Beckett Media, LLC (herein "Beckett"), the owner of Beckett.com and other related sites, reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing Beckett.com or its services, at any time and at its sole discretion. Beckett reserves the right to make changes without notice. Such changes will be effective upon posting the revised Agreement on Beckett.com. Members are encouraged to review the Agreement from time to time for any possible changes. Members should discontinue use of Beckett.com if they do not agree to any terms of this Agreement.
Beckett.com allows Members to create personal profiles online in order to reflect their passion for collectibles. The Services offered by Beckett ("Beckett " or "we") include the Beckett Website (the "Website") and any other features, content, or applications offered from time to time by Beckett in connection with the Website (collectively, the "Services"). Beckett.com is not intended for commercial use. The features and tools are structured and developed for the individual collector and their personal collections. If you wish to utilize the services Beckett has for commercial purpose, such as to start your own collectibles business, please contact email@example.com for further information on becoming a Beckett Marketplace dealer. If a member uses Beckett.com for anything other than personal purposes, Beckett does not guarantee access, functionality, or updating capability. Please see Section 21 for further warranty information.
- Eligibility: Use of and Membership in the Services is void where prohibited. By using the Services, Member represents and warrants that (a) all registration information submitted is truthful and accurate; (b) they will maintain the accuracy of such information; (c) Member is 18 years of age or older; and (d) use of the Services does not violate any applicable law or regulation. All required fields must contain true, accurate, current and complete information. If Beckett believes that untrue, inaccurate, outdated, or incomplete information has been provided, Beckett may immediately, and at their sole discretion, suspend the Member account without notice.
- Disclosure of Information: Beckett reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Beckett’s systems and customers, or to ensure the integrity and operation of Beckett’s business and systems, Beckett may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP address and traffic information, usage history and posted content. By use of Beckett’s website, the Member agrees to such access and disclosure by Beckett. Any personal information the Member chooses to disclose to another Member is at their sole risk.
- Password: When Members register on Beckett.com , they will also be asked to choose a password. The Member is entirely responsible for maintaining the confidentiality of the password. Member agrees not to use the account, username, or password of another Member at any time or to disclose their password to any third party. Member agrees to notify Beckett immediately if they suspect any unauthorized account use or access to the password. The Member is solely responsible for any and all use of the registered account.
- Member Disputes: Members are solely responsible for their interactions with other Beckett Members. Beckett reserves the right, but has no obligation, to monitor disputes between Members.
- Investigation: Beckett reserves the right, but assumes no obligation, to monitor any activity and content associated with Beckett.com . Beckett may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, denying access and/or removal of any materials from Beckett.com , including listings and bids. Beckett reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In the event that the Member suffers damages from this investigation in any way, Member agrees that Beckett shall not be liable to Member for such damages, in any circumstances.
- Fees: Membership on Beckett.com is free. A fee is required to participate in certain services through Beckett.com, including but not limited to Organize, Online Price Guide subscriptions, and selling through the Trade system. Please review the Beckett.com Help Section for information about any applicable fees. All online subscription fees are non-refundable. All fees are in U.S. dollars unless otherwise stated. Fees are subject to change at any time, without notice. Please see Beckett.com Help Section often for any updated information. All fees are payable upon demand on a Visa, MasterCard, American Express, or Discover credit or debit card or PayPal. By utilizing services on Beckett.com in which a fee may be charged, Member authorizes Beckett to charge the credit or debit card on file for any fees due. All expired credit cards are subject to bank verification and will be charged accordingly.
- Term. Members may terminate membership at any time, for any reason, by contacting us at customerservice@Beckett.com. Beckett reserves the right, in its sole discretion, to restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. This Agreement shall remain in full force and effect, even after Membership is terminated, by either party, for any reason.
- Termination: Beckett, in its sole discretion, may terminate this Terms of Service Agreement, access to Beckett.com or its services, any Forum post, or any current sales or orders immediately without notice for any reason.
- By entering into this Agreement and offering an item for sale or trade, Member agrees to complete the transaction as described by this Agreement. Member acknowledges that by not fulfilling these obligations, the action or inaction may be legally actionable. Trade on Beckett.com refers to the opportunity to buy, sell, or trade sports cards or other items with other Beckett.com Members.
- Reservation of Rights:
- Beckett reserves the right to immediately halt any transaction, prevent or restrict access to Beckett.com, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the policies and guidelines outlined in this Agreement.
