Terms & Conditions

HAGGLE WEB SITE TERMS AND CONDITIONS

Last Revised: May 17, 2010

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of Haggle LLC ("Haggle"), located at www.Haggle.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Haggle, or its subsidiaries or affiliates, for products, services or otherwise.

Haggle reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

The Frequently Asked Questions located atwww.Haggle.com/Home/Help are incorporated herein by reference. If you have any question regarding the use of the Site, please refer first to the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to the Contact Us page.

Privacy Policy

Please refer to our Privacy Policy for information on how Haggle collects, uses and discloses personally identifiable information from its users.

Registration

To purchase bids or products and to participate in any of the auctions or other Services offered on the Site, you must register and maintain an active account with the Site. During the registration process, you must create a username and a password specific to your account, along with providing other necessary account information. You are solely responsible for keeping your password confidential and must not disclose your password to any third party. You may not authorize, license, sub-license, time-share or otherwise permit any third party access to or use of your account, or assign, transfer or otherwise convey your account to any other person. In general, you are solely responsible and liable for all access to and use of the Site, and activities that are taken using your account together with the associated password, regardless of whether or not such access or activities are made or authorized by you. In the event of any disclosure of your password to a third party or unauthorized activity using your account, you must immediately contact Haggle using the contact information provided for account security.

Account Cancellation/Termination; Suspension

You may cancel your account at any time for convenience by following the account cancellation instructions provided on the Site. If you cancel your account, you are not entitled to and will not receive a refund or return of any amounts paid for bids or products, whether or not such bids have been used or products have shipped or delivered. Haggle may cancel your account at any time for convenience by removing access to your account and providing you with electronic notice of cancellation. If Haggle cancels your account for convenience, Haggle will refund you the balance of any purchased bids that remain unused. Haggle reserves the right, at any time and without notice, to deny or reject your registration, to monitor, suspend, terminate and/or close your account, and to block, refuse and/or prohibit your access to and use of the Site, including your ability to purchase bids, participate in any auctions and purchase any products, in the event Haggle determines, in Haggle’s sole and absolute discretion, that any of the following has or is likely to occur: (a) a breach or violation of these Terms and Conditions; (b) violation of any applicable law, rule or regulation, (c) violation or infringement of any right of a third party, (d) unauthorized or improper access to or use of the Site or any Service, or (e) interference with the operation of the Site. If Haggle cancels, suspends or terminates your account based on any alleged breach or violation set forth above, Haggle reserves the right to withhold and deny any refunds of purchased bids that remain unused and shipment or delivery of any products, whether or not purchased.

Bids

Free Bids. You may be offered free bid(s) to participate in your first auction on the Site. In addition to such first auction free bids, from time to time, Haggle may offer you additional free bids for using the Buy it Now program, meeting certain requirements or performing certain activities. In the event Haggle offers you any free bids and you meet the requirements or perform the activities as set forth and required by the Haggle to qualify, Haggle will credit your account with such additional free bids. Free bids have no value, other than the right to use the bid in a future live auction subject to and in accordance with the terms and conditions of this Agreement and the continued provision of the Site by Haggle. All free bids are offered and granted by Haggle at its sole discretion and are only valid until the earlier of (i) the period of time set forth for such free bid as part of its offer by Haggle, (ii) the termination of your account, either by you or by Haggle, or (iii) one year from grant. The offer and grant of free bids may be withdrawn and cancelled by Haggle at any time without notice. By placing a free bid in an auction, you agree to comply with and be bound by these Terms and Conditions, as well as any specific terms of the particular auction or other Service.

