TO USE OUR SERVICES YOU MUST MEET AND ACCEPT THIS AGREEMENT WHICH DESCRIBES THE TERMS
AND CONDITIONS APPLICABLE TO YOUR USE OF OUR SERVICES AT HAWAIIANAUCTION.COM. BY USING OUR
SERVICES YOU INDICATE YOU UNDERSTAND AND ACCEPT THIS USER AGREEMENT.
We may amend this agreement at any time by posting the
amendments on our site.
This agreement takes effect June 1, 2000.
Member Eligibility. Hawaiian Auction services are available only to individuals who can form legally
binding contracts under applicable law. Do not use our services if you do not qualify. Our
services are not available to minors. Suspended Hawaiian Auction members are not eligible
to use our services.
Services & Fees
You agree that our services are provided "AS-IS" AND WITHOUT ANY WARRANTY OR
CONDITION, and that Hawaiian Auction assumes no responsibility for the timeliness,
deletion, mis-delivery or failure any user communications or settings.
You don't need to be a registered user to browse our listing. If you
want to bid on items or sell your items at Hawaiian Auction, we will ask you to register
with us. In consideration of your use of our services, you agree to provide true,
accurate, current and complete information about yourself as prompted by the service's
registration form and maintain and promptly update the registration data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or we have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Hawaiian Auction has the right to
suspend or terminate your account and refuse any and all current or future use of our
services (or any portion thereof).
Joining Hawaiian Auction and bidding on items at our auctions is free. Sellers are
responsible for paying all fees associated with using Hawaiian Auction services and
all applicable taxes. Our Fees and Credits Policy is available at Fees & Credits page. We may
change our Fees and Credits Policy periodically. Unless otherwise stated, all fees are
quoted in U.S. Dollars.
Hawaiian Auction (hawaiianauction.com) is the site for sellers to list items and buyers to
bid on items. We are NOT INVOLVED in the actual transaction between buyers and sellers. We
have no control over the quality, safety or legality of the items advertised, the truth or
accuracy of the listings, the ability of sellers to sell items or the ability of buyers to
buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
You agree to deal with any persons at your own risk.
Bidding Placing a bid is the binding contract (exclude appropriate "non-binding bid"
categories). By bidding on an item you agree to buy this item (exclude items listed in
"non-binding bid
categoies) at the amount of your bid. After an auction
closes, trading partners are responsible for completing the sale. If you are the
highest bidder at the end of an auction and seller accepts your bid, you are obligated to
complete the transaction with the seller. You may not cancel a bid unless: a) the
transaction is prohibited by law or by this Agreement, b) the seller materially changes
the item's description after you bid, c) you made a clear typographical error, d) you
cannot authenticate the seller's identity. By bidding on any items, you are certifying
that you have the legal right to purchase such items.
Selling
Seller's listings may include text descriptions, and pictures that describe and show your
items for sale at Hawaiian Auction.
An information of seller's listings shall not be:
false, inaccurate or misleading;
fraudulent or involve the sale of counterfeit or stolen items;
infringe any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
violate any law, statute, ordinance or regulation;
defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
obscene or contain child pornography and if material is offensive to some, it must be
placed in the Adult category;
contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information;
create liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers;
link directly or indirectly to or include descriptions of goods or services that are
prohibited under this Agreement or you do not have a right to link to or include.
If a seller receives one or more bids at or above stated minimum price (or above the
reserve price at reserve auctions), in this case the seller is obligated to complete
the transaction with the highest biedder after completion of the auction, unless there are
exceptional circumstances. Seller may not notify via email any other bidders in a
currentlyauction being run by a different sellers, offering similar or the same
items at any price level, nor may use an alias to place bids on the seller auction for any
reason.
Hawaiian Auction may suspend or terminate any account for any reason at any time. Immediate
termination will occur if you are found engaging in fraudulent activities.
Interference You agree that you will not use any automatic device, or manual process to
monitor or copy our web pages without our prior permission. You agree that you will not
take any action that imposes an unreasonable or disproportionately large load on our
infrastructure.
Breach
If you breach this Agreement we may temporarily suspend or terminate your membership and
refuse to provide our services to you. You agree to indemnify and hold us and our
subsidiaries harmless from any claim or demand, arising out of your breach of this
Agreement or your violation of any law or the rights of a third party.
Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our service.
No Agency. You and Hawaiian Auction are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
Notices. Notices shall be given by postal mail to Hawaiian Auction P.O. Box 842,
Kapaa, HI 96746 (in the case of Hawaiian Auction) or to the email address you provide us
during the registration process (in your case). Notice shall be deemed given 24 hours
after email is sent, unless the sending party is notified that the email address is
invalid. Alternatively, we may give you notice by certified mail, postage prepaid and
return receipt requested, to the address provided Hawaiian Auction during the registration
process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration. Any controversy or claim arising out of or relating to this Agreement or our
services shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration shall be
conducted in Honolulu, Hawaii, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof.
General
This Agreement shall be governed in all respects by the laws of the State of Hawaii. We do
not guarantee continuous, uninterrupted or secure access to our services, and operation of
our site may be interfered with by numerous factors outside of our control. If any
provision of this Agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced.
