Whybidmore.com Terms of Service

AGREEMENT BETWEEN USER AND WHYBIDMORE.COM
This Web site is offered to you by Whybidmore Collectibles, Box 72449, Thorndale, Pennsylvania 19372 on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Website, including the auction registration webpage. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING WHYBIDMORE.COM'S SERVICES. YOU MAY NOT ACCESS OR USE THE SERVICES PROVIDED BY WHYBIDMORE.COM UNLESS YOU AGREE TO THEM. By using this Website, you acknowledge that you have read the terms, conditions and notices in this Agreement and you agree to accept them. Whybidmore.com reserves the right to change the terms, conditions and notices under which this Website is offered at any time in its sole discretion.

DESCRIPTION OF SERVICES
Whybidmore.com provides all users with collectibles resources and registered users with the option of buying and selling merchandise through an auction and classified advertising medium. The user understands that services provided by Whybidmore.com may contain advertisements, and that these advertisements are necessary for continued operations.

The user understands and agrees that the services provided by Whybidmore.com are provided "AS-IS" and that Whybidmore.com assumes no responsibility for the loss of personal materials or monies between registered or non-registered website users.

Users may not download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information, products or services obtained from Whybidmore.com without written permission from the staff at Whybidmore.com.

In consideration of your use of the services at Whybidmore.com, users agree to provide true, accurate and complete information about yourself during the registration process. Users are responsible to maintain current information at all times. Whybidmore.com has the right to suspend, terminate or refuse future service to anyone that uses untrue or innacurate information, or information believed to be untrue and innacurate.

CONDUCTING AUCTIONS
Assets are listed for the specified bidding periods shown on the Site and are deemed "sold" at the close of bidding which will be set at a time pre-determined by the Seller. Each Asset will have a description and disclosure information on the Site, as well as any additional conditions of sale provided by the Seller. Once bidding commences, Bidders may make a bid at any time prior to closing of the bidding. All Assets will have a minimum bid price disclosed on the Site. For certain Assets, the Seller may impose a reserve price which is not disclosed on the Site. If there are no bids above the minimum bid or reserve price (whichever is higher), then the Seller is not obligated to sell the Asset. After bidding closes on each Asset, Whybidmore.com will send the highest Bidder and Seller an email detailing the highest bid and contact information. In all auctions Buyers who receive a winning bid notice are legally bound to buy the asset at the quoted bid amount (see "Contractual Obligations of Buyers and Sellers" below), and the Seller is legally bound to sell the asset, pursuant to these Terms & Conditions, subject to the additional conditions of sale specified by Seller. The Seller is obligated to contact the winning Bidder within three (3) business days to complete the transaction (or the Seller may engage a representative, including Whybidmore.com, to contact the winning Bidder on the Seller's behalf, pursuant to prior agreement). After three (3) business days if the Seller is unable to contact the winning Bidder, for whatever reason, the Seller may, in its sole discretion (a) continue to attempt to contact the high bidder with assistance from Whybidmore.com; (b) after contacting Whybidmore.com, contact the second highest Bidder and sell the Asset to the second highest Bidder; or (c) re-list the asset on the Site. By selling an Asset to the next highest Bidder, neither the Seller nor Whybidmore.com is releasing any claims he/she/it may have against the highest Bidder for non-performance. Once the Seller contacts the winning Bidder, the Seller and winning Bidder shall complete the settlement of the purchase and sale of the Asset pursuant to "Settlement of Transactions" below.

WHO CAN SELL AT WHYBIDMORE.COM?
Sellers must be the rightful owners or authorized by the owners of such property, a court of law, or through power of attorney to sell an Asset. Sellers must produce evidence of ownership and/or authorization to sell an Asset upon request of Whybidmore.com or a Buyer.

WHO CAN BID AT WHYBIDMORE.COM?
Bidders must register with Whybidmore.com as a Member and be capable of forming legally binding relations under applicable law. The services provided by Whybidmore.com are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from, or otherwise incapable of, entering into binding contracts.

SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of an Asset following a completed bidding process shall be conducted pursuant to this Section, unless otherwise provided in the Seller's conditions of sale or in a written agreement executed by the Buyer and Seller. Unless otherwise provided in the Seller's conditions of sale or otherwise agreed upon by the Seller and Buyer in writing, final settlement shall take place no later than seven (7) business days after Buyer is given a Winning Bid notice.

MEMBER ACCOUNTS AND PASSWORDS
Users that register for the services available at Whybidmore.com will receive a username and password of the user's own discretion. Users are responsible for maintaining the confidentiality of the password and account, as well as all activity of that account.

If you believe that your account has been compromised, you agree to contact Whybidmore.com immediately. Whybidmore.com cannot and will not be liable for any loss or damage arising from the misuse of personal passwords.

CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS
Terms & Conditions As Contract. These Terms & Conditions, together with any additional conditions of sale provided by a Seller for a particular Asset disclosed on the Site, comprise a contract between a Seller and the winning Bidder in any completed auction. By bidding on an Asset a Bidder agrees, and by listing an Asset on the Site, a Seller agrees, to be bound by these Terms & Conditions and the Seller's conditions of sale included in the Asset's description, so long as those conditions of sale are not in violation of these Terms & Conditions or unlawful. In the event of any direct conflict between these Terms & Conditions and any conditions of sale provided by a Seller, then these Terms & Conditions shall prevail, except that in the event of a direct conflict regarding the timing and requirements of settlement provided in the Section entitled "Settlement of Transactions" above, then the Seller's conditions of sale shall prevail with respect to such provisions.

BINDING CONTRACT BETWEEN BUYER AND SELLER
A bid made by a Buyer is an offer to purchase the asset from the Seller at the stated bid price. The bid is an irrevocable offer, subject only to material changes in the description of an asset made after such bid is placed by a Buyer. Buyers are required to conduct any research or due diligence of an asset prior to making a bid (See "Buyer and Seller Contract Obligations" below). All Assets are listed and sold on an "as is" basis. If a Buyer bids on an asset and that bid represents the highest bid for that asset, and the highest bid is at or above the Seller's minimum and/or reserve price (whichever is higher), the Buyer's bid is deemed accepted by the Seller (subject to these Terms & Conditions, including the right of a Buyer to change or retract a bid in the event of a material change in the description of the Asset, as set forth below), except for an exceptional circumstance, such as a typographical error. Once a Buyer's bid is accepted by the Seller, the Buyer is obligated to purchase the asset at the price he/she/it offered and pursuant to these Terms & Conditions and the Seller's conditions of sale. If a Seller receives at least one bid at or above the Seller's stated minimum price (or in the case where the Seller has set a reserve price, at or above the reserve price), the Seller is obligated to complete the transaction with the highest Bidder upon the completion of the bidding, unless there is an exceptional circumstance, such as a clear typographical error or other conditions stated in these Terms & Conditions.

CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use of the Site by Members shall be conducted in compliance with applicable law. Purchases made on the Site are entirely without recourse to Whybidmore.com. All Members acknowledge and agree that closing of all sales of Assets may be subject to final approval of a court (including a bankruptcy court) or other agency and that if such approval is not obtained, the Seller may withdraw such Asset after a completed bidding process without any recourse or liability on the part of Seller.

BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions, and Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, Whybidmore.com retains the right to terminate a Member's rights to use the Site in the event a Member violates these Terms & Conditions. All Assets are listed and sold on the Site on an "as is" basis. Bidders are required to conduct any research or due diligence of an asset that they wish to conduct prior to making a bid. After the online bidding is complete, unless otherwise indicated/engaged, Buyers are responsible for taking all necessary actions to complete the sale once a Winning Bid notice is given to Buyer. Whybidmore.com retains the rights to terminate a Buyer's rights to use the Site in the event a Buyer fails to perform its obligations to settle on a completed auction.

SELLER RESPONSIBILITIES
Description of Assets. Sellers must accurately describe Assets in a listing provided for inclusion on the Site and shall be liable for any misstatements or omissions in such description. Failure to accurately describe an Asset could be fraudulent and could subject a Seller to civil and/or criminal liability, as well as being in violation of these Terms & Conditions. Whybidmore.com retains the right to terminate a Seller's rights to use the Site in the event a Seller includes material misstatements or omissions in an Asset's description. Prior to listing an Asset, Sellers shall provide to Whybidmore.com any terms or conditions of sale for particular Assets in addition to these Terms & Conditions. Sellers are responsible for complying with all applicable local, state, federal, or foreign laws, rules, regulations and legal approvals regarding the sale of any Assets. Sellers are also solely responsible for ensuring that all items offered for sale are offered in full compliance with any applicable legal limitations or restrictions.

