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Auction Site User Agreement

This is a legal agreement between you, the user, and SITE OWNER.

1. 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.

2. 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.

3. 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.

4. 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. Contact between a bidder and a seller is not spam. Contact initiated by a user to a seller is not spam

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. MANDATORY GUARANTEE STRUCTURE, "AUTHENTIC ARTIFACTS", 14 days plus a reasonable time to authenticate. Every user who wishes to sell artifacts on this site is required to adhere to the following mandatory guarantee structure whether or not a listing description includes a reference to a guarantee. Any seller must allow a buyer of an artifact listed under the "Authentic Artifacts" category an unconditional 14 day period, starting on the day the buyer receives the item, during which the buyer may return the artifact purchased for a full refund of the winning bid price. The buyer must return the artifact to the seller, in the same condition as when it was sent, postmarked within said 14 day period. If the buyer wishes to send an artifact to an authenticator, then the 14 day period shall be extended to a reasonable time which covers the sending of the artifact to the authenticator through return to the buyer. The buyer must notify the seller of their intent to send the artifact to an authenticator within the initial 14 day period and must ship promptly. If the authenticator refuses to certify the artifact as 100% authentic or certifies the artifact in a way less than fully authentic, then the buyer may promptly return the artifact to the seller and the seller shall promptly refund the buyer the original winning bid. Any note from the authenticator indicating the artifacts is less than fully authentic shall suffice in satisfying this condition and a detailed analysis shall be unneccessary. If the authenticator states that they are not sure on the artifact and no determination is made, then the buyer may also then return the artifact to the seller for the same refund as if a determination of less than fully authentic were made. Any artifact receiving a certification by the authenticator as being authentic shall not qualify for refund and the seller shall not be required to send a refund if beyond the initial 14 day period. Sellers are expected to package items in a way which will reasonably assure their safe shipping. Buyers are responsible for similarly packaging items to authenticators or if returning to a seller. The responsibility to insure packages for shipping is always on the buyer, unless a seller offers a fixed shipping cost or otherwise states insurance is unnecessary or ships in a manner where insurance is not available, unless such manner of shipping is at the request of the buyer. This guarantee structure shall be referred to as being 14 days plus a reasonable time to authenticate. Because reasonable minds may differ as to the application of this mandatory guarantee structure, disputes may be submited to the site Administrator for final decision. Any decision made by the site Administrator shall be final and any user who fails to comply with said decision shall be suspended at the sole discretion of the site Administrator. The site Administrator may refuse to decide any dispute for any reason, at the sole discretion of the site Administrator. The site Administrator may, in its sole discretion, furnish any contact information of a party in a dispute to the other party upon request in order to facilitate the party's ability to resolve a matter in dispute.


  

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