Our lawyers say we have to add the typical boilerplate found on pretty much all websites where users can sell things.Â
It’s about as exciting as reading a credit card agreement, but we have to provide it.Â
When you sign up to use the site, you are agreeing to all of the following.Â
BidamountLive Rules of the Road
- Welcome to BidamountLive. This document and those referenced below define the Terms & Conditions (i.e. the “Terms”) applicable to your use of the live auction services we host, as well as your participation in live auction events conducted by a Seller (“Seller”) or seller of collectables, antiques, jewellery, or fine art (hereinafter, a “Seller”).
By using the services on any BidamountLive website (i.e. BidamountLive.com and any other related websites where the Terms appears), you are agreeing to the following terms and conditions, including those available by hyperlink, with BidamountLive, as well as our subsidiaries and affiliates (“BidamountLive”).
Before you may become a member of BidamountLive, you must read and accept all of the terms and conditions in, and referenced by, the Terms under “Using The Site” (whether such terms and conditions are contained in the primary document itself or are hyperlinked to related documents). We strongly recommend that, as you read the Terms. Some BidamountLive-branded websites, or sites that we operate, may also be governed by separate user agreements and privacy policies that you should also read.
You acknowledge and agree that we may amend the Terms at any time, and from time to time, by posting the amended terms on our website. Unless, and only to the extent, expressly stated to the contrary herein, all amended terms and conditions shall automatically be effective on a prospective basis once they are posted on our site. Accordingly, you are encouraged to periodically review our Terms for any such changes and/or amendments.
2. Bidamountlive reserves the right to remove or alter any listing at any time at our sole discretion. Copies and modern reproductions of objects are not permitted on the site, if we spot it, we will remove it.Â
3. Bidamountlive reserves the right to close or suspend any user’s account for any reason deemed by us to be appropriate. Including but not limited to the removal of listings of items we feel are not accurately representative of the item(s)Â or for failure to pay for a purchase on the site.
Site Terms & Conditions
Eligibility. Each Seller that conducts sales or auctions has its eligibility requirements that must be met for you to participate in that auction. You may be required to apply for and obtain approval to participate in a specific sale or auction. Approval to participate in one sale or auction does not guarantee approval to participate in any other sale or auction, conducted either by that Seller, or another Seller. Each Seller has sole and absolute discretion to refuse to approve your eligibility for any sale or auction.
Fees & Payments
Seller Fees. You agree to be bound by and pay all fees according to the Terms and the Seller’s terms and conditions.
BidamountLive Payment Processing. All payments for transactions will be made through the options selected by the sellers.
State & Local Sales Tax. You are responsible for paying any applicable taxes for purchases made on the BidamountLive platform. Each seller is responsible for calculating, collecting, and remitting sales tax to the relevant tax authorities, where applicable. Since sales tax rules vary by state, parties to any sales transaction should contact their taxing authorities to learn about their specific state and local tax obligations.
BidamountLive is Only a Venue
Services. We are not a Seller and are not conducting sales or auctions. Our service allows you to participate in sales or auctions conducted by the Seller. We are solely a passive conduit to facilitate communication between you and the Seller. We reserve the right in our sole and absolute discretion to change some or all of our services at any time.
Control. We have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, or the ability of the Seller to sell and the ability of buyers to buy items. We also do not ensure or guarantee that a buyer or seller will complete a transaction. We do reserve the right at our sole discretion to remove from the site any and all listings we believe are not being honestly or accurately represented.
