Terms and conditions
2.3 Disclaimer: You expressly understand and agree that:
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of EstateSale.COM LLC to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, another Member's acts or omissions, or your use of or inability to use, the services or this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. EstateSale.COM LLC's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to EstateSale.COM LLC, we may limit your activities on the website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where EstateSale.COM LLC considers it appropriate.
2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list and Listing Policies as detailed on our FAQ page form part of these terms and conditions.
3.5 Emails and newsletters: online-estatesale.com will send you emails relating to your membership, transactions and other activities on the website, and for promoting and marketing other EstateSale.COM products and Services to you. online-estatesale.com may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
4.2 Your obligations as a seller
4.3 Your obligations as a buyer
6.4 Force Majeure: Without prejudice to clause 2.3(a), EstateSale.COM LLC has no liability for any lack of performance, unavailability or failure of the Services or the website, or for any failure of EstateSale.COM LLC to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of EstateSale.COM LLC.
6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by the laws of Pennsylvania.
6.8 Intellectual Property Rights: online-estatesale.com (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the website.
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.