MJcollector23
Bench Warmer
Just got home from work and browser cant find the page. Tried typing and link from favorites that always works. Says domain name is not active.
New Beckett Site: READ THIS PLEASE
- Thread starter MJcollector23
- Start date
tigsfan
Bench Warmer
I am starting a boycott of Beckett because of these rediculous rules they are putting on trading. I'll highlight the main two, but have included the Beckett TOS just for good measure.
1) You must be 18 before you can trade/sell on Beckett (this means I'm not even allowed to trade!)
2) There will be a fee for trading/selling of $6 a month, etc...
Please show this to any on-line card traders that you know. We must stop beckett before people think this is OK!
-tigsfan
Trade Terms of Service Agreement
Welcome to the Beckett Media, LP website ("Beckett.com"). Any person who wants to access Beckett.com and use the Trade services provided on the website must accept the terms and conditions of this Trade Terms of Service Agreement ("Agreement") without change. By using the Services of Beckett.com, you ("Member") agree to be bound by all terms and conditions of this Agreement and all other Terms of Service, policies, and guidelines incorporated by reference.
Beckett Media, LP, (herein "Beckett"), the owner of Beckett.com, reserves the right to change any of the terms and conditions contained in this Agreement or any other Terms of Service Agreements, policies or guidelines governing Beckett.com or its Services, at any time and at its sole discretion. Any changes may be made without notice and will be effective upon posting of the revisions on Beckett.com. Members are encouraged to review the Agreement from time to time for any possible changes. Continued use of Beckett.com will constitute acceptance of such changes or modifications. Members should discontinue use of Beckett.com if they do not agree to any changes to this Agreement.
Trade on Beckett.com refers to the opportunity to buy, sell, or trade sports cards or other items with other Beckett.com Members.
1. Eligibility:
Use of Beckett.com and its Services is limited to parties that can lawfully enter into and form contracts under applicable law.
a. To use the Trade services, Member must register on Beckett.com and be at least 18 years of age
b. To register on Beckett.com Member must be at least 13 years of age.
All required fields must contain true, accurate, current and complete information to register. If Beckett believes that untrue, inaccurate, outdated, or incomplete information has been provided, at their sole discretion, they may suspend the account without notice.
All Members are responsible for maintaining and updating their Beckett.com personal contact information, including, but not limited to information in Account Tools: Basics and Trade Settings. Please review our Privacy Policy and Statement for information about how personal information is used.
2.Trade Fees:
Membership on Beckett.com is free. A fee is required to participate in and use the Trade services (trading or selling items) available through Beckett.com.
Fees vary by transaction type.
a. Trade: Identified as a transaction in which each Member participating in the trade includes at least one (1) item on their side of the offer. A $6.00 monthly subscription fee, converted to points, will be charged upon Member's first trade and will automatically renew each month until the Member cancels it.
b. Sale: Identified as a transaction in which a Member ("seller") offers one (1) or more items in exchange for a specified dollar amount without any additional item(s) from another Member. A 3.5% fee will be applied to the dollar value of the Total Asking Price and is paid by the seller of the item(s). The fee will be converted into points and charged to the seller upon acceptance of the transaction. This fee is non-renewing and applies on a pay-per-use basis.
All applicable fees are paid for using points which are purchased through Beckett.com upon demand on a Visa, MasterCard, American Express, or Discover credit or debit card.
A valid credit card must be on file to use the Trade services and may be entered through the Account Tools Credit Card tab. When utilizing Services on Beckett.com in which a fee may be charged, Member authorizes Beckett to charge the credit or debit card on file for any fees due.
Fees are subject to change with or without notice and the most up-to-date fee information is available in the Beckett.com Help Section. All dollar values are listed in U.S. dollars unless otherwise stated.
No fees will be refunded upon account suspension, Member termination of transactions, or any other terminations of Trade services.
3. How Fees are Processed:
Points are the currency on Beckett.com and are used to purchase Pricing Subscriptions as well as pay the fees for any trade/sale of items on the website. Points are sold in bundles, meaning Members will be charged for a specified number of points anytime they do not have enough points in their account to cover the transaction. The points are automatically purchased and added to the Member's account when a credit card is on file.
