Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to Promo LLC Designated Agent. For more information, contact:
Promo LLC 1309 Coffeen Avenue STE 1200 Sheridan 82801 Wyoming USA 888-488-8084 All other brands, product names or trademarks referenced are the property of their respective owners. Copyright© Promo LLC 2021 All rights reserved.
Overview of Promo LLC’s Services
Promo LLC provides online event services in a variety of capacities. For auction-style events, Buyers who AWUA I V1.02 09-20223
cannot be physically present at an event site have an opportunity to participate in the live event through real-time webcast online bidding (live bidding). Buyers who are unable to personally monitor the live event webcast can participate in the event by entering an absentee bid (pre-bidding).
Promo LLC also provides timed online event services.
All events are operated by independent Sellers. Sellers are solely responsible for running each event and regulating each sale. While this Agreement contains a set of default terms governing the relationship between a Buyer and Seller, each Seller has the discretion to alter those terms for their event and may impose Special Terms of Sale for participation Sellers have the ultimate discretion over approving or rejecting Buyers for each event. Creating an account as a Buyer with Promo LLC does not automatically guarantee that a Buyer will be approved for any of the events hosted by Promo LLC. Many Sellers have their websites and their Special Terms of Sale which modify and/or supplement the Default Event Terms set forth may or may not contain the same level of protection as the terms of this Agreement. Before participating in an event, a Buyer must review and accept the Special Terms of Sale governing the event, if any. A Seller shall not make any material changes to the Special Terms of Sale governing an open event unless the Seller has provided written notice to all Buyers participating in the event. Any participating Buyer who does not receive such notice shall have the right to retract the Buyer’s bid. Because the internet occasionally experiences disruptions, Promo LLC cannot guarantee the Promo LLC
Services will be available 100 percent of the time. Although Promo LLC strives to provide the most reliable services possible, interruptions and delays in service are unavoidable and Promo LLC disclaims any liability for damages resulting from such disruptions. Thus, you use this website at your own risk.
IMPORTANT: Promo LLC reserves the right to not conduct business with any individual Seller or Buyer or groups of Sellers or Buyers at any time for any reason, and to cancel any scheduled event at any time and for any reason. Promo LLC may terminate or deny access to this website at any time at our sole and absolute discretion.
Promo LLC will not be liable for any direct, indirect, or consequential damages that result from such actions.
Default Event Terms
Unless and except as expressly set forth in any Special Terms of Sale, Buyers and Sellers agree to the
following Default Event Terms:
- Seller agrees that all goods and property sold "AS IS" (attempting to disclaim implied warranties) shall include a clear and conspicuous description of any known defect(s) of the product (for example: "Broken," "missing parts," "for parts only").
- Buyers are encouraged to bid or make an offer to purchase an item only after they are completely. satisfied as to origin, authenticity, and condition. Questions regarding any item being sold should be directed to the event staff at least 48 hours prior to the event.
- For auction-style events, the Seller is allowing the Buyer to participate in the event through Internet. pre-bidding and live bidding. The Buyer acknowledges and understands that such services may or may not. function correctly the day of the event. Under no circumstances shall the Buyer have any kind of claim against the Seller or anyone else if the Internet service fails to work correctly before or during the live event.
- The Seller will not be responsible for any missed bids from any source. Buyers, who desire to increase the chance that their bid is acknowledged during a live event, should use the pre-bidding feature.
- The Seller will not be responsible for any missed bids from any source. Buyers, who desire to increase the chance that their bid is acknowledged during a live event, should use the pre-bidding feature.
- For an auction-style event if the Seller determines that any opening bid is not commensurate with the value of the article offered, the Seller may reject that opening bid and withdraw the article from sale. and, if having acknowledged an opening bid, the Seller decides that any advance thereafter is not of enough, the Seller may reject the advance.
- Due to the complexity of modern electronics and digital photography, it is often impossible to get. an exact and consistent reproduction of color. Therefore, the only flawless manner to assess the color. saturation and detail of any graphic is by personally viewing the subject. The Seller will not be responsible. for any variation between the catalog image and the actual piece.
