BID TO HUNT, LLC AND BID TO FISH, LLC TERMS OF USE AGREEMENT
This document describes terms and conditions applicable to your use of the services made
available by Bid to Hunt, LLC (“Bid to Hunt”) and Bid to Fish, LLC (“Bid to Fish”) collectively referred to as “us” and “we”.
Definitions
- “Auctioneer”means any individual user who lists a Good or Experience for sale on the
- “Goods”means any tangible personal property offered for sale on the Website by an Auctioneers
- “Experiences”means any intangible service, activity, or event offered for sale on the Website by an Auctioneer.
- “theWebsite(s)” and “the Site(s)” mean the websites that are controlled and managed by Bid to Hunt and Bid to Fish.
- “theServices” means the functionalities provided by Bid to Hunt and Bid to Fish that enable users to list, host, bid on, and purchase hunting and fishing experiences and related goods through an online auction platform. “the Services” expressly excludes the provision, sale or
delivery of any experience or goods themselves as well as ay verification, endorsement, or
guarantee of the quality, safety, legality or accuracy of the listings or the skills and licensing of any guides or experts associated with the Experiences listed on the Sites.
Section 1. General
1.1 Services.
This Terms and Conditions of Use Agreement (hereafter this “Agreement”) sets forth the general terms and conditions that apply to the use by you of the Sites, including the features and services offered by us from time to time at or through the Sites (collectively with the Sites, the
“Services”). BY USING THE SERVICES, YOU AGREE TO THE TERMS AND
CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between you and Bid to Hunt and Bid to Fish, and describes your responsibilities in connection with your use of the Services and, among other things, limits the liability of Bid to Hunt and Bid to Fish.
BEFORE USING ANY OF THE SERVICES, PLEASE READ ALL OF THIS AGREEMENT
CAREFULLY. By accessing or using any Services, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise
incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES.
1.2 Amendments.
We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our Sites. This Agreement may not otherwise be amended except in a writing signed by you and Bid to Hunt and Bid to Fish. Continued use of the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must
immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.
1.3 Additional Agreements.
The Services include, among other things, such services as: contacting or placing bids with
private hunting or fishing experiences or entities; searching and accessing past and upcoming auction records including, when available, object photos and estimated and realized prices;
looking up or searching for auctioneer information including contact information; registering to receive email alerts about Experiences or Goods offered at upcoming auctions; sharing auction item listings with friends. Additional terms and conditions of use applicable to your use of the
Services available at the Sites from time to time are or may be posted in relevant areas within the Sites or may be agreed upon by you and Bid to Hunt and Bid to Fish in a separate written
agreement (e.g. Subscription Agreement; auction conditions of sale; all such additional terms and conditions, “Additional Agreements”). Together with this Agreement, such Additional Agreements will govern your use of those Services, or any other services made available by us to you. We reserve the right, exercisable at our discretion, to change or discontinue without prior
notice some or all of the Services we provide from time to time at the Sites or change the applicable terms and conditions for your use of such Services as set forth in the Additional Agreements.
1.4 Accounts
Your Account is identified by the email address you provide, and you are the only party authorized to use your user ID (email address). You are responsible for maintaining the
confidentiality of your registered account with us and any password(s) you have chosen, or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe
that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately.
1.5 Covenant Regarding Your Account.
You agree that you will not maintain multiple registered accounts with us without our express written consent.
1.6 Equipment.
You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arising from or relating thereto.
1.7 Assumption of Risk
Users understand that Experiences may involve inherent and other risks, hazards, and dangers
that may arise from foreseeable and unforeseeable causes, including but not limited to forces of nature, weather conditions, unavailability of game, errors in judgment by Guides, and negligence of other Users or third parties. Users assume all risk of personal injury, illness, disability, death, and property loss or damage resulting from any Experience.
1.8 Bid to Hunt and Bid to Fish not involved in auctions/release.
We are not involved in actual transactions between users of the Sites or any “External Sites” as defined in section 5.1 below (whether such users are auctioneers, experience hosts, trade
members, curators, educators, antiques professionals, collectors or other third parties affiliated with Bid to Hunt and Bid to Fish). We have no control over the quality or legality of the items displayed on our Sites or the truth or accuracy of the descriptions of such items, upcoming
auction events or auction results displayed on our Sites. In the event that you have a dispute with any parties arising out of your use of the Sites you hereby release Bid to Hunt and Bid to Fish from claims, demands 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.