- Beckett reserves the right to identify at any time and from time to time particular goods or type of goods as inappropriate for participation on Beckett.com, and Member agrees not to attempt to post any such restricted goods on the site. Identification of inappropriate goods shall be in Beckett’s sole discretion.
- No reservation of rights hereunder by Beckett shall imply an obligation on the part of Beckett to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of Beckett’s right to exercise same at a later date.
- General Release: Beckett is not a seller or buyer of any goods posted for sale or trade in the Trade section of Beckett.com. All transactions are strictly between the Members involved in the transaction. In the event a dispute arises between one or more Members, each Member releases, and agrees to indemnify and hold Beckett (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.
- Trade: Identified as a transaction in which each Member participating in the trade includes at least one (1) item on their side of the offer. No fees are applied for Trades where only items are included in the transactions. If a dollar amount is added to either side of the trade, a 5% fee will be applied to the dollar value and is paid by the recipient of the money.
- Buy/Sell: Identified as a transaction in which a Member ("seller") offers one (1) or more items in exchange for a specified dollar amount without any additional item(s) from another Member. A 5% fee will be applied to the dollar value of the Total Asking Price and is paid by the seller of the item(s). This fee is non-renewing and applies on a pay-per-use basis.
A valid credit card must be on file to sell on Beckett.com and may be entered through the My Account, Payment Options tab. When utilizing Services on Beckett.com in which a fee may be charged, Member authorizes Beckett to charge the credit or debit card on file for any fees due.
Fees are subject to change with or without notice and the most up-to-date fee information is available in the Beckett.com Help Section. All dollar values are listed in U.S. dollars unless otherwise stated.
No fees will be refunded upon account suspension, Member termination of transactions, or any other terminations of Trade services.
- Restrictions: Beckett offers a vehicle for third-party Members to complete buy, sell, or trade transactions. Beckett is not involved in the actual transaction and is not the agent of and has no authority for either for any purpose. Members are expressly prohibited from listing or describing any item, linking or posting any related materials, or purchasing any item that is or is alleged to be:
It is up to the Member listing the item to accurately describe the item for sale or trade. Beckett cannot and does not know whether any listing is accurate, complete, misleading or deceptive or if the Member will perform as promised. As a Member, use of Beckett.com and the Trade services are at your own risk. Always take due care in entering into any agreement with another Member.
- an infringement of any third-party intellectual property rights (including copyrights, trademarks, patents, trade secrets), or other proprietary rights (including rights of publicity, privacy, moral rights);
- misappropriated, counterfeited, illegal, stolen, or fraudulent;
- pornographic, derogatory, offensive or insensitive to any user’s religious beliefs, national origin, race or gender; or
- not lawful to offer for sale.
Beckett recommends the use of delivery confirmation for proof of delivery.
- Transactions: Upon completion of a transaction, whether a trade or a sale transaction type, the Members are obligated to provide the item(s) or payment according to the agreed upon terms. By presenting an offer and completing a transaction, each Member represents and warrants that they have the right and ability to sell or otherwise deliver the item(s), that the item is not otherwise encumbered or claimed, in whole or in part, by another party, and that, to the best of their ability, the listing is accurate, current, and complete and is not misleading or otherwise deceptive. If for any reason an item is no longer available, the seller must notify the buyer and promptly refund or return any payment or item(s) received. All Members agree to binding third-party arbitration or mediation of disputes arising between two or more Members, from the sale of merchandise through a transaction via Beckett.com.
- Deliveries and Returns:Each Member in the transaction is responsible for establishing their own delivery and return policies, and assumes the risk of loss and title for such item(s) upon the delivery of the item(s) to the shipping carrier if an uninsured delivery option is chosen. Each Member agrees to hold Beckett Media, LLC harmless for any loss incurred by any alleged damage or non-delivery of goods.
A Member who receives and processes payment, whether check, money order, credit card, or other means of payment, is obligated to deliver the merchandise in the advertised grade at the advertised price in a timely manner.
- Sales, Use, or Similar Taxes:It is the seller’s responsibility to determine whether sales, use, or similar taxes apply to each transaction. Member agrees to be solely responsible for the collection, reporting, and remittance of the correct tax to the appropriate tax authority. Beckett shall not provide any guidance regarding whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction and Member agrees to indemnify and hold Beckett harmless from any claims for such taxes.
The Beckett.com forums are a free benefit to members of our site. If you are not a member JOIN HERE!
Using the forums on Beckett.com can be informative, helpful and entertaining. People receive support, learn about Beckett Media, learn about the hobby, share their collecting interests, can find trade partners and make new friends around the world. The forums are a positive and enjoyable experience for everyone. To help make your experience more enjoyable, please read through the following forum guidelines.
