Subscription Agreement
INVALUABLE SUBSCRIPTION AGREEMENT READ CAREFULLY. THIS SUBSCRIPTION
AGREEMENT (THE "AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN
YOU ("YOU" AND "YOUR") AND INVALUABLE, LLC. ("INVALUABLE",
"WE", "US", OR "OUR"). BY CLICKING THE
"PROCESS TRANSACTION" BUTTON YOU ARE INDICATING THAT YOU HAVE READ
THIS SUBSCRIPTION AGREEMENT (THE "SUBSCRIPTION AGREEMENT"), THAT
YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND
CONDITIONS. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH
RESPECT TO YOUR SUBSCRIPTION TO THE INVALUABLE SUBSCRIPTION SERVICE(S) THAT
YOU HAVE SELECTED (THE "SUBSCRIPTION SERVICE(S)"). IF YOU DO NOT
AGREE TO THE TERMS OF THIS SUBSCRIPTION AGREEMENT, YOU SHOULD STOP THE
SUBSCRIPTION REGISTRATION PROCESS. This Agreement is in addition to,
and not in lieu of, the Invaluable Terms of Use Agreement to which you agree
when you initially use the Site (as defined in the Terms of Use Agreement).
By clicking the "Process Transaction" button, you not only agree to
the terms set forth herein, but you reaffirm your consent to the Terms of Use
Agreement. The Terms of Use Agreement is hereby incorporated by reference
hereto and made a part of this Subscription Agreement. For purposes of this
Agreement, "Activation Date" means, for each specific Subscription
Service (as defined below) to which you have elected to subscribe, the date
on which Invaluable first activates such Subscription Service. 1. ENROLLMENT IN THE SUBSCRIPTION
SERVICES You may purchase a subscription to
one or more of the following services (each, a "Subscription
Service"): "Invaluable Basic": a
subscription-based information service for single user ("Invaluable
Basic Subscribers") that provides instant, unlimited access to a
database of recent past (defined as occurring during the latest twelve
months) traditional antiques and art auction sale results, allows them to
email others selected traditional antiques and art auction database records,
and contact selected traditional antiques and art auctioneers to request more
information about upcoming antiques and art auction items. "Invaluable Premium": a
subscription-based information service for single user ("Invaluable
Premium Subscribers") that provides instant, unlimited access to a
database of the last five years traditional antiques and art auction sale
results, allows them to email others selected traditional antiques and art
auction database records, and contact selected traditional antiques and art
auctioneers to request more information about upcoming antiques and art
auction items. "Invaluable
Professional": a subscription-based information service for a single
user ("Invaluable Professional Subscribers"; and when used in
combination with Invaluable Basic Subscribers or Invaluable Premium
Subscribers, "Subscribers") that provides instant, unlimited access
to a database of past traditional antiques and art auction sale results,
allows them to email others selected traditional antiques and art auction
database records, and contact selected traditional antiques and art
auctioneers to request more information about upcoming antiques and art
auction. "Invaluable
Institutional": a subscription-based information service for a single
user or multiple users via IP Recognition and the purchase of multiple
“seats”, that provides instant, unlimited access to a database of past
traditional antiques and art auction sale results, allows them to email
others selected traditional antiques and art auctioneers to request more
information about upcoming antiques and art auction items. "Invaluable Fine Art": a
subscription-based online information service for single user ("Invaluable
Fine Art Subscribers", and when used herein in combination with other Invaluable
Subscription Service subscribers, "Subscribers") that: 1) provides
instant, unlimited access to a database of past traditional art auction sale
results indexed by artist; 2) provides instant, unlimited access to a
database of upcoming art auction listings; 3) allows them to establish
criteria that generate daily auction alerts for up to 500 selected artists;
and 4) allows them to email others selected forthcoming art auction records,
and contact select traditional art auctioneers to request more information
about forthcoming auctions. "Invaluable Collector":
a subscription-based online information service for a single user ("Invaluable
Collector Subscribers"; and when used herein in combination with other Invaluable
Subscription Service subscribers, "Subscribers") that provides
instant, unlimited access to a database of upcoming traditional antiques and
art auction listings, and allows them to: 1) establish up to 50 criteria that
generate daily auction alerts; 2) email others selected traditional antiques
