Terms of Use

1. Acceptance Of Terms

By accessing or using the Hammer Price website (the “Site”) and/or mobile application (the “App”) made available by Live Auction Results, LLC (together the “Service” or “Hammer Price”), you agree to be bound by these Terms of Service (“Terms of Service”). Please read these Terms of Service and the Hammer Price Privacy Policy carefully (together the “Agreement”). You (the “User”) are only authorized to use the Service if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree to the terms of the Agreement, you must not install the App and/or discontinue use of the Service immediately.

2. GENERAL CONDITIONS OF USE

You must be at least 13 years old to use the Service. If you are registering to use the Service on behalf of a legal entity: (i) you must be the authorized representative of such entity; and (ii) if the entity subsequently disputes such power or authority, you shall be liable for any failure of the entity to comply with the terms of this Agreement.

Live Auction Results, LLC (“Live Auction Results”) may, in its sole discretion, refuse to offer the Service to any person or entity (including existing Users) and may change its eligibility criteria at any time.

Live Auction Results reserves the right to take necessary technological, maintenance or security measures that may affect the accessibility of Service, including an immediate shut down of the Service. We will not be responsible for any loss or alteration of any content, including content submitted to the service by you.

3. User Acknowledgement

You are solely and fully liable for all conduct, content, user profiles and transactions that are made under your username and password in connection with the Service. You are solely responsible for keeping your passwords safe and secure. You agree that while using the Service:


  • You will not disguise the origin of your connection to the Service.
  • You will not provide false or inaccurate information to the Service.
  • You will not impersonate any person or entity, or make any false statement regarding your employment, agency or affiliation with any person or entity.
  • You will not use the Service for the purpose of conducting illegal activity.
  • You will not violate any applicable local, state, national or international law, statute, ordinance, rule or regulation.
  • You will not abuse the Service with spam, including self-promotion, in any user-contributed content.
  • You will not use the Service to advertise, market, or promote products or services.
  • You will not use the Service for commercial purposes.
  • You will not access the Service in any way that negatively impacts the performance or reliability of the Hammer Price website or mobile applications.
  • You will not access the Service with any program, collection agent, "robot" or similar data gathering, scraping, or extraction tools or processes for the purpose of retrieving or accessing data.
  • You will not use the Service for any personal, professional, commercial, financial, operational, law enforcement, or judicial activity that relies on the availability, validity, or accuracy of Hammer Price data.
  • You consent to receive messages (whether by email, text messages, or push notifications) from the Service and/or our third-party partners, and acknowledge and agree that your phone number, email address, and other information may be used for the purpose of initiating commercial messages. We will allow you to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), you must terminate your account.
  • You acknowledge that any ideas, concepts, techniques, ("suggestions") for new or existing services submitted to Hammer Price are not confidential or proprietary. You grant Live Auction Results an unrestricted, irrevocable, sub-licenseable, world-wide, royalty free right to use, disseminate, display, distribute, and exploit any suggestions, ideas, concepts, or techniques provided by you.
  • You grant Live Auction Results a worldwide, royalty-free, unlimited, sub-licenseable, irrevocable license to use, display, modify, copy, transmit, distribute, and sell any content submitted by you to the Service, including textual information, photographs, audio, and video ("User Content").
  • By submitting User Content to the Service, you represent and warrant that you own such content and have all necessary authority to license such content to Live Auction Results consistent with the terms of this Agreement.
  • Any intellectual property or content associated with Hammer Price, including aggregated User Content, is the sole property of Live Auction Results and its respective copyright holders. You agree not to: (a) rent, lease, lend, sell, redistribute, reproduce or sublicense access to the Service; (b) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part of the Service; (c) store in any form, distribute, transmit, display, or otherwise exploit the Service for any commercial purpose; (d) use the account, username, or password of another user at any time, allow any other person to use your account or provide your passwords to any other person or entity.
  • You will not assert, nor will you authorize, assist, or encourage any third-party to assert, any intellectual property infringement claim regarding the Service. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses.
  • IF YOU ARE A COMPETITOR OF HAMMER PRICE YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

4. Infringement of Copyrights

We respond to notices of alleged copyright infringement according to the process set forth in the U.S. Digital Millennium Copyright Act.