- General Guidelines
- You agree, through your use of this service, that you will not use the Beckett forums to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any other laws. You agree not to post any copyrighted material unless the copyright is owned by you. Although Beckett Media DOES NOT and CANNOT review the messages posted and is NOT responsible for the content of any of these messages, we at Beckett Media reserve the right to delete any post, thread, image, profile, avatar, attachment or signature for any or no reason whatsoever.
- Messages posted to Becket Media’s forums by community members are solely the opinion and responsibility of the person posting the message. Please note that each individual user is responsible for his or her actions on these forums, so please be sure to act appropriately! Members remain solely responsible for the content of their posts, and agree to indemnify and hold harmless, Beckett and its agents, successors and assigns, with respect to any claim based upon transmission of message(s).
- Members may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Beckett to terminate Membership privileges of any Member who infringes on the copyright rights of others upon receipt of prompt notification to Beckett by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if a Member believes that work has been copied and posted on the Services in a way that constitutes copyright infringement, they may provide the following information to our Copyright Agent:
Beckett’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Beckett Media LLC, 4635 McEwen Rd, Dallas, Texas 75244.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a notarized statement by you, made under penalty of perjury, that all information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Any violations of Beckett’s policies will result in immediate post removal, written warnings, board sanctions and/or total suspension from the forums. Member posts that are in violation of Beckett’s policy will be removed and the member may be suspended without warning.
- Violations include, but are not limited to:
- Including another individual’s contact information and/or e-mail address in a post (this includes phone numbers, physical addresses, IP addresses, e-mail addresses, etc.)
- Including profanity, vulgarity, hate speech, disruptive or hostile comments, interpersonal disputes, or threats of violence/harm in a post.
- Including material (graphic or text) that is obscene, pornographic, or not suitable for a general audience (including sexual references, alcohol or drug discussions, etc.). This may include but is not limited to foul language, sexual references or images, graphic/violent references or images, and drug/alcohol references or images.
- Any actions that interfere with site operations (including spam).
- Attempting to impersonate Beckett Media staff, site moderators, or other Beckett.com Members.
- Encouraging others to violate Beckett Media policies or the Beckett Terms of Service Agreement, including the re-posting of suspended topics or threads or the discussion of warning letters, member violations, banned members, or suspended members.
- Advertising merchandise, services or commercial Web sites of any kind or posting advertisements, chain letters, pyramid schemes, or solicitations. Violations will result in immediate suspension.
- Posting e-mail or other electronic communications from private parties. This includes private message conversations, text messages, e-mail, etc.
- The use of false registration information or creating multiple accounts for use on Beckett Media’s forums for the purpose of disruption will result in permanent suspension of all associated accounts. Only one account is allowed per user, and all other accounts will be permanently suspended.
- Reporters, researchers, and third party representatives emailing any members in their official capacity without prior permission.
- Posting any copyrighted items without the permission of the copyright owner. This includes posting information from the Beckett Online Price Guides, Beckett Online Checklists, Beckett Price Guides (Monthlies, Plus’, or Annuals) or any other copyrighted material.
- Beckett allows the use of signatures on the forums (limit of 255 characters). Images used in signatures should not contain any inappropriate content, and are subject to review by site moderators, Beckett Media staff, or the forum administrators. Inappropriate content may include but is not limited to: foul language, sexual references, graphic/violent images, religious images, and drug/alcohol references. Also, as a courtesy to other users, please limit your signature text length to a reasonable number of lines (6 or less), or the signature block may be edited by a moderator or site administrator to an appropriate length. If you have an excessively long signature, you may be asked to make an adjustment. If other questionable topics arise, please note that the moderators and administrators will use their best judgment, and act in the best interests of Beckett Media. Links to commercial sites in your signature is a violation of Beckett Media policy and will result in suspension or termination of your account.
- Posting links that take users outside of the Beckett.com website for commercial purposes is expressly prohibited (unless specifically built into Beckett.com profile pages for example). This includes links to auction sites, marketing sites, MLM sites, and any other retail sites. In addition, threads and posts may not contain links to outside sites, except for the purpose of legitimate hobby discussions, though Beckett Media and its moderators reserve the right to delete questionable posts at any time. Auction spam may result in suspension from the forums and/or Beckett.com.
- Beckett Media reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you. Please remember that you are responsible for your actions on this site, and you could be held accountable should legal action arise.
