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Terms and Conditions Hidden Treasure Auctions Terms and Conditions Last Updated: June 1, 2009 General Introduction & Overview Welcome to our Hidden Treasure Auctions website.  It is important that you understand both the benefits and limitations of our Auction service.  Therefore, please review these Auction Terms and Conditions carefully. The following Auction Terms and Conditions shall apply exclusively to the business relationship between www.HiddenTreasureAuctions.com and you, our customer, regarding your participation in our Highest Unique Blind Bid Auctions ("Auction").  The terms "we," "us," "our," and "Hidden Treasure Auctions" refer to www.HiddenTreasureAuctions.com or our authorized representatives associated with our Auctions.  The terms "you," "your," and "User" refer to any individual that uses our Hidden Treasure Auctions website, registers to participate in our Auctions, or participates in our Auctions. All Users are required to read and comply with all of the Hidden Treasure Auctions Terms and Conditions, which are subject to modification or change at any time without prior notice.  These Auction Terms and Conditions form a binding contractual agreement ("Agreement") between you and Hidden Treasure Auctions regarding our Auction service.  These Auction Terms and Conditions set forth the rules, regulations, policies, and procedures that govern your use of our Auction service, your participation in any of our Auctions, and our administration of the Hidden Treasure Auctions website.  The interpretation and application of these rules, regulations, policies, and procedures are in the sole discretion and determination of Hidden Treasure Auctions, which in each case shall be final and conclusive.  Any variations or alterations to these Auction Terms and Conditions shall be binding upon Hidden Treasure Auctions only if agreed to in writing. Hidden Treasure Auctions offers high-end electronics for sale via our Highest Unique Bid Auctions.  In these Auctions, you and other Users compete for the opportunity to purchase brand new high-end electronics for a fraction of their face value.  During the course of an open Auction, Users submit bids offering to purchase the auction item at a stipulated price.  The bidder with the Highest Unique Bid at the close of the Auction is deemed the winning bidder and is able to purchase the auction item at an amount equal to his/her Highest Unique Bid.  (Note: In the unlikely event that there are no unique bids at the close of an Auction, then the FIRST bidder to submit the Highest Duplicate Bid will be deemed the winner of the Auction.)  For a detailed explanation of what constitutes the Highest Unique Bid (and the Highest Duplicate Bid), please see the Auction Terms and Conditions section below titled "Bidding on an Open Auction." Each Highest Unique Bid Auction is independent of all other Highest Unique Bid Auctions.  Each Auction will be assigned a unique Auction identification number ("Auction ID#"). The Hidden Treasure Auctions website is offered solely to private individuals in the United States and is valid only where permitted by applicable law.  All references to monetary amounts are in United States dollars and cents. Users are solely responsible for all taxes, charges, or other liabilities due or owing related to or resulting from their participation in our Auction service.  Compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the User.  Questions should be addressed to the User's legal, business, or tax advisor(s). Any bidding guidance posted on our Hidden Treasure Auctions website (for example, references to "Bidding Strategy," "Strategic Considerations," "Bidding Assistance," etc.) is informational only and is not intended to be relied upon.  No representation is made or warranty given as to the content of such information.  Hidden Treasure Auctions assumes no liability or responsibility for any loss resulting from the use of such information or for any actions taken by a User or any other person who relies upon such information.  User assumes all risk of use. Bonus Credits -  Users earn Bonus Credits for participating in our Highest Unique Bid Auctions.  Each time a User pays the $5 Bid Fee with his/her own funds to submit a bid in one of our Auctions, the User earns a $0.50 Bonus Credit.  The $0.50 Bonus Credit is equal to 10% of the $5 Bid Fee.  Bonus credits will be added to the User's Bonus Credit Account.  Once the User's Bonus Credit Account balance equals $5, that amount will be automatically redeemed as payment of the $5 Bid Fee for the User's next bid submitted in any open Hidden Treasure Auction.  Note: (1) A $0.50 Bonus Credit will not be earned when a User's $5 Bonus Credit Account balance is redeemed to pay for the User's bid in an open Auction; and (2) Bonus Credits are not redeemable for cash, have no cash value, are nonrefundable, are not transferable, and may only be used to submit bids in Hidden Treasure Auctions. Acceptance of Terms Through Use By using our Hidden Treasure Auctions website, by registering to participate in our Auction service, and/or by participating in our Highest Unique Bid Auctions, you accept these Auction Terms and Conditions.  PLEASE READ THESE AUCTION TERMS AND CONDITIONS CAREFULLY! Your use of our Hidden Treasure Auctions website, your registration with our Auction service wherein you acknowledge that "I have read and agree to the Auction Terms and Conditions," and your participation in our Auctions by placing bids in our Highest Unique Bid Auctions constitutes your agreement to and acceptance of these Auction Terms and Conditions. If you do not agree to and accept these Auction Terms and Conditions, please do not use our Hidden Treasure Auctions website, do not register with our Auction service, do not acknowledge that you have read and agree to the Auction Terms and Conditions, and do not place any bids in our Highest Unique Bid Auctions. These Auction Terms and Conditions are subject to change at any time without prior notice.  Hidden Treasure Auctions reserves the right to change or discontinue any aspect or feature of our www.HiddenTreasureAuctions.com website and our Auction service at any time and without notice, and to update these Auction Terms and Conditions accordingly. You agree that you are responsible for remaining knowledgeable about these Auction Terms and Conditions.  Therefore, we suggest that you periodically review these Auction Terms and Conditions for any changes.  Your continued use of our Hidden Treasure Auctions website and your continued participation in any of our Auctions after a change to these Auction Terms and Conditions has been posted on the www.HiddenTreasureAuctions.com website constitutes your agreement to and acceptance of the change. Upon notification of a change by publication or posting on the www.HiddenTreasureAuctions.com website of an updated version of these Auction Terms and Conditions, any and all such changes or amendments to these Terms and Conditions are immediately incorporated as part of this Agreement between you and Hidden Treasure Auctions regarding our Auction service, unless a later date is stipulated as the effective date of the change in such posting. Contact Information Hidden Treasure Auctions PO Box 630543 Littleton, CO 80130-0543 (303) 663-6930 AuctionServices@HiddenTreasureAuctions.com If you choose to contact us by phone and reach our voice mail, please leave a detailed message and we will return your call as soon as possible. Violations Please report any violations of these Auction Terms and Conditions to Hidden Treasure Auctions via mail, phone, or email using the above contact information. All www.HiddenTreasureAuctions.com website design, text, graphics, the selection and arrangement thereof, and all software are owned by Hidden Treasure Auctions and protected by United States copyright law and international treaty provisions.  Copyright � 2009, Hidden Treasure Auctions.  All rights reserved. The Hidden Treasure Auctions brand name, www.HiddenTreasureAuctions.com, and all other names, logos, and icons identifying Hidden Treasure Auctions and its services are owned by Hidden Treasure Auctions and are trademarks of Hidden Treasure Auctions in the United States and other countries.  Any use of such proprietary service marks without the prior express written consent of Hidden Treasure Auctions is strictly prohibited.  You agree not to display or use the Hidden Treasure Auctions service marks in any way without written permission from Hidden Treasure Auctions. All other copyrights, trademarks, service marks, brands, product names, and company names or logos for any products and/or materials referenced on our Hidden Treasure Auctions website are the property of their respective owners. You understand and agree that you may not sell, license, rent, lease, loan, duplicate, copy, cut and paste, imitate, mirror, frame, publicly display, disclose, collect, compile, download, reproduce, publish, modify, adapt, edit, post, broadcast, publicly perform, distribute, or otherwise transmit any intellectual, application, database, or directory information or other Hidden Treasure Auctions website content, trade secrets, and materials in whole or in part or create derivative works thereof including, but not limited to, fonts, icons, link buttons, wall paper, desktop themes, or unlicensed merchandise without our prior express written consent. You understand and agree that all content and materials on the Hidden Treasure Auctions website or made available to you through this website (including but not limited to our computer programs, tools, interfaces, images, designs, documentation, ideas, services, information, and other intellectual property) are the sole property of Hidden Treasure Auctions and are protected by copyrights, service marks, and other intellectual property rights and laws in the United States and internationally.  You understand and agree that you do not own or otherwise have a proprietary interest in or right to use such content and materials. You understand and agree that any use of the content or materials found on this www.HiddenTreasureAuctions.com website without the prior express written consent of Hidden Treasure Auctions is strictly prohibited and may violate intellectual property laws as well as other rules, regulations, laws, and statutes.  Unauthorized use is subject to civil and criminal penalties. Eligibility to Participate / Registration Employees of Hidden Treasure Auctions and their immediate family members (defined as parents, children, siblings, spouse, or domestic partner, regardless of where they reside) and those living in the same household as any employee are not eligible to participate in Hidden Treasure Auctions under any circumstances. The Hidden Treasure Auctions service is offered exclusively to private individuals and not to companies or commercial resellers.  We reserve the right to exclude companies and commercial resellers from participation in our Auctions and to close their User accounts at any time without prior notice. Participation in our Auctions is subject to Hidden Treasure Auctions prior approval.  Hidden Treasure Auctions reserves the right to refuse participation to any User at any time in our sole discretion.  Hidden Treasure Auctions is not obligated to accept any bids for any Auction from any User for any reason. A User is not barred from participating in an open Auction based upon winning a prior Auction.  However, Hidden Treasure Auctions reserves the right to limit at its sole discretion the total number of open Auctions in which a User may participate.  And Hidden Treasure Auctions reserves the right to limit at its sole discretion the total number of successfully completed Auctions a User can win. Prior to participating in an Auction, you must establish your eligibility and create an Account Profile by completing our Auction Registration Form.  You must provide all required data at the time of registration.  