LIBERTYAUCTIONHOUSE.COM TERMS AND CONDITIONS
These Terms and Conditions (the “Terms”) constitute a legal contract between you and Libertyauctionhouse.com relating to your access to and use of the website located at www.libertyauctionhouse.com (the “Site”).
These Terms may be amended by Libertyauctionhouse.com from time to time without prior notice. If you do not agree to these Terms, you may not use the Site.
The words you, your, and yours refer to the customer or purchaser utilizing the Site. The words Libertyauctionhouse.com, we, and our refer to InterwebEcom Inc. (DBA) Liberty Auction House a California corporation, including its affiliates and subsidiaries.
CLICKING THE ACCEPT BUTTON UPON REGISTRATION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, TO ANY EXTENT, DO NOT CONTINUE TO ACCESS AND USE THIS SITE.
1. AMENDMENTS AND CHANGES
(a) Changes to the Site. Libertyauctionhouse.com shall have the right at any time to change or discontinue any aspect or feature of the Site, including services, products, content, hours of availability, and equipment needed to access or use the Site.
(b) Changes to the Terms. Libertyauctionhouse.com may, in its sole and absolute discretion, change, modify, add or delete these Terms and/or any of the conditions applicable to your use of the Site. Such changes, modifications, additions or deletions (collectively, “Changes”) shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you may obtain notice thereof. YOUR CONTINUED USE OF THE SITE FOLLOWING LIBERTAUCTIONHOUSE.COM'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, DO NOT CONTINUE TO USE THE SITE.
2. YOUR MEMBERSHIP
(a) The Online Market. Libertyauctionhouse.com operates an online market from which Members may view and purchase products and services. Except for certain circumstances, each product available through the online market is offered for a defined and limited period of time determined by Libertyauctionhouse.com and is sold to the Member who proposed the highest purchase price during that limited selling period. Additionally, Libertyauctionhouse.com may make available to Members opportunities to purchase a product either in quantities of greater than one (1) or at the highest purchase price they proposed even if that purchase price was not the highest proposed during the selling period.
(b) Registration Required. Only Members may purchase products or services on the online market. To become a Member, you must agree to Terms, meet the Age Minimum (see below), and provide us with your name, address, phone number, and email address, as well as any other identification information required by us or that we may request from time to time.
(c) Age Minimum. Persons under the age of 18, or under the age of 21 if using the Site in AL, MS, NE, WY or any other state where the age of majority is greater than 18, may not become a Member nor use the Site in any manner.
(d) User Name and Password. As part of the registration process, you will choose your own user name and password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password. We reserve the right to delete, reject or modify any user name for any reason, including, but not limited to, user name’s containing offensive or profane language.
(e) One Account. The right to use the Site is personal to a Member and may not be transferred to any other person or entity.
(f) Cookies. In order to use the Site, your browser cookies should be enabled each time you log on. Cookies are small files stored on your hard drive that store login information. Your browser may be set up to accept cookies by default, but if your settings have changed, or your browser continually returns to the login page after you submit your login information, you may need to enable cookies.
(g) U.S. Shipping Only. Libertyauctionhouse.com only ships products to addresses located within the fifty (50) U.S. states. If you do not have a U.S. shipping address, you should not use this Site.
3. GENERAL RULES ON THE USE OF THE SITE
(a) Content. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Libertyauctionhouse.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(b) Equipment. You shall be solely responsible for obtaining and maintaining any and all equipment (including telephone and computer hardware) needed to access and use of the Site.
(c) Prohibition on Fraud. Libertyauctionhouse.com does not tolerate fraud. Every time you log in to the Site, your IP address is recorded. This information can be used against fraudulent bidders. Any acts of fraud or suspected fraud, should be immediately reported to Libertauctionhouse.com. We may notify and assist appropriate law enforcement agencies in any case where we suspect fraudulent use of our Site. We will terminate and ban any user suspected of engaging in fraud on the first offense. We may also maintain and enforce a blacklist to prevent fraudulent users from re-registering and/or attempting to use the Site.
(d) Legal Compliance. This Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, rules and regulations regarding use of the Site, including in regard to bidding on and purchasing products. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another Member’s user name or password.
(a) Privacy. Libertyauctionhouse.com may use information from our Members to contact them in response to inquiries, to notify them about any bid placed on the Site, to alert Members to changes in services or features, or for any reason related to the use of this Site.
Company may also sell, rent, or lease information collected on this site to third party marketers.
Company may also share information, including PII, collected in the following circumstances: (1) upon receipt of a properly authorized and authenticated governmental request for information; (2) in response to a subpoena or a court order; (3) to comply with relevant laws;
(4) in response to an investigation of fraud; or (5) in an effort to safeguard the person or property of Libertauctionhouse.com, our employees or Members, or a third party.
