YOUR GUARANTEE OF SAFETY ONLINE
IN THE ONGOING OPERATION OF OUR ICOLLECTOR.COM,
LIVEAUCTIONWORLD.COM, LIVEAUCTIONGROUP.COM AND LIVEBIDDERNETWORK.COM
WEBSITES AND ITS COUNTRY SPECIFIC URLS (HEREINAFTER REFERRED TO AS
"PLATFORMS") JM WOOD AUCTION COMPANY (HEREINAFTER REFERRED TO AS "JM
WOOD") COLLECTS AND, IN SOME CASES, DISCLOSES INFORMATION ABOUT OUR
USERS. THIS PRIVACY POLICY DESCRIBES WHERE AND WHAT WE COLLECT AND
HOW WE USE YOUR INFORMATION. MOREOVER, SOME OF YOUR PERSONALLY
IDENTIFIABLE INFORMATION IS DISCLOSED TO AND MAY BE USED BY THIRD
PARTIES.
WHERE DOES JM WOOD COLLECT INFORMATION?
WE COLLECT INFORMATION FROM MANY AREAS ON OUR PLATFORMS. THESE
INCLUDE WHEN YOU REGISTER WITH ANY OR ALL OF THE PLATFORMS IN ORDER
TO PARTICIPATE IN OUR SERVICES, SUBMIT A FORM OR E-MAIL REQUESTING
INFORMATION FROM ONE OF THE LISTED DEALERS, GALLERIES, OR AUCTION
HOUSES AND WHENEVER YOU SUBSCRIBE TO OUR NEWSLETTER, ENTER A
COMPETITION, COMPLETE A QUESTIONNAIRE, LEAVE COMMENTS IN THE
FEEDBACK OR CONTACT SECTIONS WHICH ARE AVAILABLE THROUGHOUT THE
PLATFORMS.
WHAT INFORMATION DOES JM WOOD COLLECT?
THE TYPES OF PERSONAL INFORMATION WE MAY GATHER AMONG THE DIFFERENT
AREAS OF THE PLATFORMS MAY INCLUDE THE FOLLOWING: YOUR NAME, CONTACT
NAME, BILLING ADDRESS, SHIPPING ADDRESS, PHONE NUMBER, FAX NUMBER,
E-MAIL ADDRESS, RELEVANT PASSWORD, USER ID, CREDIT CARD INFORMATION.
LOG FILES
WE ALSO AUTOMATICALLY TRACK CERTAIN INFORMATION ABOUT YOU JUST IN
THE COURSE OF USING OUR PLATFORMS. THIS INFORMATION INCLUDES THE URL
THAT YOU JUST CAME FROM AND THE URL YOU GO TO NEXT, THE BROWSER YOU
ARE USING AND YOUR IP ADDRESS. THIS INFORMATION IS GATHERED FOR
SYSTEM ADMINISTRATION AND TO REPORT AGGREGATE INFORMATION TO OUR
ADVERTISERS. IT IS COMMON PRACTICE FOR MOST WEBSITES TO COLLECT THIS
INFORMATION AUTOMATICALLY. WE DO NOT GATHER PERSONALLY IDENTIFIABLE
INFORMATION FROM THIS TYPE OF USER TRACKING.
COOKIES
AS PART OF PROVIDING OUR SERVICES, JM WOOD USES COOKIES TO STORE AND
SOMETIMES TRACK INFORMATION ABOUT YOU. A COOKIE IS A SMALL AMOUNT OF
DATA THAT IS SENT TO YOUR BROWSER FROM A WEB SERVER AND STORED ON
YOUR COMPUTER'S HARD DRIVE. JM WOOD USES COOKIES WITH REGARDS TO THE
FOLLOWING AREAS: REGISTRATION AND MYACCOUNT. NO PERSONALLY
IDENTIFIABLE INFORMATION IS TIED TO OUR USE OF COOKIES.
HOW DOES JM WOOD USE YOUR INFORMATION?