- In order to keep the forums safe and friendly for everyone, we have several active moderators and administrators who examine the forums on a daily basis. Most of our moderators have volunteered their time to help, and we appreciate their efforts and hard work. Our moderators work as a team to issue warnings, clean up posts, and issue suspensions, and they work in conjunction with administrators and moderators from Beckett Media. Please keep all posts clean and friendly, and we can all enjoy the safe environment of a fun forum system. If you wish to communicate with the moderators, they can be reached at firstname.lastname@example.org.If you have other forum concerns, please address them to email@example.com.
- All forums on Beckett.com are the property of Beckett Media LLC. Use of these forums is subject to review by Beckett Media LLC. Users may be removed without notice for any reason, including, but not limited to, vulgar posting, harassing other members and consistent non-constructive criticism. Beckett Media and its services may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services.
- Beckett Media reserves the right, but assumes no obligation, to monitor any activity and content associated with Beckett.com. Beckett Media may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the site. Beckett Media reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
- Disclosure of Information: Beckett reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Beckett’s systems and customers, or to ensure the integrity and operation of Beckett’s business and systems, Beckett Media may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content, and you agree to such access and disclosure by Beckett. Any personal information you choose to disclose to another user is at your sole risk.
- Trading sub-forum Guidelines
- As the name implies, this forum is for "trading" only. Items available for trade must be in your Organize, marked "Trade Away" or "Trade For". All trades must be initiated and completed using the official Beckett Media trade system.
- Offering items for sale on the trading sub-forums is strictly forbidden, and can result in a suspension of up to 30 days. Repeat offenders are subject to permanent expulsion from the site. You will not be notified of a violation, and your post(s) will be deleted. This includes items posted for sale at a fixed price, for best offer, or those being offered in an auction format (including but not limited to online auctions). In addition, buys and group buys (splitting cases) are not allowed on the forums. All "buy offers" should be initiated through the Organize feature.
- Beckett Media cannot help solve disputes between trading partners. If you wish to engage in trading, it is your responsibility to be comfortable with any and all aspects of the trade. In addition, you remain solely responsible for the content of your forum posts, and you agree to indemnify and hold harmless Beckett Media, and its agents with respect to any claim arising out of a dispute between trading partners, or based upon transmission of your message(s).
- d. The trading forums are for trading only, and should not contain any Hobby Talk or Sports Talk posts. Inappropriate posts will be moved to the correct forum or deleted without notice. Violators are subject to suspension or expulsion from the site.
- Box Breaks sub-forum Guidelines
As the name implies, this forum is a place to post your box breaks for all to see. The format of your box break post is up to you and we encourage you to include images of your best pulls as well as links to box break videos.
- Common Sense
- In addition to the guidelines stated above, here are a few other "common sense" recommendations to help make your forums experience on Beckett.com a pleasurable one.
- When dealing with fellow users, please treat them as you would wish to be treated. A little common courtesy goes a long way to making friends and keeping the peace.
- Avoid "hot button" topics in your discussions like religion and politics. Our forums are a place for sports card and collectibles enthusiasts to share experiences and engaging in ’hot button" topics can only lead to trouble. Beckett Media reserves the right to remove "hot button" posts/threads where appropriate.
- Be extremely careful with making allegations relating to such things as users selling or buying fake patches, accusations of card trimming, etc. Please remember that it is against the Terms of Service to publish user information, and doing so (especially in cases like this) can possibly result in legal action against you.
- Beckett reserves the right to use any submissions, posts, communications or interactions, whether in the form of articles, comments, emails, images, suggested pricing, confirmed sales, checklist information, photos, or other material, without limitation and without further compensation, acknowledgment or payment to the submitter or poster. By submitting or posting any content, Member grants Beckett Media LLC continuous and non-exclusive permission to use, edit, modify, or copy the content submitted.
If a registered Member submits unsolicited suggestions or ideas, Member agrees that Beckett shall become the sole owner of such suggestion, idea or intellectual property. Member understands and agrees that no compensation will be provided to them in any manner, and that all claims of compensation are expressly waived.
- Proprietary Rights in Content on Beckett.com: By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, Member hereby grants to Beckett a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time such Content is removed from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by Member may remain on the Beckett servers after Member has removed the Content from the Services, and Beckett retains the rights to those copies. Member represents and warrants that:
The Services contain Content of Beckett ("Beckett Content"). Beckett Content is protected by copyright, trademark, patent, trade secret and other laws, and Beckett owns and retains all rights in the Beckett Content and the Services. Beckett hereby grants the Member a limited, revocable, non-sub-licensable license to reproduce and display the Beckett Content (excluding any software code) solely for Member’s personal use in connection with viewing the Website and using the Services.