Anytime points are purchased, the lowest bundle available that will cover the point requirements will be purchased (see Available Point Bundles below). The exception to this policy is when the Member is completing a trade or sale transaction for the first time and do not yet have a credit card on file. The system will request that a valid credit card be entered and a bundle of 1000 points will be added to the account.
AVAILABLE POINT BUNDLES:
500 points (US $ 6.00)
1,000 points (US $ 12.00)
1,275 points (US $ 15.30)
2,000 points (US $ 24.00)
2,550 points (US $ 30.60)
4,500 points (US $ 54.00)
10,200 points (US $122.40)
18,000 points (US $216.00)
Points purchased can be used universally on Beckett.com for Pricing Subscriptions, Trade, or any other activity on the site that requires points. Purchased points are non-refundable.
4. Restrictions:
Beckett offers a vehicle for third-party Members to complete buy, sell, or trade transactions. Beckett is not involved in the actual transaction and is not the agent of and has no authority for either for any purpose. Members may not list or describe any item, link or post any related materials, or purchase any item that is or is alleged to be
a. an infringement of any third-party intellectual property rights (including copyrights, trademarks, patents, trade secrets), or other proprietary rights (including rights of publicity, privacy, moral rights);
b. counterfeited, illegal, stolen, or fraudulent;
c. pornographic, derogatory, offensive or insensitive to any user's religious beliefs, national origin, race or gender, or
d. not lawful to offer for sale. It is up to the Member listing the item to accurately describe the item for sale or trade. Beckett cannot and does not know whether any listing is accurate, complete, misleading or deceptive or if the Member will perform as promised. As a Member, use of Beckett.com and the Trade services are at your own risk. Always take due care in entering into any agreement with another Member.
Beckett recommends the use of delivery confirmation for proof of delivery.
5. Transactions:
Upon completion of a transaction, whether a trade or a sale transaction type, the Members are obligated to provide the item(s) or payment according to the agreed upon terms. By presenting an offer and completing a transaction, each Member represents and warrants that they have the right and ability to sell or otherwise deliver the item(s), and that, to the best of their ability, the listing is accurate, current, and complete and is not misleading or otherwise deceptive. If for any reason an item is no longer available, the seller must notify the buyer and promptly refund or return any payment or item(s) received.
6. Member Obligation:
By entering into this Terms of Service Agreement and offering an item for sale or trade, Member agrees to complete the transaction as described by this Terms of Service Agreement. Member acknowledges that by not fulfilling these obligations, the action or inaction may be legally actionable.
7. Sales, Use, or Similar Taxes:
It is the seller's responsibility to determine whether sales, use, or similar taxes apply and to collect, report, and remit the correct tax to the appropriate tax authority. Beckett is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction and Member agrees to indemnify and hold Beckett harmless from any claims for such taxes.
1) You must be 18 before you can trade/sell on Beckett (this means I'm not even allowed to trade!)
2) There will be a fee for trading/selling of $6 a month, etc...
Please show this to any on-line card traders that you know. We must stop beckett before people think this is OK!
-tigsfan
Trade Terms of Service Agreement
Welcome to the Beckett Media, LP website ("Beckett.com"). Any person who wants to access Beckett.com and use the Trade services provided on the website must accept the terms and conditions of this Trade Terms of Service Agreement ("Agreement") without change. By using the Services of Beckett.com, you ("Member") agree to be bound by all terms and conditions of this Agreement and all other Terms of Service, policies, and guidelines incorporated by reference.
Beckett Media, LP, (herein "Beckett"), the owner of Beckett.com, reserves the right to change any of the terms and conditions contained in this Agreement or any other Terms of Service Agreements, policies or guidelines governing Beckett.com or its Services, at any time and at its sole discretion. Any changes may be made without notice and will be effective upon posting of the revisions on Beckett.com. Members are encouraged to review the Agreement from time to time for any possible changes. Continued use of Beckett.com will constitute acceptance of such changes or modifications. Members should discontinue use of Beckett.com if they do not agree to any changes to this Agreement.
Trade on Beckett.com refers to the opportunity to buy, sell, or trade sports cards or other items with other Beckett.com Members.
