Seller Registration


ListingBidder, Inc. Universal Terms of Service Agreement
Last Revised: September 7, 2015
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT
CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and
between ListingBidder, Inc. (“LB”) and you (“User”), and is made effective as of the date
of electronic acceptance. This Agreement sets forth the general terms and conditions
relating to LB's website services (the “Services”) accessed through the
ListingBidder.com website (this “Website”), and is in addition to (not in lieu of) any
specific terms and conditions that apply to the particular Services you access through this
Website.
Your electronic acceptance of this Agreement signifies that you have read, understand,
acknowledge and agree to be bound by this Agreement. The terms “we”, “us” or “our”
shall refer to LB. The terms “you”, “your”, “user” or “customer” shall refer to any
individual or entity who accepts this Agreement. Nothing in this Agreement shall be
deemed to confer any third-party rights or benefits.
LB, in its sole and absolute discretion, may change or modify this Agreement, and any
policies or agreements which are incorporated herein, at any time, and such changes or
modifications shall be effective immediately upon posting to this Website. You
acknowledge and agree that (i) LB may notify you of such changes or modifications by
posting them to this Website and (ii) your use of this Website or the Services found on
this Website after such changes or modifications have been made (as indicated by the
“Last Revised” date at the top of this page) shall constitute your acceptance of this
Agreement as last revised. If you do not agree to be bound by this Agreement as last
revised, do not use (or continue to use) this Website or the Services found on this
Website. In addition, LB may occasionally notify you of changes or modifications to this
Agreement by email. It is therefore very important that you keep your account
(“Account”) information, including your email address, current. LB assumes no liability
or responsibility for your failure to receive an email notification if such failure results
from an inaccurate or out-of-date email address.
2. ELIGIBILITY; AUTHORITY
This Website and the Services found on this Website are available only to users who can
form legally binding contracts under applicable State law. By using this Website or the
Services found on this Website, you represent and warrant that you are (i) at least
eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally
binding contracts under State law.
If you are entering into this Agreement on behalf of a corporate entity, you represent and
warrant that you have the legal authority to bind such corporate entity to the terms and
conditions contained in this Agreement, in which case the terms "you", "your", "user" or
"customer" shall refer to such corporate entity. If, after your electronic acceptance of this
Agreement, LB reasonably determines that you do not have the legal authority to bind
such corporate entity, you shall bear the burden of proving such alleged legal authority to
the satisfaction of LB within forty-eight (48) hours of written notice of same by LB. If
legal authority is not proven during said timeframe, you agree to accept personal liability
for the obligations contained in this Agreement. LB is entitled to rely upon and shall not
be liable for any loss or damage resulting from LB's reliance on any instruction, notice,
document or communication reasonably believed by LB to be genuine and originating
from an authorized representative of your corporate entity. If there is reasonable doubt
about the authenticity of any such instruction, notice, document or communication, LB
reserves the right (but undertakes no duty) to require additional authentication from you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Website or use some of the
Services found on this Website, you will be required to create an Account. You represent
and warrant to LB that all information you submit when you create your Account is
accurate, current and complete, and that you will keep your Account information
accurate, current and complete. If LB reasonably determines in its sole discretion that
your Account information is untrue, inaccurate, out-of-date or incomplete, LB reserves
the right, in its sole and absolute discretion, to suspend or terminate your Account. You
are solely responsible for the activity that occurs on your Account, whether authorized by
you or not, and you must keep your Account information secure, including without
limitation your login password. For security purposes, LB recommends that you change
your password at least once every six (6) months for each Account you have with LB.
You must notify LB immediately of any breach of security or unauthorized use of your
Account. LB will not be liable for any loss you incur due to any unauthorized use of your
Account. You, however, may be liable for any loss LB or others incur caused by your
Account, whether caused by you, or by an authorized person, or by an unauthorized
person.
Transfer of Data Abroad. If you are visiting this Website from a country other than the
USA, your communications with us may result in the transfer of information (including
your Account information) across international boundaries. By visiting this Website and
communicating electronically with us, you consent to such transfers.
4. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
1. Your use of this Website and the Services found at this Website, including any
content you submit, will comply with this Agreement and all applicable local,
state, national and international laws, rules and regulations. LB shall not bear
responsibility for compliance with any laws, rules and regulations other than those
of the State of California and the USA.
2. You will not impersonate another User or any other person or entity, or submit
content on behalf of another User or any other person or entity, without their
express prior written consent.
3. You will not collect or harvest (or permit anyone else to collect or harvest) any
User Content (as defined below) or any non-public or personally identifiable
information about another User or any other person or entity without their express
prior written consent.
4. You will not use this Website or the Services found on this Website in a manner
(as determined by LB in its sole and absolute discretion) that:
o Is illegal, or promotes or encourages illegal activity;
o Promotes, encourages or engages in defamatory, harassing, abusive or
otherwise objectionable behavior;
o Promotes, encourages or engages in any spam or other unsolicited bulk
email, or computer or network hacking or cracking;
o Infringes on the intellectual property rights of another User or any other
person or entity;
o Violates the privacy or publicity rights of another User or any other person
or entity, or breaches any duty of confidentiality that you owe to another
User or any other person or entity;
o Interferes with the operation of this Website or the Services found on this
Website;
o Contains or installs any viruses, worms, bugs, Trojan horses or other code,
files or programs designed to, or capable of, disrupting, damaging or
limiting the functionality of any software or hardware; or
o Contains false or deceptive language, or unsubstantiated or comparative
claims, regarding LB or LB's Services.
5. You will not copy or distribute in any medium any part of this Website or the
Services found on this Website, except where expressly authorized by LB.
6. You will not modify or alter any part of this Website or the Services found on this
Website or any of its related technologies.
7. You will not access LB Content (as defined below) or User Content through any
technology or means other than through this Website itself, or as LB may
designate.
8. You agree to back-up all of your User Content so that you can access and use it
when needed. LB does not warrant that it backs-up any Account or User Content,
and you agree to accept as a risk the loss of any and all of your User Content.
9. You will not use this Website or the Services found on this Website, including
any of LB's related technologies, for any commercial use without LB's express
prior written consent.
LB reserves the right to modify, change, or discontinue any aspect of this Website or the
Services found on this Website.
5. YOUR USE OF LB CONTENT AND USER CONTENT
LB Content. Except for User Content, the content on this Website and the Services found
at this Website, including without limitation the text, software, scripts, source code,
graphics, photos, sounds, music, videos and interactive features and the trademarks,
service marks and logos contained therein (“LB Content”), are owned by or licensed to
LB in perpetuity, and are subject to copyright, trademark, and/or patent protection in the
United States, and other intellectual property rights under United States and foreign laws.
LB Content is provided to you “as is”, “as available” and “with all faults” for your
information and personal, non-commercial use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any purposes whatsoever without the express prior written consent of LB.
No right or license under any copyright, trademark, patent, or other proprietary right or
license is granted by this Agreement. LB reserves all rights not expressly granted in and
to the LB Content, this Website and the Services found on this Website, and this
Agreement does not transfer ownership of any of these rights.
User Content. Some of the features of this Website may allow Users to view, post,
publish, share, store, or manage ideas, opinions, recommendations, or advice (“User
Content”). By posting or publishing User Content to this Website, you represent and
warrant to LB that (i) you have all necessary rights to distribute User Content via this
Website or via the Services found on this Website, either because you are the author of
the User Content and have the right to distribute the same, or because you have the
appropriate distribution rights, licenses, consents, and/or permissions to use, in writing,
from the copyright or other owner of the User Content, and (ii) you do not violate the
rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the securityrelated
features of this Website (including without limitation those features that prevent
or restrict use or copying of any LB Content or User Content) or enforce limitations on
the use of this Website or the Services found on this Website, the LB Content or the User
Content therein.