You are fully responsible for the accuracy of the information you provide. To participate in our Auctions you must be a legal resident of the 50 United States or the District of Colombia, you must be at least 18 years of age (or of the legal age of majority in your state of residence, whichever is older), you must have a valid PayPal account, you must have a valid United States PayPal Confirmed Shipping Address, the name on your PayPal account must match the First and Last Name you provide on your Auction Registration Form, the email address on your PayPal account must match the email address you provide on your Auction Registration Form, and you must acknowledge that you have read and agree to these Auction Terms and Conditions. Electronic Signature -  Federal law defines an electronic signature as "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record" (Title 15, United States Code, Section 7006).  By clicking the checkbox next to the Auction Registration Form eligibility requirement that "I have read and agree to the Auction Terms and Conditions," you understand and agree that you are being asked to electronically sign your registration form acknowledging that you agree to comply with these Auction Terms and Conditions.  You understand and agree that your electronic signature serves the same purpose as your handwritten personal signature would on a paper registration form. You must provide current, factual, and accurate identification, contact, eligibility and other information that may be required as part of our registration process and for continued use of our Hidden Treasure Auctions website.  You must keep your contact information (including your email address and phone number) and other personal information accurate and up-to-date in your Account Profile.  You represent, warrant, and covenant that the registration information you supply is true, correct, and complete.  If you submit inaccurate or invalid information, Hidden Treasure Auctions reserves the right to cancel your bids and to close your Auction Account at any time and without notice. You agree that you will register only once using your First Name and Last Name.  Additionally, you understand and agree that your First Name and Last Name on your Hidden Treasure Auction Registration Form must match your first and last name on your PayPal account.  Further, you understand and agree that the email address you use for your Hidden Treasure Auction Registration Form must match your PayPal email address.  PLEASE READ THIS CAREFULLY!  We deem such data necessary to prevent fraud, to verify information, and to correctly identify you prior to granting you access to our Auction service.  Therefore, if the names and email address on your Auction Registration Form do not match the names and email address on your PayPal account, we reserve the right at our sole discretion to close your Auction Account at any time and without notice.  Additionally, if we determine that you have registered with multiple identities, we reserve the right at our sole discretion to cancel your Accounts at any time and without notice. User Auction Accounts are non-assignable and non-transferable.  You understand and agree that only you may use your Account.  Nobody else may use your Account. During the registration process, you must choose a unique Username and Password.  PLEASE READ THIS CAREFULLY!  You authorize Hidden Treasure Auctions to display your Username, city, and state in the Auction results at the close of an Auction, in accordance with our Privacy Policy. Your Username must not be offensive and/or offend common decency.  You agree that you shall not use profanity and that you shall not deliberately alter words with the intent of bypassing our profanity filter. You agree that you will use an appropriate name and appropriate language in your Username.  You agree that you shall not create a Username that deceives or misinforms other Users; makes false representations; harasses or threatens any individual; impersonates any individual; infringes upon the rights of third parties; is obscene, illegal, or otherwise objectionable; or violates these Auction Terms and Conditions. If Hidden Treasure Auctions receives information regarding a Username that, in our opinion, is illegal and/or in breach of these Auction Terms and Conditions, we reserve the right at our sole discretion to amend the Username without prior notice and/or cancel your Auction Account at any time and without prior notice. Protect Your Password During the registration process, you will select a Username and Password for your Auction Account.  You agree that you will select a unique Username and Password not easily guessed by another party.  You agree that you are responsible for maintaining the confidentiality of your Username, your Password, and your Account. Protect yourself against fraudulent websites by opening a new web browser (e.g., Internet Explorer, Firefox / Netscape, or Opera) and typing in the Hidden Treasure Auctions URL (www.HiddenTreasureAuctions.com) every time you log in to your Auction Account. You agree that you shall keep your Password strictly confidential and use your best efforts to protect and prevent access to our Hidden Treasure Auctions website through your Username and Password by anyone other than yourself.  You agree that you shall NEVER give your Password to anyone, including Hidden Treasure Auctions employees.  You agree that you are solely and exclusively responsible and liable for any and all activities undertaken by you or others using your Auction Account Username and Password. In the event of any loss of your Password, any unauthorized access to or use of your Password or Auction Account by another person or entity not under your control and supervision, or any other breach or attempted breach of the security of your Account or the Hidden Treasure Auctions website, you agree that you will immediately notify Hidden Treasure Auctions at AuctionServices@HiddenTreasureAuctions.com and promptly change your Password.  See the Auction Terms and Conditions section titled "Unauthorized Transactions" for additional information. Privacy Policy The Hidden Treasure Auctions Privacy Policy can be found on the Hidden Treasure Auctions website and is deemed part of this Agreement. When you use the Hidden Treasure Auctions website, Hidden Treasure Auctions will exercise due care in handling your personal information.  Both the Auction Registration Form and a User's Auction Account log in are protected transactions through an SSL connection, which is a secured connection that uses data encryption. (See the URLs for the Auction Registration Form and the Auction Account log in; URLs that require an SSL connection begin with "https" instead of "http.") Your personal information will be held in strict confidence.  However, Hidden Treasure Auctions reserves the right to involve third parties to satisfy our contractual obligations without being required to notify any User participating in our Auctions. You understand and agree that in the event another company buys the assets of Hidden Treasure Auctions, your personal information may then belong to another entity. You authorize Hidden Treasure Auctions to display your Username, city, and state in the Auction results at the close of an Auction, in accordance with our registration requirements.  (See the Auction Terms and Conditions section above titled "Eligibility to Participate / Registration.") Hidden Treasure Auctions does not otherwise sell, rent, distribute, share, disclose, or publish in any manner the personal information you provide through our website except as permitted or required by law.  We reserve the right to cooperate with local, state, and national officials requiring personal information in any investigation of unlawful activities.  We will disclose information to third parties about your Auction Account in order to comply with government agency or court orders. To better serve you and to help ensure that your online transactions are secure, Hidden Treasure Auctions uses session identifiers, also known as "cookies."   These temporary cookies are small data files created by an Internet server to allow you to move easily and securely between our web pages and to complete transactions.  These temporary cookies do not contain personally identifying information.  These temporary cookies do not gather and store information about your visits to other websites. You can, of course, disable cookies on your computer by indicating this in the Preferences or Options menus in your web browser.  However, it is possible that some parts of our website will not operate correctly if you disable cookies.  You understand and agree that Hidden Treasure Auctions is not responsible for any errors, omissions, or inaccuracies caused by your disabling of cookies. Email Notifications Hidden Treasure Auctions reserves the right to contact our Users regarding important product or policy announcements. You agree to allow Hidden Treasure Auctions to contact you by email with administrative updates including but not limited to email notifications in the event you are the winning bidder at the conclusion of an Auction, informing you of the amount of your winning bid. At the time of registration to participate in our Hidden Treasure Auctions service, you can indicate your preference to receive an optional daily email notifying you of the following, if applicable: Your unique bid in a particular open Auction changed to a duplicate bid in approximately the last 24 hours because another bidder placed a bid for the exact same amount as your bid.  The purpose of this email notification is to let you know that the unique status of one or more of your bids has changed, in the event you would like to submit additional bids for that Auction. Certain open Auctions are about to close.  We will notify you when the total number of bids required to close an Auction ("Bids Required to Close") is 10 or less.  The purpose of this email notification is to let you know when open Auctions are about to close, in the event you would like to submit bids for those Auctions. Certain pending Auctions are about to open.  We will notify you when a new Auction is scheduled to open in approximately the next 24 hours.  The purpose of this email notification is to let you know when pending Auctions are about to open, in the event you would like to participate in additional Auctions as they become available. This optional email notification will be generated once a day.  The email will only be sent to you if you elect to receive the optional daily email notification and if the unique status of one or more of your bids has changed, any Auctions are about to close, or any Auctions are about to open. You understand and agree that it is your sole responsibility to: (1) monitor the status of your bids; (2) monitor the status of Auctions that are about to close; and (3) check the availability of new Auctions on the Hidden Treasure Auctions website.  You understand and agree that this optional email notification is sent only as a courtesy, and your email address and information contained in the email may be intercepted by third parties during transmission over the Internet without the permission of you or Hidden Treasure Auctions. You understand and agree that Hidden Treasure Auctions is not responsible for any email notification that is delayed or is never received by you for any reason whatsoever including but not limited to: email messages that are delayed, misdirected, or lost due to interruptions or fluctuations in the Internet; and email messages that are never received by you due to spam filters implemented by your Internet Service Provider or email filtering software used by you. Bidding Account You must use PayPal to deposit a minimum of $10 into your Bidding Account prior to participating in your first Auction.  PayPal allows you to easily deposit funds into your Bidding Account without sharing any of your sensitive financial information with us.  