TERMS OF SALE of this item by MTVN Direct Inc. ("Seller")
PROCEEDS: A portion of the proceeds from MTV.com's Real World Las Vegas Auction will benefit LIFEbeat, a non-profit organization dedicated to reaching America's youth with the message of HIV/AIDS prevention. All sales are final.
RIGHT TO CANCEL: In the event of any incorrect information in the above description of this item, whether due to typographical or other error or other cause, Seller shall have the right to refuse any bid or cancel the auction, whether or not the auction has ended, a winning bidder has been determined and/or the winning bidder has attempted or made payment for the item. If Seller cancels the auction after having received payment for the item from a winning bidder, Seller will refund the amount received to the winning bidder, and Seller will have no further obligation to the winning bidder.
BIDS: Receipt of any communication from Seller (including but not limited to a Final Cost Notification, as defined below) does not signify Seller's acceptance of the winning bidder's offer to purchase, nor does it constitute confirmation of an offer to sell the item. Seller reserves the right at any time (before or after a winning bidder has attempted to make or made payment for this item) to accept or decline any bid for any reason. Seller may in its sole discretion require additional verification or information before accepting any bid. Seller will not accept bids from dealers, exporters, wholesalers, or others who (in Seller's sole judgment) intend to resell this item.
NOTIFICATION: When the auction ends for this item, Seller will notify the auction winner (if any) of the total amount payable for the item, which will include actual shipping and handling (S&H) costs, insurance cost, and applicable tax (if any) ("Final Cost Notification"). If you are the auction winner, do not attempt to make payment for this item before receiving a Final Cost Notification from Seller.
S&H: Buyer is responsible for shipping and handling (S&H) costs. Final S&H costs will be based on the auction winner's location. All auction items will be shipped Airborne Express, Second Day delivery. The above estimates for S&H are based on maximum estimates within the continental U.S. Actual S&H costs will be finalized once winning bidder's location has been confirmed. Buyer should expect delivery of auction items within 6-8 weeks.
U.S. ONLY: Seller will NOT ship internationally or accept bids from bidders who reside outside of the U.S.
INSURANCE: The auction winner must pay for shipping insurance for this item, valued at the amount of the winning bid.
TAX: Sales tax is applicable in CA, NY and NV.
PAYMENT: Seller accepts payment through PayPal. No personal checks or money orders accepted. If Seller does not receive payment for this item from the auction winner within 7 days of Seller's delivery of the Final Cost Notification, any and all rights of the auction winner with respect to this item are deemed forfeited, the disposition of this item shall be determined in MTV's sole discretion, and (without limiting the foregoing) Seller shall have the right to designate (and complete the transaction with) a new auction winner without any further obligation to any bidder whose payment was not accepted or did not, for any reason, successfully reach Seller in accordance herewith using the procedure Seller has identified (other than to refund any payment actually made by such bidder).
DELIVERY: It may take 6-8 weeks to receive the item from time payment is received by the Seller.
WINNERS OF MULTIPLE ITEMS: If you win multiple auctions, you must pay for each item separately. Winning bidders may not pay for multiple auction items with one single payment.
DISCLAIMER; LIMITATION OF LIABILITY: SELLER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS ITEM. THIS ITEM IS OFFERED AND WILL BE SOLD ON AN "AS IS" AND "WHERE IS" BASIS. WITHOUT LIMITING THE FOREGOING, SELLER TAKES NO RESPONSIBILITY FOR THE QUALITY OR AUTHENTICITY OF THIS ITEM. SELLER SHALL HAVE NO LIABILITY OF ANY KIND IN CONNECTION WITH THIS ITEM TO ANY PARTY OTHER THAN THE WINNING BIDDER (IF ANY), AND SELLER'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE WINNING BIDDER IN CONNECTION WITH THIS ITEM (IF ANY) SHALL BE THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM THE WINNING BIDDER IN CONNECTION THEREWITH. IN NO EVENT SHALL SELLER, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS ITEM.
GOVERNING LAW: These terms of Sale shall be governed by, construed and enforced in accordance with the internal substantive laws of the State of New York applicable to contracts made, executed and wholly performed in New York (without application of or giving effect to New York choice of law principles). For the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree with us, to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
AGREEMENT: By placing a bid, you agree to all of these Terms of Sale, and further acknowledge and agree that any violation thereof by you will result in your forfeiture of any and all rights relating in any way to this item (including, without limitation, as the auction winner if you are the highest bidder).