Compliance with Laws. You acknowledge and agree that the use, purchase, distribution, promotion, advertising, and sale of certain products are subject to federal state, and local regulations, including, but not limited to, firearms, Indian artifacts, recalled products, children’s products, alcoholic beverages, coins, and currency. You further acknowledge and agree that BidamountLive’ role concerning the sale of products is limited to providing a conduit through which a prospective purchaser can participate in an auction. BidamountLive does not in all instances review or evaluate the products auctioned, or verify the descriptions given or claims made, by Sellers regarding the products. At our discretion, we reserve the right to remove any item for any reason with or without the sellers permission. You expressly represent that you shall comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations relating to your use, purchase, and distribution of any products that you bid upon or purchase through BidamountLive (hereinafter, the “Regulations”), including, but not limited to, (i) the Gun Control Act of 1968 and all regulations promulgated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (collectively, the “Firearms Regulations”), (ii) the Consumer Products Safety Improvement Act of 2008 and all regulations promulgated by the U.S. Consumer Products Safety Commission, and (iii) the Indian Arts & Crafts Act of 1990 and any additional laws and regulations applicable to the sale of Indian arts and crafts. You shall at all times defend, indemnify and hold BidamountLive, its owner(s), shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, harmless from, and against, all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney’s fees) of any nature or kind, arising under or resulting from: (i) your use, purchase, or distribution of any products in violation of any Regulations; (ii) your use of BidamountLive in connection with the purchase of any products subject to any Regulations; and (iii) your alleged or actual violation or breach of any Regulations.
Release. Since we are not involved in the actual transactions between buyers and Sellers, if you have a dispute with an Seller, you hereby release BidamountLive (and our shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns) from causes of action, suits, claims, demands, judgments, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code § 1542, as amended from time to time, and any similar statutes, to the extent that such statute(s) prohibits a general release from extending to claims that a creditor does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by the creditor, would materially affect his/her settlement with the debtor.
Sellers. The Seller will list available items on which you may bid or make an offer to buy. Auction dates and times, as well as the number, character, and order and schedule of the items to be auctioned, are set by the Seller and are subject to change without notice. Individual lots and items may be modified or changed at any time. We do not control the information that is provided by the Seller, which is made available through our system.
Bidding, Buying, and Conditions of Sale. The terms and conditions for participation in each auction, including how bids are accepted, rules governing absentee bids, bid increments, bid retraction and cancellation, the conditions the buyer must meet to purchase an item, as well as the specific conditions of sale (such as warranties, shipping costs, insurance, and the like) may change for each auction at the sole discretion of the Seller. The Seller is required to post its terms and conditions and to maintain such terms throughout the auction period. You agree to be bound by those bidding terms and conditions of sale by agreeing to the Terms. The Terms, in addition to those Seller terms and conditions, governs your bidding activity, as well as your participation in each auction. The Seller acts as an auctioneer and makes the sole, final determination concerning bidding on the item, the sale of the item, and the resolution of any disputes. All matters relating to a refund or return of won items are also determined by the outlined terms and conditions of the Seller. Bidamountlive may at their discretion suspend or terminate any seller’s or buyer’s use of the site at any time with or without cause.
Video and Audio. Any audio or video aspects of a sales or auction event are for entertainment purposes only.
Use of Images. BidamountLive has the right to use, on its website and in advertising and promotional materials, images (including photographic images) of items being sold or that have been sold on its website, including images of items which have been purchased through the site.
Using BidamountLive. While using BidamountLive, you shall not: (a) violate any laws, rules, regulations or third party rights; (b) use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; (c) fail to deliver payment on any item that you purchased through our sites; (d) manipulate the price of any item or interfere with other user’s listings; (e) post false, inaccurate, misleading, defamatory, or libellous content (including personal information); (f) distribute or post spam, chain letters, or pyramid schemes; (g) distribute viruses or any other technologies that may harm BidamountLive, our sites, or the interests or property of BidamountLive’ users; (h) copy, modify, or distribute content from our sites and/or violate BidamountLive’s copyrights and trademarks; or (i) harvest or otherwise collect information about users, including, without limitation, email addresses, without their consent. Nor shall you encourage or assist any third party to engage in any of the prohibited conduct set forth above. Any violation of this provision shall constitute a material breach of the Terms and, under such circumstances, we will have the right, in our sole and absolute discretion, to prohibit your access to our sites and to suspend or terminate your right to use our services.
Abusing BidamountLive.
BidamountLive will work to keep our sites and services working properly and safely. Please report problems, offensive content, and any policy violations to us.