Section 2. Timed Auctions Participation
THE FOLLOWING DESCRIBES THE TERMS ON WHICH BID TO HUNT AND BID TO FISH OFFERS YOU ACCESS TO BID ONLINE AT TIMED AUCTIONS CONDUCTED BY PARTICIPATING AUCTIONERS.
2.1 Bid to Hunt and Bid to Fish Service as a Venue.
We are not an auctioneer and do not conduct the timed auctions. Our service allows you to
participate in timed auctions conducted by the auctioneers. We are solely a passive conduit to facilitate communication between you and the auctioneers. We do not own, create, sell, resell,
control, manage, offer, deliver, or supply any Experiences or Goods listed on the site. We reserve the right in our sole discretion to change some or all of our services at any time.
2.1.01 Control.
We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of either the seller or Experience/excursion host to sell or the ability of buyers to buy items. We do not ensure that a buyer or seller will actually complete a
transaction. We make no representations or warranties of any kind, express or implied, regarding the Experiences or Goods listed on the Site. This includes, but is not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
2.1.02 Release.
Because we are not involved in the actual transaction between buyers and auctioneers, in the event that you have a dispute with an auctioneer, you release us (and our officers, directors,
agents, parent, subsidiaries, joint ventures, and employees) from claims, demands 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 Section 1542, which
says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.”
2.2 Eligibility.
Each auctioneer that conducts a timed auction may have its own eligibility requirements that
must be met in order for you to participate in that auction. You may be required to apply for and obtain approval in order to participate in a specific timed auction, including in some cases providing credit card information if you have not done so previously. You agree to maintain at all times the accuracy of your account information including contact information, addresses and
credit card information, and to allow us to provide any of your account information to
auctioneers whenever necessary, including for participating in auctions. Approval to participate in one timed auction does not guarantee approval to participate in any other timed auction,
conducted either by that auctioneer, or another auctioneer. Each auctioneer has sole discretion to refuse to approve your eligibility for any timed auction.
2.3 Fees and Taxes.
Each auctioneer may charge a buyer’s premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as other shipping, handling, and other fees including applicable taxes, if any. auctioneer may facilitate shipping through a third-party,
however in all cases, the buyer will pay applicable shipping charges unless otherwise noted in the auctioneer terms and conditions. These fees are subject to change depending upon the
auctioneer and the particular Good or Experience for sale, and are set by the auctioneer. A fee is charged for all online purchases using the Service which will be in addition to the auctioneer
charges unless otherwise noted in the auctioneer terms and conditions. By using the Services,
you agree to be bound by and pay all fees according to the terms of this Agreement and the
auctioneer terms and conditions. Certain auctioneers may allow you to pay for items using the
online payment service powered by different third-party platforms. Your use of these third-party platforms is solely governed by their Terms of Service and Privacy Policy. You expressly
acknowledge and agree that, if you elect to use the any third-party platform for payment, neither Bid to Hunt and Bid to Fish nor the third-party platform is a party to any contract between you and any auctioneer. All transactions, using the third-party platform, remain subject to the
applicable auctioneer terms and conditions (including the refund policies posted therein).
If there are taxes, other governmental charges or any other fees associated with your purchase, these will be your responsibility to pay.
You may not use the third-party platform for payment for or to engage in activities prohibited by their terms or otherwise to violate applicable law. Either Bid to Hunt and Bid to Fish or the third party platform may decline to process transactions that are too large in dollar amount, too long in duration or exceed other risk parameters. In addition, the third-party platform may decline to
provide the Payment Service to you, or may impose a reserve requirement, or may limit
transaction size, or may decline to process a transaction, based on their then-current compliance and risk management programs or any other bona fide reason. You will indemnify, hold harmless and defend Invaluable, any third party platform and their respective affiliates and each of their
respective directors, officers, employees and agents from and against any and all claims, suits, actions, damages, demands, obligations, proceedings, investigations, liabilities or other losses of any kind (including reasonable attorneys’ fees and costs) arising from a claim based on, arising from or relating to your use of the Payment Service.