IN AREAS THAT REQUIRE YOU TO SUBMIT PERSONAL INFORMATION SUCH AS OUR
REGISTRATION FORM, THIS IS TO ALLOW YOU TO PARTICIPATE IN CERTAIN
OFFERINGS SUCH AS ONLINE BIDDING SERVICES. FOR A FULL ACCOUNT OF THE
USE OF PERSONALLY IDENTIFYING INFORMATION, PLEASE SEE THE SECTIONS
BELOW: "WHO DOES JM WOOD DISCLOSE YOUR INFORMATION TO?" AND THE
SECTION "JM WOOD ONLY DISCLOSES PERSONAL INFORMATION IN LIMITED
CIRCUMSTANCES AS OUTLINED IN THE FOLLOWING SECTIONS."
COOKIES ARE USED TO MEASURE CERTAIN TRAFFIC PATTERNS, SUCH AS WHICH
AREA OF ICOLLECTOR.COM YOU HAVE VISITED, AND YOUR VISITING PATTERNS
IN THE AGGREGATE.
YOUR INFORMATION IS IMPORTANT FOR JM WOOD FOR INTERNAL PURPOSES. IT
HELPS US ANALYZE, IMPROVE AND TAILOR OUR PLATFORMS TO MEET YOUR
NEEDS. MORE SPECIFICALLY, JM WOOD MAY USE YOUR INFORMATION TO
ANALYZE SITE USAGE, TO HELP IN DEVELOPING OUR MARKETING AND PUBLIC
RELATIONS, AND TO IMPROVE THE SITE'S CONTENT, COMMERCIAL OFFERINGS,
LAYOUT AND USABILITY. IF WE REVEAL ANY USER INFORMATION FOR
MARKETING OR PR PURPOSES, IT IS ONLY IN AGGREGATE FORM AND NO
PERSONALLY IDENTIFYING INFORMATION THAT COULD BE SPECIFICALLY TIED
TO AN INDIVIDUAL IS EVER REVEALED IN THESE CIRCUMSTANCES.
WHO DOES JM WOOD DISCLOSE YOUR INFORMATION TO?
WE DO NOT SELL OR RENT ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT
OUR USERS TO ANY THIRD PARTY. FOR THE PURPOSE OF ADVERTISING,
VISITOR AND USER INFORMATION IS AGGREGATED FOR REPORTING TO
ADVERTISERS AND PROSPECTIVE PARTNERS. HOWEVER, IN THESE SITUATIONS,
WE NEVER DISCLOSE TO THESE ENTITIES ANY INFORMATION THAT COULD BE
USED TO PERSONALLY IDENTIFY YOU, SUCH AS YOUR NAME, ADDRESS, USER
ID, PASSWORD, AND CREDIT CARD NUMBER.
(I)LIVE AUCTIONS
JM WOOD'S CORE BUSINESS MODEL IS TO PROVIDE YOU WITH LIVE BIDDING
ACCESS TECHNOLOGY ON AUCTION HOUSE SALES. FROM THE PLATFORMS, WE
PROVIDE A LINK TO AN AUCTION HOUSE CATALOG FOR YOU TO REGISTER TO
BID, SIGN UP FOR THE SALE OF YOUR CHOICE, AND PLACE LIVE OR ABSENTEE
BIDS. REGISTRATION ON OUR PLATFORMS IS NECESSARY TO PERFORM CERTAIN
FUNCTIONS AND PARTICIPATE IN A LIVE AUCTION BIDDING PROCESS AND WE
MAY COLLECT OR TRACK ANY USER INFORMATION AS DESCRIBED ABOVE.
