CANSMART PRIVACY POLICY, AUCTION RULES and TERMS & CONDITIONS (AGREEMENT)
 
This Agreement was last modified on September 19, 2020.
Please read these Terms of Service carefully and completely. This Agreement documents the legally binding terms and conditions attached to the use of the cansmartbeercans.com and auctions.cansmartbeercans.com (also referred to as "subdomain") websites, and shall apply to any use of the CanSmart Auction Service. By viewing or browsing the Site or accessing or using the Site in any way, you are agreeing to be bound by these Terms of Service.
 
 ACCEPTANCE OF TERMS OF USE 
CanSmart Auctions, CanSmart BeerCans, CanSmart Beer Cans, CanSmart, Jeff Lebo, CanSmart Breweriana, CanSmart Beer Cans & Breweriana, CanSmart Breweriana LLC (also "we", "us" "our") and any designated agent or designated auctioneer, if applicable, are hereinafter referred to as “CanSmart”. By your use of the CanSmart website, registering and or bidding on any auction lot, item or group of items, users (also referred to as “bidders”, “you”, "your") indicate an acceptance of all of the terms and conditions that follow. Please read these terms and conditions carefully. 
 
BY ACCESSING AND USING THE CANSMART SITE AND THE CANSMART AUCTION WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISION OF THIS AGREEMENT. IN ADDITION, WHEN USING OUR SERVICES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES. ANY PARTICIPATION IN THIS SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT APPLY FOR A USER ACCOUNT OR USE ANY OF THE SERVICES OFFERED BY CANSMART.
 
PRIVACY POLICY
We respect and are committed to protecting your privacy. CanSmart collects registration and payment information in order to enable users to participate in our online auctions and to give us the ability to contact with you via the email address and telephone numbers you provide. We will not sell or rent any personally identifiable information about users to any third party. Your registration information is password protected, giving only you access to your own personal information. CanSmart will never ask you for your password in an unsolicited email or phone call.
 
 
NOTIFICATION OF CHANGES TO THIS AGREEMENT
CanSmart reserves the right, at any time,for any reason and at its sole discretion, to amend, change, alter, modify, clarify or add to these terms and conditions. You are therefore advised to re-read this statement on a regular basis and before bidding in any CanSmart Auction. Amendments, changes, alterations, modifications, clarifications and additions to these terms and conditions will be available in the "Rules" section on the CanSmart Auctions website (auctions.cansmartbeercans.com). They may additionally be communicated via email to our registered users. Your continued use of the Site signifies your full understanding and acceptance of these amendments, changes, alterations, modifications, clarifications and additions, if any. 
 
Please read the current terms and conditions carefully before bidding, as they are a legally binding contract between you and CanSmart.
 
 
ALL USERS MUST REGISTER BEFORE BIDDING
 
All prospective users must fill out a registration form to apply for a User Account and agree to the privacy policy, auction rules and terms and conditions in order to bid in any CanSmart auction. Registration and User Accounts are provided by CanSmart to prospective users free of charge. We recommend registering at least 24 hours in advance of the close of the auction in which you want to participate.
HOW TO REGISTER FOR CANSMART AUCTIONS
You can register online 24 hours a day, seven days a week. Go to cansmartbeercans.com, go to our "Auctions" Page and click on the "Register For Our Auctions" button. This will take you to our registration form. Fill out the registration form in its entirety. Items in bold are required fields. Fill in the fields for First and Last Name, Company Name (if any) and Billing Address, including State, Zip Code and Country. Fill in your Email Address and confirm your email address. Fill in the Phone Number fields. Choose a User Name and Password and confirm your chosen password. Please note that you must check at least one box for collecting areas of interest. You can check as many boxes as you want to tell us what you collect. Fill in your shipping address. For your convenience, if your shipping address is the same as your billing address, you may simply click "Copy Billing to Shipping" and the system will fill it in for you. If you want to be notified by email if you are outbid by another user, check the RECEIVE OUTBID EMAILS box (recommended). If you want to be included on our mailing list to be informed of future auctions and other news, check the JOIN OUR MAILING LIST box (recommended). Keep your user name and password in a safe place and do not give anyone else access to your user name and password.

