b. Electronic Form. By accessing the Website or becoming a Subscriber, you consent to have this Agreement provided to you in electronic form.
c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to email@example.com or a letter and self-addressed stamped envelope to: Buyer Services International LLC, Attn: Hi-Bid.com, P.O. Box 231171, Old State House Square, CT 06123-1171, USA.
d. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
(ii) Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to firstname.lastname@example.org or a letter and self-addressed stamped envelope to: Buyer Services International LLC, Attn: Hi-Bid.com, P.O. Box 231171, Old State House Square, CT 06123-1171, USA.
(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
e. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
- Eligibility. You must be at least eighteen (18) years of age to register as a subscriber of Hi-Bid.com or use the Website. Subscription to the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Subscription; Pricing. You may become a Subscriber of the Service at no cost. As a Subscriber, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to receive notifications when new auction results are added, you must become a paying subscriber to the Service. Please see Subscribe for a description of the current subscription plans and their prices. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. For purposes of this Agreement the term “Subscriber” includes non-subscribers, unless where its usage indicates otherwise. From time to time, hi-bid.com may remove the profiles of non-subscribers.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Subscriber. You may terminate your subscription at any time, for any reason, by following the instructions on the Resign pages in Account Settings, or by sending Hi-Bid.com written notice of termination to Buyer Services International LLC, Attn: Hi-Bid.com, P.O. Box 231171, Old State House Square, CT 06123-1171, USA. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Hi-Bid.com may terminate your subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Hi-Bid.com. If Hi-Bid.com terminates your subscription to the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Hi-Bid.com. Hi-Bid.com is not required to provide you notice prior to terminating your subscription. Hi-Bid.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- Non-commercial Use by Members. The Website is for the personal use of individual Subscribers only and may not be used in connection with any commercial endeavors without expressed permission of Buyer Services International, LLC. Organizations, companies, and/or businesses may not become Subscribers and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Hi-Bid.com, which may be revoked at any time, for any reason, in Hi-Bid.com’s sole discretion.
- Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Hi-Bid.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit/logout from your account at the end of each session. Hi-Bid.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport or AOL Screen Name to your Hi-Bid.com account.
- Your Interactions with Other Subscribers. You are solely responsible for your interactions with other Members. You understand that Hi-Bid.com does not in any way screen its Subscribers, nor does Hi-Bid.com inquire into the backgrounds of its Subscribers or attempt to verify the statements of its Subscribers. Hi-Bid.com makes no representations or warranties as to the conduct of Subscribers or their compatibility with any other current or future Subscribers. In no event shall Hi-Bid.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.
- Content on Hi-Bid.com.
(a) Proprietary Rights. Hi-Bid.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Hi-Bid.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Hi-Bid.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Hi-Bid.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Hi-Bid.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Subscribers.
- Prohibited Activities. Hi-Bid.com reserves the right to investigate and terminate your subscription if you have misused the Service, 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 Service:
• You will not share you login information with any person.
• You will not use 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.
• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
• You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
• You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
• You will not post, email or otherwise transmit 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.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
• You will not "frame" or "mirror" any part of the Service or the Website, without Hi-Bid.com’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Hi-Bid.com or the Service or the site in order to direct any person to any other web site for any purpose.
• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
- Customer Service. Hi-Bid.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your subscription and you will not be entitled to any refund of unused subscription fees.
- Subscriptions; Charges on Your Billing Account.
(a) General. Hi-Bid.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Hi-Bid.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Hi-Bid.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Hi-Bid.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. HI-BID.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY HI-BID.COM) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE HI-BID.COM REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY HI-BID.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE HI-BID.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT HI-BID.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY HI-BID.COM).
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Hi-Bid.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
(e) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Hi-Bid.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Hi-Bid.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(f) Auto-renewal. Your Hi-Bid.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Hi-Bid.com is authorized to charge your Payment Method. Hi-Bid.com may submit those charges for payment and you will be responsible for such charges. This does not waive Hi-Bid.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact email@example.com to have the charges reversed.
- Modifications to Service. Hi-Bid.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hi-Bid.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses. In order to protect the integrity of the Service, Hi-Bid.com reserves the right at any time at its sole discretion to block Subscribers from certain IP addresses from accessing the Website.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Hi-Bid.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: General Counsel, Hi-Bid.com, P.O. Box 231171, Old State House Square, Hartford, CT 06123 USA.
- Subscriber Disputes. You are solely responsible for your interactions with other Hi-Bid.com Subscribers. Hi-Bid.com reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.
- Disclaimers. Hi-Bid.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Subscribers or by any of the equipment or programming associated with or utilized in the Service. Hi-Bid.com is not responsible for the conduct, whether online or offline, of any user of the Website or Subscriber of the Service. Hi-Bid.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Subscriber communications. Hi-Bid.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Subscribers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Hi-Bid.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Subscribers, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Hi-Bid.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Hi-Bid.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, legal, or other advice. Hi-Bid.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
- Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hi-Bid.com has no control over such sites and resources, you acknowledge and agree that Hi-Bid.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Hi-Bid.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
- Linked Accounts. Hi-Bid.com permits you to associate a Hi-Bid.com username and password with your Microsoft .Net Passport ID or your AOL ScreenName ID. When you establish a linked account, you can sign into Microsoft Passport or AOL ScreenName and automatically sign into Hi-Bid.com at the same time. Hi-Bid.com is not responsible for the operation or functionality of Microsoft Passport or AOL ScreenName. Microsoft is a registered trademark of Microsoft Corporation and AOL is a registered trademark of America Online, Inc.
- Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Hi-Bid.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Hi-Bid.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Hi-Bid.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Hi-Bid.com for the Service during the term of the subscription.
- U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Connecticut, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Connecticut, in Hartford or Tolland County, for the resolution of any such dispute.
- Indemnity by You. You agree to indemnify and hold Hi-Bid.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Materials Submitted to Buyer Services International LLC in Print or on Website. If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be, treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Buyer Services International LLC or its affiliates for any purpose, including, but not limited to: reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Buyer Services International LLC is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to: developing, manufacturing, and marketing products and services using such information. Buyer Services International LLC reserves the right to refuse any material submitted for posting for any reason such as lack of space, suitability, or without cause.
- Online Advertising Conditions. All advertising is subject to approval. Buyer Services International LLC reserves the right to reject any advertisement for any reason such as lack of space, suitability, advertiser's unreliability or without cause. Every advertisement that is accepted is published on the representation of the advertiser and the agency that they are authorizing to publish the entire content of the advertisement.
In consideration of publication of any ad, the advertiser and agency shall indemnify, defend and save Buyer Services International LLC harmless from and against any loss or expense (including attorney's fees) arising out of that publication, including without limitation any loss or expense resulting from a claim or suit for libel, invasion of privacy or copyright infringement, or any other claim based on the content of subject matter of the advertisement. The advertiser assures Buyer Services International LLC that the advertising fairly and accurately describes the item(s) advertised. In particular, reprinted literature, reproduction parts and replicas must be identified as such.
Failure by Buyer Services International LLC to publish an advertisement for any reason does not subject Buyer Services International LLC to any liability whatsoever, nor constitute breach of contract, or otherwise give cause for any other claim against Buyer Services International LLC.
- Other. This Agreement contains the entire agreement between you and Hi-Bid.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement. Hi-Bid.com is a trademark of Buyer Services International LLC.