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BidOnUSA User Agreement

Last Updated: Mar 16, 2006 Welcome to BidOnUSA.com, please see our Announcements Boards for News and Updates. If you visit or use our services at BidOnUSA.com, you must accept our User Agreement. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY USING OUR SITE(domain and subdomains of www.bidonusa.com) AND SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES(including those available by hyperlink). BidOnUSA.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. Changes to this User Agreement may be posted with or without notice to you, please review this page frequently. You can review our most current version of this Agreement at any time at http://www.bidonusa.com/cgi-bin/Help?cmd=view&pages=policies. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING BIDONUSA.COM'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE. Before you may become a member or registering to BidOnUSA.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other BidOnUSA.com branded web sites will be governed by the User Agreement posted on those web sites. All questions regarding this User Agreement should be sent via email to legal_support@bidonusa.com Eligibility of Membership / Registration ******************************************* top of page To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. Our services are not available to minors. If you do not qualify, please do not visit or use our services. You can not visit or use our services if you are temporarily or indefinitely suspended from our site. If you are eligible to use our services, you must complete the Registration process by providing BidOnUSA's with true and correct information as required on the BidOnUSA's registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. Content License ******************************************* top of page BidOnUSA.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future(We need these rights to host and display your content). You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BidOnUSA.com or its affiliates for all claims resulting from content you supply. Advertisers / Links ******************************************* top of page Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BidOnUSA.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BidOnUSA.com has no control over such sites and resources, you acknowledge and agree that BidOnUSA.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BidOnUSA.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Fees and Charges ******************************************* top of page Joining BidOnUSA.com and bidding on listed items is free. Listing fee for posting an item on BidOnUSA's is 100% FREE. There is however, a minimal charge for other auction posting features such as featured item listings, attention grabbers, bold listings, etc., should you wish to use them(please review "BidOnUSA Fees" page). We will send you an invoice monthly via email showing your account status. A negative balance indicates money owed on your account. A positive balance indicates credit available to you for posting items for auction and our other services. We will extend a floating credit to you up to $20.00, at which time we will send you an invoice via email requesting payment. Should this payment not be made, your account will be suspended until payment is received, and posted to your account. Payments can be made through PayPal, directly from your "Account Manager", which is our preferred method, or if you so desire, you can send a check or money order to the address listed in your "Account Manager". Please realize however, that this method of payment may delay your being able to continue posting auctions until your payment is received, processed, and posted to your account. You may also wish to make a payment ABOVE your amount owed or make a payment in advance, which you may do at any time, and the amount will show up as a "positive" amount in your account. These credits("positive" amount) have a ZERO cash value, and cannot be refunded as cash. All service fees, which we may change from time to time. Changes to that Policy are effective immediately upon posting, with or without notice to you(please review "BidOnUSA Fees" page frequently). We may choose to temporarily change the fees for promotional events or new services, and such changes will be effective upon posting. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner. If your account is past due, we may collect fees owed using other collection mechanisms(This includes charging other payment methods on file with us, retaining collection agencies and legal counsel). Placing Bids ******************************************* top of page By placing a bid on an item(s) listed on BidOnUSA's, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid. Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid. Only in certain situations would bid withdrawal be acceptable. These situations may include: a) The seller has made material changes to the description of the item after your bid was placed. b) The seller has made a typographical error in the description of the item. c) You have contacted the seller and received their express permission to withdraw your bid. Bidders may not engage in the following activity: a) Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder. b) Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID. c) Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on BidOnUSA's, any questions you may have regarding the sale of, or condition of the item before placing your bid. d) By placing a bid, you further state that the purchase and or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item(s). NO RESALE OF SERVICE *************************************** top of page You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your User ID), use of the Service, or access to the Service. Abusing BidOnUSA *************************************** top of page BidOnUSA and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and BidOnUSA.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law. You may not use our sites to transmit or forward, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail("Spam"). BidOnUSA.com prohibits members from sending Spam. You also may not deliver Spam or cause Spam to be delivered to any of BidOnUSA.com's Services or BidOnUSA customers. As permitted by applicable law, BidOnUSA.com has the right, but not the obligation, to monitor any activity and content associated with this Site. BidOnUSA.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. BidOnUSA.