When you are finished filling out all of the required fields on the registration form, scroll down, read the Auction Rules, terms and conditions, (you are reading them now). CHECK THE BOX to confirm that you have read, understand and accept the rules, terms and conditions, then hit SUBMIT. You should receive a message saying:
 
 "Congratulations! You have successfully registered for CanSmart Auctions." If you don't get this message, that means YOU ARE NOT REGISTERED, and additional fields on the registration form must be completed.  If you have any problems when registering please email  jefflebo@aol.com. After you have successfully registered, you will be approved to start bidding if there is a current auction going on.  If you forget your username, password, or your Bidder ID, go to the MY ACCOUNT Page and follow the help prompts to retrieve your sign in information.
 
REGISTRATION TERMS AND USER CONDUCT
 
 In consideration of Your application for a CanSmart User Account and Your use of the CanSmart website and Auction Service, You agree:
 
1. To be at least 18 years of age.
2. To provide complete, accurate and current information about yourself (no assumed names are allowed).
3. To maintain the security of your CanSmart User Name and Password.
4. To maintain and properly update your registration information and any information you provide to CanSmart.
5. To accept all risks of unauthorized access to your User Account information.
6. To notify CanSmart immediately of any unauthorized use of your User Name and Password or any other type of security breach.
7. To allow CanSmart to send notifications to the email address and / or telephone number(s) you provide upon registration.
8. Not to use our website for any illegal purpose.
9. Not to use any method or technology to interfere or attempt to interfere with the proper functioning of the Site or any of CanSmart's auctions.
10. Not to manipulate or attempt to manipulate any bids in our auctions. A consignor may not place bids on his or her own items nor arrange to have bids placed on his or her behalf by any other person, device or technology.
 
DENIAL OF ACCOUNT AND TERMINATION POLICY
CanSmart reserves the right to approve or deny a User Account to any prospective user at its sole discretion and for any reason. At its sole discretion and for any reason, Cansmart retains the right to revoke, terminate or suspend any User Account and access or use of our Services without notice or liability, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Any breach of the agreement by you, including, but not limited to, user conduct, late payment or nonpayment, can result in termination of your User Account.
 
 CANSMART’S GRADING POLICY, DESCRIPTIONS AND CONDITION
 
CanSmart provides multiple detailed, well-lighted photographs of each item to be auctioned. Please view the photographs carefully before bidding. While we try to describe each item accurately, it is the bidder’s responsibility to inspect and assess the condition, originality and authenticity of each auction item. Because grading is by its very nature a subjective endeavor, and because collectors rarely agree about the grading of a particular item, CanSmart will not provide any opinion on the 1+ to 5 grading of any item. We will let the numbering up to you. Keep in mind that our photographs will show every little speck and spot, so items will often look much better in person or on your shelf than they do magnified on your computer screen. Please bid with this in mind.
BIDDING AT CANSMART AUCTIONS
 
In order to bid in any CanSmart auction you must first register and log in to your User Account. You may preview auction lots on our online auction site and bid up until two minutes before the live bidding starts. The current high bid will be shown for each lot in the auction. You may enter your maximum bid amount. If other users bid on that item, the auction software will automatically increase your bid only up to your maximum bid amount. If you checked the "RECEIVE OUTBID EMAIL" box on the registration form, you will be informed by email when another user outbids you.
 
Keep in mind that bidding in any CanSmart auction is a legally binding, contractual obligation. When placing a maximum bid, be sure that you are prepared to pay that amount, plus the buyer’s premium, tax (if applicable) and shipping, in the event that you should win the auction. Any bids, once submitted, are irrevocable and may not be withdrawn, even when they are submitted in error. For this reason, be very careful when making a bid.
 
