Last Updated September 2, 2022
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.
The Company 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.
Users Outside the United States
The Company owns all rights to the Website, all rights to all the content, software, code, data and materials thereon, and the look and feel, design and organization of the Website. A user of the website does not have any ownership of any content, software, code, data, or materials on the website.
Only those who may lawfully enter into contracts may use the Website. Persons under 18 years old are not allowed to create an account, place bids, or perform other transactions on the Website. All users agree to comply with all applicable law, statutes and regulations regarding use of the Webite. You may access and view the content on the Website and make single copies or prints of the content on the Website for your internal use only. The Website and the services offered on or through the Website are only for your own internal use.
You declare that you are over the age of 18. The Company does not permit those under 18 to use the Website. We do not knowingly solicit data from or market to persons under 18 years of age. If we learn that personal information from users less than 18 years of age has been collected, we reserve the right to deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from persons under age 18, please contact us at info@AandOauctions.com.
Any commercial distribution, publishing or exploitation of the Website, or any content, software, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission of The Company. Other than as provided herein, you may not use the Website or the materials on the Website in any way. If you make other use of the Website 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. The Company 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 The Company, and in some cases others, and may not be used unless authorized so to do in writing by the owners of these rights. The 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 Website is strictly prohibited. The Company and other Trademark owners will aggressively enforce their respective Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
The use of Trademarks or links to the websites of others is not intended to imply, directly or indirectly, that those other websites endorse or have any affiliation with the Company.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2022 Ahlers & Ogletree Auction Gallery with all rights reserved, or is the property of ours and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the Company.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Elizabeth Rickenbaker, 700 Miami Circle NE, Atlanta, GA 30324
By Telephone: +1 404.869.2478
By Email: Elizabeth@AandOauctions.com
If you are the owner of a copyright or another intellectual property, or are otherwise authorized on behalf of either a copyright or an intellectual property, and you believe that the copyrighted work has been infringed, you must send a written notice via email to our copyright agent above and include a description of the proposed copyright infringement.
You also agree that you may be held responsible for damages, of which include costs and attorneys’ fees) for a wrongfully presented infringement notice.
The Company is not responsible for user-generated content on the Website. You agree that you acknowledge and understand that you are the sole responsible party for the content and interaction generated and undertaken by your account (if done by you or anyone else using your account).
Although regular backups and synchronizations of posted content are performed regularly, the Company does not and cannot guarantee that there will be no loss or corruption of collected data. The Company may provide support and troubleshooting efforts for issues that may affect the backups of content; however, you acknowledge and understand the Company holds no liability in the inability to fully restore content to its prior or to a usable state.
Prohibited User Conduct
Except as to the specific rights granted to use the Website, no other uses may be made of the Website.
You may not publish or share content that is unlawful, obscene, offensive, upsetting, threatening, libelous, defamatory, or otherwise objectionable. Further, the Company reserves the right to investigate and suspend or terminate your ability to post or publish content to the Website, or use the Website if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website:
- Impersonating any person or entity.
- “Stalking” or otherwise harassing any person.
- Expressing or implying that any statements you make are endorsed by us without our specific prior written consent.
- Use of any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- Posting, distributing or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Using inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity.
- Removal of any copyright, trademark or other proprietary rights notices contained on the Website.
- Interference with or disruption of the Website or the servers or networks connected to the Website.
- Posting, e-mailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Website.
- “Framing” or “mirroring” any part of the Website, without the Company’s prior written authorization.
- Using meta tags or code or other devices containing any reference to us or the Website in order to direct any person to any other web site for any purpose.
- Modifying, adapting, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Website or any software used on or for the Service or cause others to do so.
The Company reserves the right, but not the obligation, to determine whether or not content complies with these Terms, and meets standards of appropriacy.
In using the Website, you acknowledge and understand that you may be exposed to content you find offensive, obscene, or objectionable, and you agree that the Company holds no liability in any way for such content.
Right to Monitor and Editorial Control
The Company 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 the Company is not responsible for any such information and materials posted by users. The Company 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 the Company’s sole and absolute discretion are objectionable or in violation of the Terms, Company policies, or applicable law. The Company may refuse or remove any content from the Website at our sole and absolute discretion, whether or not such content violates these Terms. The Company reserves the right to limit, place on probation, or revoke the use of the Website if you post objectionable content, at our sole and absolute discretion. Your access to any aspect of the 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 the Website, it shall (i) only read “Ahlers & Ogletree Auction Gallery’s Website” or “Ahlers & Ogletree Auction Gallery” in plain text, (ii) open in a new browser window; (iii) link to the full version of an HTML formatted page of the Website and (iv) only show information from our Website and no other information. You agree not to download or use images from the 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 and absolute discretion and for any reason, upon written notice to you u (including notice given thorough email or other electronic means). To find out more information about our linking policies, or to seek our permission, please contact us at info@AandOauctions.com.
