User Agreement 

THE FOLLOWING DESCRIBES THE TERMS ON WHICH J&M COLLECTIBLE AUCTIONS LTD. (J&M), DBA J&M AUCTIONS, OFFERS YOU ACCESS TO OUR SERVICES. 


Welcome to the User Agreement for the J&M Auction Website (the "Agreement"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain collectible-trade.com and subdomains of www.jandm.com (the "Site") and the general principles for the websites of our parent, subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services. 

If you have any questions please refer to our online Help page at (http://www.collectible-trade.com/help.htm). 

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of J&M Auctions. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an J&M user. Please note that underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other J&M websites will be governed by the user agreement and privacy policies posted on those websites.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and J&M. This agreement is effective upon acceptance of registration for new registering users and is otherwise effective on January 1, 2006. 

1. Fees and Services. 

Joining and bidding on items at J&M is free. We do charge fees for listing items for sale through our website and when you list an item you have an opportunity to review and accept the fees that you will be charged. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. 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 United States of America Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. Certain taxes and government charges may be payable in relation to the purchase transaction. We accept no responsibility for such taxes and other government charges on transactions on the Site. 

2. Bidding and Buying. 

As a buyer, you are obligated to complete the transaction with the seller: (i) if you purchased the item through one of our fixed price formats; or (ii) if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description by the seller so long as those conditions of sale are not in violation of this Agreement or otherwise unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, or a clear typographical error is made. 

3. Your Information. 

3.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. 

3.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than www.auctions.jandm.com (this does not prevent linking to or advertising a J&M item from another web site); or (dd) you do not have a right to link to or include. 

3.3 License. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-license-able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. You also waive all moral rights you have in such information. We will only use Your Information in accordance with our Privacy Policy. 

4. www.collectible-trade.com is a Venue. 

4.1 J&M is not an Auctioneer. Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to offer, sell, and buy coins, tokens, banknotes, watches, jewellery, stamps, and related items at anytime, from anywhere, in a variety of pricing formats including a fixed priced format and an auction-style format commonly referred to as "online auctions" or "auctions." We are not directly involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised or the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. However, our policy is that we will exercise our best efforts to make certain that anyone who fails to complete a transaction will never be allowed to buy or sell on the J&M Auction website again. 

4.2 Fixed Price Marketplace. We also offer you the availability to purchase items at a fixed price from the J&M commercial website at www.jandm.com. 

4.3 Identity Verification. We use many techniques to verify the accuracy of the information and identity our users provide us when they register to sell on the Site. However, because user authentication on the Internet is difficult, J&M cannot and does not confirm each bidder's purported identity. So you are assured of the integrity of all sellers you can review the level of detailed information we require sellers to provide by examining the application form at http://www.collectible-trade.com/auction-application.htm. 

4.4 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release J&M and J&M's officers, directors, agents 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. 

4.5 Information Control. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and J&M is not responsible for the acts or omissions of its users. Please report any such actions to info@collectible-trade.com as soon as possible as we will not tolerate this behavior. 

5. Membership Eligibility. 

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 19) or to temporarily or indefinitely suspended J&M members. If you are under the age of 19, you can use this Site only in conjunction with, and under the supervision of your parents or guardians.  If you do not qualify, please do not use the Site. Further, your J&M account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. 

6. Listing and Selling. 

6.1 Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. 

6.2 Binding Bids. Except for items listed in a category under the Non-binding Bid Policy, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. 

6.3 Fraud. Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site. 

6.4 Manipulation. Neither bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions. 

7. Privacy. 

We do not sell or rent your personal information to third parties and we only use your personal information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in Canada that are protected by physical as well as technical security devices. 

8. Access and Interference. 

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to J&M by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior express written permission of J&M and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.  

9. Breach. 

Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; or (b) if we are unable to verify or authenticate any information you provide to us. 

10. Liability Limit. 

IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE 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 PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND U$150. 

11. No Warranty. 

WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW. 

12.  Notices. 

Except as explicitly stated otherwise, any notices shall be given by registered mail to J&M Coin & Jewellery Ltd. at 127 East Broadway Avenue, Vancouver, BC, V5T 1W1, Canada. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to J&M during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 

13. Indemnity. 

You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 

14.  Legal Compliance. 

You shall comply with all applicable 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. 

15.  Resolution of Disputes. 

In the event a dispute arises between a buyer and a seller, the issue should be directly resolved by the involved parties. If, however, a satisfactory resolution cannot be achieved then the matter is to be submitted directly to J&M for arbitration. J&M may, in its sole discretion, elect to conduct the arbitration by telephone, on-line and/or solely upon written submissions. The out of pocket expenses incurred by J&M in the arbitration shall be borne by the unsuccessful party. Auctions.jandm.com is intended only for honest, sincere professionals of the collectible hobbies and we will not tolerate any dishonest or misleading behavior. Accordingly, if one party fails to abide by the terms of the arbitration award we will use our best efforts to have that party banned from further use of the Site. All parties agree that the decision of J&M in the arbitration shall be final and binding and there shall be no appeal therefrom. 

16.  No Agency. 

You and J&M are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. 

17.  Disclosures.

The services hereunder are offered by J&M Coin & Jewellery Ltd. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. J&M is not affiliated with safetysurf.com.

Disputes between you and J&M regarding our Site may be reported to Customer Support by emailing us at info@collectible-trade.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

18.  General. 

This Agreement shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein and the Courts of British Columbia shall have exclusive jurisdiction. 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. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by J&M in accordance with Section 12 "Notices", in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 1 (Fees and Services) with respect to fees owed for our services, 3.3 (License), 4.4 (Release), 8 (Access and Interference), 10 (Liability Limit), 11 (No Warranty), 13 (Indemnity) and 15 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

19.  Contracts in English.

It is the express wish of the parties that this document and any related documents be drawn up and executed in English.