and art forthcoming auction records; and 3) contact select traditional
antiques and art auctioneers to request more information about forthcoming
antiques and art auctions. "Invaluable Enthusiast":
a subscription-based online information service for a single user ("Invaluable
Enthusiast Subscribers"; and when used herein in combination with other Invaluable
Subscription Service subscribers, "Subscribers") that provides
instant, unlimited access to a database of upcoming traditional antiques and
art auction listings, and allows them to: 1) establish up to 50 criteria that
generate auction alerts once per week; 2) email others selected traditional
antiques and art forthcoming auction records; and 3) contact select
traditional antiques and art auctioneers to request more information about
forthcoming antiques and art auctions. "Invaluable Dealer": a
subscription-based online information service for a single user ("Invaluable
Dealer Subscribers"; and when used herein in combination with other Invaluable
Subscription Service subscribers, "Subscribers") that provides
instant, unlimited access to a database of upcoming traditional antiques and
art auction listings, and allows them to: 1) establish up to 500 criteria
that generate daily auction alerts; 2) email others selected traditional
antiques and art forthcoming auction records; and 3) contact select
traditional antiques and art auctioneers to request more information about
forthcoming antiques and art auctions. "Invaluable Appraiser":
a subscription-based online information service for a single user
("Invaluable Appraiser Subscribers"; and when used herein in
combination with other Invaluable Subscription Service subscribers,
"Subscribers") that provides instant, unlimited access to the
entire Invaluable database of past traditional antiques and art auction sale
results, and allows them to email others selected traditional antiques and
art auction database records. "Invaluable iFind+"TM: a subscription-based online
information service for a single user ("Invaluable iFind+TM
Subscribers"; and when used herein in combination with other Invaluable
Subscription Service subscribers, "Subscribers") that provides
instant, unlimited access to a database of forthcoming traditional antiques
and art auction listings, and allows them to: 1) establish criteria that
generate auction alerts; 2) email others selected traditional antiques and
art forthcoming auction records; and 3) contact select traditional antiques
and art auctioneers to request more information about forthcoming antiques and
art auctions. "Invaluable Offline Collector
Search": a subscription-based information service for a single user
("Invaluable Collector Subscribers"; and when used herein in
combination with other Invaluable Subscription Service subscribers, "Subscribers")
that provides the same service as Invaluable iFind+"TM,
plus offline telephone support to create bespoke auction search
services including custom criteria that generate daily auction
email alerts, or for an extra charge by fax or post. "Invaluable Offline
Professional Search": a subscription-based information service for a
single user ("Invaluable Professional Subscribers"; and when used
herein in combination with other Invaluable Subscription Service subscribers,
"Subscribers") that provides the same service as Invaluable iFind+"TM, plus offline
telephone support to create bespoke auction search services including custom
criteria that generate daily auction email alerts. Can also be
sent via fax or post, for an extra charge. By subscribing to any Subscription
Service, you hereby represent to us that you are authorized to use the credit
card you submit for payment. If you are a parent or guardian paying on behalf
of a minor or other person, then you hereby agree to the terms of this
Agreement and agree to take responsibility for the actions of such person,
any charges associated with that person's use of any of the Subscription
Services, and that person's compliance with this Agreement. 2. TERM, FEES AND PAYMENTS (a) Initial Subscription Payment By subscribing to one of the
Subscription Services, you agree that you will pay the applicable fee for the
Subscription Service to which you have elected to subscribe. Your
subscription fee will automatically be charged to the credit card you
designated as the credit card to be billed for your account. (b) Automatic Subscription Renewal One month Basic, Premium, Fine Art
and Auction Advisor subscriptions will renew automatically unless you
indicate that you prefer yours to expire automatically on the "Subscribe
to Invaluable" page during the subscription process. All other
Subscription Services will expire unless you indicate that you prefer yours
