You must agree to the terms below to continue with the installation.

DISCLAIMER, RELEASE AND INDEMNITY

AUCTION MANAGEMENT SOLUTIONS, INC. (“AMS”), through its software and related systems (the “System”), provides an on-line forum for auction houses and others to conduct auction events (the “Auctions”). AMS does not serve as auctioneer, broker or similar agent for the Auctions, and AMS has no control over the quality, safety or legality of items auctioned, the truth or accuracy of claims made relating to items included in the Auctions, or the right and license of the auctioneer to conduct the Auctions and/or sell items in conjunction therewith. AMS does not participate in the transfer of legal ownership or physical delivery of items sold in the Auctions. AMS does not guarantee continuous or secure access to or operation of the System, and AMS will not be liable for any temporary delays, outages or interruptions of service with respect to the System and the Auctions. AMS hereby expressly disclaims any and all warranties with regard to the Auctions and the items sold therein, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. In no event shall AMS and its agents or assignees be liable for any special, indirect, consequential or incidental damages, including without limitation loss of revenue, damages for lost profits, loss of use or otherwise resulting or arising from any use of the System and/or participation in the Auctions, whether such damages arise in contract, negligence, under statute, in equity, tort, at law or otherwise. With respect to each person using the System to participate in an Auction (“user”), any claims the user may have arising from such use and participation shall be brought solely against the auctioneer and not against AMS. As a condition of use of the System and participation in any Auction, user hereby releases AMS and AMS’ officers, employees, agents and representatives from any and all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes with the auctioneer. If the user is a California resident, user hereby waives California Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Each user hereby agrees to indemnify and hold AMS and AMS’ officers, directors, agents and employees harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of user’s participation in an Auction or user’s violation of any law or the rights of a third party. In order to continue to download the software, user must click the “I Agree, Continue Installation” button below, whereby user is acknowledging that user has read and agrees to be bound by and comply with the foregoing Disclaimer, Release and Indemnity.

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