6. LB'S USE OF USER CONTENT
Generally. You shall be solely responsible for any and all of your User Content or User
Content that is submitted through your Account, and the consequences of, and
requirements for, distributing it.
With Respect to User Content. You acknowledge and agree that:
1. Your User Content is entirely voluntary.
2. Your User Content does not establish a confidential relationship or obligate LB to
treat your User Content as confidential or secret.
3. LB has no obligation, either express or implied, to develop or use your User
Content, and no compensation is due to you or to anyone else for any intentional
or unintentional use of your User Content.
4. LB may be working on the same or similar content, it may already know of such
content from other sources, it may simply wish to develop this (or similar) content
on its own, or it may have taken / will take some other action.
LB shall own exclusive rights (including all intellectual property and other proprietary
rights) to any User Content posted on this Website, and shall be entitled to the
unrestricted use and dissemination of any User Content posted on this Website for any
purpose, commercial or otherwise, without acknowledgment or compensation to you or
to anyone else.
If you post or publish your User Content to this Website, you authorize LB to use the
intellectual property and other proprietary rights in and to your User Content to enable
inclusion and use of the User Content in the manner contemplated by this Website and
this Agreement. Accordingly, you hereby grant LB a worldwide, non-exclusive, royaltyfree,
sub-licensable (through multiple tiers), and transferable license to use, reproduce,
distribute, prepare derivative works of, combine with other works, display, and perform
your User Content in connection with this Website and LB's (and LB's affiliates')
business(es), including without limitation for promoting and redistributing all or part of
this Website in any media formats and through any media channels without restrictions of
any kind and without payment or other consideration of any kind, or permission or
notification, to you or any third party. Notwithstanding anything to the contrary contained
herein, LB shall not use any User Content such as account information that has been
designated “private” or “password protected” by you for the purpose of promoting this
Website or LB's (or LB's affiliates') business(es).
7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
LB generally does not pre-screen User Content posted to this Website. However, LB
reserves the right (but undertakes no duty) to do so and decide whether any item of User
Content is appropriate and/or complies with this Agreement. LB may remove any item of
User Content posted to this Website and/or terminate a User's access to this Website or
the Services found on this Website for posting or publishing any material in violation of
this Agreement, or for otherwise violating this Agreement (as determined by LB in its
sole and absolute discretion), at any time and without prior notice. LB may also terminate
a User's access to this Website or the Services found on this Website if LB has reason to
believe the User is a repeat offender. If LB terminates your access to this Website or the
Services found on this Website, LB may, in its sole and absolute discretion, remove and
destroy any data and files stored by you on its servers.
8. ADDITIONAL RESERVATION OF RIGHTS
LB expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify
access to (or control of) any Account or Services for any reason (as determined by LB in
its sole and absolute discretion), including but not limited to the following: (i) to correct
mistakes made by LB in offering or delivering any Services, (ii) to protect the integrity
and stability of, and correct mistakes made, (iii) to assist with our fraud and abuse
detection and prevention efforts, (iv) to comply with applicable local, state, national and
international laws, rules and regulations, (v) to comply with requests of law enforcement,
including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to
defend any legal action or threatened legal action without consideration for whether such
legal action or threatened legal action is eventually determined to be with or without
merit, or (viii) to avoid any civil or criminal liability on the part of LB, its officers,
directors, employees and agents, as well as LB's affiliates.
9. LINKS TO THIRD-PARTY WEBSITES
This Website and the Services found on this Website may contain links to third-party
websites that are not owned or controlled by LB. LB assumes no responsibility for the
content, terms and conditions, privacy policies, or practices of any third-party websites.
In addition, LB does not censor or edit the content of any third-party websites. By using
this Website or the Services found at this Website, you expressly release LB from any
and all liability arising from your use of any third-party website. Accordingly, LB
encourages you to be aware when you leave this Website or the Services found on this
Website and to review the terms and conditions, privacy policies, and other governing
documents of each other website that you may visit.
