Thursday, May 28, 2020 10:01 PM

User Agreement between you and Jefferson State Trading Company

The following is the user agreement as presented by Jefferson State Trading Company. You must agree to these terms before you will be able to sell items, or bid on any item.

As part of the registration process you must print and mail a signed copy of an abbreviated portion of this agreement to Jefferson State Trading Company. You may obtain a copy of this abbreviated agreement by clicking on the "Print Abbreviated User Agreement" button below. To complete the registration, click the "I Agree" button at the bottom of this page and then complete form with your user information.


TERMS OF USE OF AUCTION ON
WWW.JEFFERSONSTATETRADINGCO.COM

PLEASE READ THE TERMS OF USE CAREFULLY. DO NOT USE THE AUCTION SERVICES, INCLUDING, BUT NOT LIMITED TO, SELLING AND/OR BIDDING ON QUOTA SHARES, QUOTA POUNDS, OR LIMITED ENTRY PERMITS, IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE. YOU ARE REQUIRED TO PRINT, PHYSICALLY SIGN, AND FAX, MAIL, OR E-MAIL BACK A SIGNED COPY OF THIS AGREEMENT PRIOR TO JEFFERSON STATE BEING BOUND BY THE TERMS CONTAINED HEREIN AND PRIOR TO JEFFERSON STATE GRANTING YOU ACCESS AND LICENSE TO THE AUCTION SOFTWARE.

1. DEFINITIONS

A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Auction Services. The terms “you” and “your” refer to you, as a user of the Auction Services. The terms “we,” “us,” “our,” “Jefferson State,” or “Jefferson State Trading Co.” refer to Jefferson State Trading Company, LLC, a California limited liability company.

“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Auction Services, such as reviews, compliments, invitations, advice, and information that you display. “Jefferson State Content” means Content that we create and make available on the Auction Services. “Third Party Content” means Content that is made available on the Site by parties other than Jefferson State or its users, such as data providers who license data to Jefferson State for use on the Auction Services.

2. BINDING EFFECT. This is a binding agreement. By signing this Agreement, you agree to abide by these Terms of Use, as they may be amended by Jefferson State from time to time in its sole discretion. Jefferson State will post a notice on www.jeffersonstatetradingco.com (the “Site”) and send you a notice via e-mail or regular mail any time these Terms of Use have been changed or otherwise updated. If at any time you find these Terms of Use unacceptable, you must immediately cease all use of the Auction Services. YOU AGREE THAT BY SIGNING THIS AGREEMENT AND BY USING THE AUCTION SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

3. PRIVACY POLICY. Jefferson State respects your privacy and permits you to control the treatment of your personal information. A complete statement of Jefferson State’ current privacy policy can be found by clicking on the Privacy Policy link on the home page. Jefferson State’ privacy policy is expressly incorporated into this Agreement by this reference.

If you are required to open an account to use or access the Auction Services, you must complete any account registration process that may be provided by Jefferson State by providing us with complete and accurate information. You may be asked to provide a password. If so, you are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify Jefferson State immediately of any unauthorized use of your account or password. Jefferson State shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Jefferson State, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.

4. LICENSE OF SOFTWARE. By this Agreement, Jefferson State is making available to you the Auction Software and Auction Services for use on our Site (collectively, the “Auction Services”). If you download or otherwise use any of the Auction Services, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Jefferson State. Jefferson State does not transfer either the title or the intellectual property rights to the Software or Auction Services, and Jefferson State retains full and complete title to the Software and Auction Services as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

5. DESCRIPTION OF AUCTION SERVICES. Through the Software, Jefferson State is providing auction services to users interested in selling and buying individual fishing quota (“IFQ”) items, including, but not limited to, Quota Share, Quota Pounds, and/or limited entry permits, via the Site. We reserve the right to restrict what items may be sold at any time, prior to or during an auction. You may not use the Auction Services to sell firearms, pornography in any form, and/or illegal merchandise, including, but not limited to, pirated software and music. Although Jefferson State disclaims all responsibility for the nature and content of the items sold via the Auction Services and disclaims any responsibility for monitoring said items, Jefferson State may, from time-to-time and in its sole discretion, review or otherwise monitor the items placed up for auction. Jefferson State reserves the right to remove any items for any reason or no reason without prior notice.

As a user, you may bid and/or sell items via the Auction Services. As a bidder, you acknowledge that placing a bid can result in a binding contract between you and the seller, and that you cannot retract the bid once placed. If the Seller accepts your bid, you will be obligated to buy the product at the indicated on your bid. Please be advised that failing to pay on a validly-placed bid is illegal in most states. As a seller, the description of the item offered for sale must accurately reflect the nature and quantity of the actual item(s) you are selling. Please be advised that offering for sale permits, Quota Shares, and/or Quota Pounds that are not registered to you, or any other items not legally under your control or ownership, is a crime. You acknowledge that you will enter into a binding contract for the sale of your item(s) with the bidder with the highest bid at the end of the auction period, except that if, the highest bid does not equal or exceed the minimum reserve price you have provided for the item(s), no binding contract will be formed, and you, as the seller, are not obligated in any way to sell the item(s).

