This is a legal contract between you and LuxeBidder.com.

This Site Access and Purchase Agreement (this Agreement) is a legal contract between you and LuxeBidder.com and contains the terms and conditions for access to and use of the website and marketplace located at www.LuxeBidder.com (the Site).

Please read this User Agreement and the Privacy Policy carefully - if you do not agree to any of the terms, do not use the Site or Marketplace.

CLICKING THE ACCEPT BUTTON UPON REGISTRATION CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM IN THIS AGREEMENT, DO NOT CONTINUE TO ACCESS AND USE THIS SITE.

1. AMENDMENTS AND CHANGES

1.1 Changes to Site and Marketplace. LuxeBidder.com shall have the right at any time to change or discontinue any aspect or feature of LuxeBidder.com, including, but not limited to, services, products, content, hours of availability, and equipment needed for access or use.

1.2 Changes to Agreement Terms. LuxeBidder.com shall have the right at any time to change, modify, add or delete the terms and conditions applicable to your use of the Site, or any part thereof. Such changes, modifications, additions or deletions (Changes) shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. YOUR CONTINUED USE OF THE SITE FOLLOWING LUXEBIDDER.COM'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE.

2. Customer Registration

2.1 The Marketplace. LuxeBidder.com operates an online marketplace that enables registered customers to view, bid on, and purchase products and services (the Marketplace). Except for certain circumstances, each product available on the Marketplace (Products) is offered for a defined and limited period of time determined by LuxeBidder.com and is sold to the customer who proposed the highest purchase price during that limited selling period. In addition, LuxeBidder.com may, from time to time, make available to customers opportunities to purchase a Product either in multiples of more than one (1) or at the highest purchase price they proposed even if that purchase price was not the highest proposed during the selling period.

2.2 Registration as a LuxeBidder.com Customer Required. Only registered LuxeBidder.com customers may participate in bidding and purchasing on LuxeBidder.com. In order to become a registered customer, you must agree to this Agreement and all terms and agreements incorporated in this Agreement, not be a Minor, and provide us with your name and email address, as well as any other necessary identification information that we may request from time to time in order to complete transactions.

2.3 Age Minimum. Individuals under the age of majority in their state or province of residence, usually but not always the age of 18, may not register for a LuxeBidder.com customer account, use the Site, or authorize transactions on the Site.

2.4 Your User Name and Password. As part of the registration process, you will choose your own user name and password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password.

2.5 LuxeBidder.com allows only one (1) account per registered Subscriber. The right to use LuxeBidder.com is personal to Subscriber and is not transferable to any other person or entity.

2.6 Cookies Must Be Enabled. In order to participate in the Marketplace, your browser cookies must be enabled each time you log on. Cookies are small files stored on your hard drive that store login information. Your browser may be set up to accept cookies by default, but if your settings have changed, or your browser continually returns to the login page after you submit your login information, you may need to enable cookies.

3. BASIC USAGE RULES: YOUR USE OF THE SITE

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

3.2 Compliance with Laws; Fraud. The Site and Marketplace only may 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 Marketplace, including in regard to bidding, and purchasing Products. 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(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and LuxeBidder.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

3.3 Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any Product for the purpose of artificially increasing or otherwise manipulating the bidding process on LuxeBidder.com or the bid price of any Product listed on the Site, or influencing user behavior on LuxeBidder.com.

4. PRIVACY, MONITORING AND DISCLOSURE, BREACH

4.1 Your Privacy. Click here Privacy Policy for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. LuxeBidder.com may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by LuxeBidder.com except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Privacy Policy.

4.2 Monitoring and Investigation. As permitted by applicable law and consistent with our Privacy Policy, LuxeBidder.com has the right, but not the obligation, to monitor and investigate any activity and content on or associated with this Site. LuxeBidder.com may also monitor and 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. Without limiting the foregoing, LuxeBidder.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

4.3 Disclosure of Information. As permitted by applicable law, LuxeBidder.com 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 information requests, to protect LuxeBidder.com.s systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of LuxeBidder.com.s business and systems or other purposes deemed reasonable by LuxeBidder.com, LuxeBidder.com 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.

5. RIGHTS OF LUXEBIDDER.COM

5.1 Auction Glitches. LuxeBidder.com will offer 100% risk free auctions, except when a technical glitch prevents that from happening. In such a case, LuxeBidder.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 LuxeBidder.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(s).

5.2 Breach. Without limiting other remedies, LuxeBidder.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if LuxeBidder.com is unable to verify or authenticate any information you provide to LuxeBidder.com; or (c) if LuxeBidder.com believes that your actions may cause legal liability for you, other LuxeBidder.com users, or LuxeBidder.com.

