GavelSnipe Terms & Conditions

The GavelSnipe Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices ("Agreement") contained herein. Your use of the GavelSnipe Web Site constitutes your acceptance to all of the following:

USE OF SITE

GavelSnipe authorizes you to view and use services at this Web site GavelSnipe.com ("Site") only for your personal, non-commercial use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use may violate copyright, trademark, and other laws. If you breach any of these terms, conditions, or notices, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. If you register with our Site for certain Services, this Agreement includes and incorporates additional terms specific to those Services.

MODIFICATION OF THESE TERMS OF USE

GavelSnipe.com reserves the right to change the terms, conditions, and notices under which the GavelSnipe Site/Services are offered, including, but not limited to, any charges associated with the use of the GavelSnipe site/Services. You are responsible for regularly reviewing these terms and conditions, and additional terms posted on particular websites. Your continued use of the GavelSnipe Site/Services constitutes your acceptance to all modified terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATIONS

Unless otherwise specified, the GavelSnipe Site/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the GavelSnipe Site/Service.

MEMBER ACCOUNT

In order to access certain services in GavelSnipe.com, you are required to specify a user ID and Password, that is unique and represents who you are in the Site. By accepting this agreement, you allow GavelSnipe to act as your proxy bidder and to place bids on your behalf. You are responsible for maintaining the confidentiality of your ID and password, and are fully responsible for all activities that occur under your ID or password. You agree to immediately notify GavelSnipe of any unauthorized use of your ID or password or any other breach of security. You also agree to exit from your account at the end of each session. GavelSnipe cannot and will not be liable for any loss or damage arising from your failure to do so. While you are using the services in our Site, you agree NOT to attempt to gain unauthorized access to any services of the Site, other accounts, computer systems or networks connected to any GavelSnipe servers or to any services of the Site, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree to allow GavelSnipe to use your realized pricing information from the auctions you snipe including descriptions, images, bidders and realized price.

TERMINATION / ACCESS RESTRICTIONS

GavelSnipe.com reserves the right, in its sole discretion, to terminate your access to any or all GavelSnipe Site/Services and the related services or any portion thereof at any time, without notice. Additionally, GavelSnipe.com may terminate the GavelSnipe Site/Services at any time, without notice. You accept this risk and waive any and all claims, of any nature whatsoever, associated with such termination of the GavelSnipe Site/Services or the closing of the web site. GavelSnipe.com may also terminate or suspend your access to GavelSnipe Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by GavelSnipe.com. The amount of time that GavelSnipe.com currently considers as an "extended" period of time is 6 months. Upon termination of the GavelSnipe Site/Service, your right to use the GavelSnipe Site/Service immediately ceases. GavelSnipe.com shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

SECURITY

The security of your information is a critical objective of the operations at GavelSnipe. Upon collection of your information, we encrypt your critical information in order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. To protect your privacy and security, we also take reasonable steps to verify your identity before granting access or making corrections.

PRIVACY

Your use of GavelSnipe is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the GavelSnipe Site/Service, you will not use the GavelSnipe Site/Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the GavelSnipe Site/Service in any manner that could damage, disable, overburden, or impair any GavelSnipe Site/Service (or the network(s) connected to any GavelSnipe Site/Service) or interfere with any other party's use and enjoyment of any GavelSnipe Site/Service. You may not attempt to gain unauthorized access to any GavelSnipe Site/Service, other accounts, computer systems or networks connected to any GavelSnipe Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the GavelSnipe Sites/Services.

SOFTWARE AND CONTENT

All content and software (if any) that is made available to view and/or download in connection with the GavelSnipe Site/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of GavelSnipe.com and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, GavelSnipe.com hereby grants to user a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular GavelSnipe Site/Service in accordance with this Agreement, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

THIRD-PARTY MERCHANT ADVERTISING

GavelSnipe may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to any transactions entered into between you and Merchants. You agree that your use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

FEES AND PAYMENT

GavelSnipe reserves the right to charge fees for certain services, as well as transaction fees based on certain completed transactions using the Services. GavelSnipe further reserves the right to alter any and all fees from time to time, without notice.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of GavelSnipe or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of GavelSnipe and protected by U.S. and international copyright laws. All software used on this site is the property of GavelSnipe or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a selling and selling management resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

All contents of the GavelSnipe Web Site is: Copyright 2000 - 2006 GavelSnipe.com and/or its suppliers, P.O. Box 35411, Dallas Texas 75235 U.S.A. All rights reserved. Any rights not expressly granted herein are reserved.

TRADEMARK NOTICES

GavelSnipe and the GavelSnipe logo are trademarks of GavelSnipe, Inc. in the United States and other countries. GavelSnipe's trademarks may not be used in connection with any product or service that is not GavelSnipe's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GavelSnipe. Other trademarks and trade names belong to their respective owners.

INDEMNIFICATION

You agree to indemnify, defend and hold GavelSnipe and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the GavelSnipe Site/Services may include inaccuracies or typographical errors. Changes are periodically made to the GavelSnipe Site/Services and to the information therein. GavelSnipe.com and/or its respective suppliers may make improvements and/or changes in the GavelSnipe Site/Services at any time. Advice received via the GavelSnipe Site/Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

GavelSnipe.com and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the GavelSnipe Site/Services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. GavelSnipe.com and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that GavelSnipe.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through GavelSnipe Site/Services. You specifically agree that GavelSnipe.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that GavelSnipe.com is not responsible for any content sent using and/or included in a GavelSnipe Site/Service by any third party.

In no event shall GavelSnipe.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the GavelSnipe Site/Services, with the delay or inability to use the GavelSnipe Site/Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the GavelSnipe Site/Services, or otherwise arising out of the use of the GavelSnipe Site/Services, whether based on contract, tort, negligence, strict liability or otherwise, even if GavelSnipe.com or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the GavelSnipe Site/Services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the GavelSnipe Site/Services.


Notice: GavelSnipe is affiliated with Heritage Auctions (HA). HA invested in GavelSnipe as a third party start-up. About 18 months later when its start-up funding ran out, HA commenced funding its operating costs rather than letting it cease its services. Many of HA's clients were using GavelSnipe to place their eBay and HA bids. HA felt it unfair to its clientele and other subscribers to discontinue the system. The system is operated on its own dedicated secure servers by an outside contractor, with occasional part time software maintenance by one internal programmer. Neither HA nor its owners or specialists/experts have access to any sniped bid amounts until after those bids are actually executed by GavelSnipe.