2.4 Auctioneers.
Auctioneers will list items up for auction for you to bid on. Auction dates and times, as well as the number, character, and order and schedule of the items to be auctioned are set by the
auctioneer and are subject to change without notice. Individual lots and items may be modified or changed at any time. Some lots and items that are made available on the auction floor will not be included in the online auction services. We do not control the information that is provided by auctioneer and which is made available through our system. We do not guarantee that the
auctioneers maintain proper auctioneer’s licenses or comply with all laws. Auctioneers warrant and represent that they have the legal right and authority to list all Goods and Experiences
offered for sale on the Website. Auctioneers shall provide truthful and accurate descriptions of all listings.
2.5 Bidding.
By bidding on any Goods or Experience, you agree to purchase the Good and/or Experience at the amount you have bid together with costs associated therewith that are disclosed on the Website.
Bid to Hunt and Bid to Fish reserve the right to take any adverse action, including without
limitation, termination of an account, against those who are deemed to be abusing bid retraction and cancellations.
You expressly acknowledge and agree that Bid to Hunt and Bid to Fish make no guarantee or
representation regarding the effectiveness or success of bids. By placing a bid for an auction, you expressly authorize Bid to Hunt and Bid to Fish to begin bidding against the then-highest bid on the website with respect to the applicable item(s) subject to such auction. You expressly
acknowledge that Bid to Hunt and Bid to Fish owes no duty to you to obtain the lowest possible price on behalf of you and that Bid to Hunt and Bid to Fish may not have access to bidding information on all relevant External Auction Sites. 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 the item, as well as
the specific conditions of sale (such as warranties, shipping costs, insurance, and the like) may change for each auction by the auctioneer. The auctioneer is required to post such terms and conditions and to maintain the terms throughout the auction period. You agree to be bound by those bidding terms and conditions of sale by agreeing to this Agreement. This Agreement, in addition to those auctioneer terms and conditions, govern your bidding activity as well as your
participation in an auction, except for timed auctions where the acceptance of bids is determined solely by Bid to Hunt and Bid to Fish’s technology, the auctioneer has the final determination with respect to the bidding on the item the sale of the item and the resolution of disputes, including the right using its sole discretion to: a) determine who is the successful bidder; b) reject any bid that it believes is not commensurate with the value of the item being offered; and c)
reject any bid that it believes may have a detrimental effect on the item in question, or the
auction as a whole. YOU AGREE TO BE BOUND TO ANY PURCHASES FOR WHICH YOU ARE THE HIGHEST BIDDER AND YOU FURTHER AGREE TO BE BOUND BY THESE TERMS OF USE.
2.6 Purchase Conditions
When buying a Good or Experience on Bid to Hunt and Bid to Fish, You agree to the rules and policies for buyers and acknowledge that: You are responsible for reading the full item listing
before making a bid or commitment to buy; You enter into a legally binding contract to purchase an item when You commit to buy an item, Your offer for an item is accepted, or if You have the winning bid (or Your bid is otherwise accepted); We do not transfer legal ownership of items
from the seller to the buyer.
2.7 Experiences.
You understand that participation in Experiences may be subject to clearing personal and criminal background checks and security screenings, including but not limited to U.S.
government’s terrorist and celebrity watch lists (collectively “Clearances”) prior to attendance at the Experience. By bidding on an Experience requiring Clearances, the Winning Bidder of such
Experience agrees, for himself/herself and for any and all of his/her potential attendees
(“Attendees”) at such Experience, to submit to all Clearances prior to the Experience as required, and you further agree to execute yourself, and to arrange for your Attendees (if applicable) to
execute, all required authorizations, waivers and approvals for said Clearances to be conducted and reviewed. If any potential Attendee, including you, does not meet the standards of the
Clearances, such person or persons will not be allowed to participate in the Experience. In the event one or more potential Attendees fails to meet the standards of the Clearances, if substitute Attendees are not identified and approved under the applicable Clearances, the Experience will be cancelled and you will forfeit the Total Purchase Price for such Experience.
2.8 No Warranty.
WITHOUT LIMITING SECTION 10 BELOW, WE DO NOT WARRANT THAT THE TIMED AUCTION SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT BIDS
WILL BE RECEIVED BY THE AUCTIONEER OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION, NOR DO WE
GUARANTEE THE PERFORMANCE OF ANY OBLIGATIONS BY AN AUCTIONEER.