HOWEVER, ALL CUSTOMER SERVICE RELATED ENQUIRIES ARE HANDLED BY THE
ICOLLECTOR.COM CUSTOMER SERVICES TEAM AT SUPPORT@ICOLLECTOR.COM
WHEREBY PERSONALLY IDENTIFYING INFORMATION SUCH AS YOUR EMAIL
ADDRESS MAY BE DISCLOSED BY YOURSELVES IN ORDER TO ANSWER YOUR
ENQUIRY. THE AUCTION HOUSES PARTICIPATING IN LIVE AUCTIONS WILL ONLY
RECEIVE PERSONAL IDENTIFYING INFORMATION IN THE FOLLOWING
CIRCUMSTANCES: (1) TO COMPLETE A SALE IF YOU ARE THE WINNING BIDDER
ON A LOT; (2) IF THE AUCTION HOUSE HAS REQUESTED AHEAD OF TIME AND
YOU HAVE AGREED TO REGISTER WITH THEM PRIOR TO A LIVE SALE. SUCH
PERSONALLY IDENTIFYING INFORMATION COULD INCLUDE YOUR NAME, EMAIL
ADDRESS, HOME ADDRESS, PHONE NUMBER, FAX NUMBER AND CREDIT CARD
INFORMATION.
(II)ABSENTEE BIDDING ON AUCTION CATALOGS
WE HAVE DESIGNED ABSENTEE BIDDING ON AUCTION CATALOGS SO THAT NO
PERSONAL IDENTIFYING INFORMATION IS DISPLAYED ONLINE OR IS
ACCESSIBLE TO THE GENERAL PUBLIC. IN ABSENTEE BIDDING, YOUR BIDS ARE
NOT DISCLOSED AS IT IS A "CLOSED BIDDING" SYSTEM.
THE ONLY TIME ANY PERSONAL IDENTIFIABLE INFORMATION IS RELEASED IS
WHEN YOU SUBMIT AN ABSENTEE BID ON AN ITEM IN AN AUCTION HOUSE SALE.
SUCH PERSONALLY IDENTIFYING INFORMATION COULD INCLUDE YOUR NAME,
EMAIL ADDRESS, HOME ADDRESS, PHONE NUMBER, FAX NUMBER, CREDIT CARD
INFORMATION, BID AMOUNT AND LOT NUMBER.
WE NEVER DISCLOSE YOUR PASSWORD AND YOU MAY NOT DISCLOSE YOUR
PASSWORD TO ANY THIRD PARTIES OR SHARE IT WITH ANY THIRD PARTIES
WITHOUT RISKING COMPROMISE OF YOUR USER IDENTITY.
TERMS OF SERVICE
JM WOOD, ICOLLECTOR.COM, LIVEAUCTIONWORLD.COM, LIVEAUCTIONGROUP.COM,
LIVEBIDDERNETWORK.COM, SUBSIDIARY BRANDS, AFILIATE PLATFORMS AND ITS
COUNTRY SPECIFIC URLS (HEREINAFTER REFERRED TO AS "JM WOOD")
SOFTWARE AND SERVICES AGREEMENT: THIS AGREEMENT (THE "AGREEMENT") IS
A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY)
AND JM WOOD REGARDING THE USE OF ITS SOFTWARE AND/OR SERVICES.
BEFORE YOU CLICK ON THE "I AGREE" BUTTON BELOW THIS AGREEMENT,
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY
CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY
AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK
THE "I DISAGREE" BUTTON.