While we have chosen PayPal as our safe and secure online third-party payment service provider for the acceptance of deposits into your Bidding Account, you understand and agree that we do not have control of your financial information and are therefore not liable for any misuse of your financial information in the event the PayPal service is compromised. By depositing funds into your Bidding Account, you represent, warrant, and covenant that you are the owner of the PayPal account and that you are authorized to use the PayPal account to deposit funds into your Bidding Account in order to participate in our Auctions. Funds will be added to your Bidding Account Balance once we receive confirmation from PayPal that your payment has cleared.  You will then be able to use the funds in your Bidding Account Balance to participate in any open Auction. If you wish to add additional funds to your Bidding Account, you must use PayPal.  You must deposit a minimum of $10 each time you add funds to your Bidding Account.  The maximum amount you can add to your Bidding Account at any one time is $300. You will be charged a specified nominal bid fee ("Bid Fee") for the right to submit a single bid in an Auction, which represents your offer to purchase the auction item at a stipulated price.  You acknowledge that a Bid Fee will be deducted from your Bidding Account Balance for each bid you submit in an open Auction at the time you submit your bid, whether your bid ultimately is a successful winning bid or not.  If the Bid Fee exceeds the amount of funds in your Bidding Account, then you must deposit additional funds into your Bidding Account prior to submitting your bid. Once you have submitted a bid for an Auction, Hidden Treasure Auctions will not refund the Bid Fee.  PLEASE READ THIS CAREFULLY! Refunds of Bid Fees are not available once you have submitted a bid for any of our Auctions.  You represent, warrant, and covenant that the Bid Fees you incur will be honored by you and that you will not request a refund of those Bid Fees, whether your bid ultimately is a successful winning bid or not. Hidden Treasure Auctions specifies the amount of the Bid Fee charged per bid at the start of an Auction.  The required Bid Fee will be clearly posted in the details for each Auction.  We currently offer a standard Bid Fee of $5/bid.  We reserve the right at our sole discretion to change the amount of the Bid Fee charged per bid from time to time. The balance in your Bidding Account can only be used to submit bids in Hidden Treasure Auctions.  The unused balance in your Bidding Account will remain in your Bidding Account until you use the funds to submit bids in open Auctions or until you request a refund of the balance.  Hidden Treasure Auctions does not charge dormancy fees or non-use fees of any kind. You may request a refund of the balance in your Bidding Account at any time.  Note that any Bonus Credits added to your Bidding Account by Hidden Treasure Auctions will not be refunded.  Bonus Credits are not redeemable for cash, have no cash value, are nonrefundable, are not transferable, and can only be used to submit bids in Hidden Treasure Auctions. If you would like a refund of the balance remaining in your Bidding Account minus any Bonus Credits you may have received, please submit a request to AuctionServices@HiddenTreasureAuctions.com within 60 days after depositing the funds into your Bidding Account.  We will issue a refund in full to your PayPal account for up to 60 days after the funds were sent to us via PayPal. If you request a refund of the balance remaining in your Bidding Account (minus any Bonus Credits you may have received) 60 days after the funds were deposited into your Bidding Account, a nominal processing fee will be charged for the returned payment.  The processing fee is equal to the PayPal fees we incurred to accept your deposit of funds into your Bidding Account.  (For example, as of May 28, 2009, the maximum fee we are charged by PayPal for receiving payments from our Auction customers is 2.9% + $0.30 USD per transaction.  On a $10 deposit into your Bidding Account, this fee totals $0.59.) In the event a dispute arises out of or in connection with your Bidding Account or any Auction for which you have placed a bid, Hidden Treasure Auctions reserves the right to block access to your Bidding Account and to withhold any outstanding auction item deliveries until we have received payment in full for all bids you have submitted and/or all Auction items you have won. Bidding on an Open Auction Hidden Treasure Auctions is not responsible for any late, delayed, or misdirected bids as a result of technical disruptions or for any other reason.  Hidden Treasure Auctions is not responsible for a User's inability to submit a bid for any reason including, but not limited to, the User's inability to access the Auction website due to any computer, online, telephone, or other technical malfunctions of any kind that may occur. Our Highest Unique Bid Auctions are structured so that Users submit blind bids during an open Auction.  All bids are sealed so that Users do not see the bids submitted by any other Users participating in the open Auction. A new Auction will open for bidding approximately three days after the close of a current Auction.  A new Auction will open for bidding at either 12 PM Eastern or 8 PM Eastern time. Once you complete the Auction Registration Form to create your Account Profile and establish your eligibility, you will be permitted to submit bids in any of our Hidden Treasure Auctions for a specified Bid Fee for every bid you submit.  You understand and agree that the Bid Fee is deducted from your Bidding Account Balance for each bid submitted in the Auction at the time you submit your bid, whether the bid ultimately is a successful winning bid or not.  Your Bidding Account Balance provides a current balance of funds available for bidding and a transaction history of credits posted to your account. PLEASE READ THIS CAREFULLY!  By submitting any bid on our Hidden Treasure Auctions website, you declare that you are at least 18 years old (or of the legal age of majority in your state of residence, whichever is older) and that you are legally capable of entering into a binding contract.  Your bid constitutes your legal capability and your willingness to enter into a binding contract with Hidden Treasure Auctions, and your bid constitutes your confirmation that you have read, understand, and accept these Auction Terms and Conditions. Hidden Treasure Auctions limits the total number of bids each User can submit in an open Auction ("Max. # of Bids per Person") so that the Bid Fees incurred by a User total no more than 75% of the Manufacturer's Suggested Retail Price (MSRP) of the item that is up for auction. When you are ready to submit a bid in an Auction, use the "Submit Bid" form for that Auction.  You must submit your bid in U.S. dollars and cents at or below a defined maximum bid amount ("Max. Bid Amount") for the Auction.  The Max. Bid Amount listed for an Auction is the maximum amount that you can bid to purchase the auction item.  Hidden Treasure Auctions reserves the right at our sole discretion to change the Max. Bid Amounts for our Auctions from time to time. Bids submitted by you cannot exceed the Max. Bid Amount set for that particular Auction.  You must submit your bids equal to or less than the Max. Bid Amount, down to as low as $0.01.  (Zero and negative bid amounts are not allowed.)  Our low maximum bid amounts keep the bids low, which in turn keeps the purchase price of the auction items low.  The winning bidder is able to purchase the auction item for an amount equal to his/her Highest Unique Bid, which is a fraction of the face value of the auction item. When you submit a bid for an Auction, you will be given three opportunities to review your bid amount: (1) You will be asked to enter your bid in the "Enter Bid" box; (2) You will be asked to re-enter your bid in the "Confirm Bid" box; and (3) You will be asked to click the "Bidding Agreement" checkbox, which states that you understand and agree that once you submit a bid for an Auction, Hidden Treasure Auctions will not refund the Bid Fee.  Once you click on the "submit" button, the amount you bid will appear in the section of your Auction Account titled "My Bidding History for This Auction" ("Bidding History"). All bids are processed in the order in which they are received, as determined by the records in our database.  Every bid you submit will be assigned a unique Bid Identification Number ("Bid ID#") for that Auction. In the event you claim there is an inconsistency between the bid you submitted and the bid displayed in your Bidding History, the amount of the bid you submitted will be determined by Hidden Treasure Auctions based on the records in our database.  The decision by Hidden Treasure Auctions regarding the amount of the bid you submitted shall be final, except in the case of manifest error. You acknowledge that you have ample opportunity to check the accuracy of your bid amount before submitting your bid.  Further, you understand and agree that once you have submitted a bid for an Auction, the bid is binding and Hidden Treasure Auctions will not refund the Bid Fee.  PLEASE READ THIS CAREFULLY!  Refunds of Bid Fees are not available once you have submitted a bid for any of our Auctions. You agree that you shall not manipulate our Hidden Treasure Auctions in an attempted non-payment of bids.  You represent, warrant, and covenant that the Bid Fees you incur will be honored by you and that you will not request a refund of those Bid Fees, whether your bid ultimately is a successful winning bid or not. Your Bidding History will give you immediate feedback as to the current status of your bid.  Your Bidding History will show the date and time of your bid, the amount of your bid, and the current status of your bid as a unique bid, a duplicate bid, the Highest Unique Bid, or the Highest Duplicate Bid: Unique Bid -- A unique bid is a bid that is not identical to any other bid submitted in the Auction; a unique bid is one in which the amount bid is the only one of that value because it has not been selected by any other bidder. Duplicate Bid - A duplicate bid is a bid that is identical to at least one other bid submitted in the Auction; a duplicate bid is one in which the amount bid is not the only one of that value because it has been selected by at least one other bidder. Highest Unique Bid -- The Highest Unique Bid is a bid amount that is both: (1) Highest - a bid amount submitted closest (or equal) to the Max. Bid Amount for the Auction; and (2) Unique -- a bid amount submitted where no other bidder has bid the exact same amount. Highest Duplicate Bid - The Highest Duplicate Bid will only be displayed in the event there are no unique bids in an Auction.  If at the close of an Auction every bid submitted was duplicated by one or more additional exact same bids, then there are no unique bids for that Auction.  In the unlikely event that there are no unique bids at the close of the Auction, then the FIRST bidder to submit a bid closest (or equal) to the Max. Bid Amount for the Auction is deemed to have the Highest Duplicate Bid and is declared the winner of the Auction. Example #1 Suppose in an open Auction with a Max. Bid Amount of $8.00, the following six bids are submitted: Bid # 1 = $7.94, Bid # 2 = $7.48, Bid # 3 = $7.98, Bid # 4 = $7.48, Bid # 5 = $7.99, and Bid # 6 = $7.94. The $7.98 and $7.99 bids are unique bids.  And the $7.99 bid is also currently the Highest Unique Bid.  The $7.94 and $7.48 bids are duplicate bids. Example #2 Suppose in an open Auction with a Max. Bid Amount of $1.00, the following six bids are submitted: Bid #1 = $1.00, Bid #2 = $0.87, Bid #3 = $0.79, Bid #4 = $0.87, Bid #5 = $0.79, and Bid #6 = $1.00. There are no unique bids, and $1.00 is the Highest Duplicate Bid.  In the unlikely event that no unique bids are submitted by the close of this Auction, the FIRST of the two bidders who submitted the $1.00 bids will be declared the winner of this Auction. Note: It is important to keep in mind that during an open Auction, the Highest Unique Bid may frequently change as additional bidders submit their bids.  