Advance Estate Sale

Website Terms & Conditions

Revised as of May 1, 2011

Thank you for visiting the Advance Estate Sale, hereafter referred to as "Advance Estate Sale", website!

Advance Estate Sale website Users, hereafter referred to as "User or Users", agree to comply with and to be bound by these Website Terms & Conditions, including the posted Privacy Policy and Online Purchasing Provisions, hereafter referred to as "Terms". These Terms govern the use of the Advance Estate Sale website and purchase of product through the Advance Estate Sale website. These Terms also become the entire "Agreement" between User and Advance Estate Sale. If User does not agree with all of these Terms, please exit this website.

Advance Estate Sale may, from time to time and at its sole option, change these Terms without notice by posting the revised Terms on the Advance Estate Sale website. The Terms posted on Advance Estate Sale's website at the time Advance Estate Sale accepts a Users order, will govern that purchase.

This Website as a whole, and all material on this Website, is protected by copyright and other intellectual property rights.

Submissions

User agrees that any and all suggestions, testimonials, and other items or materials (except for User personal information) disclosed or submitted to Advance Estate Sale through this website or by other means ("submission or submissions") are neither confidential nor proprietary to User. All submissions become Advance Estate Sale's property upon submission to Advance Estate Sale. By making a submission to Advance Estate Sale, User assigns to Advance Estate Sale all rights, title and interests, including copyrights, in the submission. Advance Estate Sale has no obligation (i) to keep any submission confidential; ( ii) to pay User or anyone any compensation for any submission or for using a submission; or (iii) to respond to or acknowledge any submission. User represents and warrants that no submission User makes will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a submission, User agrees that Advance Estate Sale has the right (but not the obligation) to copy, publish, distribute or use such submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to User or to any other person. Users are and shall remain solely responsible for the content of any submission User makes.

The Advance Estate Sale website may contain links to other websites. Advance Estate Sale is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Advance Estate Sale does not, by linking to another website, or by making reference to any third-party information, products or services, endorse those websites or materials. Any questions or comments relating to any other website should be addressed to the operator of those websites. No linking to this website is permitted without Advance Estate Sale's prior written permission.

Products

The products depicted on this website are representative of products Advance Estate Sale sells for various manufacturers. Not all products Advance Estate Sale sells are shown in this website. The style, designs, function, and availability of the products shown within this website, may be changed without notice.

Disclaimer

Content within this Website may contain inaccuracies or typographical errors. Advance Estate Sale is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any User's reliance on information obtained from or through this website. This website, as well as, the information and materials contained in this website, are subject to change at any time at the sole discretion of Advance Estate Sale, without prior or subsequent notice to User.

No Warranties

This website and the contents of this website are provided on an "as is" and "as available" basis.

AVCOMM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS, OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES.

Advance Estate Sale does not represent or warrant that the information contained in this website is accurate, complete or up-to-date, that this website is free of defects or that any defects will be remedied. User agrees, by using this website, that Users use of this website is at Users sole risk, that User assumes full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that User uses in connection with this website, and that Advance Estate Sale shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to Users use of this website. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to a particular User.

Limitation of Liability and Indemnity

In no event shall Advance Estate Sale be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if Advance Estate Sale has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this website. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to a particular User.

User agrees to protect, defend, indemnify and hold harmless Advance Estate Sale, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to Users use of this website.

Governing Law and Location

This agreement is governed by the laws of the state of Nebraska within the United States of America, without giving effect to any choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this agreement. Users are responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts of Nebraska in any dispute arising out of or relating to this agreement.

Force Majeure

Advance Estate Sale shall not be liable for failure to fulfill Advance Estate Sale's obligations under this Agreement or for delays in delivery or performance due to causes beyond Advance Estate Sale's reasonable control. Advance Estate Sale's time for performance of any such obligation will be extended for the time period of such delay, or Advance Estate Sale may, at is option, cancel any order or remaining part thereof, without liability, upon notice to User.

Assignment

Advance Estate Sale may assign or subcontract all or any portion of its rights or obligations with respect to the sales of products and/or assign the right to receive payments without Users consent. User may not assign this Agreement or any of its rights or obligations without the prior written consent of Advance Estate Sale. Subject to the restrictions in assignment contained in this provision, this Agreement will be binding on and inure to the benefit of the parties hereto and their successors and assigns.

Miscellaneous

No provision of this Agreement may be waived, amended or modified by either party except by a written agreement signed by User and Advance Estate Sale. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights. The relationship between Advance Estate Sale and User is that of independent contractors and not that of employer/employee, partnership or joint venture. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts will still remain in effect.

Entire Agreement

This Agreement constitutes the entire Agreement between User and Advance Estate Sale regarding the purchase of products from Advance Estate Sale and supersedes and replaces any previous communications, representations or agreements. Any additional or different terms or conditions contained in any purchase order or other documents provided by User are considered material alterations to this Agreement, and are expressly rejected and will not be binding upon Advance Estate Sale.

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