Finally, we may, in the future, decide to sell, merge or otherwise reorganize our business. We reserve the right to transfer and disclose all information, including PII, in this circumstance.
(b) Monitoring. As permitted by applicable law, we reserve the right to monitor and investigate any activity or content on or associated with this Site. We may also monitor and investigate any complaints or reported violations of our policies, and we may take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site. We reserve the right to remove, screen or edit any content that violates these Terms or is otherwise objectionable.
5. LIBERTYAUCTIONHOUSE.COM’S RIGHTS AND OBLIGATIONS
(a) Glitches. In the event of any technical glitch, Libertyauctionhouse.com reserves the right to stop, restart, or cancel any auction at any time, including before, during or after. Any and all funds received during an auction affected by a technical glitch, will be returned by us to the Member if no merchandise is shipped. In the event your auction is or was affected by a glitch, you must provide us with a listing number. Without the listing number we will be unable to investigate the situation. It is your responsibility to maintain your auction listing number(s).
(b) Termination. Libertyauctionhouse.com reserves the right to terminate these Terms or your access to the Site at any time and for any reason.
6. GENERAL AUCTION AND BIDDING RULES
(a) Legal Offer. By placing a bid or otherwise requesting to buy a product, you are making a legal offer to buy a product. Once we accept your offer, you are obligated to complete the transaction as accepted by us. Hence, when you bid on a product on the Site, you are entering into a legally binding contract in which you express intent to purchase the product at the proposed price. Failure to fulfill your obligations pursuant to that contract in a timely manner will result in termination of your Membership and other actions that we deem necessary to enforce your obligations. You acknowledge and agree to the terms contained in this paragraph.
(b) Bid Restrictions. Members will be required to pay for any item for which they submit a winning bid. Until payment is received, your bidding privileges will be restricted; you will not be able to utilize the automated bid feature and any automatic bids already submitted will cease functioning until payment is received. After payment is received, the restrictions will be lifted and you will be able to bid on other products.
(c) Item Information. Each auction item includes a description and any additional terms that are specific to that item. You are responsible for reading the product description and any additional terms specific to that item, and your submission of a bid to buy the product shall be deemed an acknowledgement that you have read, understand and agree to the description and any additional terms.
(d) Bid Increments. The following rules apply to your bids:
(i) Whole Dollars. You must submit bids in whole dollar amounts. Any bid that is not a whole dollar amount will be invalid and rejected.
(ii) Bid Minimum. Your bid must exceed the then-highest bid by the applicable bid minimum. The bid minimum is $1.00 USD unless the auction’s terms specify otherwise.
(iii) Automatic Bidding. Libertyauctionhouse.com allows you to utilize its automatic bidding system. If you utilize the automatic bidding system, we will automatically place bids for you, subject to the bid minimum, until you reach your submitted maximum bid amount or your bid becomes the highest bid for the auction, whichever comes first. You may elect to manually set your bids, rather than use the automatic bidding system, if you want to submit a bid in an amount that is greater than the applicable bid minimum.
(e) Fraudulent Bidding and Shilling are Prohibited. Fraudulent bidding and shilling are defined herein as any act, practice or device that has the purpose or effect of artificially inflating or driving up the bid price. Fraudulent bidding and shilling are expressly prohibited. Any evidence of fraudulent bidding or shilling on an auction is a breach of these Terms and your Membership and use of the Site will be immediately terminated.
(f) Withdrawing a Bid. Once you submit a bid on an auction, you cannot withdraw that bid unless you made an obvious typographical error. In order to withdraw a confirmed bid as permitted in this paragraph, you must contact customer service. Customer service may be reached at firstname.lastname@example.org or by using the live Chat feature.
(g) Winning Bids. If you submit a winning bid on an auction, you will receive an e-mail notifying you that you have won. You will twenty four (24) hours thereafter to pay for your Product(s) at the winning bid amount(s). You are responsible for keeping track of all of your winning bids. No payment extensions will be given.
(h) Activation Value. Some auctions on our Site are Reserve Price Auctions. A Reserve Price auction, containing an activation value, is similar to a standard auction except that a minimum bid must be met in order for the auction to be valid; if the activation amount is not met, the auction does not become binding and we are not obligated to sell the auction item. Activation value also will allow the you to get comfortable bidding with out having out obligation of payment. Reserve auctions will include a notice or indicator if the reserve amount has not yet been met if you hover over the system user winning bid. Activation Value amount is disclosed. In the event the bid on an auction reaches an acceptable amount, as determined by us in our sole discretion, we reserve the right to remove the reserve minimum amount and allow the auction to proceed as a standard auction. Other than as provided herein, Reserve Price Auctions shall be governed by the same rules as standard auctions, including payment terms and deadlines.