You agree to defend, indemnify on demand and keep the Company indemnified, and hold the Company, the Company’s 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 Website, 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. The Company 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 The Company’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 Website, 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 the Company. You agree to pay all applicable taxes. If payment is not received by us from by payment means acceptable to the Company, 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.
When you place an order on the Website, you may be asked to establish an account, and give relevant information for your order, such as your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, your shipping information, and other required information.
You agree to represent and warrant that you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order you make and that the information you provide us is true, accurate, and encompassing.
If you order products, You represent and warrant that (i) you are not located in a country subject to a United States government embargo, or a country that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Payments can be made via various payment methods available, such as Visa, MasterCard, American Express cards. By providing credit card information, you grant us the right to supply the information to third-party payment processors to complete your order. Your payment cards (credit or debit) are subject to validation checks and authorization by the authority that issued you your card. In the event we do not receive the necessary authorization from the issuer, we may cancel your order, and if We do so, We will not be liable for any delay or non-delivery of your purchase.
We reserve the right to refuse or cancel your order if we suspect fraudulent, unauthorized, or illegal activity.
Availability, Errors, and Inaccuracies
Given periodic updating on the Website, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. We retain the right to modify or update information and to remedy errors, omissions, or erroneous information at any time and without prior notice.
Third Party Websites
You may be able to link from the Website to third party websites and third party websites may link (“Linked Websites”) 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 Websites, even if they are owned or operated by affiliates of ours. Links to Linked Websites 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. THE COMPANY 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, THE COMPANY 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 THE COMPANY OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY THE COMPANY “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 THE COMPANY OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, 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 THE COMPANY 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 Website are appropriate for use in all locations. Persons who choose to access the Website do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Company may terminate, change, suspend, add to or discontinue any aspect of the Website or the Website’s services at any time, in our sole and absolute discretion, and without liability to any user. The Company may restrict, suspend or terminate your use of or access to the Website and/or its services for any reason without notice or liability.
The Company 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 Website and/or the services offered on or through the Website after any changes to the Terms are posted will be considered acceptance of those changes.
This section describes how we deliver communications to you electronically.
Electronic Delivery of Communications
In order to utilize certain features of the 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 Company account (“Account”) and our business with you. Communications include:
- Buyer invoices;
- 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 “Ahlers & Ogletree Auction Gallery, Attn: Electronic Communications, 700 Miami Circle, Atlanta, GA 30324”, emailing us at info@AandOauctions.com or calling us at 404.869.2478. 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.
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 60 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 The Company 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.
The Terms and the relationship between you and us shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. We make no representation that the Website are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Website you agree to do so subject to the internal laws of the State of Georgia.
If there is any dispute arising out of the Website, by using the Website, you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Georgia, in Fulton County, for the resolution of any such dispute. You agree to submit to the personal and exclusive jurisdiction of such courts.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
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.
The Terms will inure to the benefit of, and are intended to be enforceable by, the Company’s successors, assigns and licensees.
If you have a concern or dispute about the Website, the Company or products ordered from the Company, before filing any legal action or disputing the charge with your credit card issuer, you agree to first try to resolve the dispute informally by contacting the Company.
In the event that a provision of these Terms is found to be unenforceable or invalid, the provision will be changed to reflect and accomplish the objectives of such provision under the relevant and applicable law and the remaining provisions will continue in full force and effect.
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 the Company must be made in writing and signed by an authorized representative of the Company specifically referencing the Terms and the provision to be waived.
Changes to these Terms
We reserve the right, at our discretion, to modify, replace or update these Terms at any time. If the revision is material, we will provide notice to users about any new terms taking effect under the new version of these Terms. What constitutes a material change will be determined at the Company’s discretion.
By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised, modified, or updated terms. If you do not agree to the new terms, either in whole or in part, please stop using our website and services.
You may direct questions about the Terms, or other issues, to us by emailing us at info@AandOauctions.com or by writing to us at:
Ahlers & Ogletree Auction Gallery
700 Miami Circle
Atlanta, GA 30324