1. Eligibility:
Use of Beckett.com and its Services is limited to parties that can lawfully enter into and form contracts under applicable law.
a. To use the Trade services, Member must register on Beckett.com and be at least 18 years of age
b. To register on Beckett.com Member must be at least 13 years of age.
All required fields must contain true, accurate, current and complete information to register. If Beckett believes that untrue, inaccurate, outdated, or incomplete information has been provided, at their sole discretion, they may suspend the account without notice.
All Members are responsible for maintaining and updating their Beckett.com personal contact information, including, but not limited to information in Account Tools: Basics and Trade Settings. Please review our Privacy Policy and Statement for information about how personal information is used.
2.Trade Fees:
Membership on Beckett.com is free. A fee is required to participate in and use the Trade services (trading or selling items) available through Beckett.com.
Fees vary by transaction type.
a. Trade: Identified as a transaction in which each Member participating in the trade includes at least one (1) item on their side of the offer. A $6.00 monthly subscription fee, converted to points, will be charged upon Member's first trade and will automatically renew each month until the Member cancels it.
b. Sale: Identified as a transaction in which a Member ("seller") offers one (1) or more items in exchange for a specified dollar amount without any additional item(s) from another Member. A 3.5% fee will be applied to the dollar value of the Total Asking Price and is paid by the seller of the item(s). The fee will be converted into points and charged to the seller upon acceptance of the transaction. This fee is non-renewing and applies on a pay-per-use basis.
All applicable fees are paid for using points which are purchased through Beckett.com upon demand on a Visa, MasterCard, American Express, or Discover credit or debit card.
A valid credit card must be on file to use the Trade services and may be entered through the Account Tools Credit Card tab. When utilizing Services on Beckett.com in which a fee may be charged, Member authorizes Beckett to charge the credit or debit card on file for any fees due.
Fees are subject to change with or without notice and the most up-to-date fee information is available in the Beckett.com Help Section. All dollar values are listed in U.S. dollars unless otherwise stated.
No fees will be refunded upon account suspension, Member termination of transactions, or any other terminations of Trade services.
3. How Fees are Processed:
Points are the currency on Beckett.com and are used to purchase Pricing Subscriptions as well as pay the fees for any trade/sale of items on the website. Points are sold in bundles, meaning Members will be charged for a specified number of points anytime they do not have enough points in their account to cover the transaction. The points are automatically purchased and added to the Member's account when a credit card is on file.
Anytime points are purchased, the lowest bundle available that will cover the point requirements will be purchased (see Available Point Bundles below). The exception to this policy is when the Member is completing a trade or sale transaction for the first time and do not yet have a credit card on file. The system will request that a valid credit card be entered and a bundle of 1000 points will be added to the account.
AVAILABLE POINT BUNDLES:
500 points (US $ 6.00)
1,000 points (US $ 12.00)
1,275 points (US $ 15.30)
2,000 points (US $ 24.00)
2,550 points (US $ 30.60)
4,500 points (US $ 54.00)
10,200 points (US $122.40)
18,000 points (US $216.00)
Points purchased can be used universally on Beckett.com for Pricing Subscriptions, Trade, or any other activity on the site that requires points. Purchased points are non-refundable.
4. Restrictions:
Beckett offers a vehicle for third-party Members to complete buy, sell, or trade transactions. Beckett is not involved in the actual transaction and is not the agent of and has no authority for either for any purpose. Members may not list or describe any item, link or post any related materials, or purchase any item that is or is alleged to be
a. an infringement of any third-party intellectual property rights (including copyrights, trademarks, patents, trade secrets), or other proprietary rights (including rights of publicity, privacy, moral rights);
b. counterfeited, illegal, stolen, or fraudulent;
c. pornographic, derogatory, offensive or insensitive to any user's religious beliefs, national origin, race or gender, or
d. not lawful to offer for sale. It is up to the Member listing the item to accurately describe the item for sale or trade. Beckett cannot and does not know whether any listing is accurate, complete, misleading or deceptive or if the Member will perform as promised. As a Member, use of Beckett.com and the Trade services are at your own risk. Always take due care in entering into any agreement with another Member.
Beckett recommends the use of delivery confirmation for proof of delivery.
