Random Coin Gold Give Away & Coin Auction

Auction Terms & Conditions Auctioneer and Auction: 1. This Auction is presented by Random Coin. The Auction is conducted under these Terms and Conditions of Auction and applicable state and local law. All bidders must register and be approved by Random Coin. Buyer's Premium: 2. Buyer's premium is 12.5%. 3. This Auction is conducted solely on the Internet, no other bids are accepted. 4. Any person participating or registering for the Auction agrees to be bound by and accepts these Terms and Conditions of Auction ("Bidder(s)"). 5. All Bidders must meet Random Coin qualifications to bid. Any Bidder who is not a client in good standing of Random Coin may be disqualified at Random Coin sole option and will not be awarded lots. Such determination may be made by Random Coin in its sole and unlimited discretion, at any time prior to, during, or even after the close of the auction. Random Coin reserves the right to exclude any person from the auction. 6. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid. Credit: 7. In order to place bids, Bidders must supply valid credit card information along with a social security number or the last four digits thereof so a credit check may be performed prior to Random Coin acceptance of a bid. Bidding Options: 8. Bids are only accepted in U.S. Dollars at www.hibid.com. 9. Random Coin is not responsible for your errors in bidding, so carefully check that every bid is entered correctly. In addition, Random Coin is not responsible for internet problems or issues with the auction website. 10. Bid Increments. Bid increments (over the current bid level) determine the lowest amount you may bid on a particular lot. Bids greater than one increment over the current bid can be any whole dollar amount. Bids will be accepted in whole dollar amounts only. No "buy it now" or "unlimited" bids will be accepted. Current Bid................................Bid Increment $.25 - $4.75.........................................25 Cents $5 - $9.50............................................50 Cents $10 - $29.............................................$1 $30 - $48............................................ $2 $50 - $495.......................................... $5 500 and over???......................... $10 11. The highest qualified Bidder recognized by Random Coin shall be the Buyer. 12. Random Coin reserves the right to refuse to honor any bid or to limit the amount of any bid, in its sole discretion. A bid is considered not made in "Good Faith" when made by an insolvent or irresponsible person, a person under the age of eighteen, or is not supported by satisfactory credit, collectibles references, or otherwise. 13. All lots start at 25 Cent with no reserve. If a bid is accepted, the item will sell to the highest bidder regardless of price. 14. All items are to be purchased per lot as numerically indicated and no lots will be broken. 15. Random Coin reserves the right to withdraw, prior to the close, any lots from the Auction. 16. Random Coin reserves the right to rescind the sale in the event of nonpayment, Random Coin clerical error or for any other reason and in Random Coin sole discretion. In cases of nonpayment, Random Coin election to void a sale does not relieve the Bidder from their obligation to pay Random Coin its fees (buyer's premium) and any other damages or expenses pertaining to the lot. 17. HiBid occasionally experiences Internet and/or Server service outages, during which bidders cannot participate or place bids. If such outages occur, Random Coin may at our discretion extend bidding for the Auction. 18. Due to Minnesota law it is possible Minnesota Residents and/or any bidder with a Minnesota shipping address will be restricted from bidding on some or all items in the auction. Notice of such cases will be made in the description of each effected item. If there is no mention of this restriction in the description, Minnesota residents and/or bidders with a Minnesota shipping address are eligible to bid. Payment: 19. All sales are strictly for payment in United States Dollars to be paid by the Credit Card on file. Random Coin has contracted with First Data to charge all credit cards of winning bidders for the total of the invoice immediately after the close of the auction. This will include the total of all winning bids, buyer's premium and shipping charges. All sales are final with no refunds and no charge backs are allowed. 20. Random Coin does guarantee the item is the item in the pictures, if there is a discrepancy between the title and/or the description and the picture, the picture is correct and is the item being auctioned. Random Coin does not guarantee any statement of grade, condition or value. This information is an opinion and to be used for informational purposes only. It is the sole responsibility of the bidder to determine the grade, condition and the value of each item and to bid accordingly. All written information in the title, description or any other location is for informational purposes only and not to be misconstrued as being a guaranty. All statements of metal content are guaranteed to be correct. In the event of metal content being incorrect or item being counterfeit or fake, Random Coin will issue a refund upon return of the item unless it is stated in the description and/or title. All return shipping charges are to be paid be the buyer. 