The status of a bidder's unique bid could change to a duplicate bid at any time if any other bidder bids the exact same amount.  Use your Bidding History to monitor the status of your bids. The section of your Auction Account titled "Bidding Breakdown for This Auction" is useful for developing a strategy in submitting successful winning bids.  The breakdown provides detailed information regarding your total unique and duplicate bids for the Auction as well as competing bidders' unique and duplicate bids for the Auction.  You can use this information to develop a strategy as you submit additional bids before the Auction closes. Determining the Winning Bidder of a Closed Auction Each Auction immediately closes/ends when the Bids Required to Close the Auction are reached.  The Bids Required to Close are the total number of bids submitted by Users that must be accepted by Hidden Treasure Auctions for the Auction to close.  Additionally, the Bids Required to Close are the largest number of bids that can be submitted by Users for the Auction.  Hidden Treasure Auctions reserves the right at our sole discretion to change the number of Bids Required to Close our Auctions from time to time. Example: If the Bids Required to Close an Auction is 74, then once Users have submitted a total of 74 bids, the Auction will immediately close. The Bids Required to Close will be determined by Hidden Treasure Auctions prior to the start of each Auction and will be listed in the details for that particular Auction.  Once the Bids Required to Close an Auction have been established, the Bids Required to Close for that Auction will not change.  The Bids Required to Close an Auction will not be exceeded under any circumstances. As Users submit bids in an open Auction, we will post the number of bids remaining ("Bids Remaining") for that Auction.  The Bids Remaining are the total numbers of bids that must be submitted by Users before the Auction can close. If the total Bids Required to Close an Auction has been achieved while a User is in the process of submitting a bid for that Auction, the User will receive a message that the Auction has closed.  The User can return to the Hidden Treasure Auctions home page and select another Auction in which to submit a bid. When an Auction closes, the results will be posted on our website under "Auction Winners."  If you submitted bids in the Auction, you will also be able to see the same Auction results in the section of your Auction Account titled "Completed Auction Detail."   The Auction results will identify the amount of the Highest Unique Bid for the auction item and the winning bidder who submitted the Highest Unique Bid out of all the bids submitted for the Auction.  The Auction results will also show a detailed breakdown of all bids submitted prior to the close of the Auction.  The Auction results will show: the unique Bid ID# for each bid submitted; the date and time each bid was submitted; the amount of each bid submitted; the Username, city, and state of each bidder; and whether the bid was a unique bid or a duplicate bid. Note: The winning bidder is determined by Hidden Treasure Auctions based on the records in our database.  The decision by Hidden Treasure Auctions regarding who is the winning bidder shall be final, except in the case of manifest error. At the close of an Auction, we will extend the winning bidder an offer by email to purchase the auction item for an amount equal to his/her Highest Unique Bid.  Hidden Treasure Auctions reserves the right in our sole discretion to also attempt to contact the winning bidder by telephone, standard mail, or any other means that we deem necessary and appropriate to notify the winning bidder of our offer to purchase the auction item for an amount equal to his/her Highest Unique Bid. If the winning bidder accepts our offer to purchase the auction item, the winning bidder must use PayPal to pay for the auction item via a "pay winning bid amount" link provided in the winning bidder's Auction Account.  Payment by the winning bidder of an amount equal to his/her Highest Unique Bid creates a legally binding contract for the purchase of the auction item by the winning bidder from Hidden Treasure Auctions. If the winning bidder fails to pay an amount equal to his/her Highest Unique Bid for the auction item within 30 days of the close of the Auction, then the winning bidder forfeits the right to purchase the auction item.  In that event, the bidder who submitted the second Highest Unique Bid will be extended an offer by email to purchase the auction item for an amount equal to his/her bid.  If that bidder fails to pay for the auction item within 15 days of the email notification of the opportunity to purchase the auction item, then that bidder forfeits the right to purchase the auction item.  In that event, the bidder who submitted the third Highest Unique Bid will be extended an offer by email to purchase the auction item for an amount equal to his/her bid.  If that bidder fails to pay for the auction item within 15 days of the email notification of the opportunity to purchase the auction item, then that bidder forfeits the right to purchase the auction item.  This process will continue until one of the alternate Highest Unique Bid winning bidders accepts the offer to purchase the auction item and he/she pays for the auction item. [Note: If at the close of an Auction EVERY bid submitted was duplicated by one or more additional exact same bids, then there are no unique bids for that Auction.  In the unlikely event that there are no unique bids at the close of the Auction, then the FIRST bidder to submit a bid closest (or equal) to the Max. Bid Amount for the Auction is deemed to have the Highest Duplicate Bid and is declared the winner of the Auction.  In this scenario, when the Auction closes, the Auction results will identify the Highest Duplicate Bid as the winning bid.  The winning bidder will be extended an offer by email to purchase the auction item for an amount equal to his/her Highest Duplicate Bid.  If the winning bidder accepts the offer to purchase the auction item, the winning bidder must use PayPal to pay for the auction item via a "pay winning bid amount" link provided in the winning bidder's Auction Account. If the winning bidder fails to pay an amount equal to his/her Highest Duplicate Bid for the auction item within 30 days of the close of the Auction, then the winning bidder forfeits the right to purchase the auction item.  In that event, the bidder who was the SECOND bidder to submit the Highest Duplicate Bid will be extended an offer by email to purchase the auction item for an amount equal to his/her bid.  If that bidder fails to pay for the auction item within 15 days of the email notification of the opportunity to purchase the auction item, then that bidder forfeits the right to purchase the auction item.  This process will continue until one of the alternate Highest Duplicate Bid winning bidders accepts the offer to purchase the auction item and he/she pays for the auction item.] All auction items will be sold following the conclusion of their respective Auctions.  If any winning bidder who submitted the Highest Unique Bid in an Auction (or the Highest Duplicate Bid if there are no unique bids at the close of the Auction) forfeits the right to purchase the auction item as described above, then alternate winning bidders will be selected as needed until the auction item is sold. Winning Bidder Options As described in the Auction Terms and Conditions section above titled "Determining the Winning Bidder of a Closed Auction," once an Auction closes the winning bidder will be extended an offer by email to purchase the auction item for an amount equal to his/her winning bid.  The email will also explain the two Winning Bidder Options available to the winning bidder once he/she pays for the auction item using PayPal: The winning bidder can take delivery of his/her auction item. Hidden Treasure Auctions will mail the auction item to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service within approximately 48-72 hours following the winning bidder's selection of this option.  (Note that the approximate 48-72 hour processing time excludes weekends and holidays.) For a 25% cashback fee, the winning bidder can sell his/her auction item to Hidden Treasure Auctions for cash. If the winning bidder selects this option, Hidden Treasure Auctions will buy back the winning bidder's auction item at 75% of the MSRP posted in the Auction details for that auction item.  The winning bidder can choose to (a) have the payment sent to the winning bidder's PayPal account, (b) receive the payment via cashier's check or money order (made payable to the PayPal account holder), or (c) have the payment credited to the winning bidder's Bidding Account Balance. If the winning bidder chooses to have the payment sent to the winning bidder's PayPal account, the payment will be sent within approximately 48-72 hours following the winning bidder's selection of this cash option.  Note that this approximate 48-72 hour processing time excludes weekends and holidays.  (Please be advised that PayPal may assess a transaction fee for the winning bidder to receive this payment.  Premier and Business PayPal accounts are assessed a transaction fee for accepting all payment types; Personal PayPal accounts that accept credit or debit card payments are assessed a transaction fee.) If the winning bidder chooses to receive the payment via cashier's check or money order, the payment will be mailed to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service within approximately 48-72 hours following the winning bidder's selection of this cash option.  Note that this approximate 48-72 hour processing time excludes weekends and holidays. If the winning bidder chooses to have the payment credited to the winning bidder's Bidding Account Balance, the payment will be credited immediately following the winning bidder's selection of this cash option. Example: If you win an auction for a Nikon Coolpix S560 with a $199.99 MSRP but you would prefer cash, you can sell your $199.99 Nikon Coolpix S560 to Hidden Treasure Auctions for a 25% cashback fee.  You will receive a payment in the amount of $149.99.  You can choose to have the $149.99 payment sent to your PayPal account, issued to you in the form of a cashier's check or money order, or credited to your Bidding Account Balance. NOTE: You must comply with any conditions we place on your right to any payment.  Further, if you receive a payment that was not due you or was an incorrect overpayment to you, you understand that we may reverse the payment or seek return of the payment and you agree to cooperate with us in our efforts to do so. IMPORTANT: You are responsible for any taxes you may incur as a result of receiving a payment. The above two Winning Bidder Options will be displayed in the winning bidder's Auction Account.  Following the winning bidder's purchase of the item he/she won in the Auction, the winning bidder will have a total of seven days to select one of the two Winning Bidder Options.  If the winning bidder does not make a selection within that seven-day time frame, then the two Winning Bidder Options will be removed from the winning bidder's Auction Account.  Hidden Treasure Auctions will mail the auction item to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service within approximately 48-72 hours following expiration of the seven-day Winning Bidder Options selection deadline.  Note that this approximate 48-72 hour processing time excludes weekends and holidays. Shipping Details Hidden Treasure Auctions will only ship our auction items to valid United States PayPal Confirmed Shipping Addresses located solely within the 50 states of the United States and the District of Colombia.  