
H & F INTERNATIONAL AUCTIONS COMPANY
WEBSITE TERMS & CONDITIONS
Introduction: Please, read this Web page carefully. It contains the Terms of Use governing your access to and use of www. .com (hereinafter the “Website” or “Site”) and to any associated websites owned or operated by H & F INTERNATIONAL AUCTIONS COMPANY, a New Jersey Corporation; and to any correspondence by e-mail between H & F INTERNATIONAL AUCTIONS COMPANY and You. Please, read these terms carefully before using this Website. Using this Website indicates that You accept these terms. If You do not accept these terms, do not use this Website. These Terms of Use are legally enforceable and binding agreement between You and H & F INTERNATIONAL AUCTIONS COMPANY and shall be referred to as “Agreement”, “Terms of Use” or “Terms of Use.”
1. Parties To This Agreement And Consideration.
The parties to this Agreement (the "Agreement") are You (hereinafter “You” “Your” or the "User"), and H & F INTERNATIONAL AUCTIONS COMPANY (hereinafter the "Company," “We,” “Our,” or “Us”).
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1.1. By accessing the Materials at Website and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
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1.2. Subject to Your acceptance of the terms and conditions set forth in this Agreement, the Company agrees to grant You a limited personal non-transferable right to access the contents of Website and affiliated sites operated by the Company.
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1.3. This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to USERS by posting at, or via hyperlink to the Website, or by sending an email from Us to the email address associated with the Your User account.
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1.4. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
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1.5. Any action on Your part to Bookmark to a page on this Website whereby the Terms of Use Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country.
2. Use of Website: You agree to not do any of the following:
 violate any laws or Company policies;
 be false or misleading;
 infringe any third-party right;
 distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Company or the
interests or property of the Company’s users;
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 copy, modify, or distribute any of the Company’s content on this Site or any other person's
content posted on the Site, unless expressly authorized to do so;
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 use any robot, spider, scraper or other automated means to access the Website and collect content
for any purpose without our express written permission;
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 harvest or otherwise collect information about others, including email addresses, without their
instruction;
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 bypass measures used to prevent or restrict access to the Website.
3. User's Code of Conduct: You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion We may, but are under no obligation to reject or delete any transaction posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Website for violating these provisions:
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 that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
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 that is pornographic or depicts a human being engaged in actual sexual conduct in any way;
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 that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on
the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
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 that impersonates any person or entity, including, but not limited to, a Company’s employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision
does not apply to content that constitutes lawful non-deceptive parody of public figures.);
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 that includes personal or identifying information about another person without that person's
explicit instruction;
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 that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
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 that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any
party, or Content that You do not have a right to make available under any law or under
contractual or fiduciary relationships;
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 that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial advertisement;
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 that constitutes or contains any form of advertising or solicitation if: posted in areas of the
Website which are not designated for such purposes; or emailed to the Website users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests;
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 that includes links to commercial services or web sites, except as allowed in "services";
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 that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited
or regulated by federal, state and local law;
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 that contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
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 that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to
the Website, or that otherwise negatively affects other users' ability to use the Website; or
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 that employs misleading email addresses, or forged headers or otherwise manipulated identifiers
in order to disguise the origin of content transmitted through the Website;
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 contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for
any commercial purpose;
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 "stalk" or otherwise harass anyone;
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 collect personal data about other users for commercial or unlawful purposes;
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 use automated means, including spiders, robots, crawlers, data mining tools, or the like to
download data from the Website - unless expressly permitted by Us;
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 post non-local unless permitted or otherwise irrelevant content, repeatedly post the same or
similar content or otherwise impose an unreasonable or disproportionately large load on our
infrastructure;
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 post the same item or service in more than one classified category or forum;
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 attempt to gain unauthorized access to the Company’s computer systems or engage in any activity
that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website;
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 use any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;
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 directly or indirectly or through the use of any device or other means, copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, sell, transmit, or retransmit the online services or content that belongs to or is posted this Us unless expressly permitted by Us in writing.