2.9 Limitation of Liabilities.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BID TO HUNT AND BID TO FISH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR
SERVICES RESULTING FROM ANY PROPERTY AND/OR AN EXPERIENCE
PURCHASED OR OBTAINED, CONNECTION WITH THE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED OR RECEIVED BY YOU OR THE AUCTIONEER IN A TIMELY MANNER, OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO ON OR THROUGH THE SITE. BID TO HUNT AND BID TO FISH SHALL HAVE NO LIABILITY FOR ERRORS APPEARING ON DISPLAY OR WEBSITE. NOTWITHSTANDING THE FOREGOING, BID TO HUNT’S AND BID TO FISH ‘S LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES SHALL NOT EXCEED THE SERVICE FEE PROVIDED.
2.10 Removal of Listings
Bid to Hunt and Bid to Fish are committed to fostering a vibrant and secure online marketplace for the exchange of exceptional Goods and Experiences. We strive to maintain a curated platform, reserving the right to review and, at our sole discretion, remove any listing that we
deem not to align with our established quality standards.
This review process may not encompass every listing, and the ultimate responsibility for the accuracy of descriptions and the safety of offered items or experiences rests with the Auctioneer.
However, to ensure a positive user experience, we may remove listings that fall into the following categories:
- Listingscontaining misleading or demonstrably inaccurate
- Goodsdeemed damaged, unsafe, or otherwise unfit for
- Listingspromoting illegal activities or infringing upon intellectual property
We encourage all Users to carefully review listing details before placing bids. While we strive to maintain a high-quality environment, Bid to Hunt and Bid to Fish shall not be held liable for the condition, description, or safety of any listed item or experience.
Section 3. Information You Provide to Us
3.1 Your Information.
The term “Your Information” means collectively the following: (i) any information or materials you provide to us in connection with our registration process, your use of any Services, or in
email correspondence with us, (ii) any information or materials you provide to other users of the Sites in connection with your use of any Services, or in any public message board or chat room area, (iii) any information or materials you provide to auctioneers, dealers of goods, curators,
educators, antiques professionals, collectors, experience curators or other third parties affiliated with Bid to Hunt and Bid to Fish in connection with your use of any Services, and (iv) any
search terms or other instructions that you transmit to our servers through a web browser. Please note that the information and materials belonging to Your Information may include without
limitation textual information, graphic images, photographs, and audio-visual materials. Except as may be otherwise expressly provided to the contrary in this Agreement or the Additional Agreements, you are solely responsible for Your Information, and we act at all times as a passive conduit for your online distribution, communication, and/or publication of Your Information.
3.2 Covenant Regarding Your Information.
You agree that Your Information: (i) will not be false, inaccurate, frivolous, or misleading,
- willnot infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy,
- shallnot violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising),
- willnot be defamatory, trade libelous, unlawfully threatening , unlawfully harassing, or obscene,
- willnot contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system
information or other confidential data or personal information relating to or arising out of the access or use of the Services,
- willnot create any liability for Bid to Hunt and Bid to Fish or cause Bid to Hunt and Bid to Fish to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, (vii) will not contain any links to or from other information or websites for which you do not have the right to make or reproduce such links, and
- willnot solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity.
3.3 Updated Information.
If you are a registered user of the Sites, you agree to promptly update your account registration information in order to keep it current, complete, and accurate.
3.4 Limited License.
To enable us to use Your Information, so that we are not violating any rights you might have in Your Information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or hereafter existing, with respect to Your Information.
3.5 Privacy Policy.
We will only use Your Information in accordance with our Privacy Policy. By agreeing to the terms and conditions of this Agreement, you also give your consent to the way we may use your Information pursuant to the Privacy Policy. Any information you provide to an auctioneer or other third parties is governed by their respective privacy policies.
Additionally, privacy for European Union (EU) data subjects is controlled by the regulations set forth in the General Data Protect Regulation, or GDPR. Our privacy policy applies to EU data
subjects. If you do not agree to our Privacy Policy, YOU MUST NOT ACCESS OR USE THE SERVICES.
