Lot # : 7 - Wooden Hat Form

Thank you for choosing Method Estate Management, LLC, a Montana limited liability company, (hereafter referred to as “MEM” ''we'', ''us'', ''our''). By engaging the services of MEM, including without limitation, registering to bid, participating in any MEM sale or event (collectively “Service”), you agree to be automatically bound by these Terms of Use (this ''Agreement''). This Agreement governs the relationship between you and MEM. Please read this Agreement carefully. If you object to or do not understand anything in this Agreement do not use the MEM Service or website. Description & Condition of Items. All items are sold AS IS, AS AVAILABLE, WHERE IS with all faults. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. Items may be available for inquiries prior to bidding. Any and all written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. MEM attempts to catalog every item correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the item. No statement (oral or written) on our website, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. You bear and assume all risks associated with, the use of our website and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by MEM or submitted to MEM. Bidders are responsible for examining all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the item for you or do not bid on the item in question. For avoidance of doubt, neither MEM nor the Client makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. All measurements are approximate. Use of our and the Services may result in technical malfunction, delay, mis-delivery, or other problems with other systems, programs, or computer hardware. MEM cannot and does not guarantee compatibility with other systems and hardware. Effect of Bid. By placing a bid, either in person, by phone, absentee or via the internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. When placing your bid on an item, you are entering into a legal and binding contract. The successful bidder is the highest bidder. In the event of any dispute between bidders, or in the event of doubt on MEM’s part as to the validity of any bid, the MEM will have the final discretion either to determine the successful bidder or to re-offer and resell the item in dispute. If any dispute arises after the sale, MEM’s sale record is conclusive. The high bidder assumes full responsibility for the item at issue. Payment. By placing a bid or participating in any way in our Service, you acknowledge and agree to the payment terms outlined herein. A buyer’s premium of 10% will be added to all purchases. Payment is expected immediately following the end of the auction. We accept bank wire transfers, cashier's check, money order, Visa, MasterCard, Discover and American Express. For items purchased online, you will be emailed an invoice after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact us at (406) 219-1450 or email us at info@methodestatemanagement.com if you are unable to pay through our online check-out system within twenty-four (24) hours. If paying by money order, or cashier's check (no personal check accepted), MEM reserves the right to hold all purchases until the check has cleared to the satisfaction of MEM and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. Failure to make full payment within the specified period may result in consequences, including but not limited to the following: (a) Back up bidders will have the opportunity to purchase the item(s) for the last bid amount. Delinquent buyers will be responsible for paying the difference in the purchase amount; (b) Failure to pay within the designated time frame may result in the temporary suspension or termination of your eligibility to participate in the Service, thereby limiting your ability to participate in future auctions conducted by MEM; (c) MEM reserves the right to pursue legal action or engage collection agencies to recover any unpaid balances, and you may be responsible for all associated costs and fees, including without limitation, reasonable attorney’s fees. MEM reserves the right to modify or amend the payment terms at any time without prior notice. Any changes will be effective immediately upon posting the same to our website. It is your responsibility to review this Agreement periodically for any updates or modifications. Item Pickup. Pick up address will be emailed to winning bidders. A late pickup fee in the amount of $25 per day will be automatically assessed if you do not pick up during the scheduled pickup dates and times. MEM reserves the right to charge additional fees, in its discretion, in connection with the pickup of large items. MEM will not be responsible for items damages in connection with any pickup of items. Disputes. If you believe there is an error with your invoice or have any disputes regarding the amount owed, it is your responsibility to contact MEM within twenty-four (24) hours from the time of receipt. Failure to report discrepancies or disputes within this timeframe may result in the waiver of your right to contest the invoice. Binding Effect & Amendment. This Agreement is an electronic contract that sets out the legally binding terms of your use of the MEM website and your relationship to MEM and the Service, and is effectively immediately upon MEM’s posting of this Agreement to our website. By accessing MEM’s website or its Service, you are automatically deemed to agree to receive this Agreement in electronic form, as well as agree to and accept the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please email us at: info@methodestatemanagement.com. Furthermore, this Agreement is subject to change and may be modified by MEM, from time to time, in our sole and absolute discretion. Any such modifications shall be deemed immediately effective upon posting by MEM to our website. This Agreement will remain in full force and effect until modified or replaced in MEM’s sole and absolute discretion. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. MEM reserves the right to refuse service to anyone for any reason at any time. Grant of License. Any person or entity who engages the Service of MEM (“Client”) is deemed to grant to MEM (including without limitation its employees, agents, successors and assigns) the license to access their estate sale information (including without limitation photos reflecting the same) and re-distribute that information at our discretion. The Client is deemed to represent and warrant that they have the authority to authorize MEM’s use of this information regardless of any posted copyright notices. The Client will be responsible for verifying that the information posted by MEM is correct. MEM specifically and expressly disclaims any liability for errors, omissions, or changes. Privacy. You acknowledge, consent and agree that MEM may access, preserve and disclose your information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of MEM, its users and the public. Eligibility Criteria. Our Service and website content is intended for adult humans (“bots” or other automated users are prohibited). You must be at least eighteen (18) years of age to engage or participate in the Service of MEM. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. MEM will not knowingly collect personal information from children under 18 years of age. If you are a parent or legal guardian of a child under age 18 who you believe has submitted personal information to MEM please contact us at immediately Prohibited Uses. You must not modify, adapt or hack MEM’s website or Service, including without limitation, modification so as to falsely imply that you are associated with the Service or MEM. You may not reverse engineer or reuse source code that is in public view. This includes any and all java script. The code is MEM’s copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to access our website or Service by any means other than through the interface that is provided by MEM for use in accessing the Service. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will MEM be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MEM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any content posted on the website or transmitted by MEM; or (vi) any inaccurate or out-of-date content published on our website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, MEM’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MEM in the twelve (12) months prior to the claimed injury or damage. Indemnity by You. You agree to indemnify and hold MEM, its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of MEM’s or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason. Choice of Law. If there is any dispute arising out of our website and/or the Service, you expressly agree that any such dispute shall be governed by the laws of the State of Montana, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Montana, for the resolution of any such dispute. Miscellaneous. The failure of MEM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and MEM and governs your use of the Service, superseding any prior agreements between you and MEM (including, but not limited to, any prior versions of this Agreement).