4. Information Collected. The information which We collect through the Website may include Personal Information (hereinafter the "Personal Information") which refers to information that helps it identify users or viewers of the Website (collectively, "Users" and each a "User" or “you”). The Personal Information may include data such as a User’s name, street address, phone number, facsimile number, email address, username and password, and credit card numbers and information. We may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Registered User (as defined below) accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Website; (iv) providing User support in connection with User-use of the Website; (v) providing service updates for the Website; (vi) providing promotional notices and offers and other information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Website and Company-systems; and (ix) evaluating Use of the Website for potential improvements and otherwise. The Website may also collect data that cannot be traced back to a specific individual (hereinafter the "Anonymous Information"). For example, We may be able to keep count of how many Users have viewed the Website and specific content therein, or key words utilized to find the Website, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers, or email addresses. Users who view the Website but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by Us from anonymous Users. The Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow Us to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. Furthermore, We may, either directly or through a third party, track Users’ conduct on the Website, including, without limitation, areas of the Website visited, topic(s) viewed, most popular pages of the Website, Users’ Internet connection type and browser use. Also, We may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and services.
5. Website Use of Information: Notwithstanding anything herein to the contrary, by submitting Personal Information, You grant Us, Our officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, and employees the right store any information you enter on the website or give us in any other way that personally identifies you to improve Your experience at the website, to get a better general understanding of the type of individuals visiting the website and to enable us to contact you when needed. Please, note that user information may be cached in search engine indexes even after removal and that this Website nor Us have any control over such caching.
6. Accounts, Passwords and Registration to the Website. You agree that We are not responsible or liable for the personal protection and security of any password or username that you may use to access this Website. You are responsible for maintaining the confidentiality of the password and account, and can help keep Your account secure by using a strong password. You are solely
responsible for any and all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to Your username or password. If You lose a password to Your account or are subject to a stolen password, You must immediately notify Us.
7. Content from the Website. As between You and Us, You own any and all content that You submit to the Website. You grant Us and Our affiliates a right to distribute and send your content to third- parties to perform the transaction(s) being requested.
8. Abusing the Website. Please send Us an email at .com to tell Us about any problems or offensive content so that together We can keep the Website working properly. We may limit or terminate our service, remove hosted content and/or take technical and legal steps to keep Users off the Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Website or not, We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by Users.
9. Limitations on Website Services. You acknowledge that the Company may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which You may access the Website. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You acknowledge that the Company reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
10. Posting Agents. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content on the Website on behalf of others. To moderate demands on the Website's resources, You may not use a Posting Agent to post any content on the Website without express permission or license from Us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website to facilitate posting content on behalf of others, except with express permission or license from the Company.
11. No Spam Policy. You understand and agree that sending unsolicited email advertisements to Our email addresses or through Our computer systems or Our Site, is expressly prohibited by this Agreement. Any unauthorized use of Our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.
12. Intellectual Property Rights & Website Content. We, reserve all of Our intellectual property rights. This Agreement does not grant you any right or license with respect to any of our copyrights, trademarks, service marks, graphics and logos. The Website contains content from Us, You, and other users. You agree not to copy, modify, or distribute any content whatsoever from the Website, including all our copyrights or trademarks. When You give Us content, You are granting Us a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. By posting to the Site You are acknowledging that all content posted belongs to You or You have permission to post it and further You will not post anyone’s image or likeness without their express permission. If You believe that Your rights have been violated, please notify Us at .com and we will investigate the matter. We reserve the right to remove content where we have grounds for
suspecting the violation of these Terms of Use or of any party's rights. Any content posted by a user other than by Us shall not be deemed such and does not reflect the thoughts, comments, ideas, opinions, or otherwise of Us.
13. Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use, our policies or of any party's rights. If You have a good faith belief that a listing on the Website infringes Your copyright, trademark, or other intellectual property rights, then You must immediately contact Us in writing with all supporting documents and details regarding such infringement. No request or complaint regarding any infringement of intellectual property shall be considered unless proper documentation evidencing ownership of intellectual property are provided. You must a) clearly identify the material on the Website that You claim is infringing so that we may locate it on the Website; b) provide a statement by You that You have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; c) provide a statement declaring under penalty of perjury that (1) the above information in Your notice is accurate, and (2) that You are the owner of the intellectual property interest involved or that You are authorized to act on behalf of that owner; d) provide Your address, telephone number, and email address; and e) Your physical or electronic signature. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act. This section shall survive the termination of this Agreement.
14. Liability. You agree not to hold Us or our Affiliates responsible for things other users post or do. We do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted We expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of Your use of the Website, even if You advise Us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. This section shall survive the termination of this Agreement.
15. Disclaimer of Warranties. YOU AGREE THAT USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.
 Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties. This section shall survive the termination of this Agreement.
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Indemnity. You agree to indemnify and hold the Company, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content You submit, post or make available through the Website, Your use of the Website, Your violation of this Agreement, Your breach of any of the representations and warranties herein, or Your violation of any rights of another. This section shall survive the termination of this Agreement.