Purchased Bids. In order to purchase bids, you must register an account with the Site. You must purchase and pay for any purchased bids prior to use of any such bids on the Site with any Service. All purchased bids are offered and granted by Haggle only in such quantities and at such prices and on such payment and other terms as expressly set forth on the Site, subject to and in accordance with these Terms and Conditions. All purchased bids are offered and granted by Haggle at its sole discretion and are only valid until the earlier of (i) the period of time set forth for such purchased bid as part of its offer by Haggle, (ii) the termination of your account, either by you or by Haggle, or (iii) one year from grant. By placing a bid in an auction, you agree to comply with and be bound by these Terms and Conditions, as well as any specific terms of the particular auction or other Service.

Use of Bids. A bid represents your right to participate in a current auction or other Service on the Site. When you place a bid in a current auction, the price of the product being auctioned increases by the amount specified for the auction and time is added to the auction by the amount specified for the auction. Each bid constitutes an offer by you to purchase the product being auctioned under these Terms and Conditions and any specific terms and conditions for such auction. If you have valid free or purchased bids available to you for use, you may place a bid in an auction by clicking on the "Bid", "Bid Now" or similarly designated link during a live auction on the Site. You may use a bid only once, and once you place a bid in an auction or other Service on the Site the Haggle will deduct the bid from your account. All bids are non-transferable, non-assignable and offered and granted by Haggle solely to you for your personal, non-commercial use in auctions and other Services that may be offered on the Site, subject to and in accordance with these Terms and Conditions. Under no circumstances may all or any portion of your bids or bid packages be sold, traded, pledged, bartered or otherwise provided to any third party.

Refunds. No refunds will be provided for any bids purchased or used.

Auctions

To participate in an auction, you must place a bid for a product being auctioned during the time the auction is active using the bid placement methods provided for on the Site. Each bid placed in the auction will increase the final purchase price of the product a pre-determined amount, as specified on the Site for that particular auction, and add an additional pre-determined amount of time to the auction, as specified on the Site for that particular auction. If no additional bids are received by Haggle prior to the time for the auction expiring, Haggle will end the auction. The participant that made the last bid at the highest amount for the product prior to the end of the auction wins the auction and the right to purchase the product at the high bid amount in accordance with the offer and purchase terms set forth herein. All bids placed in the auction for the product expire, are not refunded or credited back to any account, and are not otherwise eligible for any further use, regardless of whether or not the winning participant accepts the winning offer for or completes the purchase of the product. All determinations of timing and receipt of bids shall be determined by Haggle in its sole and absolute discretion based on the internal records of Haggle’s systems and shall be final.

Upon completion of an auction, Haggle will notify the winning participant via the Site and email correspondence, and provide the participant with an opportunity to accept the offer and enter into an agreement with Haggle for the purchase of the product subject to and in accordance with these Terms and Conditions, including the applicable auction and purchase information such as price, shipping costs, payment options, and shipping instructions. The winning participant must access the confirmation page in order to accept the offer and enter into an agreement to purchase the product.

Site Outages due to Hacking or Attacks

In the event that an auction ends during or shortly after a period in which the Site is not functioning properly due to the Site having been hacked or otherwise electronically attacked (e.g., a denial-of-service attack) Haggle reserves the right to takes whatever steps it deems appropriate to ensure that the results of that auction are fair. Such steps may include, but are not necessarily limited to, canceling the auction or reopening the bidding for the auction.

Product Purchase; Payment

To complete purchase of the product, the winning participant must access the confirmation page, accept the offer, select from the available payment and shipping options and make payment in full of the applicable payment price, shipping costs, taxes and any other additional charges set forth as part of the confirmation and payment processing pages. If the winning participant fails to access the confirmation page, accept the offer and complete purchase of the product as provided above within 14 days of the end of the auction, Haggle reserves the right to withdraw the offer to the winning participant for the product at any time, with or without notice to the participant, and in such event the winning participant’s right to purchase and receive delivery of the product will be permanently revoked.

Products will not be shipped or delivered to the winning participant until the winning participant accepts the offer and completes the purchase of the product as provided above. Title to goods and all risk of loss passes to participant upon delivery to the common carrier.

