Auction Site User Agreement
This is a legal agreement between
you, the user, and SITE OWNER.
- GENERAL USE PROVISIONS
This site is provided only as
a venue for bidders and auction posters. SITE OWNER is not involved
in the actual transaction between these parties and assumes no
control or liability over any issues that may arise as a result of
this transaction.
- INTELLECTUAL PROPERTY
All materials provided on
this Website, including but not limited to information, documents,
products, logos, graphics, images, auctions, and services are the
wholly owned and copyrighted work of SITE OWNER and/or its Third
Party Providers. None of the materials posted herein may be copied,
reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, including but not limited
to electronic, mechanical, photocopying, recording, or other means,
without the prior express written permission of SITE OWNER or the
appropriate Third Party Provider. You may not "mirror" any materials
contained on this Website on any other server or site without SITE
OWNER's prior written consent. In order to register on this site you
must provide your true name and a valid email address.
- BIDDING
Bidding on an item indicates
your intent to purchase that item and is considered a legally binding
contract between yourself and the seller of the item. Bids cannot be
cancelled once they are submitted. Upon receiving notification that
you are the winning bidder you are obligated to purchase the item or,
in the case of a reverse auction, sell the item.
- POSTING
Posting an item in an auction
indicates your intent to sell this item to the highest bidder and is
irrevocable. In the case of a reverse auction you indicate that you
will purchase the item you have requested from the lowest qualified
bidder. This intent to purchase is legally binding. Upon completion
of the auction it is your responsibility to conclude the sale with
the winning bidder. In order to post an item on this auction site
you must agree to the following:
- Do not inflate the price of
your item by bidding on the item yourself.
- Do not engage in any
fraudulent or illegal activity.
- Do not infringe on any
third party copyright, trademark, service mark or patent.
- Do not spam (send
unsolicited email) to users of this site. Spamming will result in
immediate termination.
- FEES
You agree to pay all fees
incurred from your use of this Website. All fees incurred in
connection with this Website are non-refundable.
- DENIAL OF SERVICE
SITE OWNER reserves the right
to refuse service to anyone for any reason. This right will be
exercised when it becomes evident a user is in some way abusing the
system.
- TERMS OF SERVICE
This comprises the entire
agreement between the User and Site OWNER and supersedes all other
agreements. By registering and participating as a user you are
indicating your consent to be bound by this agreement.
- DISCLAIMER
EXCEPT AS SPECIFIED HEREIN,
THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY ON AN "AS IS" BASIS.
SITE OWNER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE
EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR
JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER
THE PRODUCTS/SERVICES ARE SUFFICIENT FOR YOUR PURPOSES. SITE OWNER
DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR
CONDITIONS AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS
OF ANY OF THE PRODUCTS/SERVICES CONTAINED ON THE WEBSITE.
- LIMITATION OF LIABILITY
SITE OWNER SHALL NOT BE
LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF
PURCHASING OR SELLING ITEMS ON THIS WEBSITE. IN NO EVENT SHALL SITE
OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC
ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS
WEBSITE, EVEN IF SITE OWNER HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD SITE OWNER HARMLESS
FROM, AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST
SITE OWNER, ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF
THIS WEBSITE.
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