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Terminating our Services. You may terminate or stop using our services at any time. We may also stop providing services to You, add or remove functionalities or features or stop a service completely. You agree that We, at our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any content within the Website, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of this Agreement. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Website. Further, You agree not to attempt to use the Website after said termination.
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Dispute Resolution. This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement is governed by the laws of the State of New Jersey. Any disputes relating in any way to Your use of the Our Site shall be submitted to confidential & binding arbitration in, except to the extent that you have in any manner violated or threatened to violate Our intellectual property rights. We may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding & may be entered as a judgment in any court of competent jurisdiction. If we don't enforce any particular provision, we are not waiving our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to You through the email address You provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when You next use the Website or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at Our Website. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
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Force Majeure. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part its obligations as set forth in this Agreement, then the Company and the Site shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make the Company or the Site liable to You.
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Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
21. Security Procedures. We undertake reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. We undertake reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although We are ever diligent in Our security pursuits, We cannot guarantee the success of Our efforts.
22. Privacy Policy: SEE ADDITIONAL PRIVACY POLICY TERMS ATTACHED HERETO:
We are committed to making Your experience satisfying and safe. Protecting the privacy of our users is a primary concern for Us. When you request Our online services, the information you provide to us is used only to provide our creative entertainment services to deliver email notification to you (or to people you designate as Your recipients) and from time to time, to validate Your identity. Although a certain limited amount of information is required for us to be able to serve you our data collection policies otherwise allow you to choose how much information you provide to us. The information you provide will be shared only with our professional consultants. IF USER DOES NOT ACCEPT THIS PRIVACY POLICY (INCLUDING ANY UPDATED TERMS HERETO) OR DOES NOT MEET OR COMPLY WITH THESE PROVISIONS, THEN USER MAY NOT USE THIS WEBSITE. WEBSITE TERMS AND CONDITIONS ARE INCORPORATED HEREIN BY REFERENCE AND USER BY USING THE WEBSITE HEREBY AGREES THAT USER SHALL COMPLY WITH WEBSITE TERMS AND CONDITIONS AND PRIVACY POLICY. PLEASE BE ADVISED THAT WEBSITE RESERVES THE RIGHT TO RELEASE SUCH INFORMATION TO LAW ENFORCEMENT OR OTHER GOVERNMENTAL OFFICIALS AS, IN WEBSITES’S SOLE AND ABSOLUTE DISCRETION, IT IS DEEMED NECESSARY TO COMPLY WITH THE LAW.
23. Website Terms and Conditions. The Terms and Conditions set forth on the Website shall govern any claim relating to the site’s Privacy Policy and will otherwise be deemed applicable to it.
24. Corporate Transfers of Information. Information about the Users of the Website, which include the User’s Personal Information, may be disclosed in association with certain business dealings such as any debt financing, acquisition or merger, sale of assets and in the event of a bankruptcy, assignment for benefit of creditors or receivership in which particular information could be sold or transferred to other parties as an asset. By using the Website and/or entering his Personal Information, each User consents to the Website’s use of their information as outlined in this Privacy Policy.
25. Contributions. Please send questions, comments or complaints (“Contributions”) to _______________________.com. By submitting ideas, suggestions, documents or proposals to Us, you acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) We may have something similar to the Contributions already under consideration or in development; (v) you irrevocably non-exclusively license to Us rights to exploit Your Contributions; and (vi) you are not entitled to any compensation or reimbursement of any kind from Us under any circumstances.
26. Entire Agreement. You agree that These Terms of Use and the other policies posted on the Website constitute the entire, complete and exclusive agreement between The Company, the Site and You, superseding any prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent with respect to the subject matter of this Agreement.