GENERAL:
WHO AM I CONTRACTING WITH? I AGREE THAT THE JM WOOD SITE IS A
WEBSITE AND A MERE CONDUIT FOR OFFERS AND ACCEPTANCE TO BE EXCHANGED
IN RELATION TO AUCTIONS OF PRODUCTS POSTED FOR SALE OR FOR AUCTION
ON THE JM WOOD SITE ("PRODUCT(S)"). WHEN MAKING AN OFFER TO PURCHASE
A PRODUCT OR PRODUCTS WHICH IS ACCEPTED, I AGREE THAT JM WOOD WILL
NOT BE A PARTY TO THAT AGREEMENT AND WILL HAVE NO RESPONSIBILITY
WHATSOEVER FOR PERFORMANCE OF THE SALE OR DELIVERY OF THE PRODUCT OR
PRODUCT(S) UPON PAYMENT. I FURTHER AGREE THAT, WHEN MAKING AN OFFER
TO PURCHASE A PRODUCT OR PRODUCTS, I WILL ENTER INTO A CONTRACT OF
PURCHASE WITH THE PERSON IDENTIFIED AS THE "SELLER" ON THE JM WOOD
SITE AND ON THE TERMS SET OUT ON THE JM WOOD SITE FOR PAYMENT,
DELIVERY AND OTHER MATERIAL ISSUES. WHO IS RESPONSIBLE FOR PRODUCT
DESCRIPTIONS AND WARRANTIES? THE JM WOOD SITE ENABLES INDIVIDUALS,
COMPANIES AND PROFESSIONAL AUCTIONEERS TO LIST PRODUCTS FOR SALE. IT
IS THOSE PERSONS WHO PREPARE THE PRODUCT DESCRIPTIONS WHICH APPEAR
ON THE SITE AND IT IS THOSE PERSONS WHO ARE RESPONSIBLE FOR THE
ACCURACY OF THE DESCRIPTIONS AND FOR ALL CONTRACTUAL AND OTHER
WARRANTIES MADE WITH RESPECT TO THE PRODUCT SOLD. I AGREE AND FULLY
UNDERSTAND THAT JM WOOD WILL NOT BE RESPONSIBLE OR LIABLE TO ME FOR
ANY OF THE FACTUAL AND OTHER CONTENT OF THE INFORMATION POSTED ON
THE JM WOOD SITE. IF I HAVE ANY COMPLAINT OR CLAIM TO MAKE IN
RELATION TO THE PURCHASE OF A PRODUCT ON THE JM WOOD SITE, I CAN
ONLY MAKE IT AGAINST THE PERSON IDENTIFIED AS THE "SELLER" ON THE
SITE. THE FOLLOWING ARE THE TERMS OF MY AGREEMENT WITH JM WOOD WITH
RESPECT TO MY USE OF THE JM WOOD SITE AS A "BUYER": DEFINITIONS:
"LIVE AUCTION" MEANS AN AUCTION WHEREIN REMOTE USERS CAN BID EITHER
THROUGH ABSENTEE BIDS OR REAL TIME BIDS THROUGH THE INTERNET USING
JM WOOD TECHNOLOGY ON ITEMS BEING AUCTIONED ON THE FLOOR OF AN
AUCTION HOUSE OR IN ANOTHER SUCH LIVE EVENT. "SELLER" MEANS AN
AUCTION HOUSE, COMPANY OR INDIVIDUAL LISTING PRODUCT FOR SALE
THROUGH JM WOOD OR JM WOOD SERVICES. "BUYER" MEANS AN AUCTION HOUSE,
COMPANY OR INDIVIDUAL (YOU) PURCHASING PRODUCT POSTED FOR SALE
THROUGH JM WOOD OR JM WOOD SERVICES.
1.
JM WOOD IS ONLY A VENUE. THE BUYER HEREBY AGREES AND ACKNOWLEDGES
THAT (I) JM WOOD HAS NO CONTROL OVER THE BUYERS OR SELLERS, THEIR
IDENTITIES, THE QUALITY OR ACCURACY OF PRODUCTS BEING OFFERED BY THE
SELLER OR THE ABILITY OF THE BUYER TO COMPLETE ANY TRANSACTION; (II)
JM WOOD FACILITATES ONLINE PARTICIPATION IN LIVE AUCTIONS BUT IS NOT
A PARTY TO ANY ACTUAL TRANSACTION BETWEEN THE BUYERS AND SELLERS;
AND (III) JM WOOD DOES NOT CONTROL WHETHER AN ITEM IS ACTUALLY SOLD
AND TO WHICH BIDDER AN ITEM IS SOLD.
2.