Alternatively, the Auction Services also provide the sellers with the opportunity to sell items at a fixed price (the “Fixed Price Auction”). Instead of bidding, the potential purchasers simply accept the fixed price offer provided by the seller. Accepting such an offer results in a binding contract between buyer and the seller, which the buyer cannot retract once accepted. The buyer will be obligated to buy and the seller will be obligated to sell the items offered at the price quoted.

6. AUCTION SERVICES, ONLY. BY SIGNING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT JEFFERSON STATE IS PROVIDING AUCTION PLATFORM SERVICES, ONLY. In order to make a valid bid via the Auction Services, the bidder must be able and willing to transfer the amount of the bid, in U.S. Dollars, to us via the mechanisms provided through the Software, which we will hold in a protected Trust Account, if and when the bidder wins a given auction. If, at the conclusion of the auction period, the bidder does not win the auction, bidder is not required to transfer any funds to us. If, at the conclusion of the auction period, the bidder does win, and thereby enters into a binding contract with the seller, and send us the appropriate funds, we will transfer the funds to the seller, less a commission that we retain, once we have been notified by bidder/buyer or by the appropriate Federal or State agency or authority that title to the item(s) has been transferred. Please consult our website at www.jeffersonstatetradingco.com for the appropriate commission rate that applies to your transaction. The seller and buyer are responsible to ensure that title to is transferred. For the Fixed Price Auction, once the buyer has accepted the seller’s offer, the parties thereby have entered into a binding contract, and the buyer will be obligated to transfer the appropriate funds to us, which we will hold in a protected Trust Account. We will then transfer the funds to the seller, less a commission that we retain, once we have been notified by buyer or by the appropriate Federal or State agency or authority that title to the item(s) has been transferred. Please consult our website at www.jeffersonstatetradingco.com for the appropriate commission rate that applies to your transaction. ALL USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR OR PARTY TO ANY DISPUTES THAT MAY ARISE BETWEEN OR AMONG THE BIDDERS, THE BUYER, AND/OR THE SELLER. IN THE EVENT THAT DISPUTE ARISES BETWEEN OR AMONG THE BIDDERS, THE BUYER, AND/OR THE SELLER, ALL PARTIES AGREE TO HOLD JEFFERSON STATE HARMLESS AND TO INDEMNIFY JEFFERSON STATE PURSUANT TO SECTIONS 15 AND 16, BELOW. JEFFERSON STATE MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY BIDDERS OR SELLERS, AND JEFFERSON STATE ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT PROVIDED BY USERS OF THE AUCTION SERVICES. JEFFERSON STATE RESERVES THE RIGHT TO RETAIN THE BIDDER’S FUNDS IN THE EVENT OF A DISPUTE TO AWAIT FURTHER INSTRUCTION FROM THE APPROPRIATE AUTHORITIES OR TO RETURN THE BIDDER’S FUNDS TO THE BIDDER. IF, IN THE EVENT THAT BIDDER’S FUNDS ARE RETURNED TO BIDDER, THE SELLER EXPRESSLY AGREES TO HOLD JEFFERSON STATE HARMLESS, AND TO PURSUE ANY AND ALL RECOURSE AGAINST THE BIDDER, AND NOT AGAINST JEFFERSON STATE.

7. USER CONTENT. You grant Jefferson State a license to use the materials you post to the Auction Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Auction Services, you are granting Jefferson State, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Jefferson State, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Jefferson State may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Auction Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Auction Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Auction Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user identification. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

9. INTELLECTUAL PROPERTY OWNERSHIP. All Jefferson State Content included on the Auction Services, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Jefferson State and is protected by U.S. and international intellectual property laws. The compilation of all content on the Auction Services is the exclusive property of Jefferson State and protected by U.S. and international copyright laws. All software used on this site is the property of Jefferson State or its software suppliers and protected by United States and international intellectual property laws.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jefferson State and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Jefferson State name or trademarks without the express written consent of Jefferson State. You may not use any direct linking or source-calling of any media presented on this website.

10. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Jefferson State has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Auction Services. Jefferson State’ policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Jefferson State to delete, edit, or disable the material in question, you must provide Jefferson State with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jefferson State to locate the material; (d) information reasonably sufficient to permit Jefferson State to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Jefferson State’ designated agent at:

Copyright Infringement Agent
Jefferson State Trading Company
P.O. Box 2102
McKinleyville, CA 95519
707-839-3569
webmaster@jeffersonstatetradingco.com

11. PROHIBITED CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
(11.1) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading;
(11.2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(11.3) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
(11.4) harasses or advocates harassment of another person;
(11.5) exploits people in a sexual or violent manner;
(11.6) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
(11.7) solicits or is designed to solicit personal information from or about any minor;
(11.8) contains information that poses or creates a privacy or security risk to any person;
(11.9) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(11.10) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
(11.11) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(11.12) solicits or is designed to solicit passwords or personal identifying information from other Users;
(11.13) includes a photograph or video of another person that you have posted without that person’s consent; or
(11.14) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.