H & F INTERNATIONAL AUCTIONS COMPANY WEBSITE PRIVACY POLICY
1. Introduction. H & F INTERNATIONAL AUCTIONS COMPANY, a New Jersey Corporation (hereinafter, “We,” “Our,” or “Us”), is committed to protecting the privacy of its Users (as defined hereinbelow). This Website Privacy Policy (hereinafter, "Privacy Policy") outlines what information We collect from Our Users through www. .com (the "Website" or “Site”)
and how that information is used. We will only keep Users’ information, which they submit through the Website for internal use. If any provision of this Privacy Policy conflicts with one or more provisions of Website Terms and Conditions, the provisions of Website Terms and Conditions shall control. IF USER DOES NOT ACCEPT THIS PRIVACY POLICY (INCLUDING ANY UPDATED TERMS HERETO) OR DOES NOT MEET OR COMPLY WITH THESE PROVISIONS, THEN USER MAY NOT USE THIS WEBSITE. WEBSITE TERMS AND CONDITIONS IS INCORPORATED HEREIN BY REFERENCE AND USER BY USING THE WEBSITE HEREBY AGREES THAT USER SHALL COMPLY WITH WEBSITE TERMS AND CONDITIONS AND PRIVACY POLICY. PLEASE BE ADVISED THAT WEBSITE RESERVES THE RIGHT TO RELEASE SUCH INFORMATION TO LAW ENFORCEMENT OR OTHER GOVERNMENTAL OFFICIALS AS, IN WEBSITES’S SOLE AND ABSOLUTE DISCRETION, IT IS DEEMED NECESSARY TO COMPLY WITH THE LAW.
2. Revisions to Privacy Policy. We reserve the right to revise, change, amend, alter or modify (hereinafter, "Update") this Privacy Policy and its other policies and agreements at any time and in any manner. The User, as defined below, is responsible for periodically checking for any Updates of this Privacy Policy by re-visiting the Website and using the "refresh" button on the User’s browser. Any Updates supersede any prior versions immediately upon posting on the Website. Using the Website after any such Update or changes to the Privacy Policy shall constitute consent to changed terms or practices.
3. Information Collected. The information which We collect through the Website may include Personal Information (hereinafter the "Personal Information") which refers to information that helps it identify users or viewers of the Website (collectively, "Users" and each a "User" or “you” and shall refer to Subscriber or Registered User as defined in Website Terms and Conditions). The Personal Information may include data such as a User’s name, street address, phone number, facsimile number, email address, username and password. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Website in the manner set forth below. We may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Registered User (as defined below) accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Website; (iv) providing User support in connection with User-use of the Website; (v) providing service updates for the Website; (vi) providing promotional notices and offers and other information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Website and Company-systems; and (ix) evaluating Use of the Website for potential improvements and otherwise. The Website may also collect data that cannot be traced back to a specific individual (hereinafter the "Anonymous Information"). For example, We may be able to keep count of how many Users have viewed the Website and specific content therein, or key words utilized to find the Website, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers or email addresses. Users who view the Website but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by Us from anonymous Users. The Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow Us to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. Furthermore, We may, either directly or through a third party, track Users’ conduct on the Website, including, without limitation, areas of the Website visited, topic(s) viewed, most popular pages of the Website, Users’ Internet connection type and browser use We may combine a User’s
Anonymous Information with similar information collected from other Users to help improve the Website and services.
3.1. We disclaim any liability for disclosure of any Personal Information or non-Personal Information arising out of any of the following circumstances:
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Disclosure to government (local, state, national, or international) agencies in response to legal processes, such as subpoenas or court order; or
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Any unlawful or unauthorized access to and transmissions of Personal Information from this website; or
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Disclosure of any information by the User themselves on message boards, public forums, blogs, social networking websites, or any other online or offline media.
3.2. Besides the above-mentioned Personal Information, some non-Personal Information may be collected when the User visits different pages of this Site. Such non-Personal Information may include the type of browser the User used to access this website, the operating system(s) installed on the User’s computer, internet protocol (ip) address of the User’s computer, ip address of the User’s internet service provider (isp), etc. This information is generally used to improve the layout and content of our website, provide the User with customized advertisements, analyze the site-usage, dispense with the need to re-login every time the User visits the webpages of the Site after logging in, and enhance the overall experience of using this website. All such non-Personal Information is kept confidential and never shared with, or sold to, any third party.
3.3. Cookies are small text files that are placed on the Users hard disk by our secured servers. These cookies are used to collect non-Personal Information. Cookies help us in gathering information, like how the User uses our site, how the User uses our services, types of data accessed, times and volume of use, duration of sessions and other similar usage. Our cookies are 100% safe, and do not, in any way, compromise the User’s privacy while the User is using our website. A User can also disable the cookies by adjusting the internet browser preferences. However, we advise you to receive cookies sent by our website. By visiting or using our Website you consent to the placement of cookies in your browser in accordance with this Privacy Policy.