If you are unable to bid online and prefer to bid by mail, you may request that a bidder form be sent to you up until fourteen (14) days before the close of the auction. You may send completed bidder forms to:
 
CanSmart Auctions
 
350 Roxberry Road
 
York Haven, PA USA 17370
 
Completed bidder forms must be received by us at least seven (7) days before the close of the auction. Please email Jeff Lebo at jefflebo@aol.com or call 717-210-1716 to confirm that we have received your bids.
AUCTION LOTS WITH A RESERVE
 
Most CanSmart auction items will be offered with no reserve. However, the seller/owner/consignor may, at their sole discretion, decide to set a reserve price, which is the minimum amount they are willing to accept for their item or lot. If your maximum bid amount is lower than the reserve amount (if any), we will notify you that your bid is still too low to meet the reserve. All items that do meet the reserve (if any), will be sold to the highest bidder.
 
 
PRESET BID INCREMENTS
 
The bid increment is the amount by which each bid amount increases as the current auction lot price increases. As the current bid price goes higher, the bid increment amount also increases. The following increments are pre-set by the auction software and shall apply to all CanSmart auctions, unless otherwise noted: 
 
 
All bid increments are posted in US Dollars (USD)
 
From $0 to $9.99 the bid increment shall be $1.00
From $10.00 to $49.99 the bid increment shall be $5.00
 
From $50.00 to $199.99 the bid increment shall be $10.00
 
From $200.00 to $499.99 the bid increment shall be $25.00
 
From $500.00 to $1,999.99 the bid increment shall be $50.00
 
From $2,000.00 to $4,999.99 the bid increment shall be $100.00
 
From $5,000.00 and up the bid increment shall be $250.00
 
 
 
 
LIVE BIDDING ON THE CLOSING DAY OF THE AUCTION
 
Some auctions will include a live bidding portion on the closing day of the auction. Pre-bidding can occur up to two minutes before the start of the live auction, unless posted otherwise.To participate in the live bidding you must first sign in to your account and then click on the "VIEW THE LIVE AUCTION" graphic. The auction start time will be posted in advance so that you will know when to check in to participate. Please note that the start time posted is for the Eastern US (New York) time zone. For example, if our live auction begins at 11:00 am and you are in California, three hours behind, bidding will begin at 8:00 am for you. You must adjust for your particular time zone. Live bidding will begin with the first lot of the auction and will continue until we pass through all of the lots for that auction. The page for each lot of the auction will show new bids in real time as well as the current high bid for the lot. You may enter a bid by clicking the appropriate button. If two equal bids are received, the first one received will be accepted. The auction software will notify you if you are the current high bidder and if you are the winner of each lot. During the live auction portion, be sure to keep refreshing your browser often  in order to be certain that you are seeing the current, live screen. As the auction progresses, please keep track of the items you have won as well as your winning bid amounts (also referred to as the hammer price). All items will be sold on a where is, how is, as is basis.  
 
Please note that the live bidding portion of the auction is online only. Bids can be called in to 717-210-1716 but no guarantees can be made that phone bids can be accepted during the live bidding portion of the auction. For this reason it is best for you to bid online during the live auction portion.
 
During the live bidding portion, a bid cannot be withdrawn once the user has placed it. CanSmart retains the right to accept or reject any bid, to remove lots, items or groups of items from any of our auctions for any reason or to extend, delay or postpone the start or end dates of any of our auctions for any reason, at our sole discretion and without recourse or liability of any kind. CanSmart shall have the final determination if a disagreement arises regarding any bids. CanSmart retains the sole discretion to determine the winning bid, to withdraw or re-offer any lot, or to refuse any bid for any reason whatsoever. CanSmart reserves the right to bid and may bid on behalf of users who do not have access to the internet, or any other registered user who requests that we place a bid for them. CanSmart is not responsible for any errors in bids, omissions of bids, or failure to execute bids and shall assume no liability for such. CanSmart is not responsible for any software malfunctions, internet or power outages or any other problems, seen or unforeseen, which may occur during the course of our auctions. If a user is unsatisfied with the performance or working of our software, website or other aspects of our auctions, the user's only recourse shall be to discontinue using our service.
 