Without limiting our remedies, it is understood that we may limit, suspend, or terminate our services and user accounts, prohibit access to our sites, delay or remove hosted content, and take technical and legal steps to keep users off our sites if we believe that they are misusing, abusing, or interfering with the provision of our services, engaging in unlawful conduct, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Access and Interference. The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to BidamountLive by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior, express written consent of BidamountLive and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of our sites or any activities conducted on the sites; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Privacy. Any information you provide to us, and your use of information available on our websites, is governed by our Privacy Policy. Any information you provide to the Seller or other third parties is governed by their respective privacy policies. We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in the BidamountLive Privacy Policy. We consider protection of our users’ privacy as a high priority. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide. We use third parties to verify and certify our privacy security methods. For a complete description of how we use and protect your personal information, please review the BidamountLive Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.
Identify Verification and Fraud Detection. You agree that, as a condition to participating in the sales or auction services that we host, BidamountLive may, prior thereto, and from time to time, obtain and use information about you to verify and authenticate your identity, detect and prevent fraud, as well as for any other lawful purpose, under BidamountLive’ Privacy Policy. By accepting the Terms, you authorize BidamountLive and its agent(s) to verify and authenticate the information that you have furnished to BidamountLive and to conduct any other inquiries that we consider, in our sole and absolute discretion, necessary to validate the personal, business, and/or other information that you have or will furnish(ed) to us.Â
Intellectual Property/Restrictions on Use. We reserve all rights concerning the design and content of our websites. In particular, you may not misappropriate the design or content of our sites and you may not alter or deface such design or content in any way. Nothing on our websites grants any license with respect to such design or content. All trademarks, service marks, trade names, logos, graphics, articles, and other materials on our sites are protected by the United States and foreign copyright, trademark, and other applicable laws. In particular, all trademarks, service marks, trade names, and logos displayed on our sites are proprietary to BidamountLive, its affiliates, or third-party owners and our websites grant no license thereto. You acknowledge that you have read, and will at all times comply with BidamountLive’ Intellectual Property statement.
Indemnity. You will defend, indemnify and hold BidamountLive, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, harmless from, and against, any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney’s fees), sought by any third party and which results from, or arises out of, your breach of the Terms, your unlawful actions or conduct, or your violation of the rights of any third party.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
No Warranty. We and our suppliers provide our website and services “as is” and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we do not warrant that the service will be uninterrupted or error-free, or that bids will be received by the Seller or information regarding the current price will be transmitted in a timely fashion. Nor do we guarantee the performance of any obligations by an Seller. We and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Some states’ laws may not allow a disclaimer of implied warranties in certain circumstances, in which case the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you also may have other legal rights that vary from state to state.
Liability Limit. In no event shall we or our suppliers be liable for lost profits or any special, indirect, incidental, or consequential damages arising out of, or in connection with, our sites, our services, the failure of any bid or pricing information to be transmitted or received by you or the Seller in a timely manner, the interruption of any data transmission, audio or video broadcast, or this agreement (regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise). Our liability, and the liability of our suppliers, to you or any third-parties in any circumstance is limited to the greater of (a) the amount of fees you pay us in the 12 months prior to the action giving rise to liability, and (b) $100.00. Some states’ laws may not allow a limitation of liability in certain circumstances, in which case the foregoing limitation may not apply to you.
Notices. Any notice, demand, request or other communication which you may desire or be required to give to BidamountLive hereunder shall be in writing and shall be given by certified mail, return receipt requested (with postage prepaid), or by Federal Express or other similar overnight delivery services (with fees prepaid), to BidamountLive,185 Main St. STE B, Gloucester, MA 01930, or at any other address that we may designate in writing in the future. Any notice, demand, request, or other communication which we may desire or be required to give to you hereunder shall be in writing and shall be given by email to the email address you provided to BidamountLive during the registration process, or by certified mail, return receipt requested (with postage prepaid), or by Federal Express or other similar overnight delivery services (with fees prepaid), to you at the address you provided to BidamountLive during the registration process. All notices given by e-mail shall be deemed given as of 5:00 P.M. eastern standard time on the business day following the day of transmission. All notices given by mail shall be deemed to have been given three (3) business days after mailing and all notices delivered by overnight delivery service shall be deemed given when delivered.