3.4. We accord maximum priority to the security of all the data we collect from the Users and/or Registered Users of this Site. Therefore, we use the latest and most secure technologies prevalent in the industry and available in the market to protect the integrity of all the Personal Information or non-Personal Information collected during the course of your interaction with the Site. Apart from several electronic and technical safeguards, we also employ certain physical and procedural safeguards in order to make the access to this sensitive data exclusive to the authorized personnel have access to this data. Notwithstanding any amount of steps and assurances we give, due to peculiar nature of the Web, no foolproof security from unauthorized access by hackers, crackers, or similar illegal means and personnel, can be guaranteed. Additionally, while processing online payments, we do not retain or intercept any credit card data which you submit through our secure servers. All such data is directly sent to the secured servers of the credit card companies through latest SSL encryption method for further processing.
4. User Posted Content. Users may post content, including, without limitation, on the Website that may be made publicly available to other users and to the general public via the Website. Users acknowledge and agree that any posted comments posted by User do not reflect the Website or Our Users acknowledge and agree that by posting or otherwise submitting such content on or to the Website, User’s Personal Information, including his email address and any other information the User supplies may be visible to the third parties. User shall not share any information in his inquiry that he is not prepared to be public or to otherwise share with such other third parties. Further, Users may
submit inquiries, comments or other content (collectively, an "Inquiry") to Us through the Website. Users acknowledge and agree that by sending an Inquiry or otherwise posting communications to the Website, a User’s Personal Information, including his email address and any other information the User supplies, may be visible to third parties. User shall not share any information in his Inquiry that he is not prepared to be public or to otherwise share with such other third parties. Moreover, User’s Inquiry may be available for review by Us and/or other Users’ contractors and employees. Moreover, We may from time to time, use third party email servers to send and track receipt of the Inquiries, and analyze the pattern of inquiry usage via these third party tracking systems. If a User is making an Inquiry or posting content for someone other than himself, in which another person’s Personal Information will be accessible or otherwise made available, User hereby makes the material representation and warranty upon which the User wishes Us to reasonably rely, that he has obtained each of those other individuals’ consent to disclose their personal information to Us and other Users. All submissions of content, including without limitation, the posting of content to the Website or the submission of an Inquiry, sent to Us are accepted in accordance with, and governed by, the Website Terms and Conditions. Moreover, User acknowledges and agrees that this Privacy Policy does not apply to content, business information, pictures, ideas, concepts or inventions that User sends to Us (collectively, "Submitted Property"). User acknowledges and agrees that all Submitted Property becomes Our property immediately upon its receipt of the same, unless We elect not to take ownership of said property. We may then utilize, distribute or otherwise disseminate the Submitted Property as it wishes in its sole discretion. As it relates to intellectual property rights relating to the same, User hereby assigns and conveys all rights he may have to such submitted property and ideas. If User seeks to keep such information or property private or proprietary, User should not send such information to Us.
5. Third Party Advertisers and Links to Third Party Websites. The Website may include advertisements from third-party companies which may include links to third-party websites. The advertisements placed by these companies, or other listings of other Users are not affiliated, owned, maintained or updated by Us. If User visits the website of these third-party advertisers, or otherwise submits information to any other User, they may use cookies and/or request and collect User’s Personal Information. We do not know of the policies of these independent third-party advertisers, including without limitation, other Users, and is not responsible for the information collected or how the information is used by any third-party advertisers, including without limitation, other Users. We also cannot confirm or in any way guarantee the accuracy of the information provided by those third- party advertisers on their websites. We strongly recommend that User reads and reviews the privacy policies of any other third-party websites that it may view. This Website may contain links to third party websites of promoters, advertisers, affiliates, partners, agents, etc. However, We do not draft, review, control or monitor the privacy practices of such third party websites. Should the User choose to visit these linked websites, the User’s visit and/or use of such linked websites shall be subject to the privacy policies of such third party websites. We strongly advise you to review the legal documents of such linked websites before entering into any transaction.
6. Information Sharing. Except as otherwise provided in this Privacy Policy, We will not intentionally distribute, rent or sell a User’s Personal Information to third parties without the User’s permission. Notwithstanding the foregoing, We may be required by law enforcement or judicial authorities to provide Users’ Personal Information to the appropriate governmental authorities. If We receive a request from law enforcement or judicial authorities, then We reserve the right to provide the requested information. In addition, We reserve the right to release such information to law enforcement or other governmental officials in Our sole and absolute discretion, as We deem necessary to comply with the law.
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Security Procedures. We undertake reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. We undertake reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although We are ever diligent in Our security pursuits, We cannot guarantee the success of Our efforts.