Product Delivery; Cancellations; Returns

Product Delivery. Upon acceptance of the offer and payment in full of all applicable charges, Haggle will notify the winning participant and process the shipment and delivery of the product according to the shipping method selected and shipping address information supplied by the winning participant. Shipment will be made directly by Haggle or by Haggle’s authorized suppliers. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska, Hawaii or certain other areas, please check notifications on the detail pages of the auctions in advance. Delivery times vary and any delivery times indicated are solely estimated times and are not guaranteed. Any damage to the product during shipment must be reported to Haggle upon delivery by contacting Haggle’s customer service and following the return policy. If no damage is reported upon delivery, the product will be deemed accepted in new condition.

To cancel an order for a product, a participant must notify Haggle in writing before the item has shipped. Cancellations by phone or any other method will not be accepted. Costs of postage and risk of loss or damage in shipment for returns will be paid by and are the responsibility of the participant, provided that if participant is returning a product that was delivered in damaged condition, Haggle will pay for the cost of return postage. If Haggle incurs any costs for insufficient postage on the return, courier shipments or other additional or irregular shipping costs, these costs will be deducted from any refund remitted to the participant.

All requests for product technical service and support should be made directly to the manufacturer in accordance with manufacturer terms and conditions.

Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Haggle logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Haggle or its licensors or users and are protected by U.S. and international copyright laws.

Any Site Materials that are licensed under an open source license are noted as such. The use of such open source Site Materials is governed by the open source license terms applicable to such Site Materials.

You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Haggle, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Haggle has adopted a policy of terminating, in appropriate circumstances and at Haggle's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Haggle may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Nathan Garnett
Full Address of Designated Agent to Which Notification Should be Sent: 601 108th Ave NE, Ste. 1200, Bellevue, WA 98004.
Telephone Number of Designated Agent: 425.201.8782
Facsimile Number of Designated Agent: 425.201.6167
E-Mail Address of Designated Agent: copyright@Haggle.com
Customer Service: 425.201.8521

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

Trademarks

Haggle, Haggle.com, the Haggle logos and any other product or service name or slogan contained in the Site are trademarks of Haggle and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Haggle or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Haggle" or any other name, trademark or product or service name of Haggle without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Haggle and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Haggle names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Third Party Content

Haggle may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Haggle does not monitor or have any control over any Third Party Content or third party Web sites. Haggle does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Haggle does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Advertisements and Promotions

Haggle may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Haggle, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Haggle is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Haggle advertisers on the Site.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, the Haggle or Haggle's products or services that are provided by you in the form of email or other submissions to Haggle, or any postings on the Site, are non-confidential and shall become the sole property of Haggle. Haggle shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Content and Interactive Services or Areas

The Site may include discussion forums, user generated content or other interactive areas or services, including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
   
   
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
   
   
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
   
   
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
   
   
5. Unsolicited promotions, political campaigning, advertising or solicitations;
   
   
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
   
   
7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
   
   
8. User Content that, in the sole judgment of Haggle, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Haggle or its users to any harm or liability of any type.

Haggle takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Haggle liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Haggle is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Haggle has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Haggle reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Haggle's systems and customers, or to ensure the integrity and operation of Haggle's business and systems, Haggle may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Haggle's right to disclose any such information shall govern over any terms of Haggle's Privacy Policy.

If you post User Content to the Site, unless we indicate otherwise, you grant Haggle and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Haggle and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Indemnification

You agree to defend, indemnify and hold harmless Haggle, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Haggle and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY HAGGLE, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HAGGLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. HAGGLE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. HAGGLE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HAGGLE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE HAGGLE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, HAGGLE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Haggle reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Haggle.

Limitation of Liability

IN NO EVENT SHALL HAGGLE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HAGGLE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HAGGLE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAGGLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HAGGLE FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Termination

Notwithstanding any of these Site Terms, Haggle reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

Questions or comments about the Site may be directed to Haggle at the contact us email address.