(Last updated 15:15 PDT September 20, 2001)
. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended eSnipe members. You must supply us with a valid email address through which we can contact you at any time.
Fees and Services
. We may in our sole discretion change some or all of our services at any time. Any such changes will be announced at least 14 days in advance. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
Risks Associated with Sniping
. We cannot guarantee that your bid will be executed on eBay or any auction service. Nor can we guarantee that once having placed a bid with us, that your bid can be edited or deleted. We may place your bid earlier or later than specified. Risks include but are not limited to our server or connection problems; connection problems with your Internet service provider while you are attempting to place, delete, or edit a bid; problems connecting to eBay servers; changes in eBay web pages or membership terms; changes to your password, user ID, or other user information on eBay that is not propagated to us; denial of service attacks on eSnipe, eBay, or your Internet service provider; or other conditions that may inhibit the placement, editing, deletion, or execution of bids.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release eSnipe (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Liability Limit and 30 Day Money-Back Guarantee
. In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 30 days prior to the action giving rise to liability, and (b) $100.
. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
. The following documents are incorporated by reference:
Our Frequently Asked Questions
. This Agreement shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Disputes between you and eSnipe regarding our services may be reported to Customer Support by contacting support@eSnipe.com