Jefferson State reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Auction Services, and, if applicable, to delete any such material from its servers. Jefferson State intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

12. PROHIBITED CONDUCT. You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Auction Services:
(12.1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Auction Services;
(12.2) using the Auction Services in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
(12.3) using the Auction Services to promote bigotry or discrimination;
(12.4) using the Auction Services to solicit personal information from minors or to harm or threaten to cause harm to minors;
(12.5) engaging in criminal or tortious activity, including, but not limited to, fraud, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets;
(12.6) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(12.7) attempting to probe, scan, or test the vulnerability of the Auction Services or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Auction Services;
(12.8) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting a virus to the Auction Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(12.9) using the Auction Services to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services;
(12.10) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
(12.11) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Jefferson State in providing the Auction Services;
(12.12) using the Auction Services for keyword spamming or to otherwise attempt to manipulate natural search results;
(12.13) recording, processing, or mining information about other users;
(12.14) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Auction Services for the purposes of sending unsolicited or unauthorized material;
(12.15) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Jefferson State Services other than your User Content which you legally post on, through or in connection with your use of the Auction Services;
(12.16) providing or using “tracking” or monitoring functionality in connection with the Auction Services, including, without limitation, to identify other Users’ views, actions or other activities on the Auction Services;
(12.17) interfering with, disrupting, or creating an undue burden on the Auction Services;
(12.18) impersonating or attempting to impersonate Jefferson State or a Jefferson State employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);
(12.19) using or distributing any information obtained from the Auction Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(12.20) using invalid or forged headers to disguise the origin of any Content transmitted to or through Jefferson State’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
(12.21) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
(12.22) using the Auction Services in a manner inconsistent with any and all applicable laws and regulations.

13. ALLEGED VIOLATIONS. Jefferson State reserves the right to terminate your use of the Auction Services, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Auction Services for any reason. To ensure that Jefferson State provides a high quality experience for you and for other Users of the Auction Services, you agree that Jefferson State or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Auction Services. Jefferson State does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Jefferson State reserves the right to terminate your account or your access to the Auction Services immediately, with or without notice to you, and without liability to you, if Jefferson State believes that you have violated any of the Terms of Use, furnished Jefferson State with false or misleading information, or interfered with use of the Auction Services by other Users.

Jefferson State assumes no responsibility for monitoring the Auction Services for prohibited Content or conduct. If at any time Jefferson State chooses, in its sole discretion, to monitor the Site or Services, Jefferson State assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.

If you become aware of misuse of the Site or of any prohibited Content or conduct, please report it to Jefferson State by sending us an email by clicking the e-mail icon on the bottom of the Home page at www.jeffersonstatetradingco.com.

14. NO WARRANTIES. JEFFERSON STATE HEREBY DISCLAIMS ALL WARRANTIES. JEFFERSON STATE IS MAKING THE AUCTION SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE AUCTION SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JEFFERSON STATE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AUCTION SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. JEFFERSON STATE DOES NOT WARRANT THAT THE AUCTION SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE AUCTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

15. LIMITED LIABILITY. JEFFERSON STATE’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JEFFERSON STATE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE AUCTION SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

16. INDEMNITY. YOU AGREE TO INDEMNIFY JEFFERSON STATE FOR CERTAIN OF YOUR ACTS AND OMISSIONS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JEFFERSON STATE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING FROM YOUR ACCESS TO OR USE OF THE AUCTION SERVICES, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. JEFFERSON STATE WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, LOSS, LIABILITY, DAMAGE, OR COST.

17. AFFILIATED SITES. Jefferson State has no control over, and no liability for any third party websites or materials. Jefferson State works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Jefferson State nor the Auction Services has control over the content and performance of these partner and affiliate sites, Jefferson State makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Jefferson State assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Auction Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Jefferson State makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

18. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Humboldt County, California, USA in all disputes arising out of or related to the use of the Auction Services, subject to section 19, below.

19. BINDING ARBITRATION. If the Parties are unable to resolve a dispute through informal negotiations, either Party may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. USER ACKNOWLEDGES THAT ABSENT THIS SECTION, USER COULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Arbitration fees and the Parties’ share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Licensor will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable California law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, the Parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Any disputes pursuant to this provision will be arbitrated in Humboldt County, California.

20. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

21. NO LICENSE. Notwithstanding Section 4 of this Terms of Use, nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

22. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Auction Services. Jefferson State also reserves the right to terminate your use of the Site or Services for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.

23. ACKNOWLEDGEMENT. BY PURCHASING AND/OR USING THE AUCTION SOFTWARE AND/OR SERVICES, AND CLICKING “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

By Pressing I Agree, You Agree to these terms listed above.


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