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Special Cases. It is Our policy to not use or share the Personal Information about the Users of the Website in ways which have not been outlined or described herein without first allowing Users a chance to opt out or otherwise disallow such unrelated uses. However, We may disclose Personal Information about Users or information relating to their Use of the Website for any reason if, in Our sole discretion, We determine that it is reasonable to do so, including:
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8.1. To comply with laws, such as the Electronic Communications Privacy Act, regulations or governmental or legal requests for such information;
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8.2. To reveal information that is needed to identify, contact or bring legal action against any User who may be violating the Website Terms and Conditions;
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8.3. To operate the Website properly;
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8.4. To protect the Website and its Users; and/or
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8.5. To fully cooperate with law enforcement authorities, private-party litigants and others seeking
information about its Users to the extent required by applicable law.
9. Protection of Children. Our Site is intended for an adult audience only, and children under the age of eighteen (18) are not eligible to use this Website. Entry into this Site requires age verification. We require all Users to be at least eighteen (18) years old to use any area of the Site and require all Users to agree to the terms of the Age Verification Agreement. We ask that minors (under the age of eighteen 18) do no submit any personal information to us.
10. Website Terms and Conditions. The Terms and Conditions attached hereto and set forth on the Website shall govern any claim relating to this Privacy Policy and will otherwise be deemed applicable to it.
11. Corporate Transfers of Information. Information about the Users of the Website, which include the Users’ Personal Information, may be disclosed in association with certain business dealings such as any debt financing, acquisition or merger, sale of assets and in the event of a bankruptcy, assignment for benefit of creditors or receivership in which particular information could be sold or transferred to other parties as an asset. By using the Website and/or entering his Personal Information, each User consent to the Website’s use of his information as outlined in this Privacy Policy.
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TERMS & CONDITIONS
OF
H & F INTERNATIONAL AUCTIONS COMPANY
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SCOPE OF WORK. These Terms & Conditions apply to all Goods and Services contracts of H & F INTERNATIONAL AUCTIONS COMPANY (hereinafter “COMPANY”) with the Customer (hereinafter “Customer”). COMPANY shall not accept any terms and conditions of the Customer that are inconsistent or deviate from these Terms & Conditions unless COMPANY expressly agrees in writing to be bound by inconsistent or different terms.
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REQUESTED GOODS. A contract shall materialize only once confirmed in writing by COMPANY. COMPANY’s acceptance of a Purchase Order is authoritative for the nature and scope of the Goods & Services to be provided by COMPANY. Agreements requesting additional Goods to be added to standard Goods must be in writing. COMPANY may require additional remuneration for these additional features. The scope of any and all Goods will be defined in writing from COMPANY together with acceptance of a CUSTOMER Purchase Order.
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PRICE, DELIVERY AND PAYMENT. COMPANY will not distribute Goods without a prior written confirmation of a Purchase Order by the Customer. COMPANY shall convey to the Customer an Purchase Order confirmation including a description of the Goods/Services to be provided, pricing confirmation, an estimated delivery date and payment details for the order. Delivery is not of the essence and any delivery dates provided are estimates only. Title in the goods remains with COMPANY until receipt of full payment from the Customer. All invoicing by COMPANY shall be in United States Dollars, independent of the country of origin of the Customer. All invoices by COMPANY to the Customer are due to be paid within 30 days from the date of the invoice if not otherwise agreed and confirmed in the Purchase Order confirmation of COMPANY. The Customer shall bear all costs for international bank wires made to COMPANY and any costs arising from wire transfers shall not be deducted from the payment amounts due to COMPANY.
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3.1 COMPANY’s prices do not include taxes (or VAT), which will be shown separately in the invoice at the prescribed rate on the billing date.
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3.2 COMPANY’s prices do not include shipping costs and/or charges.
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3.3 Except in the case of prepayment, COMPANY’s invoice shall be payable immediately.
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3.4 Bills of exchange and checks shall only be accepted by agreement and for the purpose of
fulfilment. They may only be accepted as payment once they have been cashed without further reservation.
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SHIPMENT. Unless otherwise specified herein, all shipments are F.O.B. to
for customers in the United States. For customers outside the United States,shipments shall comply with the International Commercial Terms (INCOTERMS 2010) and be CIF to the nearest international airport to the Customer. COMPANY’s responsibility terminates when Goods are made available for delivery to a common carrier at COMPANY’s facility. The Goods and any risk of loss shall be considered transferred to the Customer upon availability for delivery to a common carrier. No claims for shortages, damages or failure in delivery, whether by common carrier, parcel post or otherwise, may be made by the Customer against COMPANY. In the absence of written shipping instructions from the Customer, COMPANY may ship Goods to the Customer by any common carrier which it considers satisfactory or, if appropriate, in the opinion of COMPANY, by parcel post.