- the Member owns the Content posted by the Member on or through the Services or otherwise has the right to grant the license set forth in this section, and
- the posting of Member’s Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Member agrees to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by the Member to or through the Services.
The Services contain Content of Members and other Beckett licensors. Except for Content posted by the Member, the Member may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
- Reservation of Rights:No reservation of rights hereunder by Beckett shall imply an obligation on the part of Beckett to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of Beckett’s right to exercise same at a later date.
- Disclaimers: Beckett is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Members of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on Beckett may contain links to other websites. Beckett is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Beckett. Inclusion of any linked, third-party website on Beckett does not imply approval or endorsement of the linked website by Beckett. When Members access these third party sites, they do so at their own risk. Beckett takes no responsibility for collection and dissemination of information by third party websites, third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Beckett is not responsible for the conduct, whether online or offline, of any User of the Services. Beckett assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Member communication. Beckett is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other services due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Beckett be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Beckett event, from any Content posted on or through the Services, or from the conduct of any Members of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Beckett expressly disclaims any warranty of suitability, fitness for a particular purpose or non-infringement. Beckett cannot guarantee and does not promise any specific results from use of the Services.
- Limitation on Liability:In no event will Beckett be liable to Member or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Beckett has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Beckett’s liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Member to Beckett for the Service during the term of membership.
- General Release:Unless otherwise specified, Beckett only facilitates transactions between sellers and buyers of goods posted for sale on Beckett.com. All sale transactions are strictly between the buyer, seller, or other participant. In the event a dispute arises between one or more Members, each releases and agrees to indemnify and hold Beckett (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.
- Disputes: Unless otherwise specified, Beckett is not involved in the actual transaction between sellers and buyers and is not the agent of either for any purpose. Beckett will not be involved in resolving any disputes between Members relating to or arising out of any transaction. Beckett urges sellers and buyers to cooperate with each other to resolve such disputes.
- General Provisions:
- No Agency: Beckett is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Beckett, you, and relying buyers or sellers.
- Severability: If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver: Nothing contained herein shall be construed as a waiver by Beckett of any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by an authorized Beckett agent. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Beckett’s failure to enforce the strict performance of any provision of this Terms of Service Agreement will not constitute a waiver of Beckett’s right to subsequently enforce such provision or any other provisions of this Terms of Service Agreement.
- Copyrighted Confidential Information: Beckett is the owner of Beckett.com and all pages therein. All information contained herein is considered confidential and proprietary information and is the product of immeasurable time and skill provided by Beckett and its agents (“Confidential Information”). Member understands that misappropriation of such Confidential Information would cause irreparable damage to Beckett. As a condition of joining Beckett.com, Member understands that the materials on this site are confidential, proprietary and protected by United States Copyright Laws, and that any unauthorized reproduction, preparation of derivative works, distribution (whether by sale or other transfer of ownership, or by rental, lease or lending), or other display of the copyrighted work publicly, without the express written consent of Beckett Media LLC is expressly prohibited, and that any violation could expose the user to both criminal and civil liability.
- No Warranties: Beckett.com and all Services available therein are provided on an "as is, where is" basis. Beckett makes no representations or warranties express, implied or otherwise, including but not limited to:
- Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- Any guaranty or implied warranty that Beckett.com or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
- Any guaranty or implied warranty that the information, content, materials, or products included on the site will be as represented by sellers or traders, available for sale, lawful to sell, or that sellers, buyers, or traders will perform as promised;
- Any implied warranty arising from the course of dealing or usage of Trade services; and
- Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of Beckett to the full extent permissible under applicable law, Beckett disclaims any and all such warranties.
- Indemnity/Limitation of Liability:
- Indemnity and Defense: You agree to defend, indemnify and hold harmless Beckett and its affiliates, (and their respective employees, directors, agents, representatives, successors and assigns) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell or trade, any content you provide, the advertisement, offer, sale, trade, or return of any products you sell or trade, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or trade, or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through Beckett.com, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
- Limitation of Liability: In no event shall Beckett be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this Terms of Service Agreement, even if Beckett has been advised of the possibility of same.
- Applicable Law: Beckett.com and the Services are arranged, sponsored, or managed by Beckett in the State of Texas, USA. The laws of the State of Texas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas and Member hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
- Termination: Beckett, in its sole discretion, may terminate this Agreement, access to Beckett.com or its Services, or any current transactions immediately, without notice for any reason.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.