5. Transactions:
Upon completion of a transaction, whether a trade or a sale transaction type, the Members are obligated to provide the item(s) or payment according to the agreed upon terms. By presenting an offer and completing a transaction, each Member represents and warrants that they have the right and ability to sell or otherwise deliver the item(s), and that, to the best of their ability, the listing is accurate, current, and complete and is not misleading or otherwise deceptive. If for any reason an item is no longer available, the seller must notify the buyer and promptly refund or return any payment or item(s) received.
6. Member Obligation:
By entering into this Terms of Service Agreement and offering an item for sale or trade, Member agrees to complete the transaction as described by this Terms of Service Agreement. Member acknowledges that by not fulfilling these obligations, the action or inaction may be legally actionable.
7. Sales, Use, or Similar Taxes:
It is the seller's responsibility to determine whether sales, use, or similar taxes apply and to collect, report, and remit the correct tax to the appropriate tax authority. Beckett is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction and Member agrees to indemnify and hold Beckett harmless from any claims for such taxes.
tigsfan
Bench Warmer
8. Deliveries and Returns:
Each Member in the transaction is responsible for establishing their own delivery and return policies, and assumes the risk of loss and title for such item(s) upon the delivery of the item(s) to the shipping carrier if an uninsured delivery option is chosen. Each Member agrees to hold Beckett Media LP harmless for any loss incurred by damage or non-delivery of goods.
A Member who receives and processes payment, whether check, money order, credit card, or other means of payment, is obligated to deliver the merchandise in the advertised grade at the advertised price in a timely manner.
All Members agree to binding third-party arbitration or mediation of disputes arising from the sale of merchandise through a transaction via Beckett.com.
9. Reservation of Rights:
a. Beckett reserves the right to immediately halt any transaction, prevent or restrict access to Beckett.com, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the policies and guidelines outlined in this Agreement.
b. Beckett reserves the right to identify at any time and from time to time particular goods or type of goods as inappropriate for participation on Beckett.com, and Member agrees not to attempt to post any such restricted goods on the site. Identification of inappropriate goods shall be in Beckett's sole discretion.
c. No reservation of rights hereunder by Beckett shall imply an obligation on the part of Beckett to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of Beckett's right to exercise same at a later date.
10. Investigation:
Beckett reserves the right, but assumes no obligation, to monitor any activity and content associated with Beckett.com. Beckett may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, denying access and/or removal of any materials from Beckett.com, including listings and bids. Beckett reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
11. Disclosure of Information:
Beckett reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Beckett's systems and customers, or to ensure the integrity and operation of Beckett's business and systems, Beckett may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP address and traffic information, usage history and posted content, and Member agrees to such access and disclosure by Beckett. Any personal information the Member chooses to disclose to another Member is at their sole risk.
12. Privacy Policy and Statement:
The Beckett.com Privacy Policy and Statement is available online for review at any time. Changes may be made by Beckett at any time and can be found at the link above. Check the Privacy Policy and Statement frequently for changes. Unless otherwise authorized or consented, information regarding other Members or customers that has been obtained through Beckett.com or disclosed by Beckett or its affiliates, may not be used except to enter into and complete transactions. The use of such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct is prohibited. Please note that when using Trade services on Beckett.com, some personally identifiable information may be displayed and may be viewed by potential buyers, sellers, or traders. This is information that the Member enters and agrees that it will be provided to the other Member upon completion of a transaction.
13. Copyright:
Beckett is the owner of Beckett.com and all pages therein. As a condition of joining Beckett.com, Member understands that the materials at this site are protected by United States Copyright Laws, and that any unauthorized reproduction, preparation of derivative works, distribution (whether by sale or other transfer of ownership, or by rental, lease or lending), or other display of the copyrighted work publicly, without the express written consent of Beckett Media LP is expressly prohibited, and that any violation could expose the user to both criminal and civil liability.
14. No Warranties:
Beckett.com and all Services available therein are provided on an "as is, where is" basis. Beckett makes no representations or warranties express, implied or otherwise, including but not limited to:
a. Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
b. Beckett.com or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
c. The information, content, materials, or products included on the site will be as represented by sellers or traders, available for sale, lawful to sell, or that sellers, buyers, or traders will perform as promised;
d. Any implied warranty arising from the course of dealing or usage of Trade services; and
e. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of Beckett
To the full extent permissible under applicable law, Beckett disclaims any and all such warranties.
