Date: August 31, 2016
Welcome to Carrieswagon.com, we provide website features and other products and services to you when you visit or shop at carrieswagon.com, use our company’s products or services, use our company’s applications for our mobile, or use software provided by our company in connection with any of the foregoing services (collectively, "Carrie’s Wagon Services").
Our company provides the Carrie’s Wagon Services and product subject to the following conditions. By using Carrie’s Wagon (Company) Services, you agree to these conditions. Please read them carefully.
Carrie’s Wagon website provides the following service: Estate sales liquidation specializing in estate sale services, online auctions, buyouts, consignments, clean-outs, & downsizing. Supplemental terms and conditions or documents that may be posted on the (our, Company) Carrie’s Wagon Website from time to time, are hereby incorporated into this agreement by reference.
Company makes no representation that the Website is appropriate or available in other locations other than where it is owned and operated by Carrie’s Wagon.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Carrie’s Wagon to any registration requirement within such or any jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own risk and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (under the age of 18) are not permitted to register for the Carrie’s Wagon Website or use of the services.
YOU ACCEPT AND AGREE TO THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ACCEPT THIS AGREEMENT, OR TO MODIFICATIONS THAT CARRIE’S WAGON MAY MAKE TO THIS AGREEMENT NOW, AND IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.
Carrie’s Wagon bills you through an online billing account for purchases of products and/or services. You agree to pay Carrie’s Wagon all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases.
You agree to make payment using that selected payment method. Company reserves the right to correct all errors or any mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in United States dollars.
All sales are final and no refunds shall be issued.
When you use Carrie’s Wagon Products and Services, or send e-mails, text messages, and other communications from your mobile, tablet devices and desktops to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile notices, or messages on our site or through the other Carrie’s Wagon Services, from our Message Center, and you can retain copies of these communications. You agree that all agreements, notices, disclosures, and other communications that Carrie’s Wagon provide to you electronically satisfy any legal requirement that such communications be in writing.
USE OF MOBILE APPLICATION
If you are accessing the Company Services via a mobile application, tablets or computer then Carrie’s Wagon grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless devices, tablets and computers owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license and our terms of agreement.
You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
You may not access or use Carrie’s Wagon Website for any other purpose other than that for which it was intended by Carrie’s Wagon. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
B. criminal or wrongful activity
C. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Carrie’s Wagon Website
D. deleting the copyright or other proprietary rights notice from any content
E. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
F. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
G. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
H. selling or otherwise transferring your profile
I. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
J. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
K. using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Carrie’s Wagon and the trademarks, service marks and logos contained therein are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Services) links to other websites such as Third Party Websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties and/or "Third Party Content".
Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content.
Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. You should review all of the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from Carrie’s Wagon Website or relating to any applications you use or install from the Website.
Company reserves the right but does not have the obligation to:
A. monitor the Website for violations of this Agreement;
B. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any users contribution or any portion thereof that may violate this Agreement or any Company policy.
The Company may provide certain areas of the Web Site (such as chat rooms, message boards or other facilities) designated as open to the general public access or to our Users (each of which is referred to as a "General Public Area"). Generally, any and all communication that you post to a General Public Area is considered to be non-confidential.
By placing and or posting communications (which includes any content such as graphic or multimedia) to any General Public Area, you automatically permit the Company a perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and grant The Company certain sublicense rights.
You are not allowed to do any of the following while accessing, using, or on the Web Site or using the Material: (1) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights ("Rights") therein, or have the permission of the owner of the Rights to post or transmit such material to the Web Site; (2) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate or mimic another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing or on the Web Site or the Material; or (9) post or transmit any information containing a virus or other harmful component or do harm to any aspect of The Company or our Web Site.
When a User of communications violate to any terms of this Agreement, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities. The Company reserves the right, in its sole discretion, to remove Users and prevent their any further access to the Web Site for violating this Agreement or the law. The Company also reserves the right at all times to disclose any information as necessary or deemed desirable by the Company to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
Without limiting any other provision of this agreement, The Company reserves the right to, in The Company’s sole discretion and without notice or liability; deny access to and use of the Web Site and The Company services, to any person for any reason or for no reason at all, including without limitation for breath of any representation contained in this agreement, or any applicable law or regulation.
If Company terminates or suspends your account for any reason, you are prohibited from registering and establishing a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, and/ or criminal, and injunctive compensation.
MODIFICATIONS TO AGREEMENT
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Carrie’s Wagon Website. Revisions will be indicated by date. You agree to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
DISPUTES WITH COMPANY
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to Carrie’s Wagon Website or the Company Services shall be governed and interpreted by the laws of the State/Commonwealth of Maryland, excluding such states conflicts of law rules.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, Carrie’s Wagon:
District Heights, Maryland, 20747
Phone: (617) 676-8586