StocktonEstateSales.com, owned by Alpine Estate Sales – Terms of Service
By using www.stocktonestatesales.com , (the “site”), or using any of the products or services listed or obtained through the Site or from the Company (as such term is defined herein) (the “Products” ) you signify your assent to these Terms and Conditions in electronic form.
If you do not agree to all of these Terms and Conditions of use, do not use this Site or the Products.The Site is owned and operated by Alpine Estate Sales company. As used herein, each of the above are individually, and collectively, referred to herein as the “Company”. For the sake of clarity, the term “Company” shall therefore also apply to each site in their individual capacities. The Company may revise and update these Terms and Conditions at any time. Your continued usage of the Company Site or Products (as such term is defined herein) will mean that you accept those changes.
As used herein, the term “Products” shall include all products and services obtained from or through the Company
THIS SITE DOES NOT PROVIDE ANY REAL ESTATE, MEDICAL, OR LEGAL ADVICE
Information on this Site is provided for informational purposes only and is not intended as a substitute for professional advice. You should not use the information on this Site for forecasting success and/or profitability regarding the purchase and/or sale of items or information presented on this site. Reliance on any information provided by the Company Site or by Company employees, licensors, suppliers, consultants, affiliates or other agents is solely at your own risk.
This Site AND PRODUCTS ARE provided for your use on an “as is, as available” basis. We, along with our affiliates, officers, directors, MANAGERS, MEMBERS, SUBSIDIARIES, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, do not make any representations or warranties of any kind, express or implied, with respect to our Site, its content OR OUR PRODUCTS. We may elect to cancel the data subscription in our sole discretion at any time. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that our Site or files available on our Site OR OUR PRODUCTS will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of this Site AND THE PRODUCTS ARE expressly at your own risk.
Further, we explicitly disclaim any responsibility for any OF OUR PRODUCTS or the accuracy, content, or availability of information found on other Sites that contain links to our Site. Because some Sites employ automated search results or otherwise link you to Sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party Sites, and you hereby irrevocably waive any claim against us with respect to such Sites.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of this Site and each Landing Page (if applicable) and not to download or modify them, or any portion of them, except with express consent of the Company. This license does not include any resale or commercial use of this Site or its contents; any collections and use of any services listings, descriptions, or prices; any derivative use of this Site, a Landing Page or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose other than expressly allowed under these Terms and Conditions or without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so.
You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page StocktonEstateSales.com so long as the link does not portray Company, its Products, its affiliates, or their goods/services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
You shall not reproduce, resell, republish or undertake any such similar use of the Products or Data. You do not acquire any propriety rights in or to the Data, which rights remaining with the Company or the Company’s suppliers or licensors, and you acknowledge that the Products are a valuable commercial product, the development of which has involved the expenditure of substantial time and money. You acknowledge that the Data is sourced from public documents and is provided on a “as is, as available” basis with all faults and defects, and the Company’s licensors and suppliers do not make any warranties as set forth in the disclaimer section above.
The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products (including any Landing Pages) and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyrights laws.
If you use this Site in any way (whether free or paid subscription), you are responsible for maintaining the confidentiality of your site account and password and for restricting access to your computer. Access to the paid subscription of our site will be for the months of your subscription, at which point you as the subscriber have the option to renew. You also agree to accept responsibility for all activities that occur under your account or password, or in connection with any Landing Page (if applicable). The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You agree to provide true, accurate, current and complete information about yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of your credit card, you shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
The Company may terminate its agreement with you immediately upon the occurrence of any one or more of the following events: (1) you fail to pay when due any amounts owed; (2) you become insolvent, make an assignment for the benefit of creditors, institute or become subject to any proceeding under any bankruptcy or other similar laws for the relief of debtors, or seek the appointment of, or become subject to the appointment of, any trustee or receiver; or (3) you breach any term or provision of this agreement.
When you purchase products from the Company, the Company has the right to contact you via email, phone call, text message or other messaging technology to discuss your account and additional services or products the Company provides. Unless otherwise indicated, any communications or material of any kind that you e-mail, post or otherwise transmit through this Site or any Landing Page, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary. Additionally, Company is free to use any ideas, concepts, know-how or techniques contained in your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Except where noted otherwise, all prices displayed for Products represent the full retail price listed. Price and availability information on our Site are subject to change without notice. If you terminate any subscription offered through the Site, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Unless you cancel in writing, Company will continue to bill your credit card on a monthly basis, and you may receive an electronic invoice with the payment information included.
In the event you wish to purchase any Products, you will be asked by Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card or bank account information. You agree to provide Company or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the Products. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes, including sales or use taxes. Other than personally identifiable information, which is subject to this Site’s Privacy Notice, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner is and will be considered non-confidential and non-proprietary.
LIMITATION OF LIABILITY
Except as specifically stated on this Site, neither Company nor any of its officers, directors, managers, employees, shareholders, members, affiliates, LICENSORS, SUPPLIERS, agents or other representatives will be liable for any damages arising out of or in connection with the use of this Site or THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, the information OR services PROVIDED IN CONNECTION THEREWITH). This is a comprehensive limitation of liability that applies to all damages of any kind including, but not limited to, compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss or damages to property, and claims of third parties. THE Company’s liability to you shall in no event exceed the amount you have paid to the Company during the previous SIX (6) months.
The Company will use its best efforts to protect the data entered by you on its Site; however, Company does not guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the Internet.
You agree to indemnify, defend, and hold harmless Company, its officers, directors, managers, employees, shareholders, members, agents, providers, merchants, sponsors, licensors, suppliers, and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) by you or any third-party resulting or arising, directly or indirectly, out of your use of the Site, the Products (including, without limitation, the Data and any Landing Page) or your violation of these Terms and Conditions.
The Company is not liable for any default or delay if such default or delay is caused, either directly or indirectly, by forces beyond its reasonable control including, but not limited to, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the obligations under this agreement.
APPLICABLE LAW; JURISDICTION AND VENUE
We make no representation that the content on the Site or the Products are appropriate, legal or available for use in other locations outside the United States. Those who choose to access the Site or Products from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Site, Products or content provided through the Site shall be governed by the internal laws of the State of California, without reference to its choice of law provisions. Any dispute relating in any way to your visit or use of the Site must be submitted to confidential arbitration in San Joaquin county, California except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Nothing in these Terms and Conditions creates the relationship of principal and agent, partner, or joint venture partner. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party. In connection with your use of the Site and the Products, you shall not represent yourself in licensee capacity unless you hold a valid license thereto. In addition, you shall not use any forms or letters contained in the Products of the Company which are designed for licensed professionals unless you hold a valid license. You agree that you shall be fully responsible for any and all actions, inactions or other business dealing you or any third-parties take in connection with, or arising out of, your use of the Site or the Products, and the Company shall not be liable to you or any third-party in any manner in connection therewith.
These Terms and Conditions represent the entire agreement between the parties with respect to the subject matter thereof, and supersedes all previous agreements, whether oral or written. You have the right to receive these Terms and Conditions in non-electronic form. You may request a non-electronic copy of these Terms and Conditions either before or after you electronically accept these Terms and Conditions. To receive a non-electronic copy of these Terms and Conditions, please send an e-mail to firstname.lastname@example.org or a letter and self-addressed stamped envelope to:
Alpine Estate Sales, 255 E. Alpine Ave, Stockton, CA 95204
The Company will use its commercially reasonable efforts to respond to all inquiries within 72 hours.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Company reserves the right to make changes to its Site, Products, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Your use of the Site or Products shall be void where prohibited by law.