Last Updated October 21, 2019
Please read the Terms carefully. You may be required to create an account to use certain features of the services we provide through the Website. By using such services, you acknowledge that you have read and accept and agreed to be bound by the Terms. If you do not agree to be bound by the Terms, then do not create an account and do not access or use our services. Your use of certain areas or features of the Website may be subject to additional terms and conditions as posted.
LELAND LITTLE AUCTIONS has the right, at its sole discretion, to enhance, change or discontinue all or part of the services we provide through the Website at any time. We may update or change the Terms from time to time. When we make a change to the Terms, we will inform you by changing the date at the top of this page noting when the new Terms were last updated.
No Children Under 13
Users Outside the United States
LELAND LITTLE AUCTIONS owns all rights in this Site, all rights to all the content, software, code, data and materials thereon, and the look and feel, design and organization of the Site. A user of this site does not have any ownership of any content, software, code, data, or materials on the Site.
Only those who may lawfully enter into contracts may use this site. Persons under 18 years old are not allowed to create an account, place bids, or perform other transactions on the Site. All users agree to comply with all applicable law, statutes and regulations regarding use of the Site. You may access and view the content on the Site and make single copies or prints of the content on the Site for your internal use only. The Site and the services offered on or through the Site are only for your own internal use.
Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of LELAND LITTLE AUCTIONS. Other than as provided herein, you may not use this site or the materials on this site in any way. If you make other use of the Site you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. LELAND LITTLE AUCTIONS will aggressively enforce its intellectual property rights to the fullest extent of the law, including by pursuing criminal prosecution.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of LELAND LITTLE AUCTIONS, and in some cases others, and may not be used unless authorized so to do in writing by the owners of these rights. This Website does not by implication, estoppel, or otherwise, grant any license or right to use any Trademark displayed on the Website without express written permission of the owner of the same. Your misuse of the Trademarks displayed on the Site is strictly prohibited. LELAND LITTLE AUCTIONS and other Trademark owners will aggressively enforce their respective Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
Prohibited User Conduct
Except as to the specific rights granted to use this Website, no other uses may be made of this Website.
Right to Monitor and Editorial Control
LELAND LITTLE AUCTIONS has the right, but not the obligation, to control all things posted to the Website or through the Website’s services or features by users, and LELAND LITTLE AUCTIONS is not responsible for any such information and materials posted by users. LELAND LITTLE AUCTIONS reserves the right to disclose any information to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information that in LELAND LITTLE AUCTIONS’s sole discretion are objectionable or in violation of the Terms, LELAND LITTLE AUCTIONS’s policies, or applicable law. Your access to any aspect of this Website may be denied without notice, penalty, or liability in our sole discretion for any reason.
Linking to the Website
You agree that if you include a link from any other Website to this Website, it shall (i) only read “LELAND LITTLE AUCTIONS’ Website” or “LELAND LITTLE AUCTIONS” in plain text, (ii) open in a new browser window; (iii) link to the full version of an HTML formatted page of this Website and (iv) only show information from our Website and no other information. You agree not to download or use images from this Website on another Website, for any purpose. We reserve all rights to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other Website at any time in our sole discretion and for any reason, upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: LELAND LITTLE AUCTIONS, 620 Cornerstone Court, Hillsborough NC 27278.
You agree to defend, indemnify on demand and keep LELAND LITTLE AUCTIONS indemnified, and hold LELAND LITTLE AUCTIONS and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless, from any and all claims, liabilities, costs, losses (including, without limitation, consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the services thereon, your placement or transmission of any message, content, information, software or other materials through the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of law (including infringement of any intellectual property or other right of any person or entity) or of the Terms. LELAND LITTLE AUCTIONS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LELAND LITTLE AUCTIONS’s defense of such claim.
Orders for Products and Services
We may make certain products available for purchase through the Website to visitors and registrants of the Site, including, for example, auction items. You may bid on and purchase products if you are 18 years old or older. You agree to pay in full the prices for any purchases you make by payment means acceptable to LELAND LITTLE AUCTIONS. You agree to pay all applicable taxes. If payment is not received by us from by payment means acceptable to LELAND LITTLE AUCTIONS, you agree to pay all amounts due upon demand by us. Products that you purchase on or through the Website are subject to additional terms and conditions presented to you at the time of account creation and bid placement. Purchases of auction items are subject to the terms and conditions set forth in the applicable Conditions of Sale and any other conditions that govern each auction as presented separately in connection with such auction.