SERVICES. THE BUYER AGREES AND ACKNOWLEDGES THAT (I) JM WOOD IS NOT
A CERTIFIED AUCTION HOUSE AND THEREFORE DOES NOT CONDUCT THE LIVE
AUCTIONS (II) JM WOOD IS SOLELY A PASSIVE CONDUIT TO FACILITATE THE
LIVE AUCTIONS AND COMMUNICATION BETWEEN THE BUYERS AND SELLERS AND
THAT (III) JM WOOD RESERVES THE RIGHT IN ITS SOLE DISCRETION TO
CHANGE SOME OR ALL OF ITS SERVICES AT ANY TIME.
3.
NO GUARANTEE. JM WOOD DOES NOT GUARANTEE OR COVENANT THE ACCURACY OF
THE PRODUCT DESCRIPTION OR THAT THE IMAGES USED TO ILLUSTRATE
PRODUCTS ARE CORRECT OR DO NOT VIOLATE TRADEMARKS OR COPYRIGHTS. JM
WOOD DOES NOT GUARANTEE OR COVENANT THAT THE LIVE AUCTION
TECHNOLOGY, THE JM WOOD SITE OR ANY RELATED SERVICES WILL MEET YOUR
REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. JM WOOD DOES NOT
GUARANTEE REAL-TIME PERFORMANCE OF ANY SERVICE OR THAT IT WILL
EXECUTE ALL ONLINE OR ABSENTEE BIDS. JM WOOD HAS NOT UNDERTAKEN ANY
REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON
THE JM WOOD SITE AND PROVIDES NO GUARANTEES, COVENANTS,
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAID INFORMATION
AND ITS ACCURACY OR WITH RESPECT TO THE INTEGRITY OR SOLVENCY OF THE
"SELLERS" WHO POST PROPERTY FOR SALE THROUGH THE JM WOOD SITE.
4.
NO WARRANTIES. YOU AS BUYER AGREE THAT JM WOOD IS NOT PROVIDING ANY
WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS
SOLD OR AUCTIONED THROUGH THE JM WOOD SITE AND THAT ALL SUCH
WARRANTIES, COVENANTS AND REPRESENTATIONS ARE PROVIDED BY THE
"SELLER" IDENTIFIED IN THE SITE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, ONLY THE "SELLER" CAN PROVIDE YOU WITH WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. YOU HEREBY ACKNOWLEDGE AS BUYER THAT THE JM WOOD SOFTWARE,
THE DATA ENTERED INTO THE SOFTWARE, THE SELLER'S AUCTION
INFORMATION, OR ANY OF THE JM WOOD SERVICES TO BE PROVIDED MAY BE
INCORRECT, OR MAY BE PUBLICLY AVAILABLE, OR MAY NOT BE OR BECOME
AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION
PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD,
TECHNICAL FAILURE OF THE SOFTWARE, ERRORS AND OMISSIONS MADE IN
UPLOADING AUCTION DATA, FAILURE OF TELECOMMUNICATIONS
INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES,
DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, POWER
FAILURES, SYSTEM OR SERVER FAILURE, THE TURN OF THE MILLENNIUM,
TRAVEL DELAYS, INTERNET FAILURE, HACKERS, AND ACTIONS AND OMISSIONS
OF THIRD PARTIES.
5.
LIMITATION ON LIABILITY. YOU ASSUME ANY AND ALL DAMAGES RESULTING
FROM YOUR USE OF JM WOOD SERVICES AND AUCTION SOFTWARE AND THE
INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE
INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER
HARDWARE OR SOFTWARE WHETHER PROVIDED BY JM WOOD OR A THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
JM WOOD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES,
ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR
SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE
OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE USE OR INABILITY TO USE THE JM WOOD SERVICES AND
SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE
SOFTWARE OR USEAGE, OR NEGLIGENCE OF JM WOOD OR OF ANY OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS
SUPPLIERS OR LICENSORS.
7.
NO COST. CURRENTLY, USE OF JM WOOD BIDDER SERVICES IS FREE. JM WOOD
RESERVES THE RIGHT, IN OUR SOLE DISCRETION AND UPON REASONABLE
NOTICE, TO CHARGE FOR BIDDER SERVICES IN THE FUTURE.
