TERMS OF USE POLICY & AGREEMENT


We hope you find our web site helpful and informative. Your use of our web site and services are subject to the terms outlined on this page. Please "refresh" or press F5 to insure you are veiwing the lastest changes. Please take the time to carefully review this page.


Acceptance of Terms

Texas-National Auctioneers provides this web site and any other services offered to you, subject to the following Terms of Use Policy & Agreement, which may be updated by Texas-National Auctioneers at any time without notice to Users. In addition, when using Texas-National Auctioneers web site and any other services offered, you shall be subject to and agree to any posted guidelines or rules applicable to such web site and/or other services. All such guidelines or rules are hereby incorporated by reference into this Terms of Use Policy & Agreement.


Use of Web Site Limited License

Texas-National Auctioneers provides the information contained on this web site only on the express conditions herein provided. By using any of the functions on this web site, you agree that you will use the information provided only for your non-commercial, personal use. You agree not to distribute or transmit, modify, reuse, report, or otherwise use such information for public or commercial purposes.

Texas-National Auctioneers grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify, any portion of it, without the express written consent of Texas-National Auctioneers except as otherwise specified within the web site or this Terms Of Use Policy & Agreement and only with regard to specific use or other terms for the specified content.

This license does not include any resale or commercial use of this site or its contents and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission, except as specifically provided for within the web site or this Terms Of Use Policy & Agreement.

You agree that you will not use any device, software or other routine, either manually or automated, to interfere or attempt to interfere with the operation of our web site or any other operation being conducted on our site.

You agree that you will not take any action that imposes an unreasonable or a disproportionately large load on our infrastructure. Some information contained in this web site is updated on a real time basis and is proprietary and/or is licensed to Texas-National Auctioneers by Users and/or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of Texas-National Auctioneers and/or the appropriate third party.

Any unauthorized use terminates any permission to use this web site and/or license granted by Texas-National Auctioneers. You further agree that a breach of this Agreement by you will cause irreparable harm to Texas-National Auctioneers, and that Texas-National Auctioneers shall be entitled to injunctive relief without the need to prove irreparable damages.

TEXAS-NATIONAL AUCTIONEERS MAY MODIFY AND/OR REVOKE ANY RIGHTS, AS WELL AS ANY ACCESS AND AUTHORIZATIONS OF USE GRANTED TO USERS OF THIS WEB SITE AT ANY TIME, WITHOUT REASON OR CAUSE.


Texas-National Auctioneers Yahoo Auction-Info Group Forum

Use of Texas-National Auctioneers' Blogs, Forums and other similar websites or groups is governed by this Terms Of Use Policy & Agreement and may also include other policies, terms of service and other related requirements associated with other websites used for such Blogs, Forums and other similar websites or groups. Any information provided through Texas-National Auctioneers' associated Blogs, Forums and other similar websites or groups is intended for informational purposes only.


Copyright, Trademarks & Site Content

Texas-National Auctioneers, T-NA and other marks on this site are service marks of Texas-National Auctioneers, unless otherwise specified or indicated. You may not use any Texas-National Auctioneers logo, trademark, service mark or other proprietary name or graphic image without express written consent, except as provided for by law or specifically provided for within the web site or this Terms Of Use Policy & Agreement.

All information, text, articles, data, graphics, images, or other materials on this site, unless otherwise designated, is copyrighted by Texas-National Auctioneers and/or other third party copyright owners. Title to such copyrighted materials will at all times remain with the respective copyright owner. Unless otherwise specified, you may not copy, reproduce, edit, modify or make commercial use of such copyrighted materials, in whole or in part, without the express, prior written consent of the respective copyright owner. You may only use, download, or copy any specified materials on our web site for informational and non-commercial or personal use in accordance with this Terms Of Use Policy & Agreement. You may not reproduce or distribute the information contained on our web site for any other purpose. Unauthorized theft, usage of content or articles without specified attribution, and unauthorized reprinting of our site's content or placement on another web site constitutes a violation of copyright laws. For more information on copyright protection, visit the U.S. Copyright Office.

Users may be invited to submit "Content", which includes, but not limited to, such items as documents, source code, topical questions and/or responses submitted through Texas-National Auctioneers' Blogs, Forums and other similar websites or groups or through Texas-National Auctioneers' Contact Form, or any other means of submission to Texas-National Auctioneers for publication, circulation, or distribution. Texas-National Auctioneers does not necessarily claim ownership of any Content submitted, but by submitting such Content, Users agree to grant Texas-National Auctioneers a nonexclusive license to reproduce, distribute, adapt, promote, display, and sublicense any submitted Content.