We explicitly do not allow shipments to U.S. Territories and military (APO/FPO) addresses. Upon shipment of an auction item, Hidden Treasure Auctions will send the winning bidder a Shipment Tracking and Order Status email via PayPal confirming the shipment date, the shipping company, and the shipment tracking number. Note: Express delivery of an auction item to a winning bidder is available for an additional fee.  Email us at AuctionServices@HiddenTreasureAuctions.com for additional information. Generally, Hidden Treasure Auctions ships auction items to winning bidders free of charge via the United States Postal Service.  We may protect our shipments with one or more of the following services in order to provide the maximum security for our shipment, to prevent fraud, and to guarantee that the auction item is properly delivered to the winning bidder: Registered Mail, Restricted Delivery, insurance, electronic return receipt, etc.  A signature will be required upon delivery. If the shipment to the winning bidder is returned to Hidden Treasure Auctions as undeliverable due to any reasons attributable to the winning bidder, we will reship the package Collect on Delivery (COD) to the winning bidder at his/her expense.  Reasons attributable to the winning bidder for the U.S. Postal Service's inability to deliver the original shipment include but are not limited to: (1) an incorrect, misleading, or incomplete PayPal Confirmed Shipping Address; (2) the winning bidder's failure to accept delivery of the shipment; or (3) the winning bidder's failure to arrange for redelivery of the shipment or failure to pick up the shipment at the winning bidder's local post office after receiving delivery attempt notices from the local post office. Before reshipping the package COD, we will contact the winning bidder for confirmation of his/her correct PayPal Confirmed Shipping Address.  You understand and agree that when we reship the package COD, the U.S. Postal Service will collect the entire cost of postage for the reshipment from the winning bidder at the time of redelivery.  You understand and agree that the cost of postage for the reshipment may include one or more of the following services in order to provide the maximum security for our shipment, to prevent fraud, and to guarantee that the auction item is properly redelivered: Registered Mail, Restricted Delivery, insurance, electronic return receipt, etc.  A signature will be required upon redelivery. The delivery of auction items to winning bidders is dependent upon many factors outside of our control, such as delays in the U.S. mail service.  Delivery times may vary, particularly during peak periods.  Note that delivery times do not include processing time; see the Auction Terms and Conditions section titled "Winning Bidder Options" for detailed information about our processing times.  Hidden Treasure Auctions makes no representations, warranties, or guarantees regarding United States Postal Service transit times.  You understand and agree that Hidden Treasure Auctions is not responsible for United States Postal Service transit times. Return Policy Once the winning bidder purchases the auction item AND the auction item is shipped to the winning bidder, all sales are final and auction items cannot be returned to or exchanged with Hidden Treasure Auctions. Each Hidden Treasure Auctions item is a brand-name product purchased new, sealed in box, and never opened.  As discussed in the Auction Terms and Conditions section above titled "Shipping Details," the winning bidder's auction item will be shipped to the winning bidder via the United States Postal Service.  Hidden Treasure Auctions will protect the shipment with insurance, which will provide coverage for merchandise that is lost, rifled, or damaged.  If the winning bidder does not receive the shipment or receives a shipment that has been rifled or damaged, the winning bidder will be responsible for filing an insurance claim with the United States Postal Service.  Hidden Treasure Auctions will provide whatever assistance is needed for the winning bidder to file his/her insurance claim. Each Hidden Treasure Auctions item is covered not only by a manufacturer's warranty but also by an extended warranty/protection plan that exceeds the manufacturer's warranty.  The winning bidder will receive a gift receipt or a copy of the original receipt from the retailer where the item was purchased, which will enable the winning bidder to register the extended warranty/protection plan in his/her name.  Thereafter, if the winning bidder has any warranty-related problems with the auction item, the winning bidder must contact the manufacturer or the retailer responsible for servicing the extended warranty/protection plan for assistance.  No claims may be made against Hidden Treasure Auctions for defective products and/or services. PLEASE READ THIS CAREFULLY!  You understand and agree that: (1) Once the winning bidder purchases the auction item AND the auction item is shipped to the winning bidder, all sales are final and auction items cannot be returned to or exchanged with Hidden Treasure Auctions; (2) If the winning bidder does not receive his/her auction item shipment or receives a shipment that has been rifled or damaged, the winning bidder will be responsible for filing an insurance claim with the United States Postal Service; and (3) Once the winning bidder receives his/her auction item in satisfactory condition, all warranty-related questions must be handled directly through the manufacturer or the retailer responsible for servicing the extended warranty/protection plan.  You understand and agree that Hidden Treasure Auctions is not responsible for auction items shipped via the United States Postal Service that are lost, rifled, or damaged.  You understand and agree that Hidden Treasure Auctions is not responsible for warranty-related problems with any auction item and that no claims may be made against Hidden Treasure Auctions for defective products and/or services. Exception: Hidden Treasure Auctions grants the winning bidder the right to cancel his/her purchase of the auction item provided the auction item has not yet been shipped to the winning bidder AND provided that the winning bidder informs us of the decision to cancel by email at AuctionServices@HiddenTreasureAuctions.com within 72 hours of purchasing the auction item.  Cancellations by phone will not be accepted.  If the winning bidder cancels his/her purchase, the winning bidder is entitled to a refund of the amount paid for the auction item.  The amount paid for the auction item is an amount equal to the winning bidder's Highest Unique Bid (or Highest Duplicate Bid in the event there were no unique bids at the close of the Auction). Errors Although every effort is made to ensure that the information and content available on our Hidden Treasure Auctions website is correct, accurate, complete, reliable, and current, we make no warranty or guarantee that the information and content on our website is correct, accurate, complete, reliable, or current.  We will not be held liable or responsible to you if any error or omission exists.  We reserve the right to correct any errors, typographical errors, inaccuracies, or omissions and/or to update the information and content on our website at any time without prior notice. We reserve the right to audit the results of all of our Auctions and any other transactions described in these Auction Terms and Conditions.  Auction results are not binding upon Hidden Treasure Auctions until they are reviewed and accepted by Hidden Treasure Auctions. We reserve the right to modify, suspend, or cancel at any time without prior notice (including after bids have been submitted) any Auction containing any error, inaccuracy, omission, or unauthorized transaction where we feel that proceeding with the Auction will put Hidden Treasure Auctions or any other party in a vulnerable position either financially or for any other justifiable reason where the integrity or proper functioning of the Auction may have been corrupted (including but not limited to computer bugs and viruses, technical failures, unforeseen corruption of data, coding errors, unauthorized access, unauthorized intervention, tampering, fraud, etc.). Should the need arise to cancel an Auction for any reason, Hidden Treasure Auctions will contact all affected Users to notify them of the cancellation by email, provided a valid contact email address has been maintained in the User's Account Profile.  If an Auction is cancelled after you have submitted bids for that Auction, we will issue a credit to your Bidding Account Balance equal to the amount of Bid Fees you incurred to submit those bids.  You understand and agree that your sole remedy in the event an Auction is cancelled after you have submitted bids for that Auction is a credit to your Bidding Account Balance equal to the amount of Bid Fees you incurred to submit those bids. Availability of Hidden Treasure Auctions Website While we will use all reasonable care to make our Hidden Treasure Auctions service available, we make no warranty or guarantee that our website will operate continuously or without interruptions.  We will not be held liable or responsible to you for any failure to provide or delay in providing our website, or for any failure of the website to operate, whether or not resulting from any event or circumstance beyond our reasonable control including but not limited to strikes, lockouts, and other industrial disputes; breakdown of systems or network access; fire; explosion; or accident.  We will not be held liable or responsible to you for any failure of our website to properly accept, receive, record, or process any bids or any deposits to your Bidding Account Balance at any time or during any period of time. Product Availability The high-end electronics offered for sale via our Highest Unique Bid Auctions are subject to availability. High-end electronics rapidly change as technology changes.  Should Hidden Treasure Auctions not be able to deliver the winning bidder's auction item because the item is no longer available to Hidden Treasure Auctions with a reasonable amount of effort and within a reasonable amount of time, Hidden Treasure Auctions reserves the right to substitute a comparable item (i.e., a product with the same or better features) of equal or greater value. PLEASE READ THIS CAREFULLY!  You understand and agree that in the event you are the winning bidder and Hidden Treasure Auctions is not able to obtain your auction item because the item is no longer available to Hidden Treasure Auctions with a reasonable amount of effort and within a reasonable amount of time, Hidden Treasure Auctions will substitute a comparable item of equal or greater value.  You agree that you will not hold Hidden Treasure Auctions liable or responsible to you for making such substitution.  Further, you understand and agree that it is your responsibility to confirm the compatibility of the substituted item with your electronics, computer software, computer hardware, and/or other equipment.  You agree that you will not hold Hidden Treasure Auctions liable or responsible to you for any incompatibilities with your electronics, with your software/operating systems, with your hardware, or with your other equipment resulting from your use of the substituted item. In the event Hidden Treasure Auctions must substitute a comparable product of equal or greater value for the winning bidder's auction item, Hidden Treasure Auctions will contact the winning bidder by email to notify the winning bidder of the substitution, provided a valid contact email address has been maintained in the winning bidder's Account Profile.  Hidden Treasure Auctions reserves the right in our sole discretion to also attempt to contact the winning bidder by telephone, standard mail, or any other means that we deem necessary and appropriate to notify the winning bidder of the substitution. The winning bidder will have the right to: (1) Accept the substituted product as is; or (2) Receive cash equal to 100% of the MSRP posted in the Auction details for the winning bidder's original featured auction item.  (The MSRP posted in the Auction details only applies to the featured item that is up for auction; any additional bonus items included in the Auction and any extended warranty/protection plan included in the Auction are specifically excluded from the 100% MSRP cash option.) The winning bidder will have a total of 30 days from the date of our notification regarding the substitution to make his/her selection to either accept the substituted product as is or receive cash.  The date of our notification will be determined by any one of the following: (1) the date of our email notification to the winning bidder; (2) the date that we left a voice mail notification for the winning bidder; (3) the date the United States Postal Service provides as delivery verification of our written notification to the winning bidder's PayPal Confirmed Shipping Address; or (4) the date of any other means of contact we employ to notify the winning bidder of the substitution. The winning bidder must inform us in writing of his/her selection to either accept the substituted product as is or receive cash.  The winning bidder may inform us of his/her selection by email at AuctionServices@HiddenTreasureAuctions.com or by standard mail.  See the Auction Terms and Conditions section above titled "Contact Information" for our mailing address.  Selections by phone will not be accepted. If the winning bidder does not make a selection within the 30-day selection deadline, then Hidden Treasure Auctions will mail the substituted product to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service within approximately 48-72 hours following expiration of the 30-day selection deadline.  Note that this approximate 48-72 hour processing time excludes weekends and holidays. Example: You win an auction for the featured auction item -- a Nikon Coolpix S560.  The Auction details show that the Nikon has an MSRP of $199.99.  The Coolpix comes with three bonus items (an SD card, a tripod, and a camera case) worth approximately $23.  And the Coolpix is bundled with a 2-year protection plan worth approximately $60.  At the time the Auction closes, Hidden Treasure Auctions is unable to deliver the Coolpix to you because the item is no longer available to Hidden Treasure Auctions with a reasonable amount of effort and within a reasonable amount of time.  Hidden Treasure Auctions substitutes a comparable item (i.e., a product with the same or better features) of equal or greater value.  Hidden Treasure Auctions will contact you to notify you of the substitution.  You will have the right to: (1) Accept the substituted product as is; or (2) Receive cash equal to 100% of the MSRP posted in the Auction details for the Coolpix, which entitles you to a payment of $199.99.  (You are not entitled to payment for any of the bonus items or the bundled 2-year protection plan included in the Auction; those items are specifically excluded from the 100% MSRP cash option.) If the winning bidder elects to receive cash equal to 100% of the original featured auction item's MSRP, the winning bidder can choose to (a) have the payment sent to the winning bidder's PayPal account, (b) receive the payment via cashier's check or money order (made payable to the PayPal account holder), or (c) have the payment credited to the winning bidder's Bidding Account Balance. If the winning bidder chooses to have the payment sent to the winning bidder's PayPal account, the payment will be sent within approximately 48-72 hours following the winning bidder's selection of this cash option.  Note that this approximate 48-72 hour processing time excludes weekends and holidays.  (Please be advised that PayPal may assess a transaction fee for the winning bidder to receive this payment.  Premier and Business PayPal accounts are assessed a transaction fee for accepting all payment types; Personal PayPal accounts that accept credit or debit card payments are assessed a transaction fee.) If the winning bidder chooses to receive the payment via cashier's check or money order, the payment will be mailed to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service within approximately 48-72 hours following the winning bidder's selection of this cash option.  Note that this approximate 48-72 hour processing time excludes weekends and holidays. If the winning bidder chooses to have the payment credited to the winning bidder's Bidding Account Balance, the payment will be credited within approximately 48-72 hours following the winning bidder's selection of this cash option.  Note that this approximate 48-72 hour processing time excludes weekends and holidays. NOTE: You must comply with any conditions we place on your right to any payment.  Further, if you receive a payment that was not due you or was an incorrect overpayment to you, you understand that we may reverse the payment or seek return of the payment and you agree to cooperate with us in our efforts to do so. IMPORTANT: You are responsible for any taxes you may incur as a result of receiving a payment. PLEASE READ THIS CAREFULLY!  You understand and agree that in the event you are the winning bidder and Hidden Treasure Auctions must substitute a comparable product of equal or greater value for your auction item and you choose not to accept the substitution, your sole remedy is a payment equal to 100% of the MSRP posted in the Auction details for your original featured auction item. Equipment All Users shall be responsible for their own equipment and materials including maintaining all telephone, computer hardware, computer software, other equipment, and other software needed to access the www.HiddenTreasureAuctions.com website and to use our Auction service. Unauthorized Transactions You can inspect your transaction history at any time by logging in to your Auction Account on the Hidden Treasure Auctions website.  In the event of any unauthorized access to or use of your Auction Account by another person or entity not under your control and supervision, or in the event of any other breach or attempted breach of the security of your Auction Account or the Hidden Treasure Auctions website, you agree that you will immediately notify Hidden Treasure Auctions at AuctionServices@HiddenTreasureAuctions.com.  Further, you agree to promptly change your Password and take whatever other steps you deem helpful and necessary to secure your Auction Account.  Following notification by you of the security breach involving your Auction Account, we will suspend your Auction Account pending the results of our investigation. If you have reason to believe that an unauthorized bid has occurred on your Auction Account, you may contest the validity of a bid not submitted by you by contacting us at AuctionServices@HiddenTreasureAuctions.com to request an Unauthorized Transaction Report Form.  You must request the Unauthorized Transaction Report Form within 72 hours of the submission of the allegedly unauthorized bid.  You must complete the Unauthorized Transaction Report Form online within 48 hours after we send the Form to you via email.  You must also print a hard copy of the Unauthorized Transaction Report Form and have your signature notarized (i.e., sign and date the Form in front of a notary public).  Mail the Unauthorized Transaction Report Form via the United States Postal Service First-Class Mail to our address provided on the Form.  The hard copy of the Unauthorized Transaction Report Form must be postmarked no later than 10 business days following your completion of the online Form. If you do not report any allegedly unauthorized transactions within the stated time periods and if you do not comply with the reporting requirements, you may be liable for all allegedly unauthorized transactions on your Auction Account. In completing the Unauthorized Transaction Report Form, you will be required to attest to the fact that neither you, anyone authorized by you, nor anyone with your knowledge or consent received or will receive any benefit or value as a result of the submission of the allegedly unauthorized bid.  Please note that a bid made by a family member who has access to your Auction Account does not qualify as an unauthorized transaction. Once we receive both versions of your Unauthorized Transaction Report Form within the corresponding deadlines, Hidden Treasure Auctions will review the documents.  (Remember that the online version must be received by us within 48 hours after we send the Unauthorized Transaction Report Form to you via email; the hard copy version must be sent to us via the United States Postal Service First-Class Mail and must be postmarked no later than 10 business days following your completion of the online Form.)  We will advise you of the results of our investigation in writing within 10 business days after we receive both versions of your Unauthorized Transaction Report Form. Hidden Treasure Auctions reserves the right in our sole discretion to determine whether to cancel any allegedly unauthorized bid.  Note: Bids cannot be reinstated after they have been cancelled. If Hidden Treasure Auctions finds that the submission of an allegedly unauthorized bid was valid, we will not cancel the bid.  If, however, we find that the bid was unauthorized, we will cancel the bid.  For security reasons, we will also cancel your Auction Account.  You will be entitled to a credit for the Bid Fee incurred as a result of the unauthorized bid.  And you will be entitled to a refund of any balance remaining in your Bidding Account Balance (minus any Bonus Credits you may have received); see the Auction Terms and Conditions section above titled "Bidding Account" for additional refund information.  Hidden Treasure Auctions reserves the right in our sole discretion to determine whether you will be permitted to open a new Auction Account. WARNING: You understand and agree that if you execute and submit a fraudulent Unauthorized Transaction Report Form, you are responsible for any losses incurred by Hidden Treasure Auctions.  We reserve the right to institute legal proceedings against you to recover any and all damages that Hidden Treasure Auctions may suffer related to your failure to submit a valid Unauthorized Transaction Report Form that is free from any fraudulent activity.  You agree to pay Hidden Treasure Auctions for all collection fees, attorney's fees, court costs, and other expenses involved in collecting any damages hereunder. WARNING: The fraudulent submission of an Unauthorized Transaction Report Form constitutes mail fraud under the U.S. Mail Fraud Statute (Title 18, United States Code, Section 1341). WARNING: Abuse of this Unauthorized Transactions policy by you may result in a range of actions including Auction Account suspension, Auction Account cancellation, referral to law enforcement, etc. Indemnification You agree to defend, indemnify, and hold harmless Hidden Treasure Auctions, its employees, agents, licensees, affiliates, partners, or any third party providers from and against all liabilities, claims, actions, demands, damages, losses, and expenses including judgments, civil penalties, refund claims, reasonable attorney's fees, court costs, or lost business incurred by Hidden Treasure Auctions, its employees, agents, licensees, affiliates, partners, and/or any third party providers arising out of your use of our Hidden Treasure Auctions website, your failure to use our website, your breach or alleged breach of these Auction Terms and Conditions, or your breach of the copyright, trademark, proprietary, or other rights of third parties. Third-Party Websites To the extent our Hidden Treasure Auctions website may link you to other websites on the Internet or provide a link to other websites on the Internet, Hidden Treasure Auctions is not responsible for the accuracy, privacy policies, copyright and trademark compliance, legality, decency, or any other aspect of the content of those websites.  Hidden Treasure Auctions does not guarantee any offerings of third-party providers and is not liable for the failure of their products and services.  