Terms and Conditions
1. Prelude to Terms
Before using this site, please read these terms and conditions of Ayers LP. You Signify your acceptance of these terms and conditions of service by clicking the “Accept” button and continuing to access or use this site, or any service available on this site. At any time and from time to time, Ayers LP may modify the terms and conditions of access and use of this site. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on the site, after Ayers LP has the posted modifications to these terms and conditions of service will constitute your acceptance of any and all additional terms and conditions of service, as modified. If, at any times, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Ayers LP and shall be devoid of all force and effect to the fullest extent allowed by applicable law.
2. Service Description
Ayers LP currently provides access to an internet based credit card payment service for tenants and mortgagees, which facilitates payments for monthly rents, monthly mortgage payments, security deposits, and other payments. You as the tenant or customer of Ayers LP are eligible to use this service . Your credit card made through this service will be remitted to Ayers LP in accordance with our agreement. You will receive a timely email confirmation from Ayers LP acknowledging the receipt of credit card. Unless explicitly stated otherwise, any new features, which enhance or augment Ayers LP current service offering shall be subject to the terms and conditions of service. You must obtain access to the internet in order to use the shopping cart, either directly or through other devices that access the internet. You must also pay any service fees associated with such access. In addition, you must supply all necessary equipment to connect to the internet, including a computer, a modem or other access denied.
3. Registration Responsibilities
In consideration of your use of the shopping car, you agree to: (I) provide information about yourself that is true, accurate, current and complete as prompted by the shopping cart’s sign up form and (ii) where applicable and appropriate, maintain and promptly update the sign up information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if Ayers LP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ayers LP reserves the right to suspend or terminate your Ayers LP account and refuse any and all current or future use of the shopping cart. You may not use the shopping cart for any illegal purpose or in any manner inconsistent with the terms and conditions of use.
4. Fees and Payments
Ayers LP reserves the right at any time to charge and/or increase fees for access to portions of the shopping cart. You shall pay all fees and charges incurred through you’re account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any services offered through the shopping cart by Ayers LP or by any other vendor or service provider. You shall pay all applicable taxes relating to the use of the shopping cart through your account, and the purchase of any other services. Late fees may be assessed for rent or mortgage payments made by credit card which occur after the late dates and or grace periods as established in our agreement.
5. Payment Cancellation, Credit and Refunds
For payments you believe were improperly made, Ayers LP may, in its sole discretion, void, rescind or issue a credit for your rent payment made through the shopping cart at any time. If a rent or mortgage payment dispute arrises after credit card payment is made, the responsibility to settle the payment dispute rests with you. You waive the right to cancel credit card payments which have been cleared.
6. Membership Account, Password and Security
You will create a password and account designation when completing the sign up process for the shopping cart. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities occurring under your password or account. You agree to notify Ayers LP immediately if you notice unauthorized use of your password or account or any other breach of security. Ayers LP cannot and will not be liable for any damage or loss arising from your failure to comply with this section.
You acknowledge that Ayers LP has the right to change the content of any aspect of the shopping cart terms at any time sole discretion. You further accept that any such changes may result in your being unable to access the shopping cart.
If any provision of the terms and conditions of shopping cart use, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this agreement will remain in full force.
The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an “As Is”” basis with no warranty. To the maximum extent permitted by law, Ayers LP disclaims all representations and Warranties, Expressed or Implied, with respect to such information, services, products, and materials, including but not limited to Warranties of Merchantability, Fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. It and its employees, representatives, agents and suppliers, against any claim, suit, action or other proceeding brought against Ayers LP its employees, representatives, suppliers and agents, by a 2nd or 3rd party, to the extent that such claim, suit, action or other proceeding brought against Ayers LP, its employees, representatives, suppliers and agents is based on or arises in connection with the shopping cart; (ii) your use or someone using your account, where applicable; (iii) a violation of the terms and conditions of service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the shopping cart by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any 2nd or 3rd party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the shopping cart by you or someone using your computer (or account, where applicable); (vi) any misrepresentation, including false or inaccurate sign up information, or breach of representation or warranty made by you contained herein; or (vii) any covenant or agreement to be performed by you under these terms and conditions of service. You agree to pay any and all cost, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and const awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
10. Jurisdiction and Governing Law
You irrevocably agree that all actions or proceedings arising out of, from, or related to these terms and conditions of shopping cart service shall be litigated in local, state or federal court having jurisdiction within the State of Tennessee. You further hereby consent and submit to the jurisdiction of any local, state or federal courts located within said state and hereby waive any right to transfer or change the venue of any such litigation. All actions or proceedings arising out of , from or related to these terms and conditions of service shall be governed and controlled by application of the laws of the State of Tennessee as to interpretation, enforcement, validity, construction, effect and in all other respects.
11. Entire Agreement
These terms and conditions of service including the sign up information contain the entire understanding and agreement between you and Ayers LP with respect to its subject matter, superseding all prior representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
12. Consent Representations and Warranties
By clicking the “Accept” button you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of the Ayers LP shopping cart. You further represent and agree that: (I) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all US law regarding the transmission of any data obtained from the shopping cart in accordance with the terms and conditions of shopping cart, (iv) you will not use the shopping cart of illegal purposes. - See more at: http://ayersauctionrealty.com/index.php?subp=1&sct=&pg=ap&pid=25858&ap_sub=cat#sthash.ZwpiMB4m.dpuf