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Terms of Use of AtAuction.com

WELCOME TO ATAUCTION.COM. YOUR USE OF ATAUCTION.COM IS GOVERNED BY THESE Terms of Use. BY ACCESSING AND USING ATAUCTION.COM, YOU AGREE THAT YOUR ACCESS TO AND USE OF ATAUCTION.COM IS SUBJECT TO THESE TERMS AND CONDITIONS.

These Terms and Conditions May Change

AtAuction (hereinafter "AtAuction" or "AtAuction.com") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING ATAUCTION'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

User Conduct

Use of AtAuction.com is for lawful purposes only and is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to AtAuction that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.

Every person who uses AtAuction.com shall not post or transmit through AtAuction.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without AtAuction express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a user of AtAuction.com that in AtAuction discretion restricts or inhibits any other user from using or enjoying AtAuction.com will not be permitted. Users of the site shall not use AtAuction.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with AtAuction.com.

You are responsible for maintaining the confidentiality of your AtAuction account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use AtAuction.com only with involvement of a parent or guardian.

Disclaimer and Limitation

ATAUCTION.COM IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, ATAUCTION.COM AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, ATAUCTION.COM AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE ATAUCTION.COM WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES, SHALL ATAUCTION.COM OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE ATAUCTION.COM, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

ALL PRODUCTS SOLD BY ATAUCTION.COM ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, ATAUCTION.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, ATAUCTION.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON ATAUCTION.COM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL ATAUCTION, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT SOLD ON ATAUCTION.COM. IN NO EVENT SHALL ATAUCTION'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ATAUCTION 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 LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION 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.

Copyright

If you believe that you have been defamed in some manner by the AtAuction.com web site or your own work has been copied in a way that constitutes copyright infringement, please provide AtAuction the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the AtAuction.com web site; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf.

General Counsel

c/o AtAuction

11031 Grissom Ln

Dallas, TX 75229

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on AtAuction.com, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. AtAuction may change, delete, or update any Content at any time and without prior notice. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by AtAuction or by third parties that have licensed their use to AtAuction. You may view and use the Content only for your personal information and for bidding and ordering on AtAuction.com. Except as set forth above, AtAuction does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process any of the Content.

Supplemental Terms

Compare At Price: The Compare At Price is based on what we believe to be the maximum prices other jewelers advertise online for similar jewelry items. This price in no way reflects worth, suggested retail price or an actual advertised price.

You should always make sure to have all the information provided in the description page of the auction evaluated with your local appraiser/jeweler before you bid or buy.

The purpose of the Compare At Price is to demonstrate the advantage of an auction starting at $1.

Frivolous Bidding: In an effort to maintain our auctions free from frivolous bidding, AtAuction reserves the right to remove erroneous bids from an auction and extend the auction for no longer than 25 minutes. If no other bids are placed during the extension the auction will be awarded to the next highest bidder.

AtAuction may also declare a winner prior to the auction closing.

Your Transactions and Obligations: By entering into this Agreement and bidding on a product, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

If an item purchased on AtAuction.com is being shipped to Texas, AtAuction must charge sales/use tax on the transaction.

AtAuction accepts credit card/debit card payments for orders using Visa, MasterCard, Discover and American Express Card. You warrant that any payment method selected by you when placing a bid shall enable you to make full and immediate payment for the item(s) chosen, if your bid becomes the winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, AtAuction may in it sole and absolute discretion cancel your bid. In such case, AtAuction may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder.

Correction of Errors and Inaccuracies.

The information on AtAuction.com may contain typographical errors or inaccuracies and may not be complete or current. AtAuction reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.

Illegal Activity

The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding and purchasing items. 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 participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and AtAuction will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on AtAuction.com or the bid price of any product listed on the Site, or influencing user behavior on AtAuction.com.

Termination

AtAuction, shall have the right without notice and at any time to terminate or modify this Agreement, access to AtAuction.com or any service offered by AtAuction, or any current transaction or any individual's right to access or use AtAuction.com immediately without notice for any reason.

Miscellaneous

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Texas, without regard to its conflicts or choice of law principles. You agree that, in any legal action arising from or related to your use of or orders placed on AtAuction.com or to these Terms of Use, the United States District Courts for Texas shall have sole and exclusive jurisdiction and venue over such action.

AtAuction is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement 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 this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of AtAuction and you.

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

AtAuction's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of AtAuction's right to subsequently enforce such provision or any other provisions of this Agreement.

YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES 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 DALLAS, TEXAS, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR ATAUCTION MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN DALLAS, TEXAS, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR ATAUCTION 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 AND CONDITIONS


In addition to the great values you determine through the $1 start bid, No Reserve Auctions, we offer the ability to earn Bid Bucks in the amount of 5% of your total net Winning Auction purchases for a calendar month. These Bid Bucks can be applied as a discount towards your next winning auction of the following month.