8.
GENERAL ELIGIBILITY FOR BIDDER SERVICES. BECAUSE BUYERS USING BIDDER
SERVICES MAY ENTER INTO BINDING LEGAL AGREEMENTS TO PURCHASE GOODS
OR SERVICES BEING AUCTIONED, YOU MUST BE ABLE TO FORM A LEGALLY
BINDING CONTRACT UNDER APPLICABLE LAW TO USE JM WOOD BIDDER SERVICES
AND SOFTWARE. AS A RESULT, AND WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, JM WOOD'S SERVICES ARE NOT AVAILABLE TO MINORS.
9.
ELIGIBILITY FOR SPECIFIC AUCTIONS. SELLERS MAY HAVE DIFFERENT
STANDARDS FOR APPROVING INDIVIDUAL AUCTION PARTICIPANTS, YOU MAY BE
REQUIRED TO APPLY FOR AND OBTAIN APPROVAL TO PARTICIPATE IN A
SPECIFIC AUCTION. APPROVED BUYERS WILL RECEIVE A BIDDER NUMBER.
APPROVAL TO PARTICIPATE IN ONE AUCTION DOES NOT GUARANTEE APPROVAL
TO PARTICIPATE IN ANY OTHER AUCTION. JM WOOD AND EACH AUCTION HOUSE
RESERVE THE RIGHT TO REFUSE TO APPROVE ANY PERSON APPLYING TO
PARTICIPATE IN ANY AUCTION.
10.
AUCTION DATES AND TIMES. AUCTION DATES AND TIMES ARE SET BY THE
SELLER AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.
11.
BY SIGNING UP FOR AN INDIVIDUAL AUCTION WITH ICOLLECTOR/ JM WOOD,
YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BY THE AUCTION HOUSE
YOU WISH TO BID WITH IN ADDITION TO AGREEING WITH THE TERMS IN THIS
DOCUMENT.
12.
BIDDER INFORMATION. BIDDER INFORMATION INCLUDES ANY INFORMATION YOU
PROVIDE TO US DURING THE REGISTRATION OR BIDDING, IN ANY PUBLIC
MESSAGE AREA OR THROUGH ANY EMAIL FEATURE. YOU HEREBY REPRESENT AND
WARRANT THAT YOUR BIDDER INFORMATION: (A) IS TRUE AND ACCURATE; AND
(B) DOES NOT CON SES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS
OR OTHER COMPUTER PROGRAMMING ROUTINES WHICH MAY DAMAGE,
DETRIMENTALLY INTERFERE WITH, INTERCEPT OR EXPROPRIATE ANY SYSTEM,
DATA OR PERSONAL INFORMATION.
13.
BIDS. BY PLACING A SUCCESSFUL BID, YOU ARE ENTERING A BINDING
AGREEMENT BETWEEN YOURSELF AND THE SELLER. BIDS FOR A PARTICULAR
ITEM ARE SUBJECT TO A MINIMUM BID INCREMENT AS POSTED. IF YOU BID AN
AMOUNT BELOW THE MINIMUM INCREMENT YOUR BID WILL NOT BE ACCEPTED. IF
YOU BID AN AMOUNT BETWEEN INCREMENTS, JM WOOD WILL AUTOMATICALLY
ROUND YOUR BID DOWN TO THE NEAREST INCREMENT. ONCE ACCEPTED, BIDS
MAY NOT BE RETRACTED OR CANCELLED AND, UPON ACCEPTANCE BY THE
SELLER, CONSTITUTE A BINDING AGREEMENT BETWEEN THE BUYER AND SELLER.