Section 4. Use of Content
4.1 Copyright.
You acknowledge that the Services contain information, text, software, photographs, music, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Bid to Hunt and Bid to Fish or third parties. All Content used or made available through the Services is copyrighted as a
collective work and/or compilation of Bid to Hunt and Bid to Fish pursuant to applicable copyright law. Bid to Hunt and Bid to Fish owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content, as well as in the content original to Bid to Hunt and Bid to Fish. You agree to comply with any additional copyright notices, information, or
restrictions contained in any Content available on or accessed through the Services. Bid to Hunt and Bid to Fish does not grant permission to users of its Services to reproduce images of original works of art.
4.2 Limited License.
Subject to your compliance with the terms and conditions of this Agreement (including without
limitation the restrictive terms and conditions set forth in this Section 4), and except to the extent otherwise expressly provided in an Additional Agreement between you and Bid to Hunt and Bid to Fish, you are granted a limited non-exclusive, non-transferable, non-sub-licensable, and
revocable license to access the Services and/or Content only for your own personal non- commercial use.
You acknowledge that all Content included with the Services is provided for your own use. In no case shall you re-publish the Content in any form without express written permission of Bid to Hunt and Bid to Fish. You will limit printouts for personal use of the material to a maximum of 35 individual text listings per individual. Reproduction of images is strictly prohibited without
the written permission of both Bid to Hunt and Bid to Fish and the originating auctioneer. Your right to use this product is limited to a single workstation unless an additional agreement for
network access has been signed by both parties. You acknowledge that you are not permitted to sell or otherwise dispose the software and that no rights granted hereunder may be assigned or sub-licensed by Licensee, any assignment or sublicense being void.
You agree to maintain and/or reproduce all copyright and other notices contained in such Services and/or Content. You may not modify, publish, transmit, transfer or sell, resell,
reproduce, create derivative works from, distribute, perform, display, or in any way exploit or commercially use any of the Services and/or Content, in whole or in part, except as expressly
permitted in this Agreement or in an Additional Agreement between you and Bid to Hunt and Bid to Fish. You acknowledge that you do not acquire any ownership rights by accessing or
downloading copyrighted materials. You shall not store electronically any portion of any
Services and/or Content. You may not collect and use e-mail addresses of other users of the Sites or other user account information, listings, or perform any form of data extraction or data mining whatsoever. Except as expressly permitted by the copyright laws, no copying, storage,
redistribution or publication of any of the Services and/or Content is permitted without the
express permission of Bid to Hunt and Bid to Fish or the owners of such Services and/or Content or their authorized persons, if other than Bid to Hunt and Bid to Fish. You are responsible for
complying with all applicable laws, rules, and regulations regarding your use of any such
downloaded Content. Bid to Hunt and Bid to Fish reserves all rights in the Content and Services not expressly granted hereunder.
4.3 Trademarks.
Bid to Hunt and Bid to Fish are trademarks of Bid to Hunt, LLC and Bid to Fish, LLC. All rights reserved. All other trademarks associated with product and company names that may appear in
connection with the posting of items for sale are the property of their respective owners. Use of such third-party trademarks does not suggest or imply any affiliation with or endorsement by
those third parties.
4.4 Uploading or Posting Content.
You will not upload, post, or otherwise make available through the Services any Content
protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting Content to any public area of the Sites, you
hereby grant, or warrant that the owner of such Content has expressly granted, Bid to Hunt and Bid to Fish a royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, publicly display and distribute such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user of the Services to access, view, store, or reproduce such Content for that user’s personal use.
4.5 Beneficiaries.
The foregoing provisions of this Section 3 are for the benefit of Bid to Hunt and Bid to Fish, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Section 5. Sites Access; Interference with Services; Monitoring; Compliance with Laws
5.1 Sites Access.
We do not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Sites may be interfered with by numerous factors outside of our control. Internet connection speed will determine how rapidly pages with photographs load to your browser.
5.2 No Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed
written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or the Services, or any transaction
being conducted on or through the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Sites.
5.3 Fraudulent Activity.
You may not register to use any Services under a false name or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any Goods or Experiences under a false name while using the Services. You may not impersonate any other
user of the Services, or make use of another user’s password(s). Such fraudulent conduct is a
violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.
