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Terms and Conditions

Terms and Conditions

  1. The bidder accepts the conditions of sale stated as follows by offering bids via the internet.
  2. Items are sold to the highest bidder.
  3. Some items have a specific “opening” or “reserve” bid. If you are the first person to bid that amount, the item will be sold to you at that price unless another bidder raises your bid.
  4. Tie bids are decided by the earliest bid received.
  5. Bidders must pay packing, postage, and insurance costs.
  6. Orange Umber reserves the right to accept or reject any or all bids by any bidder.
  7. Bids may not be canceled.
  8. Bidding sales are not approval sales. Winning bids must be honored by bidders. We cannot assume any responsibility for errors made in the amount bid. No returns will be permitted for any reason after settlement is made with our consignors or sellers.
  9. If an item is damaged in transit or missing from your order, DO NOT DISCARD ANY PACKING MATERIALS. CONTACT THE SELLER IMMEDIATELY.
  10. If the item you received was not as described, contact the seller.
  11. Orange Umber reserves the right to cancel the auction or reschedule the closing dates without recourse from any bidder or prospective bidder.
  12. Should Orange Umber be prevented by fire, theft, or any reason from delivering any property to the buyer, any liability of Orange Umber shall be limited to the amount actually paid for the property by that buyer.
  13. For Orange Umber Auctions, full payment is due within 14 days after the closing date of the auction.
  14. NOTE: All bids are contractual obligations and all bidders are obligated to honor their bids as contracts to buy the items involved. Invoices overdue by 14 days or longer may be submitted to an independent collection agency and result in additional liability for legal fees and/or result in the forfeit of the item(s) involved.
  15. Orange Umber reserves the right to cancel or suspend seller accounts for non-payment or breach of these terms.

TERMS OF USE

Orange Umber, LLC. maintains this website (the “Site”) to provide Orange Umber’s customers and invitees with information regarding Orange Umber’s products and services, online discussion groups, and other matters of interest. Your access to and use of the Site is subject to the following Terms of Use, the provisions of our privacy policy, and all applicable laws. By accessing the Site, you accept these conditions, all of which may be modified in Orange Umber’s sole discretion from time to time. You are encouraged to review these Terms of Use periodically to view the most current version. Any new features that enhance the Site shall be subject to these Terms of Use and Orange Umber’s other policies. You should not visit or use this Site unless you are willing to abide by these conditions.

  1. User Conduct You agree to not use the Site in a manner that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, and invasive of another’s privacy, hateful or racially, ethnically, or otherwise objectionable. You agree that you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to disguise the origin of anything transmitted through the Site. You will not use the Site to transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and you agree that you will not email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party. Your participation in any discussion groups through the Site will not interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

When participating in online discussion groups available through the Site, you are expected to show respect to all participants and members of the Orange Umber community. Your responses to a particular thread should be on-topic and pertain to the discussion and you should use the New Topic button to start a new discussion. Promotion of Orange Umber related materials or services is highly discouraged. Posting the same message to many topics or boards is considered spam. Subject to the remaining provisions of these Terms of Use, once a message is posted, it will remain on the site indefinitely.

You understand that information, data, messages, or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Orange Umber are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will Orange Umber be liable in any way for your use of the Site, including but not limited to any errors or omissions in any information available from the Site or for any loss or damage of any kind incurred as a result of the use of the Site or any information obtained from the Site. Orange Umber reserves the right to modify, suspend and/or discontinue the Site, at any time, in its sole discretion.

  1. Privacy The terms of Orange Umber’s privacy policy also apply to any personal information that you may provide about yourself in connection with your use of the Site. This policy is subject to change from time to time in our sole discretion.
  2. Termination Orange Umber, in its sole discretion, may terminate your participation in the Site use for any reason, but especially if Orange Umber believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Orange Umber may also in its sole discretion and at any time discontinue providing the Site or any discussion board, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that Orange Umber may immediately deactivate or delete your account, if any, and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Orange Umber shall not be liable to you or any third party for any termination of your access to the Site.
  3. Notices and Procedures for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Orange Umber through our contact form. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Orange Umber respects the intellectual property of others and asks its users and visitors to do the same. Orange Umber will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Orange Umber will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

Notices of claimed copyright infringement should be directed to:

By mail: ATTN: Troy Yohn – Copyright Claim 1653 Lititz Pike, #2121 Lancaster, PA 17601

