Terms of Use

The Auctionary LLC (The Auctionary) provides all services available at our website www.TheAuctionary.com (the "Site"). Use of the Site and our services provided now or in the future ("Service" or "Services") is governed by these Terms of Use ("Terms"). These Terms apply to Customer (also referred to as "You"), Customer’s employees ("Employee Users") and third party users ("Third Party Users") (collectively "Users") utilizing Customer’s Account (as hereinafter defined).

By completing the registration process, you represent and warrant that you are 18 years of age or order, have the authority to, or are authorized to bind customer to these terms and conditions, and have read, understand and agree on behalf of customer to be bound by these terms and conditions.

 Modifications to this Agreement

The Auctionary, at its sole discretion, reserves the right to change, modify, amend or otherwise alter this Agreement at any time. The most current version of this Agreement can be reviewed by clicking the "Terms of Use". Customer/technical support is available at support@theauctionary.com.

Free Trial

"The Auctionary" provides a one-time free 14 days trial offer. If you have previously created a free trial, you may be required to convert your free trial to a paid account or your free trial account may be canceled. Finally, if The Auctionary determines that you are using your free trial in a potentially illegal or unethical way, without notice your account may be terminated. We also reserve the right to terminate your free trial for other reasons not outlined above, at the discretion of The Auctionary.

At the end of the trial period, you will be asked to convert to a paid account by asking you for the billing information. At that time if you don’t setup a paid account, your account will be suspended. At the end of the trial you will be billed a pro-rated amount for the number of days left in the month. Thereafter You will be billed the normal amount on the 1st of each month.

From time to time, we may offer certain trial and/or promotional offers. The Auctionary reserves the right to discontinue or modify coupons, credits and promotional offers at our discretion and without notice.

Payment of Fees

The Auctionary offers its service on monthly basis which you will pay through authorized credit card. The fees applicable for the service are available on our site: www.TheAuctionary.com/pricing.

We reserves, the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have provided to us while registration). Your authorized credit card will automatically be charged fees on the 1st of the month or the expiration of the initial trial period, if any, whichever is earlier. Thereafter, the fees will start to debit automatically from your authorized credit card, in advance, on or about the 1st of each month.

Your customer account will be considered delinquent, if you or your credit card company fails to pay the amount billed to you and that amount remains unpaid at the beginning of the next accounting cycle. Your customer account may be suspended, archived or purged from the service if your account is delinquent for more than 30 days. We may impose a charge to restore archived data from delinquent accounts.

If you believe we have billed you incorrectly, you must contact as within 60 days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. If you need to make any inquire regarding to customer support department then email as on support@theauctionary.com

Refund Policy:

In the event you cancel the service, we or "The Auctionary" will not refund any Fees already paid by you.

Member acknowledges and agrees that no refund, offset or credit will be given for any cancellation of a special introductory promotional offer membership or for subscription downgrades.

Authorization, Credit Cards, Debit Cards, ACH Transactions

By signing up to the trial or for any direct service provided by "The Auctionary" and by providing either credit card, debit card or ACH transaction information, the User consents to the subsequent recurring billing for services/access provided by us, after the expiration of any trial period to the extent said period is applicable or in the event a trial is not applicable, User consents to recurring billing for services/access provided on an ongoing basis. Such recurring billing shall continue until such time as the User cancels the service in accordance with the cancellation policy.

User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for The Auctionary subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.

Term of Membership

The term of Member's access to the Site, Services and Content is based upon Member's express agreement and adherence to these Terms of Use and to Member's fully paid membership and/or other fees. Member's membership to the site shall be for the initial term as may be agreed by Member and "The Auctionary" through online registration, telephone order or otherwise, and shall automatically renew for indefinite successive renewal terms for the same period as the initial term or on a month to month basis, depending on agreed upon terms, unless terminated by Member or by us in accordance with the provisions of these Terms of Use.

However, if member accepts a special or introductory promotional offer for a membership, then at the conclusion of the initial term specified in such special introductory promotional offer, the membership shall automatically renew and member hereby authorizes by us, to charge member's credit card or bank account in advance on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly retail rate at the time of such renewal until terminated in accordance with the provisions of these Terms of Use.