UNLAWFUL AND PROHIBITED USE
Member is solely responsible for the contents of his/her/its transmissions through the Whybidmore.com site. Member's use of the Site is subject to all applicable local, state, national and international laws and regulations. Member agrees: (a) to comply with US law regarding the transmission of technical data exported from the United States through the Site; (b) not to use the Site for illegal purposes; (c) not to interfere or disrupt networks connected to the Site; and (d) to comply with all regulations, policies and procedures of networks connected to the Site. Member agrees not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member further agrees not to use the Site in a manner that violates any Federal, state or local laws or statute, including but not limited to the sale of any regulated substances.

PROHIBITED ACTIVITIES
Since Whybidmore.com contains auctions, classified ads, forums, and a website directory, you agree not use the Web site to:
* Post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable;
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website;
* Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;
* Disrupt or interfere with the operation of the Whybidmore.com;
* Violate any applicable local, state, national or international laws, including but not limited to: infringing patents, trademarks, copyrights, trade secrets, or other proprietory rights of any party;
* Collect or store personal data about other users;
* Harm minors in any way;
* Upload, post, email, transmit or make available any materials that contain software viruses, illegal computer codes, files or programs that are designed to interrupt, damage or destroy computer or electronic equipment;
* Harass other users of Whybidmore.com.

SUPERVISION OF CONTENT
Whybidmore.com reserves the right to supervise all material, content and information on its Site, including, but not limited to, asset listings and bidding activity, to determine compliance with the Terms & Conditions and all current and future operating procedures and rules of conduct established by Whybidmore.com. Whybidmore.com reserves the right, at its sole discretion, to amend, edit, remove or otherwise block any material posted by a Member, which may violate any state, federal or local law or violate any aspect of these Terms & Conditions or which may otherwise jeopardize the business operations or goals of Whybidmore.com.

ACCESS RESTRICTION
Whybidmore.com may, in its sole discretion, deny any user access to this Website or any portion of the site without notice. Whybidmore.com may also suspend or remove any user from any portion of the Website without notice.

INDEMNITY
Users of Whybidmore.com agree to indemnify and hold Whybidmore.com harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of, are connected with or directly relate to your wrongful or unlawful use of this Website or any breach of any representation or warranty made by you in this Agreement.

USE OF AUCTIONS
By posting auction listings or engaging in other communication at Whybidmore.com, you grant to Whybidmore.com a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against the Whybidmore.com for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.

LINKS TO OTHER WEB SITES
Whybidmore.com contains links to Websites operated by parties other than the Company. The links are provided for your convenience only. Whybidmore.com does not control the Websites and is not responsible for the content on such Websites. By offering links, Whybidmore.com is not implying that it endorses anything contained on such Web sites or has any association with the operators of the Websites.

LIABILITY DISCLAIMER
NEITHER WHYBIDMORE.COM, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF WHYBIDMORE.COM OR INABILITY TO USE WHYBIDMORE.COM (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY, LOSS OR DEATH CAUSED BY THE NEGLIGENCE OF WHYBIDMORE.COM PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF WHYBIDMORE.COM, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPHS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

RELATIONSHIP
You acknowledge and agree that communications and transmission to and from Whybidmore.com are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and Whybidmore.com other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and Whybidmore.com as a result of this Agreement or use of this Website.

GENERAL
This Agreement is governed by the laws of the United States and of the State of Maryland. You consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland U.S.A. in all disputes arising out of, or relating to, use of Whybidmore.com. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Website and this Agreement, including this paragraph.

In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.

COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are Copyright © 2002-2003 Whybidmore Collectibles and its respective website designers and programmers. All rights reserved. Whybidmore is a registered trademark of Whybidmore Collectibles. Other product and company names mentioned on this Web site may be the trademarks of their respective owners.