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Subscription Agreement

AUCTIONZIP SUBSCRIPTION AGREEMENT

 

READ CAREFULLY. THIS SUBSCRIPTION AGREEMENT (THE "AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU ("YOU" AND "YOUR") AND AUCTIONZIP, LLC. ("AUCTIONZIP," "WE," "US," OR "OUR"). BY CLICKING THE "PROCESS TRANSACTION" BUTTON YOU ARE INDICATING THAT YOU HAVE READ THIS SUBSCRIPTION AGREEMENT (THE "SUBSCRIPTION AGREEMENT"), THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR SUBSCRIPTION TO THE AUCTIONZIP SUBSCRIPTION SERVICE(S) THAT YOU HAVE SELECTED (THE "SUBSCRIPTION SERVICE(S)"). IF YOU DO NOT AGREE TO THE TERMS OF THIS SUBSCRIPTION AGREEMENT, YOU SHOULD STOP THE SUBSCRIPTION REGISTRATION PROCESS.

 

This Agreement is in addition to, and not in lieu of, the AuctionZip Terms of Use Agreement to which you agree when you initially use the Site (as defined in the Terms of Use Agreement). By clicking the " Process Transaction " button, you not only agree to the terms set forth herein, but you reaffirm your consent to the Terms of Use Agreement. The Terms of Use Agreement is hereby incorporated by reference hereto and made a part of this Subscription Agreement. For purposes of this Agreement, "Activation Date" means, for each specific Subscription Service (as defined below) to which you have elected to subscribe, the date on which AuctionZip first activates such Subscription Service.

 

1. ENROLLMENT IN THE SUBSCRIPTION SERVICES

 

You may purchase a subscription to one or more of the following services (each, a "Subscription Service"):

 

"Premium Membership Subscriptions": a subscription-based online information service for a single user ("Auctionzip Subscriber"; and when used herein in combination with other Auctionzip Subscription Service subscribers, "Subscribers") that provides instant, unlimited access to a database of upcoming estate auction listings, and allows them to: 1) establish criteria that generate detailed auction alerts including item description, auctioneer, and auction date and location; 2) view and save auctions which are then organized and displayed on their auction calendar; and 3) contact estate auctioneers to request more information about upcoming auctions.

 

By subscribing to any Subscription Service, you hereby represent to us that you are authorized to use the credit card you submit for payment. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of such person, any charges associated with that person's use of any of the Subscription Services, and that person's compliance with this Agreement.

 

 

2. TERM, FEES AND PAYMENTS

 

(a) Initial Subscription Payment

By subscribing to one of the Subscription Services, you agree that you will pay the applicable fee for the Subscription Service to which you have elected to subscribe. Your subscription fee will automatically be charged to the credit card you designated as the credit card to be billed for your account.

 

(b) Automatic Subscription Renewal

Monthly and Six month recurring Premium Membership subscriptions will renew automatically unless you terminate your membership prior to your renewal date. Yearly Premium Membership subscription Services will expire unless you manually renew them from the User Home Page prior to your expiration date. If you sign up for an automatically renewing membership, your Subscription Service will continue with the same duration as the Subscription Service being renewed (e.g. one month, six months, etc...). At the time of renewal, your credit card will be charged our then-current fee for your renewed Subscription Service, provided that if the fee for your renewal Subscription Service increases, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew.

 

(c) Your Billing Date

Your credit card will be charged for the renewal of the Subscription Service to which you have elected to subscribe on your billing date ("Billing Date"). The Billing Date for your renewed Subscription Service shall be on the applicable anniversary of your Activation Date (e.g. six month anniversary, etc...) If, however, your Activation Date is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be.

 

(d) No Refunds

Except as otherwise expressly set forth above, all fees and charges, including charges for automatically renewed Subscription Services, are nonrefundable. However, you may terminate the Subscription Service to which you have elected to subscribe at any time by clicking on the User Home link on the primary navigation bar of the home page of AuctionZip.com and selecting the appropriate link under AuctionZip User Home.

 

(e) Methods of Payment and Credit Card Terms

All payments must be made by Paypal, VISA, or MasterCard. We do not accept cash, checks or any other payment form. Your card issuer agreement governs your use of your designated card in connection with the Subscription Service to which you have elected to subscribe, and you must refer to that agreement and not this Subscription Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT AUCTIONZIP, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with the Subscription Service to which you have elected to subscribe and its password (including any applicable taxes) at the rates in effect when the charges were incurred. If AuctionZip does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by AuctionZip.