10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS
WEBSITE AND THE SERVICES FOUND ON THIS WEBSITE SHALL BE AT
YOUR OWN RISK AND THAT THIS WEBSITE AND THE SERVICES FOUND ON
THIS WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL
FAULTS”. LB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE,
AND NON-INFRINGEMENT. LB, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I)
THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
WEBSITE, AND/OR (III) THE SERVICES FOUND ON THIS WEBSITE OR ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS WEBSITE, AND LB ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO
ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY LB, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT
LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE
REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE
OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS
WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, AND USERS SHOULD
NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL
SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR
YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND ON THIS WEBSITE.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL LB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I)
THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
WEBSITE, (III) THE SERVICES FOUND ON THIS WEBSITE OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY
NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE
WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION,
FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED
THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR
FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VIII) ANY
VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR FROM THIS WEBSITE OR ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
WEBSITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS,
PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE,
AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT LB IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE
SERVICES FOUND ON THIS WEBSITE MUST BE COMMENCED WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH
CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO
EVENT SHALL LB'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE
SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF
THIS WEBSITE OR THE SERVICES FOUND ON THIS WEBSITE.
12. INDEMNITY
You agree to protect, defend, indemnify and hold harmless LB and its officers, directors,
employees, and agents, from and against any and all claims, demands, costs, expenses,
losses, liabilities and damages of every kind and nature (including, without limitation,
reasonable attorneys' fees) imposed upon or incurred by LB directly or indirectly arising
from (i) your use of and access to this Website or the Services found at this Site; (ii) your
violation of any provision of this Agreement or the policies or agreements which are
incorporated herein; and/or (iii) your violation of any third-party right, including without
limitation any intellectual property or other proprietary right. The indemnification
obligations under this section shall survive any termination or expiration of this
Agreement or your use of this Website or the Services found on this Website.
13. FEES AND PAYMENTS
All fees due for Services used on this Website are the responsibility of the Agent with
payments being made at the time of Close of Escrow. LB expressly reserves the right to
change or modify its prices and fees at any time, and such changes or modifications shall
be posted online on this Website and effective immediately without need for further
notice to you.
14. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, successors and assigns.
15. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
16. U.S. LAWS
The Services found on this Website are subject to the laws, restrictions, regulations and
administrative acts of the United States. If you access this Website or the Services found
on this Website from other countries or jurisdictions, you do so on your own initiative
and you are responsible for compliance with the local laws of that jurisdiction, if and to
the extent those local laws are applicable. If such laws conflict, you shall not access this
Website or the Services found on this Website. The obligations under this section shall
survive any termination or expiration of this Agreement or your use of this Website or the
Services found on this Website.
17. COMPLIANCE WITH LOCAL LAWS
Users who choose to access this Website or the Services found on this Website are
responsible for compliance with all local laws, rules and regulations.
18. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY
JURY

This Agreement shall be governed by and construed in accordance with the federal law of
the United States and the state law of California, whichever is applicable, without regard
to conflict of laws principles. You agree that any action relating to or arising out of this
Agreement shall be brought in the state or federal courts of Monterey County, California,
and you hereby consent to (and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to) jurisdiction and venue in the state and federal
courts of Monterey County, California. You agree to waive the right to trial by jury in
any action or proceeding that takes place relating to or arising out of this Agreement.
19. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only
and shall not be utilized in any way to construe or interpret the agreement of the parties
as otherwise set forth herein. Each covenant and agreement in this Agreement shall be
construed for all purposes to be a separate and independent covenant or agreement. If a
court of competent jurisdiction holds any provision (or portion of a provision) of this
Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or
portions of provisions) of this Agreement shall not be affected thereby and shall be found
to be valid and enforceable to the fullest extent permitted by law.
20. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by mail at the
following address:
ListingBidder, Inc.
4047 Costado Road
Pebble Beach, CA 93953 USA
Revised: 9/7/2015
Copyright © 2015 ListingBidder, Inc. All Rights Reserved.