Any person(s) submitting Content agrees to certify that they own the Content being submitted, or otherwise has the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, trademarks, service marks, patents, or other proprietary rights.

Any person(s) submitting Content agree to certify that their submissions contain no harmful or destructive content, including but not limited to any viruses, worms, trojans, spyware or other malware.

Any person(s) submitting Content agrees to certify that all submissions contain no elements that are defamatory, obscene, or in violation of any law.

Publication of any submitted Content is at the sole discretion of Texas-National Auctioneers. Texas-National Auctioneers reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content.

In the event that Texas-National Auctioneers is notified by a rightful owner that an infringement of ownership, copyright, trademark, or service mark has occurred, Texas-National Auctioneers will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question.

Texas-National Auctioneers assumes no liability with respect to disputes over Content ownership, copyright, trademarks or service marks.


Inappropriate Content Prohibited

Texas-National Auctioneers considers our web site as a family friendly resource. Therefore, Users may not submit or otherwise publish inappropriate content in any of our publicly accessible services, such as our Texas-National Auctioneers website, Blogs, Forums and other similar websites or groups, or any other system that we may offer now or in the future.

Texas-National Auctioneers retains sole authority to determine the Content allowed on their web site or other services under their control, with or without cause and retains the right to edit or delete any Content at their sole discretion without recourse by any User and without notification of such actions to any User.


Materials Submitted to Texas-National Auctioneers

Any communications or materials sent to or otherwise provided to Texas-National Auctioneers by email, print, posts in our associated Blogs, Forums and other similar websites or otherwise, including any data, comments, suggestions, questions or other response, or the like, all such communications are considered and will be treated, as non-confidential and non-proprietary. Anything you communicate, transmit or post may be reproduced, distributed or otherwise used by Texas-National Auctioneers for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Texas-National Auctioneers is free to use and/or otherwise incorporate without limitation, and without any compensation to you, any information, ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, marketing products and/or other services using such information.


Testimonials

All solicited and/or unsolicited testimonials received from clients, customers, site visitors, and reviewers of our online content, become the intangible property of Texas-National Auctioneers and we reserve the right to include these testimonials at our discretion, in our marketing and promotional materials to other prospective clients and customers.


Links to Third Party Sites

Texas-National Auctioneers web site may contain links to third party web sites ("Linked Sites"). These external sites may contain complementary resources to our content and/or offer products for purchase. Any other web sites that are accessible by a link on this web site are not under the control of Texas-National Auctioneers. Texas-National Auctioneers is providing these links to you only as a convenience, and the inclusion of any link does not imply Texas-National Auctioneers' endorsement of the site, or any products or services they may offer, or any association with its operators, or guarantee that the Content contains accurate information. You are responsible for viewing and abiding by the privacy statements and Terms of Use/Service posted at the Linked Sites.

Your linking to any off-site pages or other sites is entirely at your own risk. The Linked Sites are not under the control of Texas-National Auctioneers and Texas-National Auctioneers is not responsible for the contents of any Linked Site, any link contained in a Linked Site, or any changes or updates to a Linked Site. You are advised to conduct your own due diligence and exercise your own sound judgment before entering into a transaction with any company or individual linked to our site.

Texas-National Auctioneers is not responsible for any other form of transmission received from any Linked Site nor is Texas-National Auctioneers responsible if the Linked Site is not working properly.

While we may endorse certain Affiliate sites, we can not intervene on your behalf into any potential issue or dispute with our affiliate partners.

While we attempt to only select "safe" sites as links from our site, it is not possible for us to control their content. Therefore, it is possible that a linked site may offend a specific person's sensibilities. If we are made aware of the offending link and we agree that it is offensive, the link will be removed from our site.

Texas-National Auctioneers is under no obligation to link to any site.


Linking To Our Web Site

The unauthorized linking to our files, graphics, and other media types to be displayed or otherwise utilized within other web sites is prohibited. This practice constitutes bandwidth theft and is considered a criminal offense.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Texas-National Auctioneers so long as the link does not portray Texas-National Auctioneers or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

You are hereby authorized to provide the following links to our web site without modification, except for the use of special attribute tags (such as target="_new"):

Banner Image Link:
<a href="http://www.auctionhoustontexas.com"><img src="http://www.auctionhoustontexas.com/images/texnatl.gif" alt="Texas-National Auctioneers" width="275" height="72" border="0"></a><br><a href="http://www.auctionhoustontexas.com"><b>Houston, Texas</b></a>

Text only link:
<a href="http://www.auctionhoustontexas.com"><b>Texas-National Auctioneers - Houston, Texas</b></a>

You may not use any other Texas-National Auctioneers logo, trademark, service marks or other proprietary name or graphic as part of the link without express written permission.


