Jewelers Board Of Trade

Terms and Conditions

1. Definitions.

Go4Bids.com Inc. is the interactive on-line auction service on the World Wide Web of the Internet, consisting of auction services and content provided by Go4Bids.com Inc.. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of Go4Bids.com Inc.

2. General.

2.1. This Agreement, which incorporates by reference other provisions applicable to use of Go4Bids.com Inc., including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in Go4Bids.com, sets forth the terms and conditions that apply to use of Go4Bids.com by Subscriber. By using Go4Bids.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. Go4Bids.com Inc. allows only 1 (one) account per registered Subscriber. The right to use Go4Bids.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password.

2.2. Go4Bids.com Inc. shall have the right at any time to change or discontinue any aspect or feature of Go4Bids.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

Go4Bids.com Inc. shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Go4Bids.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Go4Bids.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Go4Bids.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Go4Bids.com and all charges related thereto.

5. Subscriber Conduct.

5.1. Subscriber shall use Go4Bids.com for lawful purposes only. Subscriber shall not post or transmit through Go4Bids.com Interactive any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Go4Bids.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Go4Bids.com's discretion restricts or inhibits any other Subscriber from using or enjoying Go4Bids.com Interactive will not be permitted. Subscriber shall not use Go4Bids.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Go4Bids.com.

5.2. Go4Bids.com Inc. contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Go4Bids.com are copyrighted as a collective work under the United States copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Go4Bids.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

5.3. Subscriber shall not upload, post or otherwise make available on Go4Bids.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Go4Bids.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Go4Bids.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Go4Bids.com the right to edit, copy, publish and distribute any material made available on Go4Bids.com by Subscriber.

5.4. The foregoing provisions of Section 5 are for the benefit of Go4Bids.com Inc. and shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability.

6.1. SUBSCRIBER EXPRESSLY AGREES THAT USE OF GO4BIDS.COM INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER GO4BIDS.COM NOR ANY OF THEIR RESPECTIVE EMPLOYEES WARRANT THAT GO4BIDS.COM INC. WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GO4BIDS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH GO4BIDS.COM.

6.2. GO4BIDS.COM INC. IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

6.3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT GO4BIDS.COM INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

6.4. IN NO EVENT WILL GO4BIDS.COM, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A GO4BIDS.COM AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GO4BIDS.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON GO4BIDS.COM.

6.5. IN ADDITION TO THE TERMS SET FORTH ABOVE, GO4BIDS.COM SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED GO4BIDS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. GO4BIDS.COM SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. GO4BIDS.COM INC. DOES NOT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring.

Go4Bids.com shall have the right, but not the obligation, to monitor the content of Go4Bids.com, to determine compliance with this Agreement and any operating rules established by Go4Bids.com and to satisfy any law, regulation or authorized government request. Go4Bids.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Go4Bids.com. Without limiting the foregoing, Go4Bids.com shall have the right to remove any material that Go4Bids.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless Go4Bids.com, their respective directors, officers and employees from and against all claims and expenses, including attorneys' fees, arising out of the use of Go4Bids.com by Subscriber or Subscriber's Account.

9. Termination.

Go4Bids.com may terminate this Agreement at any time. Without limiting the foregoing, Go4Bids.com shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Go4Bids.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(5.2), 5(5.3), 5(5.4), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks.

11. Miscellaneous.

This Agreement and any operating rules for Go4Bids.com established by Go4Bids.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

12. Copyrights and Copyright Agent.

Go4Bids.com respects the rights of all copyright holders and in this regard, Go4Bids.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Go4Bids.com's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing 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 us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has 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

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13. Supplemental Terms

First Time Users

Please note; in an effort to keep our site free from mischievous bidders (those who bid up the price of items but have no intention of paying for them), first time customers will be required to pay for their first three items that they bid on and win. After the first transaction is officially completed, customers will be able to bid freely on other items. Until such time, customers will not be able to make use of the Go4Bids.com auto-bid feature. This requisite will be implemented as of September 2007.

* This policy pertains to Go4Bids.com art items as well.

The "Item" Price

The Item Price is the maximum price other jewelers advertise online, sell in the stores for similar or the same jewelry item. This price in no way reflects an appraised value, worth, or suggested retail price.

You should always make sure to have all the information provided in the description page of the auction evaluated with your local appraiser/jeweler before you bid or buy.

The purpose of the Item Price is to demonstrate the advantage of a $1 auction.

Auction Glitches

Go4Bids.com will offer 100% risk free auctions, save when a technical glitch prevents that from happening. In such a case, Go4Bids.com reserves the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by Go4Bids.com to the customer if no merchandise is shipped.

It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number or numbers.

Frivolous Bidding

In an effort to maintain our auctions free from frivolous bidding, Go4Bids.com reserves the right to remove erroneous bids from an auction and extend the auction for no longer than 25 minutes. If no other bids are placed during the extension the auction will be awarded to the next highest bidder.

Go4Bids.com may also declare a winner prior to the auction closing.

Second Chance Offer

Go4Bids.com reserves the right to award multiples of items won to the highest bidders of select and predetermined auctions at our discretion. Customers will be contacted via email informing them of the addition to their account. Payment must be made within 4 days. The item(s) will only be available for purchase within those 4 days regardless of whether or not notification was received. If payment is not made within the 4 day timeframe the item will re-list at no penalty to the customer. Second chance offer items are exempt from the chronological order policy.

Your Transactions and Obligations

By entering into this Agreement and bidding on a product, the customer agrees to complete the transaction. In which case, the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and Go4Bids.com maintains the right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to multiple non-pays of auctions won, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees.

* Go4Bids.com Inc. reserves the right to demand payment if customer has more than 10 unpaid items in their account or if the total amount of auctions won, exceeds $1,000.00. To avoid this situation please pay on time. All winning auctions must be paid in chronological order. Thank you for cooperation.

Transaction Fee

Go4Bids.com have no transaction fees.

Chargeback Procedure

Go4Bids.com, in good-faith, makes every effort to bring disputes that may arise to a fair and just conclusion. If customer does not make an attempt to resolve a dispute before initiating a chargeback procedure, their account will be deactivated immediately. If you have any questions regarding an invoice or a payment made, please call Go4Bids.com Customer Service at (650)871-2353 or send an e-mail to customerservice@go4bids.com

(Mail fraud is a FEDERAL CRIME!)

Illegal Activity

The Site and Services only may be used for lawful purposes and in a lawful manner. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password. Such conduct is a violation of state and federal laws. Fraudulent conduct may be reported to law enforcement, and Go4Bids.com will cooperate to ensure all violators will be prosecuted to the full extent of the law.

Shill bidding is prohibited on the site, that is the placing of bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on Go4Bids.com or the bid price of any product listed on the site, or influencing user behavior on Go4Bids.com

California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY GO4BIDS.COM.

Go4Bids.com's Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is:

Go4Bids.com Inc.

By Email: legal@go4bids.com

By Phone: (650)871-2353