21. Payment is due upon closing of the Auction session and will be charged automatically to the credit card on file. 22. Lots delivered to you, or your representative are subject to all applicable state and local taxes, unless appropriate permits are on file with Random Coin. Bidder agrees to pay Random Coin the actual amount of tax due in the event that sales tax is not properly collected. Lots from different Auctions may not be aggregated for sales tax purposes. 23. In the event that a Bidder's payment is dishonored by the credit card company on file. Bidder is responsible to make payment by changing the credit card on file to a valid credit card and is responsible for any charges associated with the transaction. 24. All winning bidders are responsible for attorney's fees, court costs, and other collection costs incurred by Random Coin to collect unpaid invoiced charges 25. In the event a successful Bidder fails to pay any amounts due, Random Coin reserves the right to sell the lot(s) at subsequent auctions conducted by Random Coin or by any other means at the sole discretion of Random Coin. The defaulting Bidder is liable to pay any difference between his total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold at subsequent auction if conducted by Random Coin. 26. Random Coin requires payment in full in good funds before delivery of the merchandise. 27. Item shall not pass to the successful Bidder until all invoices are paid in full. 28. Domestic Shipping charges are a flat rate of $5 for each bidder's winning bids for each auction ($5 total cost for shipping). All items will be shipped with insurance coverage included at no additional charge. 29.International shipping will be actual cost including insurance. Bidders are responsible to know the laws of their country and under no circumstances will Random Coin ship an item in violation to these laws. If the bidder wants an estimate of shipping and/or to know if an item can be shipped, please contact Random Coin at randomcoinauction@gmail.com prior to bidding. All customs and/or import fees are the resposibility of the buyer. 30. All items will be shipped to the address on file. 31. Any request for shipping verification for undelivered packages must be made within 30 days of shipment by Random Coin. Cataloging, Warranties and Disclaimers: 32. EXCEPT FOR METAL CONTENT NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY TITLE, DESCRIPTION OR ANY OTHER WRITTEN INFORMATION CONTAINED IN THIS AUCTION. WINNING BIDS AND BUYER'S PREMIUM OF ANY ITEMS DETERMINED TO BE COUNTERFEIT, FAKE OR METAL CONTENT IN THE TITLE AND/OR DESCRIPTION WILL BE REFUNDED UPON RETURN RECEIPT OF THE ITEM. SHIPPING CHARGES WILL BE REFUNDED ONLY IF ALL ITEMS WON WERE IDENTIFIED AS COUTERFEIT, FAKE OR METAL CONTENT IN ERROR. RETURN SHIPPING IS THE RESPONSIBILITY OF THE BUYER. ANY RETURNS FOR THE REASON OF INVALID METAL CONTENT OR ITEM BEING COUNTERFEIT OR FAKE MUST BE MADE WITHIN 30 DAYS OF RECEIPT OF ITEM. Any description of the items contained in this Auction is for the sole purpose of identifying the items for Bidders, and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by Random Coin. Color variations can be expected in any electronic or printed imaging, and are not grounds for the return of any lot. 33. Translations of foreign language Items may at times be provided as a convenience to interested parties. Random Coin makes no representation as to the accuracy of those translations and will not be held responsible for errors in bidding arising from inaccuracies in translation. 34. Random Coin disclaims all liability for damages, consequential or otherwise, arising out of or in connection with the sale of any Property by Random Coin to Bidder. No third party may rely on any benefit of these Terms and Conditions and any rights, if any, established hereunder are personal to the Bidder and may not be assigned. Any statement made by Random Coin is an opinion and does not constitute a warranty or representation. No employee of Random Coin may alter these Terms and Conditions, and, unless signed by a principal of Random Coin, any such alteration is null and void. 35. Random Coin shall not be liable for breakage or damage during or after shipment, in any event, shall not be a basis for any claim for return or reduction in purchase price. All claims will be handled through shipment insurance. Release: 36. In consideration of participation in the Auction and the placing of a bid, Bidder expressly releases Random Coin, its officers, directors and employees, its affiliates, and its outside experts that provide second opinions, from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that such rights and privileges conferred therein are strictly construed as specifically declared herein; e.g., authenticity, typographical error, etc. and are the exclusive remedy. Bidder, by non-compliance to these express terms of a granted remedy, shall waive any claim against Random Coin. 37. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and Conditions of Auction, and specifically agrees to the dispute resolution provided herein. Consumer disputes shall be resolved through court litigation which has an exclusive Spring, Texas venue clause and jury waiver. Non-consumer dispute shall be determined in binding arbitration which arbitration replaces the right to go to court, including the right to a jury trial. 38. Random Coin in no event shall be responsible for consequential damages, incidental damages, compensatory damages, or any other damages arising or claimed to be arising from the auction of any lot. In the event that Random Coin can not deliver the lot, in such cases the sole remedy shall be limited to rescission of sale and refund of the amount paid by Bidder; in no case shall Random Coin maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. After one year has elapsed, Random Coin maximum liability shall be limited to any commissions and fees Random Coin earned on that lot. 39. Exclusive Dispute Resolution Process: All claims, disputes, or controversies in connection with, relating to and /or arising out of your Participation in the Auction or purchase of any lot, any interpretation of the Terms and Conditions of Sale or any amendments thereto, any description of any lot or condition report, any damage to any lot, any alleged verbal modification of any term of sale or condition report or description and/or any purported settlement whether asserted in contract, tort, under Federal or State statute or regulation or any claim made by you of a lot or your Participation in the auction involving the auction or a specific lot involving a warranty or representation of a consignor or other person or entity including Auctioneer {which claim you consent to be made a party} (collectively, "Claim") shall be exclusively heard by, and the claimant (or respondent as the case may be) and Random Coin each consent to the Claim being presented in a confidential binding arbitration before a single arbitrator administrated by and conducted under the rules of, the American Arbitration Association. The locale for all such arbitrations shall be Spring, Texas. The arbitrator's award may be enforced in any court of competent jurisdiction. If a Claim involves a consumer, exclusive subject matter jurisdiction for the Claim is in the State District Courts of Harris County, Texas and the consumer consents to subject matter and in personal jurisdiction; further CONSUMER EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY. A consumer may elect arbitration as specified above. Any claim involving the purchase or sale of numismatic or related items may be submitted through binding PNG arbitration. Any Claim must be brought within two (2) years of the alleged breach, default or misrepresentation or the Claim is waived. Exemplary or punitive damages are not permitted and are waived. A Claim is not subject to class certification. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return. This Agreement and any Claim shall be determined and construed under Texas law. The prevailing party (a party that is awarded substantial and material relief on its damage claim based on damages sought vs. awarded or the successful defense of a Claim based on damages sought vs. awarded) may be awarded its reasonable attorneys' fees and costs. 40. In consideration of their participation in or application for the Auction, a person or entity (whether the successful Bidder, a Bidder, a purchaser and/or other Auction participant or registrant) agrees that all disputes in any way relating to, arising under, connected with, or incidental to these Terms and Conditions and purchases, or default in payment thereof, shall be arbitrated pursuant to the arbitration provision. In the event that any matter including actions to compel arbitration, construe the agreement, actions in aid of arbitration or otherwise needs to be litigated, such litigation shall be exclusively in the Courts of the State of Texas, in Harris County, Texas, and if necessary the corresponding appellate courts. For such actions, the successful Bidder, purchaser, or Auction participant also expressly submits himself to the personal jurisdiction of the State of Texas. 41. These Terms & Conditions provide specific remedies for occurrences in the auction and delivery process. Where such remedies are afforded, they shall be interpreted strictly. Bidder agrees that any claim shall utilize such remedies; Bidder making a claim in excess of those remedies provided in these Terms and Conditions agrees that in no case whatsoever shall Auctioneer's maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. Miscellaneous: 42. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Random Coin in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Random Coin may from time to time contact Bidder concerning sale, purchase, and auction opportunities available through Random Coin and its affiliates and subsidiaries. Auctioneer and Auction: 1. This Auction is presented by Random Coin. The Auction is conducted under these Terms and Conditions of Auction and applicable state and local law. All bidders must register and be approved by Random Coin. Buyer's Premium: 2. Buyer's premium is 12.5%. 3. This Auction is conducted solely on the Internet, no other bids are accepted. 4. Any person participating or registering for the Auction agrees to be bound by and accepts these Terms and Conditions of Auction ("Bidder(s)"). 5. All Bidders must meet Random Coin qualifications to bid. Any Bidder who is not a client in good standing of Random Coin may be disqualified at Random Coin sole option and will not be awarded lots. Such determination may be made by Random Coin in its sole and unlimited discretion, at any time prior to, during, or even after the close of the auction. Random Coin reserves the right to exclude any person from the auction. 6. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid. Credit: 7. In order to place bids, Bidders must supply valid credit card information along with a social security number or the last four digits thereof so a credit check may be performed prior to Random Coin acceptance of a bid. Bidding Options: 8. Bids are only accepted in U.S. Dollars at www.hibid.com. 9. Random Coin is not responsible for your errors in bidding, so carefully check that every bid is entered correctly. In addition, Random Coin is not responsible for internet problems or issues with the auction website. 10. Bid Increments. Bid increments (over the current bid level) determine the lowest amount you may bid on a particular lot. Bids greater than one increment over the current bid can be any whole dollar amount. Bids will be accepted in whole dollar amounts only. No "buy it now" or "unlimited" bids will be accepted. Current Bid................................Bid Increment $.25 - $4.75.........................................25 Cents $5 - $9.50............................................50 Cents $10 - $29.............................................$1 $30 - $48............................................ $2 $50 - $495.......................................... $5 500 and over???......................... $10 11. The highest qualified Bidder recognized by Random Coin shall be the Buyer. 12. Random Coin reserves the right to refuse to honor any bid or to limit the amount of any bid, in its sole discretion. A bid is considered not made in "Good Faith" when made by an insolvent or irresponsible person, a person under the age of eighteen, or is not supported by satisfactory credit, collectibles references, or otherwise. 13. All lots start at 25 Cent with no reserve. If a bid is accepted, the item will sell to the highest bidder regardless of price. 14. All items are to be purchased per lot as numerically indicated and no lots will be broken. 15. Random Coin reserves the right to withdraw, prior to the close, any lots from the Auction. 16. Random Coin reserves the right to rescind the sale in the event of nonpayment, Random Coin clerical error or for any other reason and in Random Coin sole discretion. In cases of nonpayment, Random Coin election to void a sale does not relieve the Bidder from their obligation to pay Random Coin its fees (buyer's premium) and any other damages or expenses pertaining to the lot. 17. HiBid occasionally experiences Internet and/or Server service outages, during which bidders cannot participate or place bids. If such outages occur, Random Coin may at our discretion extend bidding for the Auction. 18. Due to Minnesota law it is possible Minnesota Residents and/or any bidder with a Minnesota shipping address will be restricted from bidding on some or all items in the auction. Notice of such cases will be made in the description of each effected item. If there is no mention of this restriction in the description, Minnesota residents and/or bidders with a Minnesota shipping address are eligible to bid. Payment: 19. All sales are strictly for payment in United States Dollars to be paid by the Credit Card on file. Random Coin has contracted with First Data to charge all credit cards of winning bidders for the total of the invoice immediately after the close of the auction. This will include the total of all winning bids, buyer's premium and shipping charges. All sales are final with no refunds and no charge backs are allowed. 20. Random Coin does guarantee the item is the item in the pictures, if there is a discrepancy between the title and/or the description and the picture, the picture is correct and is the item being auctioned. Random Coin does not guarantee any statement of grade, condition or value. This information is an opinion and to be used for informational purposes only. It is the sole responsibility of the bidder to determine the grade, condition and the value of each item and to bid accordingly. All written information in the title, description or any other location is for informational purposes only and not to be misconstrued as being a guaranty. All statements of metal content are guaranteed to be correct. In the event of metal content being incorrect or item being counterfeit or fake, Random Coin will issue a refund upon return of the item unless it is stated in the description and/or title. All return shipping charges are to be paid be the buyer. 