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Terms of website use

These Terms of Website Use (“Terms of Use”) are a legally binding agreement between you and Purple Wave, Inc. Use of the Purple Wave website at www.purplewave.com (“Site”) will be considered acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the Site.

Definitions
The following terms are defined for use in this agreement, and their meaning in this agreement is limited to the given definition.

  • You, Bidder, Your, Buyer and User: These terms refer to you.
  • Purple Wave, We, Us, the Company and Our: These terms all refer to Purple Wave, Inc.
  • Seller: refers to one or more sellers utilizing the Site to market assets.

Purple Wave has the right to alter these Terms of Use at any time by revising this web page. Please visit this page periodically in order to monitor any changes that may have been made to these Terms of Use, particularly before you participate in an auction. Every time you use the Site, you are agreeing to the Terms of Use as they exist at that time.

REGISTRATION AND INFORMATION GATHERING

Access to some areas and use of some functions of the Site may require you to be or become a registrant. When and if you become or apply to become a registrant, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our and our sellers’ registration forms (including your e-mail address), and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is inaccurate, not current, or incomplete, we reserve the right to terminate your use of this Site and related services. As part of the registration process, you will be asked to select a password. You will be responsible for the confidentiality and use of your password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING BIDS AND PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Purple Wave requires information from every person who registers on the Site, including the following

  • Name
  • Address
  • Email
  • Credit Card Information
  • Home Phone Number
  • Work Phone Number

Sellers using Our services may require additional information from you before you will be eligible to bid in a particular auction event or on particular auction assets. Purple Wave gathers aggregate information about Site usage, including but not limited to, the number of visitors, most visited pages, length of visit, conversations and any and all correspondence. We routinely provide sellers with most if not all of the information which is in your registered bidder profile. Sellers may then use the information for any purposes. We may provide your information to others, including but not limited to, collection agencies, if you do not pay agreed upon amounts when due.

OWNERSHIP OF THE SITE

The Site is owned and operated by Purple Wave, Inc. in Manhattan, Kansas. The content on the Site includes, but is not limited to: text, graphics, logos, audio and video clips, software server information, and anything else hosted on or delivered through this Site and any other web domains accessed through this site. All rights to our content, services, and server information are reserved and are the sole property of Purple Wave, Inc.

All copyrighted materials presented directly on the Site or linked by the Site remain property of their respective owners.

Relationship Between Purple Wave and Sellers
Purple Wave is an exclusive agent of the sellers using the Site. Purple Wave almost never evaluates the quality of the items auctioned on the Site or verifies any claims made by each seller regarding its items.

HOW CAN YOU USE THIS WEBSITE?

Bidder Duties and Responsibilities:
Bidders agree to keep their Bidder name and password confidential and are solely responsible for any activity generated utilizing their Site bidding account.

When using the Site you must obey all applicable federal, state and local laws. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to the Site. The Site was created and will be operated from the United States.

Unacceptable Uses for The Site
Users may not engage in fraudulent, deceptive or intentionally disruptive or malicious activity of any kind.

Users are prohibited from engaging in activity that compromises the Site. Such activities include, but are not limited to, hacking, distribution of malicious software, spamming, mailbombing or crashing.

Users may not engage in any activity designed to impede the use of the Site by other users. Users are prohibited from engaging in any activity that jams the Site, including overloading and flooding.

Users are prohibited from framing or deep linking into the Site.

Any access to the Site by means of any process, including but not limited to, manually scraping, spiders, bots or any similar devices, is prohibited unless Purple Wave consents to such use in writing.

Anyone duplicating the pages, modifying the Site, or the content of the Site, must have written permission, prior to his or her activity, from Purple Wave.

System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere with the proper working of the Site.

INTELLECTUAL PROPERTY

The software and source codes used on this Site are the intellectual property of Purple Wave and its licensors. Any modification or attempt to modify or acquire this Site through duplication, transfer, reverse engineering, disassembly, or otherwise is prohibited. Users may not create derivative works from this Site. Users may not attempt to access or duplicate the software available through the Site in an attempt to sell or transfer any rights in such software.

Trademarks
The trademarks and service marks found on the Site are property of Purple Wave or their respective owners, whether registered or unregistered. Neither Purple Wave nor the owners grant you permission to use these trademarks or service marks. You should not interpret anything in the Site as granting a license or right in these trademarks. Licenses should not be considered granted on theories of implication or estoppel. The “Purple Wave” logo and the trademark “Purple Wave” may not be used in any way without express written permission from Purple Wave.

Copyright
Any content contained within the Site is covered by Purple Wave’s registered copyright or by the respective copyright holders. Purple Wave does not release its legal copyrights in any way, either by implication, estoppel or otherwise. Any attempt to modify or subvert the content of the Site is a violation of Purple Wave’s copyright. This copyright extends to the software programs and the source codes contained within the Site.

RIGHTS AND RESPONSIBILITIES

Purple Wave is not responsible for and expressly disclaims liability for any indirect, incidental, consequential or punitive damages. Purple Wave disclaims any express or implied warranties, any warranty of merchantability, warranty of fitness for particular purpose, or warranty of non-infringement.

This is an “As-Is” Site. You accept that you use the Site to your own risk and without any guarantees or promises from Purple Wave or its sellers. This includes the functionality and operation of the Site. Purple Wave does not guarantee that the Site will be operational 100% of the time.

Purple Wave does not guarantee that you will always be able to access the auctions listed on the Site. The Site is usually available 24 hours a day, 7 days a week. However, we retain the right to make the Site unavailable from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of the Site.

Purple Wave, in its sole discretion, may terminate access for any reason to our Website. Purple Wave, in its sole discretion, may terminate your registration to bid and bidder account. You guarantee that the information you supply to Purple Wave is accurate. Users agree to indemnify and hold Purple Wave harmless from any lawsuit based on users’ negligence or activities.

Jurisdiction and Choice of Law Provisions
The Site is governed by the federal laws of the United States of America and the laws of the state of Kansas. All disputes concerning the Site shall be adjudicated in Riley County, Kansas.