If you think somebody is violating your copyrights and you want to notify Live Auction Results, send us a written notice containing the following information: (i) your first and last name, (ii) your company’s name if you are notifying us of a violation of your company’s copyrights, (iii) your address, telephone number or email address where we can contact you, (iv) the country you reside in, (v) a brief description of the content you believe to be protected by copyright law, (vi) a location where we can see an example of the protected content, (vii) the location of the infringing material, (viii) a statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by you, the copyright owner, your agent or the law, (ix) a statement that the information in your written notice is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notice of claims of copyright infringement should be sent to:

Live Auction Results, LLC
Attention: Legal Department
3737 Atwell St. Suite 102
Dallas, TX 75209

5. Indemnification

You agree to defend, indemnify and hold harmless Live Auction Results, its affiliates, and their respective officers, directors, members, employees and agents, licensees, customers, and other Users from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees) arising out of or related to your use of the Service; any User Content submitted by you to the Service; your use of the Service in violation of these Terms of Service; or your violation of any third-party rights, including copyright, trademark right of publicity or privacy, or other third-party intellectual property right. This defense and indemnification obligation will survive termination of the Agreement.

6. Term and Termination

This Agreement is effective upon your first use of the Service and will continue until terminated by either you or Live Auction Results. Your right to use or access the Service will terminate automatically without notice from us if you fail to comply with any terms of this Agreement.

7. Mobile App Market Place Terms

Acknowledgements Regarding Marketplace Providers. You understand that this Agreement is between you and Live Auction Results, LLC and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any other provider of a mobile application marketplace and that Live Auction Results (not the marketplace provider) is responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER PERSON OR ENTITY MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that marketplace providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that such providers have no responsibility for the investigation, defense, settlement or discharge of any third-party intellectual property claims that the App or the Service or your use thereof infringes intellectual property rights.

8. Disclaimer Of Warranty And Limitation Of Liability

Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LIVE AUCTION RESULTS, LLC AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. IN NO EVENT SHALL LIVE AUCTION RESULTS, LLC, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF LIVE AUCTION RESULTS, LLC IS HELD LIABLE, THAT LIABILITY IS CAPPED AT $5,000.

9. Third-Party Links, Sites, and Services

Hammer Price may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”), or provide links to third-party websites. You acknowledge and agree that Live Auction Results is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Live Auction Results does not warrant or endorse and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or websites. If you access any third-party website, service, or content from Hammer Price, you do so at your own risk.

10. Arbitration Notice

YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND LIVE AUCTION RESULTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO INITIATE DISPUTE RESOLUTION THROUGH A COURT PROCEEDING OR TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION.

11. Governing Law and Venue

These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. You agree to resolve any dispute you have with Live Auction Results by binding arbitration in Dallas, Texas according to the rules of the American Arbitration Association.

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. Live Auction Results’ failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Live Auction Results reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Hammer Price.

12. How To Interpret This Agreement

This Agreement, and the documents we reference in this Agreement, is the entire agreement between you and Live Auction Results, LLC regarding Hammer Price and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Live Auction Results. Our failure to exercise or enforce any right will not operate as a waiver of such right. Headings before each section of this Agreement are provided for convenience and to aid in readability only. These headings have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If you have any questions regarding this Agreement, Live Auction Results can be reached at:

Live Auction Results, LLC
3737 Atwell St. Suite 102
Dallas, TX 75209
By email: support@hammerpricelive.com

13. Modification

From time to time, Live Auction Results may change these Terms of Service at its sole discretion. Live Auction Results has no obligation to notify you individually of these changes; and you agree that Live Auction Results will have satisfied its notification requirements by posting these Terms of Service at www.hammerpicelive.com. Please check the revision date at the bottom of this page to determine if the policy has been modified since you last reviewed it. Your continued use of our App or any portion of our Site following posting of the updated Terms of Service will constitute your acceptance of the changes. If you object to the updated Terms, your sole recourse is to terminate your use of the Service.

14. Notice To California Residents

Under California Civil Code Section 1789.3, California residents are entitled to specific consumer rights information. To file a complaint or to receive further information regarding use of the Service, send a letter to the address below or contact Live Auction Results via e-mail.

Live Auction Results, LLC
3737 Atwell St. Suite 102
Dallas, TX 75209
By email: support@hammerpricelive.com

You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

EFFECTIVE: MAY 16, 2016