5.3 Termination. LuxeBidder.com may terminate this Agreement or your access to the Site at any time in the event of any conduct by you which LuxeBidder.com, in its sole discretion, considers to be unacceptable.

6. BIDDING TERMS

6.1 Your Bid Or Offer To Buy Is Your Agreement. You acknowledge and agree that a bid or a request to buy any Product is a legal offer to buy the Product. Once LuxeBidder.com accepts your offer, you are obligated to complete the transaction as accepted by LuxeBidder.com. Accordingly, when you bid on a Product on LuxeBidder.com, you enter a legally binding contract in which you express intent to purchase the Product at the proposed bid price. Failure to do so in a timely manner may result in termination of your LuxeBidder.com customer account and other possible actions taken by LuxeBidder.com to enforce your obligations. You acknowledge that not fulfilling these obligations may be legally actionable.

6.2 Listing Page. Each Product has a Listing Page, which sets forth the Products description and additional Checkout Terms, if applicable. You are responsible to read the Listing Page, and your submission of a bid to buy a Product constitutes your agreement that you have read and you understand the Listing Page and any Checkout Terms.

6.3 Bid Increment Rules

(a) Whole Dollar Increments. Each proposed purchase price in each bid (a Bid Amount) to buy a Product must be in whole dollar amounts. Any Bid amount not placed in whole dollar increments will be invalid and not accepted.

(b) Minimum Bid Increase. Your Bid Amount must exceed the current highest bid by at least the Minimum Bid Increase, usually $1.00.

6.4 No Bid Shilling or Fraud. Bid shilling occurs when someone bids on a Product for the sole purpose of driving up the price and is prohibited. Any evidence of bid shilling on a Product is a breach of this Agreement and warrants immediate termination of the perpetrator.s customer account.

6.5 Retracting Your Bid. Once you have submitted a bid to purchase any Product, it cannot be retracted unless you made an obvious typographical error when placing the bid. For clarification, a bid placed on another, similar Product, changing your mind, or inability to pay for the Product is not grounds to retract a bid or to cancel your agreement to purchase a Product. Valid grounds for bid retraction would be recognized in the event that a recently entered bid is at least ten times the amount of the item.s estimated retail value, as would occur if an extra digit were accidentally inserted as the result of obvious typographical error. To retract a confirmed bid, you must contact Customer Service with your request and include the Product listing number and a valid explanation.

6.6 Submission of the Highest Bid and Your Payment Obligation. When you have submitted the highest Bid Amount during the selling period of a Product, you will receive an e-mail notifying you that you have submitted the highest Bid Amount - you will have one seven (7) days thereafter to pay for your Product(s) at that highest Bid Amount. You are responsible for keeping track of all of your highest Bid Amounts. No extensions on these seven (7) days will be given. If you do not pay for your item(s) within this time, your claim on them will be null and void, the items may be placed back on auction. Repeat offenders risk having their customer account terminated.

7. BIDDING TOOLS

LuxeBidder.com makes available tools for reviewing and purchasing Products through the Marketplace. You are solely responsible for use of these tools. By using any of these tools, you agree that you have read and that you understand all of the rules and instructions for such tools.

7.1 Autobid System. Our Autobid System will automatically place bids on your behalf on Products up to your maximum Bid Amount. Your election to use the Autobid System is your offer to purchase the applicable Product at the highest Bid Amount designated by you and a legal contract between you and LuxeBidder.com. If your highest bid amount is the winning bid, you agree to comply with your obligations under that contract to buy the Product from LuxeBidder.com. An Autobid placed on a Product or Bids that have already been placed by the Autobid System may not be cancelled.

7.2 Bid Tracking. A record of your bidding history will be kept in your customer account profile, including closed bids you.ve lost, closed bids you.ve won, open bids you.re currently losing, and open bids you.re currently winning. This feature is available for your convenience; it is your responsibility to keep track of your own bid history.

8. PAYMENT 8.1 General Payment Policies

(a)Payment in U.S. Currency Only. All payments for Products must be made in United States currency.

(b) All Purchases Will Be Subject to Invoices. All of your purchases and amounts owed for those purchases will be presented to you on one (1) or more invoices that will be emailed to you and stored in your LuxeBidder customer account. LuxeBidder.com will use its commercially reasonable efforts to post and make available to you your invoices no later than one (1) hour after LuxeBidder.com accepts your payment.

(c) Sales Tax Applicable to Wisconsin Only . All items shipped within the state of Wisconsin or purchased with a credit card whose billing address is located within the state of Wisconsin are subject to sales tax. Purchases made in or shipped to any other state or province are not currently subject to these taxes. Be advised that this may be amended at a later date, should tax laws change.