BIDS FOR AN ITEM DO NOT APPLY TO SUBSEQUENT OFFERINGS OF IDENTICAL
OR SIMILAR ITEMS. A BID THAT WAS UNSUCCESSFUL MAY BE REINSTATED IF A
PROBLEM ARISES WITH A HIGHER BID. BIDDERS PLACING A WINNING BID
THROUGH BIDDER SERVICES WILL BE NOTIFIED BY E-MAIL. RESERVE BID
AMOUNTS ARE DISPLAYED AT THE DISCRETION OF THE SELLER.
14.
TAXES/ BUYER'S PREMIUM/ COMMISSIONS. YOU ARE RESPONSIBLE FOR ANY
TAXES, BUYER'S PREMIUM AND COMMISSION CHARGES APPLICABLE TO THE
PURCHASE OF AUCTIONED GOODS OR SERVICES OBTAINED THROUGH THE USE OF
BIDDER SERVICES.
15.
AUCTION DATA. YOU HEREBY AGREE NOT TO RECORD, STORE, DUPLICATE,
REPRODUCE, RE-BROADCAST OR OTHERWISE EXPLOIT ANY DATA OR AUDIO/VIDEO
CONTENT TRANSMITTED TO YOU AS PART OF BIDDER SERVICES DURING A LIVE
AUCTION (COLLECTIVELY, "AUCTION DATA"). JM WOOD OWNS ALL RIGHT TITLE
AND INTEREST IN AND TO ALL AUCTION DATA, INCLUDING ALL INTELLECTUAL
PROPERTY RIGHTS THEREIN AND THERETO.
16.
TERMINATION. WITHOUT LIMITING ANY OTHER REMEDIES, JM WOOD RESERVES
THE RIGHT TO TERMINATE YOUR USE OF BIDDER SERVICES AT ITS SOLE
DISCRETION.
17.
RELEASE. BECAUSE JM WOOD IS NOT A PARTY TO ANY ACTUAL TRANSACTION
BETWEEN BIDDERS AND AUCTION HOUSES, IN THE EVENT THAT YOU HAVE A
DISPUTE WITH ONE OR MORE AUCTION HOUSES ARISING OUT OF YOUR USE OF
BIDDER SERVICES, YOU HEREBY RELEASE JM WOOD, THE NAA, ITS AGENTS,
EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY CLAIMS, DEMANDS AND
DAMAGES (WHETHER DIRECT OR INDIRECT) OF ANY KIND AND NATURE, KNOWN
AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
18.
NO AGENCY. THIS AGREEMENT DOES NOT GIVE RISE TO ANY AGENCY,
PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR
FRANCHISOR-FRANCHISEE RELATIONSHIP BETWEEN YOURSELF AND JM WOOD.
19.
NOTICES. EXCEPT AS EXPLICITLY STATED OTHERWISE, ANY NOTICES SHALL BE
GIVEN BY EMAIL TO THE EMAIL ADDRESS YOU PROVIDE TO JM WOOD DURING
THE REGISTRATION PROCESS. NOTICE SHALL BE DEEMED GIVEN 24 HOURS
AFTER EMAIL IS SENT, UNLESS THE SENDING PARTY IS NOTIFIED THAT THE
EMAIL ADDRESS IS INVALID.
20.
GOVERNING LAW AND LANGUAGE. THIS AGREEMENT WILL BE GOVERNED AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF BRITISH COLUMBIA AND THE
LAWS OF CANADA APPLICABLE THEREIN. ALL PARTIES AGREE THAT ANY CLAIM
UNDER THIS AGREEMENT SHALL BE BROUGHT IN A COURT OF COMPETENT
JURISDICTION IN BRITISH COLUMBIA.
21.
ASSIGNMENT. YOU WILL NOT ASSIGN OR TRANSFER THIS AGREEMENT, OR ANY
OF ITS RIGHTS AND OBLIGATIONS HEREUNDER WITHOUT JM WOOD'S PRIOR
WRITTEN CONSENT.
22.
CONTACT INFORMATION. SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS
AGREEMENT, OR IF YOU DESIRE TO CONTACT JM WOOD FOR ANY REASON,
PLEASE CALL 334-264-3265, FAX 334-269-6990