 
 BUYER'S PREMIUM, PAYMENT, TERMS OF SALE AND BUYER DEFAULT
 
 A buyer's premium is an additional service charge for which the buyer is responsible, over and above the winning bid amount (hammer price). A fixed percentage of 15% of the winning bid amount (hammer price), will be added to all successful (winning) bids. The buyer's premium will be discounted by 3%, (buyer’s premium of 12%), if payment is RECEIVED in full by check or money order within seven (7) days following the auction closing date. Any lots won on  a platform other than CanSmart Auctions (such as Invaluable, Bidsquare and LiveAuctioneers) will be subject to the platform's additional buyer's fee (make sure to check your platform's terms before bidding). All sales are final.  No returns will be allowed for any reason.
 
After the close of the auction, an invoice will be emailed to each user who won one or more auction lots. The invoice will include the lot number, item description, hammer price, buyer’s premium, shipping and handling,  and any other applicable charges. If you intend to pick up your items at our facility in PA rather than having us pack and ship them, please let us know promptly after the auction close. 
 
Sales tax will only be added to items that are picked up at our Pennsylvania location or shipped to winning bidders within the state of Pennsylvania. Out-of-state users will not be taxed. Occasionally Cansmart may conduct an auction in a state other than Pennsylvania. In this event, that state's sales tax will be added to your invoice for items which are picked up in that state. Sales tax will not be added to your invoice for items mailed from our facility in Pennsylvania to your location in a state other than Pennsylvania. Payment in full is due 14 days after the closing date of the auction by Paypal, check, money order or major credit card. You must pay via check or money order and payment must be RECEIVED by us within seven (7) days after the auction closing date in order to receive the discounted 12% buyer’s premium. There will be a $35.00 fee for any returned checks. 
 
Payment by check or money order can be made out to "CanSmart Breweriana" and mailed to CanSmart Breweriana, 350 Roxberry Road, York Haven, PA USA 17370. If any winning bidder does not pay for their items in full within 14 days of the auction close, the buyer is considered to be in default. In the event of a buyer default, CanSmart retains the right to cancel the sale without further notice. We may also sell the item to the second highest bidder or return the item to our consignor. Any user who defaults on any payment risks having their User Account terminated. CanSmart retains the right to terminate any user account without notice for buyer default or for any other reason, at our sole discretion.
 
TRANSFER OF TITLE, SHIPPING, RISK OF LOSS AND REMOVAL OF AUCTION MERCHANDISE 
 
Immediately after each lot has been sold to the highest bidder, the title to the lot passes to the winner of the lot. After this point the buyer assumes all risk for any damage or loss of the lot. CanSmart will ship items as a courtesy to the buyer, but the buyer is still solely responsible for their items after the lot has been sold. Please note that we cannot ship any merchandise until payment clears in full for those items. We will invoice the buyer for shipping and handling. Please allow up to five (5) business days following clearance of payment for items to ship to you. Your items will be shipped to the shipping address which you provided in your user  account. CanSmart uses the United States Postal Service (USPS) for package delivery but we reserve the right to use other shipping methods as well. Depending on the weight and size of the package, we ship by first class or Priority. If you want insurance, please request it in advance. Insurance will be provided only upon request and at the expense of the buyer. For shipments outside the US, we use International First Class if available for your size package. We will notify you if your items are too large or heavy to be sent via USPS. Occasionally other shipping methods may be necessary to accommodate packages too large or heavy to be within the USPS guidelines. Buyers outside of the United States are responsible for paying any additional duties, customs or other costs which may be associated with shipping your package to countries other than the US.
Within the United States, the following shipping and handling charges will apply for 12 Ounce and 16 Ounce cans (quarts, gallons, party cans and larger breweriana items will be shipped at additional cost.)
1 can: $6.95
2 cans: $8.95
3 cans: $10.95
4 cans or more, add $1.00 per can
International Rates:
1 can: $16.95
2 cans: $22.95
3 cans or more, add $3.00 per can
INDEMNITY, DISCLAIMER AND WAIVER OF LIABILITY
In CanSmart online auctions, CanSmart is not a party to any transaction relating to auction items. CanSmart is only an online venue for sellers to consign items and for registered users to bid on such items. From time to time CanSmart may possess certain auction items listed on the auction Site. Nonetheless, CanSmart is not a party to any transactions related to such items. You, the user, agree to indemnify, defend and hold harmless CanSmart, its agents, owners, officers, directors, consignors, shareholders, members, subsidiaries and employees from any and all claims, demands or damages, actual and consequential, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising between buyers and sellers in the CanSmart auction platform or from any use of any of CanSmart's instruments or services. 
 