- The Seller may postpone or cancel the event, withdraw any property from the event, or change any terms of the event or conditions of sale prior to the event.
- All announcements made on the day of the event supersede all printed material.
- Certain items in the sale are being offered subject to a reserve, which is the confidential minimum.
- Price below which such lot will not be sold.
- Items may be offered with a minimum bid, in which case, the Seller agrees to sell the item to the Buyer who bids at or above the minimum bid price. AWUA I V1.02 09-20223
- The Buyer's premium is set by the Seller and will be added to the high bid to determine the total. purchase price paid by the Buyer.
- If Escrow Services are not utilized, once a Buyer has won the bid, ownership of the item. immediately passes to the Buyer who thereupon (a) assumes full risk and responsibility, therefore, and (b) shall pay the full purchase price therefore or such part as Seller may require. The item(s) becomes the full and sole responsibility of the Buyer at this point, and the Buyer assumes all risk of loss and damage. The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes.
- If Escrow Services are selected by the Seller, the Seller shall be responsible for payment of the Escrow Fee. If the Buyer and Seller do not opt for a period whereby the goods are inspected before the release of the escrowed funds, the escrowed funds shall be released to the Seller's account once the escrow account is fully funded.
- Delivery of the purchased items is the responsibility of the Buyer unless shipping is offered by the Seller.
- Items sold must be picked up or shipping arranged within a reasonable amount of time or the Buyer. may be subject to removal and storage fees.
- The value of an item purchased at the event is unrelated to the cost of shipping/ packing. A Buyer who is a reseller of items should take this into consideration and be aware of shipping charges before bidding.
- Buyer must submit payment to Seller for all purchased items within thirty (30) days following receipt of an invoice. Such payment is subject to the terms of the invoice.
- If, within a reasonable amount of time, Buyer gives notice in writing to Seller that the lot so sold is a counterfeit and after such notice, the Buyer returns the lot to Seller in the same condition as when sold and establishes to the satisfaction of Seller that the returned lot is, in fact, a counterfeit, Seller as agent for the Consignor will rescind the sale and refund the purchase price.
- These Default Event Terms shall constitute a legally binding contract between Buyer and Seller, which contract shall be construed and enforced in accordance with the laws of the state in which the Seller is located, without giving effect to the conflicts of laws principles of such state. In the event of any conflict or inconsistency between these Default Event Terms and any Special Terms of Sale, the Special Terms of Sale shall prevail and govern.
- Each Seller acknowledges and agrees that PROMO LLC makes no guarantee or representation concerning the enforceability or merit of these Default Event Terms and that these Default Event Terms may not be enforceable or otherwise suitable for use in each state and for each Seller and event. Sellers are strongly encouraged to engage an attorney licensed in Seller's state to represent Seller and modify the Default.
- Event Terms for Seller's needs and specific state law.
- User acknowledges and agrees that PROMO LLC has no responsibility or obligation to police or enforce. compliance by Buyers or Sellers with the Default Event Terms or Special Terms of Sale.
Prohibited Uses of This Website
When using this website, you must obey all applicable federal, state, and local laws. Any use of this website that violates any applicable laws will be grounds for discontinuing your rights to this website. This website was created and will be operated from the United States.
You are prohibited from utilizing this website for any illegal or unauthorized purpose or contrary to PROMO LLC’S policies and procedures (as published on the website periodically), including but not limited to the following:
a. Fraud/Deception – You may not engage in fraudulent, deceptive, or intentionally disruptive, or malicious activity of any kind.
b. Intellectual Property Infringement – You agree not to post any content to the website which infringes on any patent, trademark, trade secret, copyright, the right of publicity, or another proprietary right of any party;
c. Offensive Content – You agree not to post any content to the website, which is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains obscene language or obscene references, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates PROMO LLC’S rules or policies;
d. Compromise/Disruption of Website – You are prohibited from engaging in activity that compromises the PROMO LLC website, including but not limited to: any hacking, distribution of malicious software, spamming, mail bombing, or crashing. You agree not to post any content to the website which contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third-party;
e. Impeding – You may not engage in any activity designed to impede the use of the PROMO LLC website by other Users. You are prohibited from engaging in any activity that jams this website, including overloading and flooding.