7. BIDDING FEATURES
Libertyauctionhouse.com makes available certain features to enhance your bidding experience. You are solely responsible for use of these features. By using any of these features, you agree that you have read and understand all of the terms and conditions applicable to the feature.
(a) My Auctions. Through the My Auctions feature, you may track auctions that you are interested in, but not yet ready to bid on. When you are ready, you may bid on auctions that you are tracking in the My Auctions feature directly from you’re my Auctions page.
(b) Automatic Bidding System. Our automatic bidding system will automatically place bids for you on an auction, up to the maximum bid that you specify. Your election to use the Autobid System is your offer to purchase the applicable Product at the highest Bid Amount designated by you and a legal contract between you and Bidz.com. If your highest bid amount is the winning bid, you agree to comply with your obligations under that contract to buy the Product from Bidz.com. An Autobid placed on a Product or Bids that have already been placed by the Autobid System may not be canceled.
(c) Second Chance Offers. Our Second Chance Offer feature allows Members a second chance to purchase a Reserve Price Auction item in which no winning bid was submitted. Second Chance Offers are provided at the discretion of Libertyauctionhouse.com. If you receive a Second Chance Offer, you may purchase a Reserve Price Auction item, for which there was no winning bid, at the minimum reserve price set by us, on a first come first serve basis. If an item becomes a Second Chance Offer, all Members who submitted a bid on the auction item will receive an email notification after the selling period expires. Second Chance Offers will automatically be placed into all eligible Members’ My Items/My Auctions page. The offer will be on a first come first serve basis and while supply lasts. Second Chance Offers will remain valid for an amount of time as set forth in the terms of the offer, and if you accept and offer the item will remain in your shopping cart for 30 minutes. You are not obligated to purchase any Second Chance Offers.
(a) U.S. Currency Only. All payments must be made in United States currency.
(b) Payment Due Within 24 Hours. Payment on any auction item is due within twenty four (24) hours after we accept your offer to buy an item. Any payment not timely received, will be referred for collection.
(c) Your Obligations. By agreeing to these Terms and bidding on a product, you agree to complete the transaction. You will be held liable if you do not fulfill this obligation. If payment is not made, bidding privileges will be subject to suspension and we maintain the right to cancel outgoing invoices at our discretion.
(d) Payment Representations. You represent and warrant that any payment method selected by you when purchasing an item shall enable you to make full and immediate payment. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, we may, in our sole and absolute discretion, cancel your purchase. In that event, we reserve the right to, in our sole and absolute discretion, designate the next highest bidder who meets the applicable minimum bid or reserve requirements as the winning bidder. At our sole discretion, but without obligating ourselves to do so, we may elect to accept and alternate payment method upon your request.
(e) Payment Methods. We accept the following forms of payment: (i) Visa; (ii) Mastercard; (iii) American Express; and (iv) Discover.
(f) Third Parties. You agree that any payments made to us through any credit card issuer, or any other party, will be an agreement between you and the third party. WE WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A CREDIT CARD ISSUER OR THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THIS SITE IS FOR CONVENIENCE ONLY. WE MAKE NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
(g) Returns. As our customer, we believe you should feel good about your purchase. We provide you with detailed descriptions and pictures so you can make an informed decision along with friendly Customer Support. If you receive an item that is not as described we will refund the purchase price, less shipping and handling and a 15% restocking fee.
Returns must be made within five (5) business days of receipt of the item at issue. Apparel and musical instrument returns will be accepted only if defective or unworn, unwashed, and unused. Refunds will be issued back to the form of original payment. Once your return is received, your refund will be completed typically within 3-5 business days from the date of receipt.
To return an item, you must obtain a Return Merchandise Authorization (“RMA”). You can obtain your own RMA number online by logging in to your My Items and clicking on the link Return Item. Along with your User ID and Listing #, please provide a detailed reason for your return. Upon approval, we will issue you a RMA #. Please print the RMA # on the outside of all returning parcels. All items need to be returned with all original packaging and materials (such as price tags, certificates, warranties and instructions) otherwise your refund may be delayed or we may not be able to process the return and have to send it back to you. Please ship your parcel via a standard shipping method and ensure that you obtain a valid tracking number to track and confirm delivery of your return package.
