8.1. Interruption of Service
User understands that the Company shall take all commercially reasonable efforts to make its Site and Service available. However, the Company is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any online liquidation auctions or sales. User understands that the Site may be unavailable unexpectedly as a result of circumstances beyond its control or routine maintenance. User agrees not to attempt any action which may disrupt the Company’s Site and Services, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of the Company’s programs or infrastructure.
8.2. Changes to Site and Services
The Company Apgar Ambulance L.C. Reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its Site and Services, including, but not limited to, content, auction features, news and information, and product categories without notice.
8.3. Record Keeping
The Company Apgar Ambulance L.C cannot guarantee the preservation or maintenance of records relating to historical auction transactions and bidding activity and encourages User to keep individual records and an accounting of all activity conducted through the Company’s Site.
User acknowledges and agrees that the Company does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes, which may be assessed or owed by any User in connection with the use of the Company’s Site and Services. User understands and agrees that User is solely responsible for the calculation and payment of any taxes that may be incurred as a result of using the Company’s Site and Services.
8.5. No Agency
The relationship between Users and the Company is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by the terms and conditions of this User Agreement.
8.6 Ambulancetrader.com is Only a Venue
Ambulancetrader.com and associated sites are merely a venue for Registered Users to exchange information and facilitate transactions. It is expressly understood and agreed that the Company is not a broker or agent and has no fiduciary duty to the User with regard to transactions through the Services. Unless otherwise stated, the Company is not a party to the transactions between Buyers and Sellers. The Company does not guarantee the quality, safety, condition, or ownership of the assets advertised for sale on its Site and does not guarantee the accuracy of the information provided in the description of assets advertised for sale on its Site. Buyers are encouraged to perform their own due diligence, including, but not limited to, using the Site’s “Ask the Seller a Question and Reply to AD ” feature and the arrangement of an on-site inspection. The Company does not guarantee any individual Sellers or Buyer’s ability to complete transactions using the Company’s online liquidation service and makes no representation regarding the identity, creditworthiness, or performance of any User.
USER AGREES NOT TO HOLD COMPANY Apgar Ambulance L.C, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY OF USER’S DEALINGS WITH ANY OTHER USERS.
8.7. Notice and Communication
Unless stated otherwise, all notice and communication with User shall be provided by e-mail to the e-mail address provided by the User in their registration application or via posting on the Site. Notice shall be deemed to have been provided 24 hours after the e-mail was transmitted by the Company or the information was posted on the Site. If the Company receives a message that the User’s e-mail is disconnected or is no longer valid, notice shall be deemed to have been provided 72 hours following the mailing of a letter to the User’s address contained in their registration application.
In the event User has a dispute with another User, User releases Company, directors, officers, employees and agents from claims, demands and damages, whether actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. This release includes any claims brought by any individuals relating to misuse or unauthorized use of data User gives to Company. Users agree to defend, indemnify and hold harmless the Company, its affiliates, directors, officers, employees and agents to the fullest extent lawful against any and all damages (whether direct, consequential or otherwise), claims, liabilities, costs and expenses incurred (including, without limitation, all reasonable fees), as a consequence of any acts by User undertaken in connection with the Company’s Site and Services, including without limitation, those arising out of any breach of any User representation or warranty, User’s obligations hereunder, any User transaction attempted through the Service, or any dispute between User and any other Users.
8.9. Third Party Links
The Site may contain links to other websites or resources for the convenience of Users in locating related information and services. User acknowledges and agrees that Company is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Company endorses the linked site. User uses the links at User’s own risk.
This User Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming without regard to the conflicts of law provisions thereof, and, to the maximum extent permissible, without reference to that body of law known as the Uniform Computer Information Transaction Act. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this User Agreement or any of the matters contemplated hereby is waived. User further agrees to the exercise of personal jurisdiction in the State of Wyoming in connection with any dispute or claim involving the Company.
If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this User Agreement shall continue in full force and effect.
The terms and conditions of this User Agreement constitute a binding agreement between the Apgar Ambulance L.C Company and each User until terminated by the User or the Company. User may discontinue use of the Site and Services at any time upon notice to Company. Upon termination, User is obligated to immediately cease using the Site and Services. Ambulancetrader.com expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of ambulancetrader .com, for any reason and without notice
8.13. Disclaimer Of Warranties