 

(f) Unauthorized Charges

Unless you notify AuctionZip in writing of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release AuctionZip from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to AuctionZip in writing within sixty (60) days of its first appearance on an invoice or credit card statement.

 

(g) Late Payments

Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription to the applicable Subscription Service(s).

 

(h) Taxes

You are responsible for paying any governmental taxes imposed on your use of the Subscription Service(s), including, but not limited to, sales, use or value-added taxes. If however, you are a United Kingdom citizen using your subscription for non-commercial (personal) use, VAT will be charged and collected at a rate of 17.5% in addition to the Subscription fee.

 

(i) Modifications to Fees or Billing Terms

AUCTIONZIP RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY AUCTIONZIP, EFFECTIVE UPON FOURTEEN (14) DAYS NOTICE TO YOU AT YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate the Subscription Service to which you have elected to subscribe by clicking on the User Home link on the primary navigation bar of the home page of AuctionZip.com and selecting the appropriate link. YOUR CONTINUED USE OF THE SUBSCRIPTION SERVICE(S) FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES OR BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

 

3. TERMINATION

 

(a) Termination By You

You may terminate your subscription to any of the Subscription Service(s) to which you have subscribed at any time by clicking on the User Home link on AuctionZip.com and selecting the appropriate link. Once you have terminated the Subscription Service to which you have elected to subscribe, we will stop billing your credit card until and unless you re-subscribe to a Subscription Service. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate the Subscription Service to which you have subscribed. Termination of such Subscription Service shall not relieve you of any obligations to pay accrued charges.

 

(b) Termination By Us

You agree that AuctionZip, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password or use of any Subscription Service(s) (or any part thereof) for any reason, including, without limitation, if AuctionZip believes that you have violated or acted inconsistently with the letter or spirit of this Subscription Agreement or the Terms of Use Agreement. AuctionZip may also in its sole discretion and at any time modify or discontinue providing any Subscription Service, or any part thereof, with or without notice. Further, you agree that AuctionZip shall not be liable to you or any third-party for any interference with or termination of your access to any Subscription Service. Notwithstanding the foregoing, if AuctionZip suspends or terminates your use of any Subscription Service(s) to which you have subscribed without cause it will (a) extend the term of such Subscription Service(s) by the amount of time such Subscription Service(s) was suspended or (b) refund a pro-rata amount based on the remainder of the term of such Subscription Service(s), as applicable.

 

4. CUSTOMER SERVICE

 

You understand and agree that AuctionZip is solely responsible for all customer service, help, billing and account issues related to the Subscription Service to which you elected to subscribe. Neither your ISP, nor any third party website through which you may have accessed any Subscription Service, nor any of the auction houses that provide data to AuctionZip is responsible for customer service, help, billing and account issues related to your subscription. You agree not to direct any questions, requests for assistance, or inquiries about any Subscription Service to your ISP, to any third party website through which you may have accessed any Subscription Service, or to any of the auction houses that provide data to AuctionZip.

 

5. YOUR ACCOUNT INFORMATION

 

(a) True and Complete

You agree to provide true, accurate, current and complete information about yourself and your billing information as prompted by the process of subscribing to a Subscription Service (such information being the "Account Information").

 

(b) Updating Your Account Information

You may update any of your Account Information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My AuctionZip button on the primary navigation bar of the home page of AuctionZip.com and selecting the Edit Card link.

 

(c) Our Use of Account Information

We shall treat all of your Account Information in accordance with our Privacy Policy.

 

(d) Stolen Account Information Your Responsibility

You are solely and entirely responsible for maintaining the confidentiality of your password, and for any and all activities that occur under your account. If you believe someone has accessed any Subscription Service using your user name and password without your authorization, it is your responsibility to immediately notify us at Support@AuctionZip.com and set up a new username and password by clicking on the My AuctionZip button on the primary navigation bar of the home page of AuctionZip.com and selecting the Edit Registration Info link. AuctionZip will not be liable for any loss or damage arising from unauthorized use of your username and password.

 

6. TECHNOLOGY LIMITATIONS

 

We recommend that you use AuctionZip with Microsoft Windows Operating Systems and Internet Explorer Version 5.5 or later. Internet connection speed will determine how rapidly pages with photographs load to your browser.

 

AuctionZip will make reasonable efforts to keep your account and the Subscription Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour.

 

This Subscription Agreement was last revised and posted on the Site February 9, 2010 to have effect from and after February 9, 2010.