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INSPECTION. Unless agreed otherwise in the Purchase Order, the Customer shall inspect the Goods within five (5) days of being delivered. If that inspection indicates that the Goods are inconsistent with the invoice, the Customer shall return the Goods and COMPANY shall have the opportunity to correct the defects within a reasonable time frame. After COMPANY has had the necessary opportunities to correct the defects, if the Customer is unsatisfied the Customer shall immediately return the Goods or the Goods shall be considered formally accepted by the Customer.
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WARRANTY. Complaints about obvious defects must reach COMPANY within eight days; otherwise, the delivery shall be considered to have been formally accepted by the Customer. In the event of a defect, COMPANY shall be entitled to choose between subsequent performance in the form of recitation of the defect or the provision of conforming Goods.
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6.1 Where the attempt at subsequent performance is unsuccessful, the Customer may choose either to cancel the contract or accept a reduction in price. In the case of negligible defects the customer shall not be entitled to cancel the contract.
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6.2 Where the customer opted to withdraw from the contract after an unsuccessful attempt at subsequent performance the Customer shall not be entitled to compensation.
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6.3 The only agreed properties of the Goods shall be those listed in COMPANY’s product description. Public statements, promotional recommendations or advertising shall not represent contractually agreed properties of the goods. The normal level of breakage and impact damage expected within the trade shall not be accepted as grounds for a complaint.
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6.4 COMPANY offers no warranty in the strict legal sense.
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6.5 Generally, Goods may not be returned. In exceptional cases, which require a special
written agreement, COMPANY shall charge a warehouse return fee of at least 20% of the value of the goods.
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LIMITATION OF LIABILITY. COMPANY’s liability under its warranty is expressly limited. The repair, replacement or refund of the Goods shall be at COMPANY’s sole discretion. COMPANY shall not be liable for incidental or consequential damages of any kind, including consequential damages for injury to any person. In no event Shall COMPANY be liable for incidental or consequential damages arising out of or in connection with the Agreement, including without limitation, breach of any obligation or warranty. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury to any person, or loss of or sustained as the result of work stoppages. All limitations and exclusions of liability shall also apply to the personal liability for compensation of COMPANY’s salaried employees, workers, colleagues, representatives and vicarious agents. In any case, controversy or damages arising out of this agreement Customer agrees and acknowledges COMPANY’s liability shall never exceed the amount of the Customer’s purchase order.
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CANCELLATION AND RETURN OF GOODS. No Purchase Order with respect to which COMPANY has issued a Purchase Order confirmation may be cancelled nor the manufacture of the Goods thereunder suspended after the date of the Purchase Order confirmation without the sole and express written consent of COMPANY. Upon cancellation or suspension at the request of the Customer, and acceptance by COMPANY, the Customer shall reimburse COMPANY promptly for all expenditures incurred by COMPANY, including, but not limited to, product cost, labor and engineering services, a proportionate share of direct manufacturing, engineering, selling, general and administrative expenses, and profits which would have been earned under the
invoice. In addition, the Customer shall also reimburse COMPANY for any extraordinary costs and other expenses attributable to such suspension or cancellation.
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MODIFICATIONS OF GOODS. The Customer acknowledges that Goods sold under this Agreement may be changed by COMPANY at any time for various reasons, such as to improve quality, comply with applicable law, to adopt changes in materials, sourcing or in accordance with COMPANY’s policy of continuous improvement. While COMPANY shall provide reasonable notice of such changes whenever possible, the Customer agrees that any changes are outside of COMPANY’s control and do not constitute a breach of this Agreement.
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INTELLECTUAL PROPERTY RIGHTS. All Intellectual Property Rights, including, without limitation, all designs, rights in know-how, patents, any and all inventions, whether registered or unregistered, any and all other intellectual or industrial property rights in any jurisdiction, regarding COMPANY Goods and Services belong to COMPANY or its licensed source. All rights of COMPANY Goods and Services in such Intellectual Property Rights are hereby reserved.
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CONFIDENTIALITY. The Customer shall maintain secrecy with no limitation, therefore the Customer shall not, disclose to any individual or entity, any confidential information relating to the business of COMPANY. The Customer shall not, without prior written consent of COMPANY, disclose confidential information to any person, firm or independent contractor, and the Customer shall, use its best efforts to prevent the publication or disclosure of any information concerning the business, business practices, method of sales, drawings or any of the secrets, dealings, transactions or affairs of COMPANY, including, but not limited to, trade secrets, costs, or pricing practices. The Customer shall use their best efforts to cause its representatives, attorneys, accountants and advisers to whom information is disclosed to comply with the provisions of this Section.
