Terms of website use

These terms of website use (“terms”) are a legally binding agreement between you and HeavyWorth. Use of the HeavyWorth website at HeavyWorth.com (“site”) will be considered acceptance of these terms. If you do not wish to be bound by these terms, 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, your and user — these terms refer to you
  • HeavyWorth, we, us, the company and our — these terms all refer to HeavyWorth

HeavyWorth has the right to alter these terms 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, particularly before you participate in an auction. Every time you use the site, you are agreeing to the terms as they exist at that time.

Information gathering

HeavyWorth 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.

Ownership of the site

The site is owned and operated by HeavyWorth 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 HeavyWorth.

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

Lawful use of this site

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.

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 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 HeavyWorth 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 HeavyWorth.

System integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the 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.

Accuracy of materials

The materials appearing on HeavyWorth’s website could include technical, typographical, or photographic errors. HeavyWorth does not warrant that any of the materials on its website are accurate, complete or current. HeavyWorth may make changes to the materials contained on its website at any time without notice. However, HeavyWorth does not make any commitment to update the materials.

Links

HeavyWorth has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HeavyWorth of the site. Use of any such linked website is at the user’s own risk.

Intellectual property

The software and source codes used on this site are the intellectual property of HeavyWorth 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 HeavyWorth or their respective owners, whether registered or unregistered. Neither HeavyWorth 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 HeavyWorth logo and the trademark HeavyWorth may not be used in any way without express written permission from HeavyWorth.

Copyright

Any content contained within the site is covered by HeavyWorth’s registered copyright or by the respective copyright holders. HeavyWorth 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 HeavyWorth’s copyright. This copyright extends to the software programs and the source codes contained within the site.

Rights and responsibilities

HeavyWorth is not responsible for and expressly disclaims liability for any indirect, incidental, consequential or punitive damages. HeavyWorth 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 HeavyWorth or its partners. This includes the functionality and operation of the site. HeavyWorth does not guarantee that the site will be operational 100% of the time.

HeavyWorth does not guarantee that you will always be able to access the evaluation tools and services. 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.

HeavyWorth, in its sole discretion, may terminate access for any reason to our website. You guarantee that the information you supply to HeavyWorth is accurate. Users agree to indemnify and hold HeavyWorth harmless from any lawsuit based on users’ negligence or activities.

Jurisdiction and choice of law provisions

These terms and conditions will be governed by and construed in accordance with the federal laws of the United States of America and the laws of the state of Kansas, including its statutes of limitations, but without regard to its rules governing conflict of laws. All disputes concerning the site shall be adjudicated in Riley County, Kansas.