f. Unauthorized Linking – You may only link or create links from PROMO LLC’S website back to your website. You cannot link or create or facilitate any other links without PROMO LLC’S written permission;
g. Framing/Deep Linking – You are prohibited from framing or deep linking to the PROMO LLC website, without our express written permission. You are not to place hyperlinks in your postings.
h. Unauthorized Access – Any access to the PROMO LLC website using any unauthorized process, including but not limited to manually scraping or utilizing spiders, bots, or any similar devices, is prohibited unless PROMO LLC consents to such access use in writing;
i. Copying or Modifying Website Content – Any duplication of the pages or modification of this website or the content of this website, without the advance written permission of PROMO LLC , is a violation of this Agreement.
j. Illegal Activity – You may not use the website or PROMO LLC’S services for any purpose or in any manner which violates any local, state, national, or international laws and regulations.
k. Bidding by Seller or Seller’s Agents – Sellers or Sellers’ agents may bid in the Sellers’ auctions under Section 2-328 of the Uniform Commercial Code. Further, Sellers acknowledge that Buyers are granted certain rights and remedies in these instances if advance notice of Seller bidding is not provided to Buyers. If we, PROMO LLC, identify this activity and advance notice is not provided to Buyers, we reserve the right to require that it be added by Sellers or to administratively do so. To the extent that a bid on Seller’s behalf is the highest bidder, Sellers agree that they are liable for the purchase price and PROMO LLC reserves all rights and remedies, including the right to collect or retain any associated expenses for any items sold.
I. Manipulation – Manipulation of the Seller Rating system is prohibited, including but not limited to making purchases to try to measurably increase or decrease the seller’s rating using a buyer account.
Relationship Between PROMO LLC and Sellers
PROMO LLC has no affiliation with or control over the Sellers or their operation of the actual events. PROMO LLC provides a service to Sellers and Buyers by facilitating the connection between the Seller and the Buyer.
PROMO LLC is not responsible for the content of any Seller’s postings and (i) does not review or evaluate the quality or origins of the items sold or verify the claims made by each Seller regarding its items, and (ii) does not guarantee the accuracy of any of the postings or content on the website. No User has a claim against PROMO LLC for relying on these postings or content.
PROMO LLC has the right to monitor the Sellers’ postings but is under no obligation to do so. If PROMO LLC determines, in its sole discretion, that any content posted on the website is inappropriate, PROMO LLC reserves the right to delete such content from the website and to terminate or suspend the posting Seller’s account and/or use of this website.
Event Assistance Policy. PROMO LLC reserves the right to regularly monitor events to ensure they are running at peak performance. PROMO LLC may in its sole discretion (but shall not be obligated to) assume the role of software operator when it is determined by our staff that Seller’s online Buyers are suffering a poor experience for any reason and/or instances where the software operator demonstrates an inability to properly run the software application. In such an event, Seller will be charged the then-current rate for such.
Additional Services.
Real Estate Auctions. The role of PROMO LLC in the sale of real property is limited to providing a vehicle or interested potential purchasers to utilize when they desire to bid at real estate auctions. PROMO LLC does not broker, sell, purchase, exchange, or lease real or personal property. No brokerage relationship or sales relationship of any kind is created between PROMO LLC and any seller or buyer of real estate. PROMO LLC merely provides a conduit through which a prospective buyer can participate in a real estate auction without physically being present is PROMO LLC ‘s proprietary risk-assessment software that relies on third-party partners, as well as a Buyer’s history with the PROMO LLC ‘s platform, to determine a Buyer’s. “eligibility”. PROMO LLC may limit eligibility for certain events to Buyers that meet certain criteria. Buyer acknowledges and agrees that Buyer may be identified in PROMO LLC records by the Buyer’s Our Website Monitoring results. Buyer further agrees that each time Buyer attempts to participate in a Seller’s event, Buyer may be granted or denied access to such event based on Buyer’s Our Website Monitoring results. Any breach of this Agreement by Buyer may negatively impact AUCTION WALK and Affiliate Website Monitoring results.