Force Majeure. No party shall be liable for any failure or delay in performing any obligation under the Terms that is due to a Force Majeure event, such as Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine, employee restrictions, and related measures of any governmental authority. If a Force Majeure event occurs, the affected party will notify the other party and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure event on the performance of the Terms. However, this provision does not excuse your obligation to pay for services received
Arbitration. If a dispute, controversy, claim or cause of action arises out of, or in connection with, the Terms or any breach or alleged breach thereof (the “Dispute”), and if the Dispute cannot be settled through direct discussions, we mutually agree to endeavor first to settle the Dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures then in effect (or under any other form of mediation mutually acceptable to the parties involved) before resorting to arbitration. Any unresolved controversy or claim relating to the Dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect (or under any other form of arbitration mutually acceptable to the parties involved), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all parties to the Dispute agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator. The mediation and arbitration, if any, shall take place in the City, State, and County within Massachusetts (unless another location is mutually agreed to by the parties involved). Any award rendered shall be final and conclusive upon the parties. The costs and expenses of the mediation and arbitration shall be borne equally by the parties, provided, however, that the arbitrator shall award to the prevailing party, if any, the reasonable costs and attorneys’ fees incurred by the prevailing party in connection with the mediation and arbitration. If the arbitrator determines that a party was the prevailing party on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the reasonable costs and attorneys’ fees incurred by the prevailing party in connection with the mediation and arbitration. In the event this mediation/arbitration provision is found to be completely unenforceable or inapplicable for any reason, then any dispute, controversy, claim or cause of action arising out of, or in connection with, the Terms or any breach or alleged breach thereof, shall be brought in the state or federal courts in the State of Massachusetts, and you irrevocably consent and submit to the jurisdiction of such courts to litigate any such action and waive trial by jury. The prevailing party in such action shall be entitled to recover its reasonable costs and attorneys’ fees incurred in connection therewith, and if it is determined that a party was the prevailing party on some but not all of the claims and counterclaims, such party may be awarded an appropriate percentage of the reasonable costs and attorneys’ fees it incurred in connection therewith.
General.
The Terms constitute and sets forth the entire agreement and understanding of the parties pertaining to the subject matter hereof, and supersedes all prior or contemporaneous written or oral agreements, understandings, undertakings, negotiations, promises, discussions, warranties, or covenants that are not specifically contained herein.
The headings, sections, or titles of the various paragraphs of the Terms are inserted merely for convenience and do not expressly or by implication or intention, limit, define, extend or affect the meaning or interpretation of the Terms or the specific terms or text of the section so designated. All personal pronouns used in the Terms shall include the other genders, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural and vice versa, whenever, and as often as may be, appropriate.
The Terms shall be governed in all respects, whether as to the validity, construction, interpretation, capacity, performance or otherwise, by the laws of the State of Massachusetts, without regard to principles of conflicts of laws; (d) If any provision of the Terms is found invalid or unenforceable by a court of competent jurisdiction, then such provision shall be deemed stricken here from and the remainder of the Terms shall remain at all times in full force and effect. Such invalid or enforceable provision shall, to the extent legally permitted, be replaced by a valid and enforceable provision that comes closest to the parties’ intent underlying the invalid or unenforceable provision.
It is understood that any accrued but unpaid financial obligations, and any other terms related to such financial obligations, shall survive the expiration or termination of the Terms.
No waiver of any breach, privilege, or provision of the Terms will be construed as a waiver of any rights or remedies arising from any other or future breach, privilege, or provision.
We may, in our sole discretion, assign or otherwise transfer the Terms to a third party.
Future Terms. BidamountLive may amend, modify, add or remove any of these terms and conditions at any time, and from time to time. If we do so, we will post such changes on this page. IF ANY FUTURE CHANGES TO THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND OF ANY SUCH CHANGES.
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