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FORCE MAJEURE. "Force Majeure" means any event or condition which wholly or partially delays or prevents COMPANY from performing any of its obligations hereunder and is beyond the reasonable control of, and occurs without the fault or negligence of, COMPANY affected thereby including, without limitation, acts of God, acts of the public enemy, insurrections, riots, labor disputes, labor or material shortages, fires, explosions, floods, breakdowns of or damages to plants, equipment or facilities, interruptions to transportation, embargoes, or orders or acts of any court or government authority having jurisdiction or any military authority. If, as a result of Force Majeure, it becomes impossible or impractical for COMPANY to carry out its obligations hereunder in whole or in part, then such obligations shall be suspended to the extent necessary by such Force Majeure during its continuance. Notwithstanding the foregoing this provision shall not affect the Customer’s obligation to pay money when due in accordance with the terms of this agreement.
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INDEMNIFICATION. Customer shall indemnify and hold harmless COMPANY against all claims, obligations or liabilities including court costs and attorneys' fees, arising out of Customer’s tortious or unauthorized acts, misrepresentations, omissions, failure to perform its obligations hereunder, or any acts not expressly authorized in writing, related to or beyond the scope of these Terms & Conditions.
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TERMINATION. The agreement may be terminated by COMPANY and COMPANY may, at its option, declare any unpaid balance and other sums payable by Customer hereunder immediately due and payable for any one or more of the following reasons: (a) if Customer fails to make payment when due; or (b) the Customer substantially breaches any other obligation of this Agreement.
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MEDIATION AND ARBITRATION. Any disputes between the parties hereto, whether arising under this agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be referred to a court certified mediator of the Court in the County of the principal office of COMPANY, and any mediation shall be held in the County of the principal office of COMPANY. The Customer shall bear the cost of said mediation. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in the State of New Jersey, USA. The arbitration shall be held in the State of New Jersey, USA and the Customer shall bear the cost of said arbitration. In the event that the parties are unable to agree upon an arbitrator within 15 days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.
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RELATIONSHIP. Nothing in this Agreement or any purchase order pursuant to this Agreement shall be construed as creating an employer-employee or joint venture relationship.
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MISCELLANEOUS. The submission of a quotation by COMPANY in response to Customer’s request does not constitute an expression of acceptance of any term or condition which may have been set forth in the Client’s request. The terms and conditions of sale set forth herein are the only terms and conditions applicable to the sale of the Goods described on the face hereof if not otherwise confirmed in the Order Confirmation.
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NOTICE. Any notice sent pursuant to this Agreement or a purchase order pursuant to this Agreement shall be sent by email, receipt requested, to the email addresses on the purchase order or to such email address as either party may in the future designate. A copy of any notice to the COMPANY shall be also sent, together with a copy of this Agreement, to: H & F INTERNATIONAL AUCTIONS COMPANY, 407 Main Street, Suite 211, Metuchen, NJ 08840. Notices shall be effective upon receipt.
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ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and supersedes all prior discussions, negotiations, agreements and understandings, whether oral or written, with respect to its subject matter.
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SEVERABILITY. If any provision of these Terms & Conditions is held invalid, unenforceable, or void by a court of competent jurisdiction, these Terms & Conditions shall be considered divisible as to such provision, and the remainder of the Terms & Conditions shall be valid and binding as though such provision were not included in these Terms & Conditions.
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VENUE AND JURISDICTION. If a lawsuit is necessary to enforce these Terms & Conditions the parties agree that jurisdiction and venue are waived. And suit shall be brought in the jurisdiction of the location of the principal place of business of COMPANY.
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NO-WAIVERS. The waiver by any party of any other party's breach of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach, and the waiver by any party to exercise any right or remedy shall not operate nor be construed as a waiver or bar to the exercise of such right or remedy upon the occurrence of any subsequent breach. No action on the part of either party to this Agreement shall be interpreted as waiver unless such action shall be in writing.
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COMPLIANCE WITH LAW. Each party shall comply with all state, federal and local laws and regulations applicable to its performance hereunder.
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GOVERNING LAW. This Agreement shall be governed by the laws of New Jersey (without regard to the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect and performance. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply, even where the customer’s registered office is located in another country.