EU data subjects who use of these services under fraudulent or false pretenses will potentially face limitations on their privacy protections under the General Data Protection Regulations (GDPR)
5.4 Monitoring.
You agree that Bid to Hunt and Bid to Fish has the right, but not the obligation, to monitor any form of user activity and/or Content linked to or from or otherwise associated with the Services.
We may investigate any reported violation of our Agreement, Additional Agreements or Sites policies, and any user or other third-party complaints relating thereto. We may take any action that we deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending, or terminating Services, denying Sites access and/or removing any materials posted on the Sites). We may also investigate, in our sole discretion, the use of any credit card by a user in connection with the Services, and take such
action as we deem necessary or appropriate, including without limitation contacting the owner or user of such card or canceling purchase orders placed by such owner or user.
5.5 Compliance with Laws.
The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding use of the Services and any
transactions that may be conducted by means of the Services.
Section 6. External Sites; Linking
6.1 External Sites.
The Services may contain links to websites on the Internet that are owned and operated by third parties (the “External Sites”). This Agreement does not apply to your use of any External Sites to which the Sites links, and we are not responsible for the availability of any External Sites to
which the Sites links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any External Sites, and you acknowledge
that Invaluable is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Sites. You acknowledge and agree that under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or
damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any External Sites. If you decide to access an External Sites, you do so at your own risk. You should contact the sites administrator or Webmaster for those External Sites if you have any concerns regarding such links or the
content or services located on such External Sites.
Section 7. Breach
7.1 Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registered user account and/or refuse to provide the Services to you: (i) if you breach this Agreement or any of the Additional Agreements it
incorporates by reference or which you have separately entered into with Bid to Hunt and Bid to Fish; (ii) if we are unable to verify or authenticate any information you provide to us; or (iii) if we believe that your actions may cause legal liability for you, us, our other users, or other third party business affiliates.
Section 8. Indemnity
8.1 Indemnification.
You agree to indemnify, defend, and hold Bid to Hunt and Bid to Fish and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the “Company Parties”) harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Company Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Bid to Hunt and Bid to Fish reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Bid to Hunt and Bid to Fish defense of such claim.
Section 9. Termination of or Change in the Services
9.1 Limits of Liability for Services Provided.
Bid to Hunt and Bid to Fish shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or
interruption to or of any of the Services. Bid to Hunt and Bid to Fish reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any
time for any reason without prior notice or liability. Bid to Hunt and Bid to Fish may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content without prior notice or liability.
Section 10. DISCLAIMER OF WARRANTIES
10.1 Disclaimer of Warranties
NEITHER BID TO HUNT AND BID TO FISH NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITES OR
SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES BID TO HUNT AND BID TO FISH, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY
WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITES, SERVICES OR THE CONTENT. THE SERVICES AND THE CONTENT ARE
DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. BID TO HUNT AND BID TO FISH EXPRESSLY DISCLAIM ANY WARRANTY AS TO THE SKILLS AND LICENSING OF ANY GUIDES OR EXPERTS ASSOCIATED WITH THE EXPERIENCES OR ANY
WARRANY OF THE QUALITY OF THE EXPERINECES THEMSELVES. NONE OF BID TO HUNT AND BID TO FISH, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITES, SERVICES, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES. NEITHER BID TO HUNT AND BID TO FISH NOR ANY THIRD-PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE SITES OR SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. WITHOUT LIMITING ANY PROVISION HEREIN, BID TO HUNT AND BID TO FISH MAKES NO WARRANTY THAT ANY PARTICULAR
COMPUTER SYSTEM CONFIGURATION WILL BE COMPATIBLE WITH THE SITES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR COMPUTER SYSTEM HAS THE RECOMMENDED HARDWARE, OPERATING SOFTWARE, AND INTERNET
BROWSER SOFTWARE VERSIONS TO ACHIEVE THE SITES FULL FUNCTIONALITY
AND CAPABILITIES. Some states do not allow the disclaimer of implied warranties or
limitation on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to you. You may have other rights, which vary from state to state.
10.2 Valuation.
Bid to Hunt and Bid to Fish Content is only one of several elements that you should consider in estimating value of a Good or Experience and depends upon the accuracy and timing of information which Bid to Hunt and Bid to Fish itself receives. Bid to Hunt and Bid to Fish
strongly recommends that its Content only be used in conjunction with other specialists or tools of assessing the value of a Good or Experience.