(d) Payment Due Within 7 Days. Payment on any Product is due promptly, but no later than seven (7) days after LuxeBidder.com accepts your offer to buy a Product. Failure to pay within this time may result in termination of your LuxeBidder customer account.

(e) 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 LuxeBidder.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. LuxeBidder.com 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 $1000.00. To avoid this situation, please pay on time. All winning auctions must be paid in chronological order.

(f) Shipping Not Refundable. Shipping is non-refundable, unless, the Product [is damaged or] does not substantially conform to the Listing Page description of such Product.

(g) Customs on International Shipments. You are solely responsible to pay all customs fees on packages shipped out of the United States. You are solely responsible for understanding and complying with your local customs laws, duties, regulations, and restrictions. In addition, for returned packages, you will pay all customs fees incurred during the shipping process.

8.2 LUXEBIDDER.COM Rights If Payment Not Received In Full. You promise that any payment method selected by you when purchasing a Product shall enable you to make full and immediate payment. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, LuxeBidder.com may in its sole and absolute discretion cancel your purchase. In such case, LuxeBidder.com may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At LuxeBidder.com.s sole discretion, but without any obligation, alternate payment methods may be arranged.

8.3 Payment Methods

(a)Accepted Payment Forms . LuxeBidder.com currently accepts:

(i) Visa

(ii) MasterCard

(iii)American Express

(iv) Discover

(vi) Certain third party payment services, including PayPal.

(b) Third Parties. You agree that any payments made to LuxeBidder.com through any third party payment service, such as PayPal, BillMeLater, any credit card issuer, or any other party, will be an agreement between you and the third party. LUXEBIDDER.COM WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THIS SITE IS FOR CONVENIENCE ONLY. LUXEBIDDER.COM MAKES NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.

8.4 LUXEBIDDER.COM Rights If Payment Not Received In Full. You promise that any payment method selected by you when purchasing a Product shall enable you to make full and immediate payment. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, LuxeBidder.com may in its sole and absolute discretion cancel your purchase. In such case, LuxeBidder.com may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At LuxeBidder.com.s sole discretion, but without any obligation, alternate payment methods may be arranged.

9.1 General Shipping Policies

(a) Available Shippers :

(i) Domestic. All domestic orders (Products shipped within the United States) will be shipped by either United Parcel Service (UPS) or Federal Express (FedEx).

(ii) International. All international orders will be shipped by a carrier of LuxeBidder.com.s discretion, based on which carrier we ascertain to be most reliable and affordable.

(b) Time to Ship. LuxeBidder.com will not ship Products or begin to provide services until full payment for such Products or services is received. LuxeBidder.com will deliver Products to the shipper within five (5) business days of receiving payment for such Products. During peak season, your order may take longer to ship. Additional services such as ring resizing may delay your order up to three (3) additional business days.

(c) Express Shipping. We will endeavor to provide you the opportunity to elect express shipping, subject to additional charges. Express shipping relates only to the services provided by a shipper and does not relate in any way to LuxeBidder.com.s time to deliver the Product with the shipper. LuxeBidder.com cannot be responsible for delays in shipping. LuxeBidder.com makes no warranty, express or implied, about the ability of any shipping company to deliver any package in a specified amount of time. Any delays in shipping are the responsibility of the shipping company.

(d) No Signature Release. We will not authorize any shipper to deliver any Product without an authorized recipient signature. Accordingly, if you or your designees are unavailable to sign for any Product package, it will be retained by the shipper for further delivery or follow up by you or your designee. In the event you have a signature release waiver on file with Federal Express, LuxeBidder.com will not be held liable for missing or non-delivered Product(s).

(e) Separation. We reserve the right to ship Products from a single order in separate packages if the order contained services or if there are applicable size and item number limitations as imposed by the shipper. Any separately shipped packages may result in additional shipping charges.

(f) Shipping to APOs and FPOs

(i) Orders up to $500 will be shipped via UPS priority service.

(ii) Orders over $500 must be shipped to a physical address.

(f) Shipping to Guam and Puerto Rico

(i) Orders will beshipped via UPS priority service or FedEx International Economy (International rates will apply).

(ii) There is no overnight delivery available to these destinations.

Shipping Charges.
Shipping charges will vary depending on the address being shipped to. To see estimated shipping charges, log in to your customer account and enter the desired shipping address into the Address Book feature. 9.3 Charges for Refused and Undeliverable Packages:

(a) Restocking Fee. All packages that are refused by the customer or are returned to LuxeBidder.com as undeliverable will automatically be assessed a 15% restocking fee. This restocking fee does not apply to items accepted by the customer and then returned within 30 days, as per our 30 day return policy.

