the Digital Platform after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
- Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the Commonwealth of Virginia,County of Hanover. You agree to submit to the personal and exclusive jurisdiction of the courts located within Hanover County in the Commonwealth of Virginia. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by Tommy Wagner Auctions must be made in writing and signed by an authorised representative of Tommy Wagner Auctions specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Tommy Wagner Auctions successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.
- Further Inquiries. You may direct questions about these Terms and Conditions, or other issues, to:
Tommy Wagner Auctions
4312 Old Virginia St
Roanoke, Virginia 24019
Last Modified: May 2, 2018