Termination

Either we or member may cancel Member's membership at any time for any reason (unless otherwise stated in an applicable promotional offer). In the event of termination by Member or by The Auctionary, all fees due to The Auctionary up to the end of the then-current term billing cycle at time of termination shall remain payable to The Auctionary unless otherwise specifically stated in an applicable promotional offer.

In order not to be charged for the next month membership fee, you have to cancel your membership by the 25th of the current month.

You may cancel through your dashboard on www.TheAuctionary.com or by calling 800-250-1343 during the business hours of 9am to 5pm Eastern Time, Monday through Friday.

If at any time we believes, in its sole discretion, that the Member has violated any provision of these Terms of Use, The Auctionary may immediately terminate Member's membership and all other Services without any right of Member to a refund or other remedy, and all fees due to The Auctionary up to the end of the then-current billing cycle at the time of such termination shall remain payable to The Auctionary. Such termination will not limit any other right by The Auctionary under contract, tort or any other legal theory to pursue any claim or cause of action against the Member for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs.

Website Content

The information and materials contained in this website are for informational purposes and is intended for individual or private use only, data mining, screen scraping downloading or any other way designed to obtain big quantities of listings that exceeds the company's set number of listings viewed by one member on a 24 hour period is strictly prohibited. The access to and use of the information and materials contained in this web site are subject to change without notice. The company may discontinue or make changes to the information, products or services described in this web site at any time. The information, products or services in this web site shall not be deemed accurate or current except as of the date of posting and are subject to change without notice. The company does not guaranty that all listings listed here are foreclosures. The company does not undertake, and specifically disclaims, any obligation or responsibility to update or amend the information, products or services described in this web site. The company reserves the right to terminate any or all products services or offerings, if any, set forth in this website without prior notice. Furthermore, by offering information, products or services via this web site, no solicitation is made by the company to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law. The company does not guarantee the availability of any property listed herein. The number of listings varies with market conditions and the company makes no guarantees about the number of properties listed. Some geographic areas may have more listings than others and the company does not promise that there are listings in every geographical area.

Ownership of Content:

The services and the content are and shall remain the sole and exclusive property of "The Auctionary". Member shall have only the limited rights with respect to the Services and the Content as expressly granted in these Terms of Use, and all rights not expressly granted herein are reserved by The Auctionary. Member acknowledges and agrees that only The Auctionary shall have the right to alter, maintain, enhance or otherwise modify the services and the content. Member shall not disassemble, decompile, manipulate or reverse engineer the services or the content, and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the services or the content.

Under no circumstances shall Member sell, license, publish, display, copy, distribute, or otherwise make available the Services or the Content in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in these Terms of Use. Member will take all reasonable steps to protect the security of the services and the content, and to prevent unauthorized use or disclosure thereof. Member is responsible for all access to and use of the services and the content by means of Member's equipment or under Member's user ID and password, whether or not Member has knowledge of or authorizes such access or use. Member shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and Member shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by Member.

The Auctionary reserves the right to modify or to discontinue any and all services and/or content or any portion or attribute thereof, with or without notice to any member. The Auctionary shall not liable to any Member in the event that The Auctionary exercises its rights under this section.

Third Party Interaction; Links to Third Party Sites

In connection with your use of the Service, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the service. Any such activity and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. The Auctionary, shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third-party.

The Auctionary does not endorse any sites on the Internet that are linked through the service. We are providing these links to You only as a matter of convenience, and in no event shall The Auctionary be responsible for any content, products or other materials on or available from such sites.

Pictures

The company does not guarantee that all listings have pictures. Pictures will be posted whenever they are available.

Service Rules

There are a number of rules you must follow to use the services. You agree not to use the services in any way that:

Violates these Terms of Use;

Allows you to scrape, monitor, or copy any part of the services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the services;

Violates the restrictions in any robot exclusion headers of the services, or bypasses or circumvents other measures to prevent or limit access to the services;

Creates any derivative works from the Services;

Competes with our business or impacts our revenue;

Impairs our computer systems or transmits software viruses, worms, or other harmful files;

Interferes with any other party’s use and enjoyment of the services;

Attempts to gain unauthorized access to the services;

Uses any part of the services in unsolicited mailings or spam material;

Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary rights;

Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, promotes illegal substances, or submits or transmits pornography; or Violates any laws.