Framing, Page-Jacking & Use of Scripts

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 Texas-National Auctioneers without express written consent. You may not use any meta tags or any other "hidden text" utilizing Texas-National Auctioneers' names, trademarks or other service marks without the express written consent of Texas-National Auctioneers.

Page-Jacking is the "framing" or otherwise displaying an external web page within a web site other than the originating server of the content provider. This may mislead the visitors of the offending site to believe that the hijacked page belongs to the web site they are viewing. Page-Jacking is expressly prohibited and considered a criminal offense.

Unauthorized attempts, whether successful or not, to access or "hack" our web site and/or use our online scripts, for any purpose such as bandwidth theft, spamming the Internet with our domain name, or the routing of our web traffic to other sites, is a federal offense and we will pursue appropriate legal actions in the courts, as well as reporting such acts to the FBI Internet Crime Complaint Center for criminal investigation.

Appropriate linking to our site should be done so that our link opens in a new browser window by the proper use of anchor tags, such as TARGET=_NEW or TARGET=_BLANK attributes as shown in the example below:
<href="http://www.t-na.com" target="_new">Texas-National Auctioneers - Houston, Texas</a> .


Web Site Copying & Offline Ripper Programs

Your use of our web site is subject to the agreement that you will only view our web site while maintaining an online connection to the Internet and the content will not be downloaded for offline viewing by the use of any Offline Web Site Ripper programs or other forms of copying.

A web site ripper is a software program that allows you to download an entire web site to facilitate offline viewing at a later time. The use of such programs can cause web site owners to incur excessive bandwidth usage and costly data transfer fees from their hosting company. Therefore, the use of such programs on our web site is prohibited. Any person that violates this rule will be charged $20 per Megabyte or portion thereof of file transfer for each occurance.

The only exception to this Term Of Use applies to search engine robots and spiders that are used to index our web site for inclusion in search engines and directories.


Harvesting of User Information and Email Addresses

You agree that you will not harvest or collect any information, including email addresses, for any users or subscribers of any service, including Texas-National Auctioneers Blogs, Forums and other similar websites or groups, for any purpose whatsoever. You further must agree that you will not directly contact or solicit any user or subscriber of any service, including Texas-National Auctioneers Blogs, Forums and other similar websites or groups, for any commercial purpose whatsoever.

Under no circumstances shall a person, through manual methods or by the use of robots or any other method, attempt to harvest email addresses from our web site for the purposes of selling or otherwise distributing them or automatically signing them up for email lists or any other purpose whatsoever.

All violations of these terms and UCE anti-spam legislation will be reported and relief will be actively pursued through all legal means.


No Email Attachments Without Approval

To protect ourselves and others from computer virus attacks and other malicious activities of the unscrupulous malcontents, ALL emails with attachments sent to us without our prior expressed authorization will be automatically deleted without being read.


Mailing List Sign Up

In order to use certain Texas-National Auctioneers services, such as our email notification of upcoming auctions and/or other services offered now or in the future, you will be required to personally register with Texas-National Auctioneers by using our Email Contact Form or other registration form provided. In consideration of your use of any services offered, you agree to:

  • (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form and
  • (b) maintain and promptly update the information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Texas-National Auctioneers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Texas-National Auctioneers has the right to suspend, terminate or delete your account and refuse any and all current or future use of any services or any portion thereof.

We are honored that some people may wish to register family, friends or business contacts to our Email List. However, as strong anti-spam proponents, we cannot allow you to do this. Therefore, all potential subscribers to our Email List must sign themselves up on our list.

However, we do highly encourage you to tell others about us by using our page.


Privacy Policy

Use of any and all of Texas-National Auctioneers web site and/or services, including Texas-National Auctioneers Blogs, Forums and other similar websites or groups, is subject to the Texas-National Auctioneers Privacy Policy. We do not sell or disclose email addresses except as may be indicated in our Privacy Policy. See our Privacy Policy for additional information.