21. Payment is due upon closing of the Auction session and will be charged automatically to the credit card on file. 22. Lots delivered to you, or your representative are subject to all applicable state and local taxes, unless appropriate permits are on file with Random Coin. Bidder agrees to pay Random Coin the actual amount of tax due in the event that sales tax is not properly collected. Lots from different Auctions may not be aggregated for sales tax purposes. 23. In the event that a Bidder's payment is dishonored by the credit card company on file. Bidder is responsible to make payment by changing the credit card on file to a valid credit card and is responsible for any charges associated with the transaction. 24. All winning bidders are responsible for attorney's fees, court costs, and other collection costs incurred by Random Coin to collect unpaid invoiced charges 25. In the event a successful Bidder fails to pay any amounts due, Random Coin reserves the right to sell the lot(s) at subsequent auctions conducted by Random Coin or by any other means at the sole discretion of Random Coin. The defaulting Bidder is liable to pay any difference between his total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold at subsequent auction if conducted by Random Coin. 26. Random Coin requires payment in full in good funds before delivery of the merchandise. 27. Item shall not pass to the successful Bidder until all invoices are paid in full. 28. Domestic Shipping charges are a flat rate of $5 for each bidder's winning bids for each auction ($5 total cost for shipping). All items will be shipped with insurance coverage included at no additional charge. 29.International shipping will be actual cost including insurance. Bidders are responsible to know the laws of their country and under no circumstances will Random Coin ship an item in violation to these laws. If the bidder wants an estimate of shipping and/or to know if an item can be shipped, please contact Random Coin at randomcoinauction@gmail.com prior to bidding. All customs and/or import fees are the resposibility of the buyer. 30. All items will be shipped to the address on file. 31. Any request for shipping verification for undelivered packages must be made within 30 days of shipment by Random Coin. Cataloging, Warranties and Disclaimers: 32. EXCEPT FOR METAL CONTENT NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY TITLE, DESCRIPTION OR ANY OTHER WRITTEN INFORMATION CONTAINED IN THIS AUCTION. WINNING BIDS AND BUYER'S PREMIUM OF ANY ITEMS DETERMINED TO BE COUNTERFEIT, FAKE OR METAL CONTENT IN THE TITLE AND/OR DESCRIPTION WILL BE REFUNDED UPON RETURN RECEIPT OF THE ITEM. SHIPPING CHARGES WILL BE REFUNDED ONLY IF ALL ITEMS WON WERE IDENTIFIED AS COUTERFEIT, FAKE OR METAL CONTENT IN ERROR. RETURN SHIPPING IS THE RESPONSIBILITY OF THE BUYER. ANY RETURNS FOR THE REASON OF INVALID METAL CONTENT OR ITEM BEING COUNTERFEIT OR FAKE MUST BE MADE WITHIN 30 DAYS OF RECEIPT OF ITEM. Any description of the items contained in this Auction is for the sole purpose of identifying the items for Bidders, and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by Random Coin. Color variations can be expected in any electronic or printed imaging, and are not grounds for the return of any lot. 33. Translations of foreign language Items may at times be provided as a convenience to interested parties. Random Coin makes no representation as to the accuracy of those translations and will not be held responsible for errors in bidding arising from inaccuracies in translation. 34. Random Coin disclaims all liability for damages, consequential or otherwise, arising out of or in connection with the sale of any Property by Random Coin to Bidder. No third party may rely on any benefit of these Terms and Conditions and any rights, if any, established hereunder are personal to the Bidder and may not be assigned. Any statement made by Random Coin is an opinion and does not constitute a warranty or representation. No employee of Random Coin may alter these Terms and Conditions, and, unless signed by a principal of Random Coin, any such alteration is null and void. 35. Random Coin shall not be liable for breakage or damage during or after shipment, in any event, shall not be a basis for any claim for return or reduction in purchase price. All claims will be handled through shipment insurance. Release: 36. In consideration of participation in the Auction and the placing of a bid, Bidder expressly releases Random Coin, its officers, directors and employees, its affiliates, and its outside experts that provide second opinions, from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that such rights and privileges conferred therein are strictly construed as specifically declared herein; e.g., authenticity, typographical error, etc. and are the exclusive remedy. Bidder, by non-compliance to these express terms of a granted remedy, shall waive any claim against Random Coin. 37. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and Conditions of Auction, and specifically agrees to the dispute resolution provided herein. Consumer disputes shall be resolved through court litigation which has an exclusive Spring, Texas venue clause and jury waiver. Non-consumer dispute shall be determined in binding arbitration which arbitration replaces the right to go to court, including the right to a jury trial. 38. Random Coin in no event shall be responsible for consequential damages, incidental damages, compensatory damages, or any other damages arising or claimed to be arising from the auction of any lot. In the event that Random Coin can not deliver the lot, in such cases the sole remedy shall be limited to rescission of sale and refund of the amount paid by Bidder; in no case shall Random Coin maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. After one year has elapsed, Random Coin maximum liability shall be limited to any commissions and fees Random Coin earned on that lot. 39. Exclusive Dispute Resolution Process: All claims, disputes, or controversies in connection with, relating to and /or arising out of your Participation in the Auction or purchase of any lot, any interpretation of the Terms and Conditions of Sale or any amendments thereto, any description of any lot or condition report, any damage to any lot, any alleged verbal modification of any term of sale or condition report or description and/or any purported settlement whether asserted in contract, tort, under Federal or State statute or regulation or any claim made by you of a lot or your Participation in the auction involving the auction or a specific lot involving a warranty or representation of a consignor or other person or entity including Auctioneer {which claim you consent to be made a party} (collectively, "Claim") shall be exclusively heard by, and the claimant (or respondent as the case may be) and Random Coin each consent to the Claim being presented in a confidential binding arbitration before a single arbitrator administrated by and conducted under the rules of, the American Arbitration Association. The locale for all such arbitrations shall be Spring, Texas. The arbitrator's award may be enforced in any court of competent jurisdiction. If a Claim involves a consumer, exclusive subject matter jurisdiction for the Claim is in the State District Courts of Harris County, Texas and the consumer consents to subject matter and in personal jurisdiction; further CONSUMER EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY. A consumer may elect arbitration as specified above. Any claim involving the purchase or sale of numismatic or related items may be submitted through binding PNG arbitration. Any Claim must be brought within two (2) years of the alleged breach, default or misrepresentation or the Claim is waived. Exemplary or punitive damages are not permitted and are waived. A Claim is not subject to class certification. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return. This Agreement and any Claim shall be determined and construed under Texas law. The prevailing party (a party that is awarded substantial and material relief on its damage claim based on damages sought vs. awarded or the successful defense of a Claim based on damages sought vs. awarded) may be awarded its reasonable attorneys' fees and costs. 40. In consideration of their participation in or application for the Auction, a person or entity (whether the successful Bidder, a Bidder, a purchaser and/or other Auction participant or registrant) agrees that all disputes in any way relating to, arising under, connected with, or incidental to these Terms and Conditions and purchases, or default in payment thereof, shall be arbitrated pursuant to the arbitration provision. In the event that any matter including actions to compel arbitration, construe the agreement, actions in aid of arbitration or otherwise needs to be litigated, such litigation shall be exclusively in the Courts of the State of Texas, in Harris County, Texas, and if necessary the corresponding appellate courts. For such actions, the successful Bidder, purchaser, or Auction participant also expressly submits himself to the personal jurisdiction of the State of Texas. 41. These Terms & Conditions provide specific remedies for occurrences in the auction and delivery process. Where such remedies are afforded, they shall be interpreted strictly. Bidder agrees that any claim shall utilize such remedies; Bidder making a claim in excess of those remedies provided in these Terms and Conditions agrees that in no case whatsoever shall Auctioneer's maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot. Miscellaneous: 42. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Random Coin in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Random Coin may from time to time contact Bidder concerning sale, purchase, and auction opportunities available through Random Coin and its affiliates and subsidiaries. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.