15. General Release:
Beckett is not a seller or buyer of any goods posted for sale or trade in the Trade section of Beckett.com. All transactions are strictly between the Members involved in the transaction. In the event a dispute arises between one or more Members, each Member releases, and agrees to indemnify and hold Beckett (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.
16. Indemnity/Limitation of Liability:
a. Indemnity and Defense. You will defend, indemnify and hold harmless Beckett and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell or trade, any content you provide, the advertisement, offer, sale, trade, or return of any products you sell or trade, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or trade, or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through Beckett.com, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
b. Limitation of Liability: In no event shall Beckett be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this Terms of Service Agreement, even if Beckett has been advised of the possibility of same.
17. Applicable Law:
Beckett.com and the Services are arranged, sponsored, or managed by Beckett in the State of Texas, USA. The laws of the State of Texas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas and Member hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
18. Disputes:
Beckett is not involved in the actual transaction between the Members and is not the agent of either for any purpose, therefore Beckett will not be involved in resolving any disputes between participants related to or arising out of any transaction. Beckett urges the Members to cooperate with each other to resolve such disputes.
19. Termination:
Beckett, in its sole discretion, may terminate this Terms of Service Agreement, access to Beckett.com or its Services, or any current transactions immediately without notice for any reason.
Each Member in the transaction is responsible for establishing their own delivery and return policies, and assumes the risk of loss and title for such item(s) upon the delivery of the item(s) to the shipping carrier if an uninsured delivery option is chosen. Each Member agrees to hold Beckett Media LP harmless for any loss incurred by damage or non-delivery of goods.
A Member who receives and processes payment, whether check, money order, credit card, or other means of payment, is obligated to deliver the merchandise in the advertised grade at the advertised price in a timely manner.
All Members agree to binding third-party arbitration or mediation of disputes arising from the sale of merchandise through a transaction via Beckett.com.
9. Reservation of Rights:
a. Beckett reserves the right to immediately halt any transaction, prevent or restrict access to Beckett.com, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the policies and guidelines outlined in this Agreement.
b. Beckett reserves the right to identify at any time and from time to time particular goods or type of goods as inappropriate for participation on Beckett.com, and Member agrees not to attempt to post any such restricted goods on the site. Identification of inappropriate goods shall be in Beckett's sole discretion.
c. No reservation of rights hereunder by Beckett shall imply an obligation on the part of Beckett to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of Beckett's right to exercise same at a later date.
10. Investigation:
Beckett reserves the right, but assumes no obligation, to monitor any activity and content associated with Beckett.com. Beckett may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, denying access and/or removal of any materials from Beckett.com, including listings and bids. Beckett reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
11. Disclosure of Information:
Beckett reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Beckett's systems and customers, or to ensure the integrity and operation of Beckett's business and systems, Beckett may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP address and traffic information, usage history and posted content, and Member agrees to such access and disclosure by Beckett. Any personal information the Member chooses to disclose to another Member is at their sole risk.
12. Privacy Policy and Statement:
The Beckett.com Privacy Policy and Statement is available online for review at any time. Changes may be made by Beckett at any time and can be found at the link above. Check the Privacy Policy and Statement frequently for changes. Unless otherwise authorized or consented, information regarding other Members or customers that has been obtained through Beckett.com or disclosed by Beckett or its affiliates, may not be used except to enter into and complete transactions. The use of such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct is prohibited. Please note that when using Trade services on Beckett.com, some personally identifiable information may be displayed and may be viewed by potential buyers, sellers, or traders. This is information that the Member enters and agrees that it will be provided to the other Member upon completion of a transaction.
13. Copyright:
Beckett is the owner of Beckett.com and all pages therein. As a condition of joining Beckett.com, Member understands that the materials at this site are protected by United States Copyright Laws, and that any unauthorized reproduction, preparation of derivative works, distribution (whether by sale or other transfer of ownership, or by rental, lease or lending), or other display of the copyrighted work publicly, without the express written consent of Beckett Media LP is expressly prohibited, and that any violation could expose the user to both criminal and civil liability.