VIOLATIONS OF THIS TERMS OF USE POLICY & AGREEMENT

All violations of this Terms Of Use Policy & Agreement will be investigated to determine the intent of the violation. If it is determined that a violator willfully engaged in any action(s) or series of activities to disrupt the operation of this site and/or our business, we will pursue one or more of the following options, as we deem fit:

  • File a complaint with violator's ISP to revoke their Internet access.
  • File a complaint with violator's local unit of government and/or police department.
  • File a complaint with our local unit of government and/or police department.
  • File a complaint with violator's state government and/or Attorney General's office.
  • File a complaint with the Texas Attorney General's Office.
  • File a complaint with the Better Business Bureau.
  • File a complaint with the Federal Trade Commission (FTC).
  • File a complaint with the FBI Internet Fraud Complaint Center.
  • File suit against any party(ies) involved to seek injunctive relief through the appropriate courts.

DISCLAIMERS, LIMITATIONS & LIABILITIES

LIMITATION AND/OR INDEMNIFICATION OF LIABILITY

THE ENTIRE CONTENTS OF THIS SITE ARE PROVIDED "AS IS" AND TEXAS-NATIONAL AUCTIONEERS MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY KIND WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS. BY USING THIS SITE, YOU UNDERSTAND AND AGREE THAT NEITHER TEXAS-NATIONAL AUCTIONEERS NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE ANY ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THIS WEB SITE OR IN ANY DOCUMENTS OR SITES THAT ARE LINKED TO OR REFERRED TO BY THIS WEB SITE AND IN NO EVENT SHALL TEXAS-NATIONAL AUCTIONEERS NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOST PROFITS, INCIDENTAL DAMAGES, OR CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR ANY INFORMATION CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

Texas-National Auctioneers assumes no responsibility, and shall not be liable for any damages to, or from any worms, viruses, trojans that may infect, your computer equipment or other property on account of your access to, use of, or browsing of, this Web Site, or your downloading of any materials, data, text, images, video, or audio from this Web Site.

It is our objective and goal to have this web site operational at all times. However, Texas-National Auctioneers can not and does not assume any responsibility, and shall not be liable for any damages due to required maintenance of hardware and/or software, hardware and/or software failure, Internet worms, viruses, trojans and other problems that tend to be unique to the Internet.

By using this site, all Users have implicitly accepted this Terms Of Use Policy & Agreement and have also agreed to indemnify and hold Texas-National Auctioneers and its owners, officers, directors, employees or other represenetatives harmless against any claim, dispute, or demand, including reasonable attorneys' fees, for any losses that may be directly or indirectly related or attributed to the operation and/or accessibility of this web site and/or which may arise from a breach of this Terms of Use Policy & Agreement or due to your violation of this Terms of Use Policy & Agreement, including any content submitted to, uploaded to, downloaded from, transmitted to or received from Texas-National Auctioneers by you.


Accuracy of Information

Texas-National Auctioneers uses reasonable efforts to assure the accuracy of the information on this web site. However, All Information contained on this web site may be changed and updated at any time without notice, and may contain errors or inaccuracies. This web site also contains information provided by third parties. Texas-National Auctioneers makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information; and Texas-National Auctioneers is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.


Agency & Contracts

Although we would like to believe everyone is honest and that a person's handshake is as good as their word, due to the litigious society we live in today, it is imperative to insure that everything is cleary understood. The only way to do so, is to have a contract that spells out everything. Therefore, Texas-National Auctioneers does not legally undertake any actions on your behalf, until we have signed a contract which authorizes us as an implicit authority to act as your agent. Therefore, any communications, including, but not limited to, correspondance by email or our online Contact Form, posting of questions and corresponding replies on our associated or affiliated Blogs, Forums and other similar websites or groups, or meeting us face-to-face during an initial consultation, does not create a legally recognized relationship and any communications are for informational purposes only.


Legal or Accounting Advice

Our objective is only to provide information about the auction industry and any information on this web site should not be considered as legal advice. Therefore, you are advised to consult with a lawyer or certified public accountant for any legal or tax related opinions.


Revisions to Terms Of Use Policy & Agreement

Texas-National Auctioneers may, at any time, revise this Terms Of Use Policy & Agreement by updating this web page. By using our web site, you are bound by this Terms Of Use Policy & Agreement, therefore you should periodically visit this page to review our Terms Of Use Policy & Agreement.


Governing Law

This Terms Of Use Policy & Agreement is to be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflicts of law rules. The failure of Texas-National Auctioneers to exercise or enforce any right or provision of this Terms of Use Policy & Agreement shall not constitute a waiver of such right or provision.