 
DISCLAIMER OF WARRANTY
 
While CanSmart in good faith strives to make the information provided on our website as accurate, complete and timely as possible, CanSmart makes no guarantees, promises, or claims about the accuracy, completeness, timeliness or adequacy of the content of our Site, and expressly disclaims liability for errors and omissions in the content of our Site. In using our website and Services, you acknowledge that there are risks of use, including, but not limited to, unauthorized use of your user account. CanSmart shall not be held liable for problems related to power outages, intereruption of electric or internet service, software problems or any other factor beyond our control which interferes with the proper functioning of our Services or enables unauthorized use of Your User Account. 
ALL CONTENT AND SERVICES OF THE CANSMART WEBSITE, INCLUDING ALL AUCTION ITEMS, GROUPS OF ITEMS OR AUCTION LOTS, INFORMATION AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEBSITE INCLUDING ANY SUBDOMAINS OR USER SOFTWARE, ARE PROVIDED TO THE USER ON AN "AS IS", "WHERE IS", AND "HOW IS" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,  FITNESS FOR A PARTICULAR PURPOSE. ALL AUCTION ITEMS ARE OFFERED FOR DISPLAY PURPOSES ONLY.
 
NEITHER CANSMART NOR ANY CONSIGNOR MAKES ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AUCTION ITEM, LOT OR GROUP OF ITEMS. NO STATEMENT MADE DURING THE AUCTION OR IN ANY STATEMENT, EMAIL, INVOICE OR ANY OTHER PLACE SHALL BE DEEMED ANY SUCH WARRANTY OF REPRESENTATION OR AN ASSUMPTION OF LIABILITY. ALL ITEM DESCRIPTIONS, DIMENSIONS OR ESTIMATES ARE PROVIDED FOR GUIDANCE ONLY AND NO GUARANTEES ARE MADE FOR ACCURACY. NO DESCRIPTIONS OR STATEMENTS, EITHER ORAL OR IN WRITING, BY CANSMART OR BY ANY  CONSIGNORS CONCERNING ANY AUCTION LOT, ITEM OR GROUP OF ITEMS SHALL BE CONSTRUED AS A WARRANTY, COVENANT, ASSUMPTION OF LIABILITY OR REPRESENTATION  OF ANY NATURE, EXPRESS OR IMPLIED.
 
CANSMART DOES NOT WARRANT THAT THE FUNCTIONS OR  FEATURES OF ITS ONLINE SERVICES OR CONTENT MADE AVAILABLE TO ANY USER OR ACCESSED THROUGH THE CANSMART SITE OR SUBDOMAIN, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE OR OTHER FEATURES USED IN CONNECTION WITH THE CANSMART WEBSITE OR SUBDOMAIN, WILL BE GUARANTEED TO BE SECURE OR FREE OF ERRORS. CANSMART MAKES NO WARRANTY THAT THE WEBSITE OR ANY OF ITS SERVICES PROVIDED  WILL MEET THE REQUIREMENTS OF ITS USERS. CANSMART EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES ON ANY AUCTION ITEM. IF THE CANSMART WEBSITE DOES NOT MEET THE USERS NEEDS, THE USER'S SOLE REMEDY IS TO CLOSE THE USER ACCOUNT OR TO DISCONTINUE USE OF THE SAID USER ACCOUNT. CANSMART MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY ITEMS, LOTS, GOODS OR SERVICES PURCHASED OR OBTAINED IN ANY MANNER  THROUGH OUR WEBSITE OR SUBDOMAIN OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF OUR WEBSITE OR SUBDOMAIN. NO ADVICE OR INFORMATION, WHETHER IN ORAL OR IN WRITTEN FORM, OBTAINED BY THE USER FROM CANSMART OR THROUGH THE WEBSITE OR SUBDOMAIN SHALL CREATE ANY WARRANTY WHATSOEVER.
CanSmart's Site and its components and content are offered for informational purposes only. CanSmart shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any errors or omissions in that information. The Site and its original content, features, and functionality are owned by CanSmart Breweriana and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  
 
WAIVER OF LIABILITY
Please read this document carefully. This is a legal document that affects your legal rights.
 