Hidden Treasure Auctions does not control or make any representation or warranty of any kind about the content, use of, or inability to use third-party websites, which may have different privacy policies and/or security standards governing their websites.  Links to third-party websites do not imply any endorsement of or association with such websites by Hidden Treasure Auctions. Bid Credit Coupon Rules A Bid Credit Coupon may be used one time only. A Bid Credit Coupon cannot be redeemed for cash. A Bid Credit Coupon is non-transferable and is not for resale or auction by the recipient. A lost or stolen bid credit coupon cannot be replaced once the coupon has been activated. Neither HiddenTreasureAuctions.com nor any of its affiliates are responsible for use of this coupon by anyone other than the recipient named on the coupon. HiddenTreasureAuctions.com reserves the right to limit quantities of Bid Credit Coupon sold to each customer. Void where prohibited. Assignment You may not transfer or assign any rights or obligations you have under this Agreement without the prior written consent of Hidden Treasure Auctions. Hidden Treasure Auctions reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Linking Hidden Treasure Auctions grants you a limited, fully revocable, nonexclusive, and nontransferable right to create a hyperlink to our Hidden Treasure Auctions website so long as the hyperlink does not portray Hidden Treasure Auctions (including its employees, agents, licensees, affiliates, partners, or any third party providers) or its services in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any Hidden Treasure Auctions proprietary graphic or trademark as part of the hyperlink without the prior express written consent of Hidden Treasure Auctions. Any hyperlink to our Hidden Treasure Auctions website shall not represent in any way that you have received the endorsement, sponsorship, or support of this website or Hidden Treasure Auctions, including its employees, agents, licensees, affiliates, partners, or any third party providers. Limited License Hidden Treasure Auctions grants you a limited, fully revocable, nonexclusive, and nontransferable license to make personal use only of our Auction website in strict accordance with these Auction Terms and Conditions.  Such grant does not include, without limitation: Any resale, transfer, trade, license, sublicense, leasing, renting, commercial use, or other use in any manner not expressly permitted herein of our Auction website or any of its content; Any decompilation, disassembly, reverse engineering, reverse compiling, reverse assembling, modification, alteration, editing, reformatting, translation, adaptation, conversion into human readable form, or otherwise discovering any of the intellectual, application, database, or directory information or other contents of our Auction website not intended to be so read, including the use of or directly viewing the underlying HTML, source code, or other executable code from our website except as interpreted and displayed in a web browser; Any duplicating, copying, cutting and pasting, imitating, mirroring, framing, displaying, collecting, compiling, downloading, reproducing, distributing, publishing, posting, broadcasting, publicly performing, or otherwise transmitting any of the intellectual, application, database, or directory information or other contents or materials of this Auction website including any Hidden Treasure Auctions trademarks or service marks in any form or by any means including but not limited to electronic, mechanical, photocopying, recording, or otherwise; Making, authorizing, or commissioning others to make any additions to, deletions from, or modifications to our Auction website or any of the contents of our website; Creating, authorizing, or commissioning others to create derivative works from concepts or code on our Auction website or any of the contents contained on our website; or Any use of specialized computer programs including but not limited to web robots, data miners, web wanderers, crawlers, scrapers, spiders, or any other automated or manual device, tools, techniques, process, or similar data gathering and extraction methods designed to directly or indirectly systematically download, retrieve, or copy the contents of this Auction website, to monitor or gather any data or any other information from our website, or to monitor or collect any data or any other information from or about any Users of our website. You agree not to make any false or fraudulent statements in your use of or to gain access to our Hidden Treasure Auctions website. You agree that: (1) you will not disturb, interfere with, or interrupt the operation of our Hidden Treasure Auctions website in any way; and (2) you will not attempt to disturb, interfere with, or interrupt the operation of our Hidden Treasure Auctions website in any way. You agree not to use our Hidden Treasure Auctions website in any manner that is pornographic, defamatory, disparaging, threatening, obscene, harassing, or otherwise unlawful. Nothing in these Auction Terms and Conditions or on our Hidden Treasure Auctions website shall be construed as granting you any other rights or privileges of any kind with respect to our Auction service or to any content. Any use of content or materials developed by Hidden Treasure Auctions for any purpose not expressly permitted in these Auction Terms and Conditions is prohibited. All rights not explicitly granted herein are expressly reserved by Hidden Treasure Auctions. Disqualification Hidden Treasure Auctions reserves the right in our sole discretion to temporarily or permanently disqualify a User or disable their account at any time, without notice, and for any reason. Hidden Treasure Auctions reserves the right to cancel a User's bids at any time, without notice, and for any violation of these Auction Terms and Conditions. You agree that you shall not create multiple User accounts, create User accounts by automated means, or create User accounts under false or fraudulent pretenses. You agree that you shall not impersonate other individuals or make false representations.  You agree that you shall not create User Names for your Auction Account that impersonate other individuals or make false representations. You agree that you shall not use profanity, particularly in the creation of a Username for your Auction Account.  You agree that you shall not deliberately alter words with the intent of bypassing our profanity filter. You agree that you shall not use our Auction website for any fraudulent or inappropriate purpose. You agree to participate fairly and honestly in our Auctions.  You agree that you shall not under any circumstances disclose the details of your bids to any other person before the close of the Auction.  Specifically, you agree that you shall not collude or enter into any arrangement of any kind with any other User. You agree that you shall not manipulate or attempt to manipulate our Hidden Treasure Auctionss in any way.  All activity in relation to our Auctions must be conducted by an individual User and must not be computer generated.  Use of third-party bidding software and any other computer-generated activity will be deemed invalid, and any purported bids under such circumstances will be cancelled. Violation of any of the following may result in the immediate cancellation of your Auction Account and may subject you to civil and criminal penalties and damages: Use of our Auction website in violation of these Auction Terms and Conditions; Use of our Auction website in violation of applicable local, state, national, and international rules, regulations, and laws; Use of our Auction website to upload, transmit, or otherwise distribute any content that is unlawful, infringing of intellectual property rights, defamatory, harassing, abusive, disrespectful, fraudulent, obscene, pornographic, contains viruses, or is otherwise objectionable; or Use of our Auction website to intentionally distribute harmful code including spyware or malware or engage in a denial of service attack on our website or its Users. The above is a non-exclusive list and is in no way intended to be limited to the violations listed.  The violations named above are listed by way of example only. You understand that when, in the reasonable opinion of Hidden Treasure Auctions, you have violated any laws or abused your Auction Account to the detriment of other Users, to the detriment of third parties, or to the detriment of Hidden Treasure Auctions, we shall pursue such civil and criminal penalties and damages to the full extent of the law to protect our rights, the rights of other Users, and the rights of third parties.  Any abuse of your Auction Account shall result in the immediate cancellation of your Auction Account and, if applicable, the reporting of a crime. In case of a breach of these Auction Terms and Conditions by you, Hidden Treasure Auctions reserves the right to withhold the delivery of auction items to you in the event you are deemed a winning bidder.  Additionally, in case of a breach of these Auction Terms and Conditions by you, Hidden Treasure Auctions reserves the right to withhold refunds requested by you from your Bidding Account. Hidden Treasure Auctions reserves the right, but shall have no obligation, to investigate your use of this Auction website: (a) in order to determine whether a violation of these Auction Terms and Conditions has occurred; and (b) to comply with any applicable rule, regulation, law, legal process, or governmental request. Non-Performance You expressly absolve and release Hidden Treasure Auctions, its employees, agents, licensees, affiliates, partners, or any third party providers from liability for delays or any failure in performance under these Auction Terms and Conditions where performance is made commercially impracticable due to events or circumstances beyond our control, provided that we take all reasonable steps under the circumstances to mitigate the effects of the event or circumstance causing the non-performance.  Such delays or any failure in performance shall not be deemed a breach of this Agreement. Hidden Treasure Auctions, its employees, agents, licensees, affiliates, partners, or any third party providers will not be responsible for any losses, claims, damages, harms, suits, or expenses (including any and all legal expenses) that are suffered through the use of our website and result from a cause beyond our control including, but not limited to: the failure of any server hardware or software to operate or function properly; the failure of electronic or mechanical equipment or communication lines; the inability to link to, access, conduct business, or confirm transactions on or through the www.HiddenTreasureAuctions.com website, whether caused by server hardware or software failure or caused by any Internet Service Provider or other third party; operator errors; computer viruses; unforeseen corruption of data; unauthorized access; interference by a third party; theft; telephone or other interconnect problems; interruption of power supplies; delay of a common carrier; the inability to obtain sufficient sources of materials, supplies, labor, transportation, or other essential commodities/services required in the conduct of our business; the lack of availability of any product or service advertised or promoted on the www.HiddenTreasureAuctions.com website; disruption or failure of the public markets; lockouts, strikes, industrial disputes, other labor problems/controversies, or threats thereof; riots; insurrection; civil disturbance or commotion; boycotts; storms or other severe weather, earthquakes, floods, fires, or other casualty or natural disasters; accidents; explosions; epidemics; acts of God; wars or armed conflicts, whether or not officially declared; terrorism or terrorist attacks; sabotage; acts of a public enemy; governmental restrictions or other acts of federal, state, or local governmental authorities; embargoes; any change in or the adoption of any laws, ordinances, rules, regulations, or government agency/court orders, judgments, or decrees binding on us; or any other cause beyond our reasonable control.  