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Autographs America - User Agreement
Welcome to Autographs America. By using the services on this website you (hereinafter sometimes referred to as the "User") must first become a member of Autographs America and acknowledge your agreement to the following terms, and the general principles for the website.
Before you may become a member of Autographs America, you must read and accept all of the terms and conditions this User Agreement and the Privacy Policy.
This Agreement became effective on July 9, 2007.
While using the Site, the User will not:
(1) Violate any laws, or third party rights,
(2) Use the Site if you are not able to form legally binding contracts, or you are under the age of 18,
(3) Transfer your User Account and User ID to another party without our consent;
(4) Copy, modify, or distribute content from the Sites and Autograph America's copyrights and trademarks; or
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying for your order on the Site with an approved valid method of payment.
Much of the information and products on the Site are updated daily and is proprietary, useful and verified by Autographs America and our third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not:
(A) Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Autographs America and the appropriate third party, as applicable;
(B) Interfere or attempt to interfere with the proper workings of the Site or any activities conducted on the Site; or
(C) Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Privacy Policy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in this Autographs America Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
Indemnity
You will indemnify and hold Autographs America and our officers, directors, agents, subsidiaries, joint ventures and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Autograph America's national registered agent. Legal Notice to the User shall be served to the User's email address you provide to Autographs America during the registration process.
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 legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between the User and Autographs America, our goal is to resolve the dispute quickly. Accordingly, User and Autographs America agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a 'Claim') in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Autographs America must be resolved by a court located in King County, Washington, including resolution by Arbitration as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims or disputes.
Arbitration
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ('ADR') provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims
All claims you bring against Autographs America must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Autographs America may recover attorneys' fees and costs up to $1000, provided that Autographs America has been notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
Authentication Guarantee
Every item purchased from us comes with a Certificate of Authenticity guaranteeing it to be authentic. You may take your purchase to an approved third party authentication company. After an examination, if your authenticator puts into writing that the item was absolutely not signed by the artist you may return the item purchased. After receipt of the item we will refund the purchase price of the item, and the shipping charges.
Returns - Resolution of Disputes
Returned items are only acceptable, if they meet the Authentication Guarantee requirements for such a return. First, an agreement must be made by Autographs America that an item, or items, has, or have met the scope of proof to constitute a return, i.e., that a third party authentication company of legal standing has specifically stated that the item, or items are, or, were absolutely not signed, or autographed by the artist, or artists in question. Otherwise, said items are not returnable, or refundable for any other reason.
List of Approved Authentication companies: 1.) PSA/DNA; 2.) Global Authentication, Inc (GAI)
List of NON Approved Authentication companies: 1.) Frank Caiazzo; 2.) Chris Morales
General
Autographs America Inc. is located at P.O. Box 597, Ravensdale, WA 98051. If you reside outside of the United States and registered on this Site, the services are offered in countries within the European Union and all other countries by the International AG, located at Helvetiastrasse 15/17, 3005, Bern, Switzerland.
Severability
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.
Assignment
In our sole discretion, we may assign this Agreement in accordance with the Notices Section.
Headings
Headings are for reference purposes only and do not limit the scope or extent of such section.
Waiver
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Amendment
This Agreement may be amended by us at any time with proper notification to all members by e-mail. We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Autographs America Message Center.
Entire Agreement
This Agreement sets forth the entire understanding and agreement between the User and Autographs America with respect to the subject matter hereof.
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Washington Department of Consumer Affairs by contacting them in writing at 800 Fifth Avenue, Suite 2000, Seattle, WA 98104-3188, or by telephone at (800)551-4636 or (206) 464-6684
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