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts. Closing Your Account ****************************************top of page To close your account, you could email our customer support at accounts@bidonusa.com. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement, and take other actions otherwise permitted by law. Opt-In/Out *******************************************top of page You can change Newsletter Preferences and Email Notification Preferences at any time from our site. We reserve the right to send you certain communications relating to the BidOnUSA service, such as service announcements, administrative messages and the BidOnUSA Newsletter, that are considered part of your BidOnUSA account, without offering you the opportunity to opt-out of receiving them. Please note: BidOnUSA Affiliate Program User can not opt-out as all emails are relating to BidOnUSA Affiliate Program. MODIFICATIONS TO SERVICE **************************************** top of page BidOnUSA.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BidOnUSA.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement ******************************************* top of page BidOnUSA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below. Please note that this procedure is exclusively for notifying BidOnUSA and its affiliates that your copyrighted material has been infringed. *An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; *A description of the copyrighted work that you claim has been infringed upon; *A description of where the material that you claim is infringing is located on the site, including the User Name, Item Number, if applicable; *Your address, telephone number, and e-mail address; *A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; *A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement or other intellectual property infringement can be reached as follows: BidOnUSA.com Legal Department 1928 Hancock St. Los Angeles, CA 90031 Limitation of Liability - Non Warranty ******************************************* top of page BIDONUSA.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BIDONUSA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. BIDONUSA.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, JOINT VENTURES, PARENT COMPANIES, CONTRACTORS, SUPPLIERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You understand and agree that BidOnUSA.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You will not hold BidOnUSA.com responsible for other users' actions or inactions, including things they post. You acknowledge that BidOnUSA is not an 'auctioneer.' Although we are commonly referred to as an online auction website, it is important to realize that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages(however arising, including negligence) resulting from or in connection with this agreement or the use of the site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. User Verification ******************************************* top of page Because of difficulties involved with verification over the Internet, BidOnUSA's is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any members feedback profile to see what others have said about dealing with them. Disputes and Release ******************************************* top of page We can not and will not get involved in disputes between users. If you have a dispute with one or more users, you hereby release BidOnUSA.com's (including all officers, subsidiaries, directors, licensors, joint ventures, employees, parent companies, contractors, suppliers, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Selling on BidOnUSA's ******************************************* top of page Review the listing policy for more information. Personal Information ******************************************* top of page BidOnUSA.com may collect, store, and process your information such as your first and last name, email address, physical contact information, telephone #, birth date, sometimes financial information(depending on the service used, such as credit card or bank account numbers), and all information you provided and all your content generate to our site. You understand and agree that BidOnUSA may make a copy of all your information, and store in our offices located in the United States. You are not licensed to add other BidOnUSA users, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent. Our Site enables you to share personal and financial information in order to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information in order to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address, and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them. You agree to use user information only for: 1)BidOnUSA-transaction-related purposes that are not unsolicited commercial messages. 2)Using services offered through BidOnUSA (e.g. escrow, insurance, shipping and fraud complaints). 3)Other purposes that a user expressly chooses. The use of your information is explained in our current Privacy Policy. BidOnUSA.com has strict policies relating to members' contact information: BidOnUSA.com members can't misrepresent their identities. BidOnUSA.com members must always provide valid and complete contact information. For everyone's safety, members are never permitted to publish the contact information of other members in an online public area. Every BidOnUSA.com membership must always have a valid email address. Members must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Your Password ******************************************* top of page You may not disclose, share, or distribute your password to any third party. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish. If you unable to login to your account with correct User ID and Password, you must notify BidOnUSA.com immediately. You must ensure that you exit from your account at the end of each session. Public Chat Lobbies ******************************************* top of page BidOnUSA.com's provides public forums (herein referred to as "Lobbies"), in which registered members may post messages and enjoy interacting with other registered members. These lobbies are provided as a courtesy to the BidOnUSA.com's community. BidOnUSA.com's is not responsible for the content posted in the Lobbies and may not agree with the views expressed therein. The following types of posts or comments are considered unacceptable in any lobby on our site. Posting of such may result in the suspension of your ability to post in our lobby or the suspension of your BidOnUSA.com's Account. Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a lobby. Posts that advertise items you have for sale. Posts that contain profanity or that are defamatory in nature. Posts that contain links to other online auction sites. Posts that contain adult pictures, material, or links. Posts that disclose personally identifiable information about another registered member. Posts that are disruptive in nature, harass or threaten another member or BidOnUSA.com's staff member. Additional guidelines may be posted, and amended, regarding the use of our chat lobbies. Access and Interference ******************************************* top of page Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the BidOnUSA.com's web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You may not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of BidOnUSA.com and the appropriate third party, as applicable. You may not bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. You may not use our site or service to distribute viruses or any other technologies that may harm BidOnUSA.com or others. Feedback ******************************************* top of page BidOnUSA.com's provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. The following actions regarding the use of the Feedback system are prohibited: Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing. Leaving feedback that contains vulgarity or profanity. Leaving feedback that discloses another users personally identifiable information. Leaving comments that are negative in nature, through the selection of the Positive comment option. BidOnUSA.com's provides you with an opportunity to "Retract" a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment. This function should not be misused. Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account. In the event that your feedback rating should reach the status of -4 (negative 4) your registration and account may be suspended. It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System. Privacy ******************************************* top of page BidOnUSA.com's takes several steps to protect and prevent the misuse of the personal and private information you supply us. We store and process your information on servers, and in our offices located in the United States that are protected. You acknowledge that in using BidOnUSA.com services to send electronic communications (including but not limited to email, private messages, search queries, sending messages to BidOnUSA Chat or BidOnUSA Groups, uploading photos and files, and other Internet activities) result in interstate or international data transmissions. For a complete description of how we use and protect your personal information, please review the BidOnUSA's Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. Notice ******************************************* top of page All notices given between both parties (You and BidOnUSA's) will be made via email, certified mail, regular mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In addition, notification may be posted on the Announcements Board. Indemnification ******************************************* top of page You agree to indemnify and hold harmless BidOnUSA.com's, its officers, subsidiaries, directors, joint ventures, employees, parent companies, contractors, suppliers, and agents, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BidOnUSA's, the violation of this User Agreement by you, or your violation of any law, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity. Legal Responsibility ******************************************* top of page The Site and Services only may be used for lawful purposes and in a lawful manner. You may not offer for sale or sell items to any buyer in a jurisdiction where the item or terms of the sale violate applicable laws or regulations. You also may not offer for auction any item that violates BidOnUSA's policies. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site. Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, or manner of sale or exchange, that may pertain to transactions in which they participate. No Partnership / Agency ******************************************* top of page You and BidOnUSA.com's act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Violation of User Agreement ******************************************* top of page We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination. No Waiver ******************************************* top of page BidOnUSA's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of BidOnUSA's right to subsequently enforce such provision or any other provisions of this Agreement. General ******************************************* top of page BidOnUSA.com reserves the right to refuse service to anyone. If a dispute arises between you and BidOnUSA.com, we strongly encourage you to contact us directly by going to http://www.bidonusa.com/cgi-bin/MailContact?cmd=mail_contact. We will consider reasonable requests to resolve the dispute. You agree that your BidOnUSA.com account is non-transferable and any rights to your User ID or contents within your account may terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. You may not use or manipulate this service for any fraudulent activity or purpose. BidOnUSA.com retains the right, but does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, items, auction inaccuracies, product inaccuracies, unlawful items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of BidOnUSA.com, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site. You understand and agree that it is the seller's and the buyer's responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that BidOnUSA.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction. This Agreement and the terms and conditions herein, shall be governed by the laws of the State of California without regard to its conflict of law provisions. You further submit to the legal jurisdiction of the state of California and agree that any legal action or proceeding regarding this Agreement and the relationship between you and BidOnUSA.com, whether it be on a local, state, or federal level, shall be brought within the county of Los Angeles, California. You and BidOnUSA.com agree that any cause of action arising out of or related to the BidOnUSA web sites must commence within one(1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Disclosure ******************************************* top of page The services herein are offered by BidOnUSA's. Any Inquiries can be made to the following address: BidOnUSA.com Legal Department 1928 Hancock St. Los Angeles, CA 90031 The section titles in this agreement are solely used for the convenience only and have no legal or contractual effect.

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