I HEREBY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE CANSMART WEBSITE, SUBDOMAIN AND SERVICES PROVIDED BY CANSMART, INCLUDING BUT NOT LIMITED TO, ANY AND ALL RISKS ARISING FOR ANY REASON INCLUDING FAULT OF THE ENTITY BEING RELEASED, FROM DEFECTIVE SOFTWARE OR INSTRUMENTS OF ANY KIND, OR ANY PROPERTY OWNED, CONTROLLED OR MAINTAINED BY CANSMART, OR BECAUSE OF THEIR POSSIBLE LIABILITY WITHOUT FAULT. I HEREBY RELEASE, HOLD HARMLESS AND FOREVER DISCHARGE CANSMART AND ITS CONSIGNORS, OWNERS, AGENTS, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES OR SUBSIDIARIES FROM ANY AND ALL LIABILITY CLAIMS, AS WELL AS DEMANDS OF ANY NATURE WHATSOEVER, EITHER IN LAW OR EQUITY, THAT ARISE OR MAY HEREAFTER ARISE FROM MY USE OF THE SERVICES OR PARTICIPATION IN ANY OF CANSMART'S AUCTIONS OR OTHER EVENTS. THIS WAIVER SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT WHICH IS PERMISSIBLE UNDER APPLICABLE LAW. I AGREE THAT IN THE EVENT THAT ANY CLAUSE OR PROVISION OF THIS WAIVER AND RELEASE SHALL BE HELD INVALID BY ANY COURT OF COMPETENT JURISDICTION, THE INVALIDITY OF SUCH A CLAUSE OR PROVISION SHALL NOT OTHERWISE AFFECT THE REMAINING PROVISIONS OF THIS WAIVER AND RELEASE WHICH SHALL CONTINUE TO BE ENFORCEABLE. I AGREE THAT ANY AND ALL CLAIMS OR LITIGATION ARISING FROM MY PARTICIPATION OR USE OF ANY OF CANSMART'S WEBSITES, SOFTWARE, AUCTIONS OR OTHER SERVICES WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA.
 
IN NO EVENT SHALL CANSMART NOR ANY OF ITS CONSIGNORS, OWNERS, AGENTS, MEMBERS, SHAREHOLDERS,OFFICERS, DIRECTORS, EMPLOYEES OR SUBSIDIARIES  BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE WEBSITE, SUBDOMAIN OR ANY OF THE CONTENT PROVIDED IN SUCH WEBSITE AND SUBDOMAIN. IN NO EVENT SHALL THE TOTAL LIABILITY OF CANSMART TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, PRODUCT LIABILITY, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND THE SERVICE EXCEED, IN THE AGGREGATE, $1.00. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY BY ANY PERSON OR ENTITY.
 
GOVERNING LAW
The terms and Conditions, as well as the relationship between you and CanSmart, shall be governed by, and in accordance with, the laws of the Commonwealth of Pennsylvania, United States. You hereby agree that any dispute or cause of action which may arise shall be submitted, commenced, enforced and heard in the appropriate court of CanSmart's choosing, in the Commonwealth of Pennsylvania, County of York.
  
IF YOU DO NOT AGREE WITH THE ABOVE TERMS AND CONDITIONS, PLEASE DO NOT APPLY FOR A USER ACCOUNT WITH CANSMART AUCTIONS. YOUR APPLICATION FOR A USER ACCOUNT, AS WELL AS YOUR USE OF THE CANSMART WEBSITE AND SUBDOMAIN, CONFIRMS THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS OF USE.
By checking the box I certify that I have read this document and I fully understand its content. I am aware that this document contains a contractual release from liability and that I sign it of my own free will.
 
Thank you for your interest in CanSmart Auctions.
 
 

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