14. No Warranties:
Beckett.com and all Services available therein are provided on an "as is, where is" basis. Beckett makes no representations or warranties express, implied or otherwise, including but not limited to:
a. Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
b. Beckett.com or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
c. The information, content, materials, or products included on the site will be as represented by sellers or traders, available for sale, lawful to sell, or that sellers, buyers, or traders will perform as promised;
d. Any implied warranty arising from the course of dealing or usage of Trade services; and
e. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of Beckett
To the full extent permissible under applicable law, Beckett disclaims any and all such warranties.
15. General Release:
Beckett is not a seller or buyer of any goods posted for sale or trade in the Trade section of Beckett.com. All transactions are strictly between the Members involved in the transaction. In the event a dispute arises between one or more Members, each Member releases, and agrees to indemnify and hold Beckett (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.
16. Indemnity/Limitation of Liability:
a. Indemnity and Defense. You will defend, indemnify and hold harmless Beckett and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell or trade, any content you provide, the advertisement, offer, sale, trade, or return of any products you sell or trade, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or trade, or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through Beckett.com, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
b. Limitation of Liability: In no event shall Beckett be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this Terms of Service Agreement, even if Beckett has been advised of the possibility of same.
17. Applicable Law:
Beckett.com and the Services are arranged, sponsored, or managed by Beckett in the State of Texas, USA. The laws of the State of Texas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas and Member hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
18. Disputes:
Beckett is not involved in the actual transaction between the Members and is not the agent of either for any purpose, therefore Beckett will not be involved in resolving any disputes between participants related to or arising out of any transaction. Beckett urges the Members to cooperate with each other to resolve such disputes.
19. Termination:
Beckett, in its sole discretion, may terminate this Terms of Service Agreement, access to Beckett.com or its Services, or any current transactions immediately without notice for any reason.
tigsfan
Bench Warmer
20. General Provisions:
a. Entire Agreement. This Terms of Service Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Statement and Member Terms of Service Agreement, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
b. No Agency; Third-Party Beneficiary. Beckett is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Beckett, you, and relying buyers or sellers.
c. Severability. If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
d. No Waiver. We will not be considered to have waived any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Beckett's failure to enforce the strict performance of any provision of this Terms of Service Agreement will not constitute a waiver of Beckett's right to subsequently enforce such provision or any other provisions of this Terms of Service Agreement.
a. Entire Agreement. This Terms of Service Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Statement and Member Terms of Service Agreement, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
b. No Agency; Third-Party Beneficiary. Beckett is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Beckett, you, and relying buyers or sellers.
c. Severability. If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
d. No Waiver. We will not be considered to have waived any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Beckett's failure to enforce the strict performance of any provision of this Terms of Service Agreement will not constitute a waiver of Beckett's right to subsequently enforce such provision or any other provisions of this Terms of Service Agreement.
jtrinaldi
Bench Warmer
well if they cant help with disputes might as well file fraud on anyone you have a dispute with
GotGibson?
Bench Warmer
WOW. Not only do you have to be 18 but you have to pay to TRADE?!?!
Beckett will lose A LOT of poeple just because of that.
Beckett will lose A LOT of poeple just because of that.
Oilfan4evr
Bench Warmer
Wow, thats ridiculous! Bye bye Beckett.....hopefully most of the BMB will come here.
GotGibson?
Bench Warmer
Oilfan4evr said:
If they are smart they will.
Rudzud
Bench Warmer
Le sigh
natsfan
Bench Warmer
wow totally stupid of them they are going to lose all the members
OldAdmin
Bench Warmer
This is truly an unfortunate occurence. It is a sad day that you cannot trade on a site without getting charged. Especially when their are so many other ways of making cash on a site. I guess charging double for online and paper magazine, charging to sell, charging to advertise aren't enough.
NashFan13
I rule at life
I just tried it out and it is awful. There's only one page for ALL sports and it's almost impossible to find which one is which. I will not be on there anymore.
ac-n-mike
Bench Warmer
Insanity!
rndmhro
Molson Hero
Its almost communism, you cant have that many restrictions on trading, by the time the rules are enforced you would lose about 60% of your previous traders.
iLikePie
Bench Warmer
CRAZY! I'm not 18 yet but I have never been on Beckett that I know of anyway...this is stupid. GO FREAKS!!! lol
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