Terms & Conditions governing the use of Fleming Member Services
Fleming & Company, LLC Auctioneers offers visitors to its website at Flemingauction.com the opportunity to receive timely email updates about auction dates and new services offered at Flemingauction.com.
Fleming reserves the right, at our sole discretion, to add, delete or change some or all of the Member Services at any time without notice.
The following Terms and Conditions govern the use of Flemingauction.com Members Services:
As used in these Member Services Terms and Conditions, "you" are an individual acting on your own behalf, or an agent of a person or entity that has authorized you to act on their behalf; "we" and "us" mean Fleming.
Fleming reserves the right, in its sole discretion, to allow or deny access to Flemingauction.com Member Services to any party however no representation or warrant is made as to the accuracy of the content of the material herein provided.
Member services are free.
You acknowledge and agree that the Internet is an unreliable, unsecured, and error-prone network and Fleming cannot and does not guarantee continuous, uninterrupted or secure access to online bidding or the Flemingauction.com website. You agree to hold Fleming harmless for any interruptions in the Flemingauction.com website.
The Flemingauction.com website, including all content, functions, materials, services, and information made available on or accessed through online services or the Flemingauction.com website are provided on an “as is, where is, as available” basis without representation or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, or fitness for a particular purpose. Fleming does not warrant that the service, or the functions, features, or content contained, made available on, or accessed through the Flemingauction.com website, including without limitation any 3rd party software, products, or other materials used in connection with the Flemingauction.com website will be timely, secure, uninterrupted, or error free, or that defects will be corrected. Fleming makes no warranty that the Flemingauction.com website will meet your requirements. If you are dissatisfied with the Flemingauction.com website, your sole remedy is to discontinue using the Flemingauction.com website. No advice or information, whether oral or written, obtained by you from Fleming or through the Flemingauction.com website shall create any warranty not expressly made in this agreement.
Limitation of Liability
You understand and agree that neither Fleming nor any of its members, officers, employees, or agents shall be liable for any direct, indirect, special, consequential or incidental damages, of any nature arising out of (1) the failure of any information or data to be transmitted or received in a timely fashion, (2) the interruption of any data transmission, (3) the downloading of any applications or information related to the Flemingauction.com website, to the full extent those damages can be disclaimed by law. This limitation of liability is expressly intended to apply to all types of damages, including, but not limited to, damages for loss of profits, loss of business opportunity, loss of business information (including loss or replacement of any data, memory or other information which is altered or damaged) or business interruption (whether resulting from failures or delays in delivery or performance).
You agree to indemnify, defend and hold harmless Fleming and its members, employees, agents, or affiliates, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of the Flemingauction.com website or your breach of this Agreement.
Fleming may amend the Flemingauction.com Member Services Terms and Conditions at any time by posting the amendments on our website.