Third Party Websites
You may be able to link from the Website to third party websites and third party websites may link (“Linked Sites”) to the Website. You agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LELAND LITTLE AUCTIONS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, LELAND LITTLE AUCTIONS AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE ON THE SITE OR IN CORRESPONDENCE WITH LELAND LITTLE AUCTIONS OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY LELAND LITTLE AUCTIONS “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND LELAND LITTLE AUCTIONS OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LELAND LITTLE AUCTIONS, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES OR ANY OTHER DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO LELAND LITTLE AUCTIONS FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE (NOT INCLUDING AUCTION ITEM PURCHASES).
We do not represent that materials on the Site are appropriate for use in all locations. Persons who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
LELAND LITTLE AUCTIONS may terminate, change, suspend, add to or discontinue any aspect of the Site or the Site’s services at any time, in our sole discretion, and without liability to any user. LELAND LITTLE AUCTIONS may restrict, suspend or terminate your use of or access to the Site and/or its services for any reason without notice or liability.
LELAND LITTLE AUCTIONS reserves the right, at its sole discretion, to change the Terms at any time. When we make a change to the Terms, we will inform you by changing the date at the top of this page noting when the new Terms were last updated. Changes in the Terms will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms are posted will be considered acceptance of those changes.
The Terms and the relationship between you and us shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms shall be commenced and be heard in the appropriate court in the State of North Carolina, County of Orange. You agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County in the State of North Carolina. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms by LELAND LITTLE AUCTIONS must be made in writing and signed by an authorized representative of LELAND LITTLE AUCTIONS specifically referencing the Terms and the provision to be waived. Headings used in the Terms are for convenience only and are not to be relied upon or used to construe any provision of the Terms. If any provision of the Terms is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms will inure to the benefit of, and are intended to be enforceable by, LELAND LITTLE AUCTIONS’s successors, assigns and licensees.
This section describes how we deliver communications to you electronically.
Electronic Delivery of Communications
In order to utilize certain features of our Website or to access certain services we offer, you may be required to create an account. If so, you must agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your LELAND LITTLE AUCTIONS account ("Account") and our business with you. Communications include:
Consignor settlement statements; and
Any other bidding, buying, or consignment information.
Notifications regarding any concerns with the Website or personal information collected by us through the Website, including, as required by law in the event that any of the personal information you provided to us is exposed to unauthorized third-parties. In the event of such unauthorized exposure, we expressly reserve the right to provide notice to you electronically via the email address associated with your Account if permitted to do so by law.
We will provide these Communications to you by posting them on the Website and/or by emailing them to you at the primary email address associated with your Account.
In order to view and retain electronic Communications, you will need the following:
A current version of a web browser that we support;
A current version of Adobe Acrobat Reader or another comparable PDF reader;
A valid email address associated with your Account; and
Sufficient storage space to save Communications, or an installed printer.
We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of the Communications for your records as they may not be accessible online at a later date.
How to Withdraw Your Consent
You may withdraw your consent to receive some or all Communications electronically by following the unsubscribe instructions included in a particular email, writing to us at "Leland Little Auctions, Attn: Electronic Communications, 620 Cornerstone Court, Hillsborough, NC 27278", emailing us at firstname.lastname@example.org or calling us at (919) 644-1243. If you fail to provide or if you withdraw your consent to receive Communications electronically, however, we reserve the right to decline approval to bid in our auctions, decline your offer to consign items for sale in our auctions, restrict or deactivate your Account, or charge you additional fees for paper copies.
Requesting Paper Copies of Electronic Communications
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent to you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file in your Account. If you request paper copies, you understand and agree that we reserve the right to charge you a Records Request Fee for each Communication.
Updating Your Contact Information
It is your responsibility to keep your primary email address up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add LELAND LITTLE AUCTIONS to your email address book so that you will be able to receive the Communications we send to you.
You can update your primary email address or street address at any time by contacting us as described above. If your email address becomes invalid such that our electronic Communications sent to you are returned, we may deem your Account to be inactive, and you will not be able to transact any activity using your Account until we receive a valid, working primary email address from you.
You may direct questions about the Terms, or other issues, to us by emailing us at email@example.com or by writing to us at:
LELAND LITTLE AUCTIONS
620 Cornerstone Court
Hillsborough, NC 27278