  1. Dealings with Advertisers Your correspondence or business dealings with, or participation in promotions of sponsors, suppliers, partners, or advertisers (collectively “Advertisers”) found on or through your use of the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Advertisers. You agree that Orange Umber shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such third parties participating on the Site. However, we may be privy to and use personal information provided by you to such parties.
  2. Links The Site may contain links to other internet websites or resources. When you link to those sites, you leave the Site and the Site and therefore Orange Umber’s Privacy Policy no longer applies; you become subject to the practices of those companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information gathering practices. Orange Umber has no control over such sites, their content, and resources or the business practices or policies of operators of such sites. Therefore, Orange Umber cannot be and expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that Orange Umber endorses the linked site. Your use of the links is at your own risk. You further acknowledge and agree that Orange Umber shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such goods, services, or materials available on or through any such link, site, or resource.
  3. Orange Umber’s Proprietary Rights You acknowledge and agree that the Site and any necessary software used in connection with the Site and the Site (“Software”), all images, photography, regardless of source, graphics, artwork, text, Marks (defined below), and other information and material found within the Site or on the Site and all intellectual property relating thereto (all of which are considered “Licensed Content”) but excepting information transmitted within the Site or to the Site by any parties other than Orange Umber and Orange Umber’s employees or suppliers, is owned by Orange Umber or its subsidiaries or affiliates or its suppliers and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All Orange Umber logos, trade names, trade dress, product and service names displayed through the Site and the Site (collectively, the “Marks”) are proprietary to Orange Umber, its subsidiaries and affiliates. In addition, Orange Umber may license from third parties the rights to use their marks on their products (“Third Party Marks”). Subject to compliance with these Terms of Use, Orange Umber grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Site and Licensed Content solely for your use. You may not relicense, rent or lease any Licensed Content or use the Licensed Content for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.

You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify, or publish the Licensed Content, with or without consideration, or otherwise use the Licensed Content except in connection with your access to and participation in the Site. Orange Umber grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright, and other proprietary rights in the Site and Licensed Content, including all updates and modifications thereto.

  1. Consent and Release For adequate consideration received, you hereby give Orange Umber, its parent, and their direct and indirect subsidiaries and affiliates and those acting with its authority (collectively, “Orange Umber”) the absolute, unrestricted, irrevocable and worldwide right, with respect to any information concerning you, including your name and biographical and employment information, and any photographic image made of you, or any work product created by you (including text material and photograph), and whether digital or otherwise (collectively, the “Information”): (a) to display, reproduce, broadcast, publish, edit, modify, or prepare derivative works or otherwise use the information, in whole or in part, individually or in connection with, or as a composite of other photographs or other matter, including text, data, images, illustrations, animation graphics, in video or audio segments of any nature, on any of Orange Umber’s marketing materials, websites, or in any other public or private medium, including all formats of print, computer-readable electronic, magnetic, digital, laser, or optical-based media (the “Work”) and for any purpose whatsoever, including but not limited to product promotion and advertising (the “Permitted Use”); (b) to register the copyright of the Information and any Work in Orange Umber’s name or any other names that it may choose; and (c) to use and permit your name to be used in connection with the Information and any Work, whether an original or modified form as Orange Umber so chooses.

You hereby release and discharge Orange Umber, its agents, employees, officers, shareholders, successors, and assigns from any and all claims and demands you may now or hereafter have arising out of or in connection with the Permitted Uses of the Information or any Work, including, without limitation, any and all claims for the right of privacy, publicity, libel or slander, and any and all claims and/or demands for royalties associated therewith.

You agree that there shall be no obligation to utilize the authorization granted by you hereunder. The terms of this authorization shall commence on the date this consent and release are transmitted to Orange Umber hereof and will be without limitation. This consent and release shall also inure to the benefit of the legal representatives, licensees, and assigns of Orange Umber as well as the person(s) who recorded or otherwise assisted in the publication of the Permitted Uses of the Information and any Work.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORANGE UMBER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE. (b) ORANGE UMBER MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ORANGE UMBER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR ORANGE UMBER’S PRIVACY POLICY.

ORANGE UMBER ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION, TIMELINESS, DELETION, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ORANGE UMBER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ORANGE UMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY IN ANY DISCUSSION BOARD; OR (v) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW PROACTIVE RELEASE FROM LIABILITY, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows: 1542. (Certain Claims not Affected by General Release). 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. If in any way applicable, the parties agree that the benefits of the provisions in SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR FEDERAL OR STATE STATUTE ARE HEREBY WAIVED by the parties and each of them acknowledge and agree that this release will be delivered in the state of California and that this waiver is an essential and material term of this release.

  1. Notice Notices to you may be made via regular mail. Notice or other correspondence to Orange Umber should be mailed to: ATTN: Troy Yohn – Privacy Policy 1653 Lititz Pike, #2121 Lancaster, PA 17601
  2. General Information These Terms of Use together with the Orange Umber’s Privacy Policy, constitute the entire agreement between you and Orange Umber and governs your use of the Site, superseding any prior agreements between you and Orange Umber. These Terms of Use and the relationship between you and Orange Umber shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and Orange Umber agree to submit to the personal and exclusive jurisdiction of the courts located within Lancaster County, State of Pennsylvania. The failure of Orange Umber to exercise or enforce any right or provision stated herein shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction 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 terms of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or these Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles stated herein are for convenience only and have no legal or contractual effect.

References in these Terms of Use shall refer to Orange Umber and each Orange Umber affiliated company which utilizes these Terms of Use on its website, and references in these Terms of Use to the “Site” shall refer to any site on which these Terms of Use appear. By submitting information through or using the Site, you agree to the terms of these Terms of Use. If you do not agree to be bound by the terms of the Site, you should not use the Site.

The parties acknowledge that they have required that these Terms of Use be prepared and provided in English. Les parties reconnaissent qu’elles ont exige que la presente convention soit redigee in anglais.

 

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