(h) Sales Tax. Any item purchased on the Site that is or will be shipped to California, New York, North Carolina or Rhode Island, will be charged sales tax on the transaction. We will accept California, New York, North Carolina or Rhode Island resale certificates only if submitted before the transaction closes. Our sales tax collections policies do not constitute a promise that you have no other sales or use tax liabilities arising from your purchase of items on our Site. You are solely responsible for reporting and remitting any sales or use tax you may owe under laws applicable to you. You agree that we are not obligated to determine whether sales or use taxes apply and are not responsible to collect, remit or report any sales or use taxes arising from any transaction.
9. SHIPPING & DELIVERY
(a) Domestic. All orders will be shipped by either UPS or the United States Postal Service (“USPS”). Shipments will only be made to physical, United States addresses (P.O. Boxes are acceptable). Shipping costs are disclosed on the auction’s page.
(b) Time to Ship. We will not ship an item until full payment for the item is received. We will deliver items to the shipper within three (3) business days of receiving payment. During peak season, your order may take longer to ship.
(c) Signature Required. We will not authorize any shipper to deliver any item without an authorized recipient signature. Accordingly, if you or your designees are unavailable to sign for any package, it will be retained by the shipper for further delivery or follow up by you or your designee.
(d) Separation. We reserve the right to ship items from a single order in separate packages if there are applicable size and item number limitations as set forth in this Agreement or imposed by the shipper. Any separately shipped packages may result in additional shipping charges.
(e) Estimated Delivery Date. Once Bidz.com delivers your package with a shipper, the shipper provides an estimated delivery date. The estimated delivery date will be posted in your my Items.
(f) Lost Packages Lost packages should be reported within 48 hours of the estimated delivery date. We will not be liable for lost or stolen packages, packages containing missing products, or vandalized packages; in instances where you do not contact us within 48 hours of the estimated delivery date of the shipment in question. For prompt service, please forward all claims issues to: email@example.com.
10. NO WARRANTIES
THE SITE IS PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN AND SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ABOUT ANY PRODUCTS OR THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i)THE IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT; (ii) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR; (iii) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDEDONTHE SITEWILLBEAS REPRESENTED BY SELLERS, AVAILABLEFORSALEATTHETIME OF OFFER,LAWFUL TO SELL, OR THOSE THIRD PARTIES WILLPERFORM AS PROMISED; OR (iv) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF LIBERTYAUCTIONHOUSE.COM.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE USE OF THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU EXPRESSLY AGREE THAT USE OF THRE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS, USE OF THE SITE, THE INABILITY TO USE PRODUCTS OR THE SITE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER LIBERTYAUCTIONHOUSE.COM NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED ON THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LIBERTYAUCTIONHOUSE.COM AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES(INCLUDING BUT NOT LIMITEDTO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THESE TERMS; (B) YOURVIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
13. INTELLECTUAL PROPERTY
(a) Trademarks. Libertyauctionhouse.com’s names, logos and tag lines are trademarks of Libertyauctionhouse.com and any of its subsidiaries. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners. These Terms do not constitute a license to use any such trademarks.
(b) Copyrights and Copyright Agent. Libertyauctionhouse.com respects the rights of copyright owners. We have a policy that allows for the removal of material on the Site that infringes upon the rights of a copyright holder. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17U.S.C.512:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on line site are covered by a single notification, a representative list of such works at that site;
(iii)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Libertyauctionhouse.com’s Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is:
Liberty Auction House
500 North Michigan Avenue
Chicago, IL 60611
14. APPLICABLE LAW AND DISPUTE RESOLUTION
(a) Governing Law. Any actions arising out of, or in any manner affecting the interpretation of, these Terms as they pertain to any auction or product, or the Site, whether under these Terms or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and State of California, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods;(iii) the1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the1974 Convention, done at Vienna April 11, 1980. You hereby consent to the exclusive jurisdiction and venue of courts located in Orange County, California for litigation of disputes under these Terms.
(b) Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN ORANGE COUNTY, CALIFORNIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR LIBERTYAUCTIONHOUSE.COM MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN ORANGE COUNTY, CALIFORNIA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR LIBERTYAUCTIONHOUSE.COM PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.
15. GENERAL PROVISIONS
(a) Entire Agreement; Modification. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof. These Terms may be amended by Libertyauctionhouse.com from time to time without prior notice; no other amendments or modifications shall be effective unless in writing and signed by both parties.
(b) No Agency; Third-Party Beneficiary. Libertyauctionhouse.com is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned herein, or implied from these Terms, is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Libertyauctionhouse.com and you.
(c) Severability. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(d) Waiver. Libertyauctionhouse.com’s failure to enforce the strict performance of any provision of these Terms shall not constitute a waiver of its right to subsequently enforce such provision or any other provisions of these Terms.
(e) Headings. Section headings used herein are for convenience only and shall not be given any legal import.