Dec. 20th Sports Card & Memorabilia Sale

DALLAS GOLD AND GUN, LLC., Dallasgoldandgun.hibid.com, subsidiary brands, affiliate platforms and its country specific URLs (hereinafter referred to as "DGG") SOFTWARE AND SERVICES AGREEMENT: THIS AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND DGG 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. ALL ITEMS SOLD AS IS, WHERE IS, BY BIDDING, THE BIDDER AGREES TO DGG"S SHIPPING AND HANDLING POLICY AND OTHER CHARGES, WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. BIDDER ALSO AGREES THAT NEITHER DELIVERY OF AN ITEM AFTER THE DATE DESIRED OR EXPECTED BY BIDDER OR LOSS OF AN ITEM BY A THIRD-PARTY DELIVERY ENTITY GIVES RISE TO A CAUSE FOR A CHARGEBACK CLAIM AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM. CREDIT CARDS ARE NOT ACCEPTED FOR ORDERS OVER $2500. General: I agree that the DGG 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 DGG Site ("Product(s)"). When making an offer to purchase a Product or Products which is accepted, I agree that DGG 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 DGG Site and on the terms set out on the DGG Site for payment, delivery and other material issues. Who is Responsible for Product Descriptions and Warranties? The DGG 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 DGG will not be responsible or liable to me for any of the factual and other content of the information posted on the DGG Site. If I have any complaint or claim to make in relation to the purchase of a Product on the DGG 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 DGG with respect to my use of the DGG 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 DGG 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 DGG or DGG Services. "Buyer" means an auction house, company or individual (you) purchasing a product posted for sale through DGG or DGG Services. 1A. If any dispute occurs between a bidder and DGG that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of Texas. DGG shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. In the event that an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in a DGG auction, the bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve any and all disputes which may arise with DGG. By doing so, the bidder specifically agrees that the bidder will not file a dispute of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that bidder will pay DGG a minimum of $250 plus hourly rates of $50/hr and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of DGG approval of the application of the bidder to bid in DGG auction, bidder confesses judgment to fraud having been committed by bidder against DGG and further agrees that bidder is liable to DGG for all damages, losses and costs, including time charges, resulting. 1B. DGG is Only a Venue. The Buyer hereby agrees and acknowledges that (i) DGG 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) DGG facilitates online participation in live auctions but is not a party to any actual transaction between the Buyers and Sellers; and (iii) DGG does not control whether an item is actually sold and to which bidder an item is sold. All coins are only guaranteed to be genuine, DGG does not guarantee any specific grade or condition of any item sold by DGG. Grading is considered an opinion and should be taken as such. Furthermore, we do not guarantee any third party opinions. Please view all items you intend to bid on and make your own determination of value and condition. 2. Services. The Buyer agrees and acknowledges that (i) DGG is not a certified Auction House and therefore does not conduct the Live Auctions (ii) DGG is solely a passive conduit to facilitate the live auctions and communication between the buyers and Sellers and that (iii) DGG reserves the right in its sole discretion to change some or all of its services at any time. 3. No Guarantee. DGG 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. DGG does not guarantee or covenant that the Live Auction technology, the DGG site or any related services will meet your requirements or be uninterrupted or error-free. DGG does not guarantee real-time performance of any service or that it will execute all online or absentee bids. DGG HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE DGG 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 DGG SITE. 4. NO WARRANTIES. YOU AS BUYER AGREE THAT DGG IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE DGG 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 DGG SOFTWARE, THE DATA ENTERED INTO THE SOFTWARE, THE SELLER'S AUCTION INFORMATION, OR ANY OF THE DGG 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 DGG 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 DGG OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DGG, 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 DGG SERVICES AND SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USAGE, OR NEGLIGENCE OF DGG OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS. 6. Bidder Services. DGG offers Buyers the opportunity to participate online as bidders in live auctions run by professional auctioneers and to compete with other online bidders and traditional on-site bidders ("Bidder Services"). DGG reserves the right, in our sole discretion, to add, delete or change some or all of our services at any time without notice. 7. No Cost. Currently, use of DGG Bidder Services is free. DGG 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 DGG Bidder Services and software. As a result, and without limiting the generality of the foregoing, DGG 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. DGG 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 DGG, 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 contain any viruses, 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, DGG will automatically round your bid up 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 email. Reserve bid amounts are displayed at the discretion of the Seller. If you are the winning bidder and do not pay your invoice or make plans to pay for your invoice within 7 days of the sale date, you will be charged a restocking fee of 10% of your invoice total. DGG is not liable for any errors made while operating the technology used to host online auctions. 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"). DGG 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, DGG reserves the right to terminate your use of Bidder Services at its sole discretion. 17. Release. Because DGG 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 DGG, 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 DGG. 19. Notices. Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide to DGG 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 the State of Texas. All parties agree that any claim under this Agreement shall be brought in a court of competent jurisdiction in Harris County, Texas. 21. Assignment. You will not assign or transfer this Agreement, or any of its rights and obligations hereunder without DGG'S prior written consent. 22. Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact DGG for any reason, please email