(b) Customs. International orders that are refused by the customers or undeliverable may have customs duties and fees that must be paid in order to have the refused merchandise returned to LuxeBidder.com. In these instances upon receipt of the Product to LuxeBidder.com, a 15% restocking fee will be applied to cover any customs and duties incurred. Any cash balances after 15% restocking fee is applied will be refunded to the customer in a timely manner.

9.4 Tracking Your Shipment. To track your shipment you need to obtain a UPS Tracking Number. This Tracking Number will be emailed to the purchaser when the item is shipped.

9.5 Estimated Delivery Date. Once LuxeBidder.com delivers your package with a shipper, the shipper provides an estimated delivery date based on the shipping method you selected and other market and environmental factors.

9.6 Lost Packages Please Report Within 48 Hours. If you do not receive your package, you must file a claim with LuxeBidder.com within 48 HOURS from the estimated delivery date of your package. LuxeBidder.com will not be held liable under any circumstance for lost or stolen packages; packages containing missing Products; or vandalized packages; if the customer does not contact LuxeBidder.com within 48 HOURS from the estimated delivery date of your package. Please forward all claims issues to: customerservice@LuxeBidder.com .

10. SPECIAL SERVICES

10.1 Ring Sizing. LuxeBidder.com provides limited resizing services for rings available for bid or purchase on LuxeBidder.com.

(a) Resizing Policies .

(i) Only select Products are available for resizing by LuxeBidder.com. If a Product is available for resizing on LuxeBidder.com, it will have that item.s potential sizing range listed under its product information section. Only sizes included within this range are available.

(ii) Re-sizing a ring will delay delivery for up to 3 additional days.

(iii) Any Product being re-sized will be invoiced and shipped separately.

10.2 Gem & Jewelry Grading. LuxeBidder.com provides gemological and metallurgical information whenever possible within the product description of each item. This information was provided by the supplier and is accurate to the best of our knowledge. LuxeBidder.com is not responsible for reasonably erroneous product information.

11. NO WARRANTIES

(a.) Products and Services. We disclaim all warranties, express or implied, of every kind and nature on any Product, service or the Marketplace, except as set forth in this Agreement.

(b.) The Site . THE SITE IS PROVIDED ON AN "AS IS" BASIS. CUSTOMERS USE OF THE SITE IS AT CUSTOMER'S OWN AND SOLE RISK. LUXEBIDDER.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

(i)THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(ii) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR;

(iii) THAT THIRD PARTIES WILL PERFORM AS PROMISED.

(iv) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF LUXEBIDDER.COM.

(v) TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LUXEBIDDER.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM LUXEBIDDER.COM OR THROUGH THE USE OF SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

12. DISCLAIMERS

(a)YOU EXPRESSLY AGREE THAT USE OF LUXEBIDDER.COM IS AT YOUR SOLE RISK. 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. YOU SPECIFICALLY ACKNOWLEDGE THAT LUXEBIDDER.COM 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 YOU.

(b) IN NO EVENT WILL LUXEBIDDER.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING OUT OF THE USE, OF OR INABILITY TO USE THE SITE.

(c) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER LUXEBIDDER.COM, NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL 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 ON THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.

13. LIMITATION OF LIABILITY

OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY, LUXEBIDDER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, PRODUCTS, SERVICES AND THE MARKETPLACE, THE INABILITY TO USE PRODUCTS, SERVICES AND THE MARKETPLACE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

14. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LUXEBIDDER.COM AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS USER AGREEMENT,INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE;(B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

15. APPLICABLE LAW AND DISPUTE RESOLUTION

15.1 Governing Law. Any actions arising out of, or in any manner affecting the interpretation of, this Agreement as they pertain to the Marketplace, the Site, any service or any Product, whether under this Agreement or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and State of Wisconsin, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods;(iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. You hereby consent to the exclusive jurisdiction and venue of courts located in Milwaukee, Wisconsin for litigation of disputes under the Agreement.

15.2 Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN MILWAUKEE, WISCONSIN, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR LUXEBIDDER.COM MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN MILWAUKEE, WISCONSIN, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR LUXEBIDDER.COM PENDING THE COMPLETION OF ARBITRATIONAND 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 TERMS AND CONDITIONS.

16. LEGAL NOTICE AND GENERAL PROVISIONS

16.1 Entire Agreement. This User Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

16.2 No Agency; Third-Party Beneficiary. LuxeBidder.com is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this 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 Agreement. This User 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 LuxeBidder.com and you.

16.3 Severability. If any provision of this 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.

16.4 No Waiver. LuxeBidder.com.s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of LuxeBidder.com.s right to subsequently enforce such provision or any other provisions of this Agreement.

16.5 Headings. The section headings used herein are for convenience only and shall not be given any legal import.