to renew automatically on the "Subscribe to Invaluable" page during
the subscription process. If you elect to automatically renew, your
Subscription Service will continue with the same duration as the Subscription
Service being renewed (e.g. one month, six months, one year, etc...). At the
time of renewal, your credit card will be charged our then-current fee for
your renewed Subscription Service, provided that if the fee for your renewal
Subscription Service increases, we will notify you at your designated email
address at least fourteen (14) days prior to renewal so that you have an
opportunity to elect not to renew. (c) Your Billing Date Your credit card will be charged
for the renewal of the Subscription Service to which you have elected to
subscribe on your billing date ("Billing Date"). The Billing Date
for your renewed Subscription Service shall be on the applicable anniversary
of your Activation Date (e.g. six month anniversary, one year anniversary,
etc...) If, however, your Activation Date is on the 29th, 30th or 31st day of
a month, and your Billing Date does not exist because there are fewer than
thirty-one (31) days in the month payment is due, your Billing Date for that
particular renewal will be on the last day of the month in which your Billing
Date would otherwise be. (d) Subscription Upgrade If you would like to upgrade to a
higher level Subscription Service (from Invaluable Basic to Invaluable
Premium or Professional, or from Invaluable Premium to Professional), you may
upgrade the Subscription Service to which you have elected to subscribe at
any time by clicking on the My Invaluable button on the primary navigation
bar of Invaluable.com and selecting the appropriate link on the Account
Information foe User page. If you upgrade the Subscription Service to which
you elected to subscribe during the term of such Subscription Service, and
you elect to apply the value of your existing lower level subscription, then
your credit card will be charged for the difference between the full amount
of your new Subscription Service which shall be activated on the date of the
change and the pro-rata refund for the remainder of the term of the original
Subscription Service. Any time on the lower value subscription that resulted
from a promotion or coupon may not be applied to a higher value subscription
and is always used last (at the end of the subscription period). For example,
if you purchase a 12 month Basic service subscription using a coupon that
provides one month for free, then there will be no remaining value to apply
towards an upgrade to Premium level subscription after 11 months. (e) No Refunds Except as otherwise expressly set
forth above, all fees and charges, including charges for automatically
renewed Subscription Services, are nonrefundable. However, you may terminate
the Subscription Service to which you have elected to subscribe at any time
by clicking on the My Invaluable link on the primary navigation bar of the
home page of Invaluable.com and selecting the appropriate link under My Invaluable (f) Methods of Payment and Credit
Card Terms All payments must be made by VISA,
MasterCard, American Express or Discover Card. We do not accept cash, checks
or any other payment form. Your card issuer agreement governs your use of
your designated card in connection with the Subscription Service to which you
have elected to subscribe, and you must refer to that agreement and not this
Subscription Agreement to determine your rights and liabilities as a
cardholder. YOU, AND NOT INVALUABLE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS
BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY
YOU. You agree to pay all fees and charges incurred in connection with the
Subscription Service to which you have elected to subscribe and its password
(including any applicable taxes) at the rates in effect when the charges were
incurred. If Invaluable does not receive payment from your credit card issuer
or its agent, you agree to pay all amounts due upon demand by Invaluable (g) Unauthorized Charges Unless you notify Invaluable in
writing of any discrepancies or unauthorized charges within sixty (60) days
after they first appear on your credit card statement, they will be deemed
accepted by you for all purposes, including resolution of inquiries made by
your card issuer. You release Invaluable from all liabilities and claims of
loss resulting from any error or discrepancy that is not reported to Invaluable
in writing within sixty (60) days of its first appearance on an invoice or
credit card statement. (h) Late Payments Your account may be deactivated
without notice to you if payment is past due, regardless of the dollar amount.