While Bid to Hunt and Bid to Fish will endeavor to use commercially reasonable efforts to confirm the authenticity of the Goods it receives and posts for auction via its websites, Bid to Hunt and Bid to Fish makes no claims, representations or warranties with regard to the
authenticity of any Goods sold on its websites. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, Bid to Hunt and Bid to Fish (including our affiliates, officers, directors, agents and employees) is not liable, and you agree not to hold Bid to Hunt and Bid to Fish responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or
consequential damages) resulting directly or indirectly from the items posted for sale on our
websites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. If you have purchased an item that is not as described in our posting for auction, your sole remedy is to return it in the condition you received it in exchange for a refund.
If you believe that an item posted for sale on our websites violates a trademark, copyright or other intellectual property right held by you, please notify us immediately regarding the posting in question and the basis for your claim so we can properly investigate your claim.
10.3 Translation Issues.
Invaluable and third-party content providers are not responsible for the translations provided by any third-party translators. The translated copies of the Sites are not legally binding, and any differences created in translation have no legal effect. Please be aware that the original lot
description in the auction catalogue provided by the auctioneer is the official Content. If there are any concerns regarding the accuracy of the information presented within the translated versions of our sites, please refer back to the official Content.
Section 11. LIMITATION OF LIABILITY
11.1 LIMITATION OF LIABILITY.
THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION 10 APPLY 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 BID TO HUNT AND BID TO FISH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11.2 RELIANCE.
UNDER NO CIRCUMSTANCES WILL BID TO HUNT AND BID TO FISH OR ITS
AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR THE SERVICES, OR ANY LOSS OR DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION CONTAINED ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE
EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING OPINIONS OR ADVICE REGARDING THE IDENTIFICATION, VALUATION OR CARE OF GOODS.
11.3 GENERAL DISCLAIMER
NEITHER BID TO HUNT AND BID TO FISH, ANY THIRD-PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE SITES OR SERVICES, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 TO US IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, AND (B) $100.00. Some states do not allow exclusion of
implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Bid to Hunt and Bid to Fish, third party content providers and their respective agents shall be limited to the greatest
extent permitted by law. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Section 12. MISCELLANEOUS
12.1 Copyright Infringement Policy.
Bid to Hunt and Bid to Fish observe the rights of all copyright holders and has adopted and
implemented a policy that provides for the termination in appropriate circumstances of users and registered account holders who infringe the rights of copyright holders.
12.2 Governing Law.
ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT, OR THE NEGOTIATION, VALIDITY OR PERFORMANCE OF THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF
KENTUCKY WITHOUT REGARD TO ITS RULES OF CONFLICT OF LAWS. Each of the
parties hereto hereby irrevocably and unconditionally consents to submit to the sole and
exclusive jurisdiction of the courts of the Commonwealth of Kentucky and of the United States of America located in the Commonwealth of Kentucky (the “Kentucky Courts”) for any
litigation among the parties hereto arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement, waives any objection to the laying of venue of any
such litigation in the Kentucky Courts and agrees not to plead or claim in any Kentucky Court
that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the Kentucky Courts.
12.3 Headings.
Section headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.4 Severability and Construction.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions of Additional Agreements
(whether such Additional Agreements are posted in electronic format on the Sites or are separate written agreements entered into between you and Invaluable) such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions of the Additional Agreements shall control.
12.5 Additional Waiver Information.
Bid to Hunt’s and Bid to Fish’s failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Bid to Hunt’s and Bid to Fish’s right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Bid to Hunt and Bid to Fish must be made in writing and signed by an authorized representative of
Invaluable specifically referencing this Agreement and the provision to be waived.
12.6 Assignment Third-Party Beneficiaries.
This Agreement will inure to the benefit of Bid to Hunt’s and Bid to Fish’s successors and
assigns. Except as set forth in this Agreement, this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto.
12.7 Survival.
Subsections 1.7, 3.1, 3.3, 3.4, 3.5, 4.3, 4.4 and 5.1 and Section 7, 8, 9, 10 and 11, shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.
12.8 Integration.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and except for any Additional Agreements that you may have entered into with
Invaluable, supersedes all previous written or oral agreements between the parties with respect to such subject matter hereof.