If any such contingency shall last for more than sixty (60) days, Hidden Treasure Auctions shall have the right to terminate this Auction service by giving notice, with no further liability to any User. Arbitration Prior to litigating any dispute arising out of this Agreement, you agree to mediate and/or arbitrate said dispute through the dispute resolution program offered by the Denver/Boulder Better Business Bureau (BBB).  By agreeing to submit any dispute arising out of this Agreement, you agree that no dispute shall be submitted to arbitration prior to the exhaustion of informal grievance procedures traditionally used by the BBB.  You further understand that the arbitrator's decision is legally binding on all parties involved in the dispute. Forum and Governing Law Except as described in the above Auction Terms and Conditions section titled "Arbitration," you and Hidden Treasure Auctions expressly agree to submit to the exclusive jurisdiction of, and venue in, the state or federal courts of the State of Colorado in the event of any controversy, dispute, claim, or action arising out of or in connection with your use of our Hidden Treasure Auctions website, any Auction, or these Auction Terms and Conditions.  You expressly agree to submit to the exercise of personal jurisdiction over you by the state or federal courts of the State of Colorado for the purpose of litigating any such controversy, dispute, claim, or action.  These Auction Terms and Conditions and each Auction shall in all respects be governed by, construed in accordance with, and enforced under the substantive and procedural laws of the State of Colorado, without regard to its conflict of laws provisions. International Use Hidden Treasure Auctions does not represent that the content on this website is available for use or is appropriate in locations outside the United States.  Therefore, accessing this website from locations where the content is illegal is prohibited.  To the extent you access our Hidden Treasure Auctions website from such locations, you do so at your own risk and are solely responsible for compliance with local laws. Non-Waiver Clause The failure of Hidden Treasure Auctions to exercise any rights or enforce any provisions arising from these Auction Terms and Conditions, from a violation of these Auction Terms and Conditions, or from your use of our Hidden Treasure Auctions website shall not constitute a waiver of our right to enforce any such provisions or exercise any such rights in the future or to demand exact compliance therewith.  Our failure to act with respect to any breach of any provision of these Auction Terms and Conditions by you or others will not constitute a waiver of our right to act with respect to any prior, concurrent, subsequent, or similar breaches of these Auction Terms and Conditions. Severability Clause In the event any provision or paragraph of these Auction Terms and Conditions, the instruments and documents referred to herein, or any amendment(s) thereto are, for any reason, found by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, such provision shall be of no force or effect in that jurisdiction but the remaining provisions and paragraphs shall remain valid and continue in full force and effect.  You and Hidden Treasure Auctions agree to negotiate in good faith to replace the invalid provision with a legal, valid, enforceable provision that most closely approximates the intent and economic effect of the invalid provision.  Absent an agreement between the parties to replace the invalid provision, the court shall construe the invalid provision in a manner consistent with applicable law to reflect as nearly as possible the original intention of the parties. Termination Hidden Treasure Auctions reserves the right, in our sole discretion, to block or terminate your access to all or part of our Hidden Treasure Auctions website, with or without notice. Hidden Treasure Auctions also reserves the right, in our sole discretion, to immediately terminate this Agreement with you at any time, for any unlawful activity, with or without notice.  Hidden Treasure Auctions will cooperate with all law enforcement inquiries.  Therefore, we will provide upon request from local, state, and federal law enforcement officials your Username, first and last name, address information, phone number, email address and other Auction Account information. If we block or terminate your access to our Hidden Treasure Auctions website or terminate this Agreement with you, we will send you a written "Notice of Termination" via the United States Postal Service First-Class Mail or via email.  If you provided false contact information at the time you registered with our Auction service, or if you failed to keep your contact information accurate and up-to-date in your Account Profile, then notification of the termination will not be sent to you. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT ALL PRODUCTS, SERVICES, MATERIALS, DOCUMENTS, INFORMATION, DATA, SOFTWARE, FUNCTIONS AND OTHER CONTENT (COLLECTIVELY, THE "CONTENT") INCLUDED IN OR AVAILABLE THROUGH OUR HIDDEN TREASURE AUCTIONS WEBSITE ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL USE.  ALTHOUGH WE USE REASONABLE EFFORTS TO MAINTAIN THE ACCURACY AND COMPLETENESS OF THE CONTENT ON OUR WEBSITE, WE DO NOT, HOWEVER, MAKE ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO ITS ACCURACY, COMPLETENESS, OR ADEQUACY.  ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT, HOWEVER, MAKE ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE CONTENT ON OUR WEBSITE DOES NOT CONTAIN SUCH DESTRUCTIVE FEATURES.  YOU EXPRESSLY AGREE THAT YOU USE THE HIDDEN TREASURE AUCTIONS WEBSITE AND CONTENT AT YOUR OWN RISK.  IF YOU ARE DISSATISFIED WITH OUR HIDDEN TREASURE AUCTIONS WEBSITE, ANY CONTENT ON OUR WEBSITE, OR WITH THESE AUCTION TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR HIDDEN TREASURE AUCTIONS WEBSITE AND CONTENT.  BY YOUR USE OF THE HIDDEN TREASURE AUCTIONS WEBSITE AND CONTENT, YOU ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITE AND CONTENT IS AT YOUR OWN RISK. HIDDEN TREASURE AUCTIONS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT: THE WEBSITE WILL BE AVAILABLE AT ALL TIMES FOR CONTINUOUS, UNINTERRUPTED ACCESS TO ANY PART OF OUR SERVICES; THE CONTENT WILL BE AVAILABLE ON THE WEBSITE AT ANY SPECIFIC TIME OR LOCATION; THE WEBSITE IS TIMELY AND FREE OF DELAYS; THE OPERATION OF OUR WEBSITE WILL NOT BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL; THE CONTENT WILL MEET YOUR NEEDS OR REQUIREMENTS, OR IS OF A CERTAIN QUALITY; THE CONTENT OF OUR WEBSITE OR ANY WEBSITES LINKED TO OUR WEBSITE IS ACCURATE, CORRECT, ERROR-FREE, MISTAKE-FREE, RELIABLE, OR COMPLETE; ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE CONTENT IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS; THE WEBSITE IS SECURE; OR YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE WEBSITE.  NO ADVICE OR INFORMATION AVAILABLE ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT STATED IN THE AUCTION TERMS AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIDDEN TREASURE AUCTIONS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND AS TO OUR WEBSITE SERVICES, THE OPERATION AND PERFORMANCE OF OUR WEBSITE, THE CONTENT INCLUDED ON OUR WEBSITE, AND YOUR USE THEREOF, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE, OR PERFORMANCE.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL HIDDEN TREASURE AUCTIONS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, MISUSE OF, RELIANCE ON, OR INABILITY TO USE: ANY ASPECT OF OUR WEBSITE (INCLUDING CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OUR WEBSITE, AND ANY CLAIM RELATED TO THESE AUCTION TERMS AND CONDITIONS); ANY SERVICES PROVIDED OR TO BE PROVIDED THROUGH OUR WEBSITE; ANY TRANSACTIONS YOU ENTER INTO THROUGH CONTENT CONTAINED WITHIN ANY PART OF OUR WEBSITE; OR ANY GOODS OR SERVICES YOU OBTAIN FROM OUR AUCTION WEBSITE.  THE MERCHANTS OF ANY GOODS OR SERVICES YOU OBTAIN FROM OUR AUCTION WEBSITE SHALL BE SOLELY LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THOSE GOODS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON AN ACTION IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO WARRANTY, NEGLIGENCE, OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF HIDDEN TREASURE AUCTIONS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBILE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THEREFORE, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN ANY JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO ANY AND ALL CLAIMS, ACTIONS, SUITS, EXPENSES (INCLUDING ANY AND ALL LEGAL EXPENSES), LOSSES, LIABILITIES, PERSONAL INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, CAUSED BY ANY FAILURE OF PERFORMACE INCLUDING BUT NOT LIMITED TO THE FOLLOWING, WHETHER OR NOT SUCH FAILURE IS THE FAULT OF HIDDEN TREASURE AUCTIONS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDFERS: THOSE THAT RESULT FROM ANY ACT OF GOD; MISTAKES; ERRORS OR OMISSIONS IN ANY INFORMATION; INTERRUPTION OF OUR SERVICES; SUSPENSION OF OUR SERVICES; TERMINATION OF OUR SERVICES; TECHNICAL PROBLEMS; DELAY, INTERRUPTION, OR CESSATION IN OPERATION OR TRANSMISSION TO OR FROM OUR WEBSITE; MECHANICAL OR ELECTRICAL EQUIPMENT FAILURE; SYSTEM MALFUNCTION OR FAILURE; UTILITY FAILURE; COMMUNICATION LINES FAILURE; TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER); DELETION OF FILES OR EMAIL; DEFECTS; SOFTWARE BUGS, COMPUTER VIRUSES, TROJAN HORSES, ANY DISABLING DEVICES, OR THE LIKE THAT MAY INFECT YOUR EQUIPMENT, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; SABOTAGE; ACCIDENT; CASUALTY; THEFT; BODILY INJURY; PROPERTY DAMAGE; DESTRUCTION; OPERATOR ERRORS; STRIKES OR OTHER LABOR PROBLEMS; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; OR UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR RECORDS, PROGRAMS, OR SERVICES.  NEITHER HIDDEN TREASURE AUCTIONS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, NOR ANY THIRD PARTY PROVIDERS WILL BE HELD LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY USERS OF OUR AUCTION WEBSITE, OR BY THIRD PARTIES; THE RISK OF DAMAGE, LOSS, INJURY, OR LIABILITY FROM THE FOREGOING RESTS ENTIRELY WITH EACH AUCTION WEBSITE USER. NOTWITHSTANDING THE ABOVE, IN THE EVENT THAT HIDDEN TREASURE AUCTIONS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS ARE FOUND LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY MATTER ARISING OUT OF OR RELATED TO THE USE OF OUR WEBSITE, THE AMOUNT OF DAMAGES RECOVERABLE IS LIMITED.  OUR SOLE OBLIGATION AND LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED, AT OUR OPTION, TO A REFUND/CREDIT TO YOUR BIDDING ACCOUNT BALANCE EQUAL TO THE AMOUNT OF BID FEES YOU INCURRED TO SUBMIT YOUR BIDS.  IN NO EVENT SHALL WE BE LIABLE FOR AN AMOUNT THAT EXCEEDS THE AMOUNT OF BID FEES YOU ACTUALLY INCURRED PURSUANT TO THE USE OF OUR WEBSITE TO SUBMIT YOUR BIDS.  THE FOREGOING REMEDY SHALL BE SUBJECT TO YOUR WRITTEN NOTIFICATION OF AN UNAUTHORIZED BID ON YOUR AUCTION ACCOUNT AND YOUR RETURN OF AN UNAUTHORIZED TRANSACTION REPORT FORM ONLINE AND VIA THE UNITED STATES POSTAL SERVICE FIRST-CLASS MAIL WITHIN THE TIME PERIODS STATED IN THE ABOVE AUCTION TERMS AND CONDITIONS SECTION TITLED "UNAUTHORIZED TRANSACTIONS." IF ANY PART OF THE FOREGOING LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HIDDEN TREASURE AUCTIONS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00). Integration Clause These Auction Terms and Conditions and the instruments and documents referred to herein set forth the entire understanding and Agreement between you and Hidden Treasure Auctions with respect to our Highest Unique Bid Auction service.  No secondary oral agreements exist.  Any amendments to these Auction Terms and Conditions must be in writing in order to be valid.

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