You agree to pay any outstanding balance in full within thirty (30) days of
cancellation or termination of your subscription to the applicable
Subscription Service(s). (i)
Taxes You are responsible for paying any
governmental taxes imposed on your use of the Subscription Service(s),
including, but not limited to, sales, use or value-added taxes. (j) Modifications to Fees or
Billing Terms INVALUABLE RESERVES THE RIGHT, AT
ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE
ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES
PROVIDED BY INVALUABLE, EFFECTIVE UPON FOURTEEN (14) DAYS NOTICE TO YOU AT
YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you
may terminate the Subscription Service to which you have elected to subscribe
by clicking on the My Invaluable link on the primary navigation bar of the
home page of Invaluable.com and selecting the appropriate link. YOUR CONTINUED USE OF THE SUBSCRIPTION SERVICE(S)
FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES OR BILLING METHODS SHALL
CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. 3. TERMINATION (a) Termination By You You may terminate your
subscription to any of the Subscription Service(s) to which you have
subscribed at any time by clicking on the My Invaluable link on Invaluable.com
and selecting the appropriate link. Once you have terminated the Subscription
Service to which you have elected to subscribe, we will stop billing your
credit card until and unless you re-subscribe to a Subscription Service. All
fees paid and charges made prior to termination as provided herein are
nonrefundable, including any advance charge or payment for the subscription
term during which you terminate the Subscription Service to which you have
subscribed. Termination of such Subscription Service shall not relieve you of
any obligations to pay accrued charges. (b) Termination By Us You agree that Invaluable, in its
sole discretion, with or without prior notice, may freeze or terminate your
user ID (email address), password or use of any Subscription Service(s) (or
any part thereof) for any reason, including, without limitation, if Invaluable
believes that you have violated or acted inconsistently with the letter or
spirit of this Subscription Agreement or the Terms of Use Agreement. Invaluable
may also in its sole discretion and at any time modify or discontinue
providing any Subscription Service, or any part thereof, with or without
notice. Further, you agree that Invaluable shall not be liable to you or any
third-party for any interference with or termination of your access to any
Subscription Service. Notwithstanding the foregoing, if Invaluable suspends
or terminates your use of any Subscription Service(s) to which you have
subscribed without cause it will (a) extend the term of such Subscription
Service(s) by the amount of time such Subscription Service(s) was suspended
or (b) refund a pro-rata amount based on the remainder of the term of such
Subscription Service(s), as applicable. 4. CUSTOMER SERVICE You understand and agree that Invaluable
is solely responsible for all customer service, help, billing and account
issues related to the Subscription Service to which you elected to subscribe.
Neither your ISP, nor any third party website
through which you may have accessed any Subscription Service, nor any of the
auction houses that provide data to Invaluable is responsible for customer
service, help, billing and account issues related to your subscription. You
agree not to direct any questions, requests for assistance, or inquiries
about any Subscription Service to your ISP, to any third party website
through which you may have accessed any Subscription Service, or to any of
the auction houses that provide data to Invaluable 5. YOUR ACCOUNT INFORMATION (a) True and Complete You agree to provide true,
accurate, current and complete information about yourself and your billing
information as prompted by the process of subscribing to a Subscription
Service (such information being the "Account Information"). (b) Updating Your Account
Information You may update any of your Account
Information, designate a different credit card to be billed, or change the
applicable expiration date on your currently designated credit card, by
clicking on the My Invaluable button on the primary navigation bar of the
home page of Invaluable.com and selecting the Edit Card link. (c) Our Use of Account Information We shall treat all of your Account
Information in accordance with our Privacy Policy. (d) Stolen Account Information
Your Responsibility You are solely and entirely
responsible for maintaining the confidentiality of your password,
and for any and all activities that occur under your account. If you believe
someone has accessed any Subscription Service using your email address and
password without your authorization, it is your responsibility to immediately
notify us at [email protected] and set up a new email address and
password by clicking on the My Invaluable button on the primary navigation
bar of the home page of Invaluable.com and selecting the Edit Registration
Info link. Invaluable will not be liable for any loss or damage arising from
unauthorized use of your email address and password. 6. TECHNOLOGY LIMITATIONS We recommend that you use Invaluable
with Microsoft Windows Operating Systems and Internet Explorer Version 5.5 or
later. Internet connection speed will determine how rapidly pages with
photographs load to your browser. Invaluable will make reasonable
efforts to keep your account and the Subscription Service(s) operational.
However, certain technical difficulties or maintenance may, from time to
time, result in temporary interruptions. We will make reasonable efforts to
notify you at least twenty four (24) hours in advance of any downtime that we
anticipate in advance will exceed one hour. This Subscription Agreement
[version 3.10] was last revised and posted on the Site May 1, 2020 to
have effect from and after May 1, 2020. |