TERMS AND CONDITIONS
BY ACCESSING ANY OF THE SERVICES OFFERED BY AUCTIONS4US.COM, YOU AGREE TO EACH AND EVERY ONE OF THE FOLLOWING TERMS AND CONDITIONS:
1. AMMENDMENTS
We may amend these terms and conditions at any time, without prior notice, by posting the new rules on our site. Because the terms and conditions for use of our site may change without notice, it is recommended that all users check these terms and conditions for changes before each use of the site.
2. WHO MAY USE OUR SERVICES?
Our services are only available to those persons who can form legally binding contracts. Among others, this prohibits minors from using our services. Also, persons who have been temporarily or permanently suspended from our site may not use our services during any suspension period. Please do not use our services if you are not qualified in every respect.
3. AUCTIONS4US.COM NOT A PART OF SALE
Auctions4us.com, and all sites controlled in any way by them, provides a place for sellers to offer items for sale and buyers to bid on those items. Auctions4us.com is not involved in any way in the actual transaction between the sellers and buyers. Consequently, we have no control over any element of the sale, including, but not limited to, the quality of the item(s) offered for sale, the safety of the item(s) offered for sale, the legality or lack of legality of the item(s) offered for sale, the truthfulness of the sellers description of the item(s) offered for sale, the accuracy of the sellers description of the item(s) offered for sale, the right of the seller to offer items for sale or the capability of buyers to complete a transaction. We cannot guarantee that seller or buyer will actually finalize a transaction.
4. RELEASE
In the event you have a dispute of any type with any other user or users of the auctions4us.com website, whether private pages or public pages, any buyer or seller of any item offered on the auctions4us.com website, or any other party regarding any aspect of your use of the auctions4us.com website, you agree to release and hold harmless auctions4us.com, its parent company, its officers, its assigns, its employees, its agents, its invitees and its parent company’s stockholders, its parent company’s officers, its parent company’s assigns, its parent company’s employees, its parent company’s agents, and its parent company’s invitees harmless from claims, demands, damages (whether actual and/or consequential), and all expenses of any type which might arise out of said dispute. You further agree that this hold harmless agreement will also include any and all expenses incurred by auctions4us.com or any other person or corporation indemnified by this agreement for legal fees and preparation, which expenses are necessary in the sole judgement of the indemnified party, whether or not any suit is brought forward to judgement. If you are a California resident, you agree to waive California Civil Code Section 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."
Auctions4us.com does not control the content of information provided by users which is made available through our site. The information provided by others may seem deceitful, inaccurate, harmful or intentionally or unintentionally deceptive. Please use common sense and caution when using our site. You are also risking dealing with people who are acting under false pretenses, foreign nationals and underage people.
6. BIDDING/BUYING
Provided that you are the high bidder at the end of an auction, have met the applicable minimum and/or reserve for the subject item, and your bid is accepted by the seller, you are obligated to complete the sale with the seller, unless the transaction is forbidden by this document or relevant law. You may not rescind or retract a bid except in exceptional circumstances such as the seller materially changing the description of the item after you have placed your bid, an obvious typographical error has been made, or the sellers identity cannot be established beyond a reasonable doubt. You are warranting that you are legally able to purchase the item upon which you have bid.
7. LISTING/SELLING
You must list any item in the appropriate category. You may only include text descriptions, graphics and/or pictures that you provide for use with your listing that accurately describe the item you have listed for sale.
You are obligated to complete the transaction with the high bidder at the close of your auction if you have received at least one bid at or above your stated minimum bid or reserve amount. Only exceptional circumstances such as the buyer failing to meet the terms of the listing or failure to be able to establish the buyers identity beyond a reasonable doubt can excuse you from the obligation to complete the transaction.
We may suspend or terminate your use of our site if you are found or accused to have engaged in any form of fraudulent activity in conjunction with your use of our site.
No buyer or seller may interfere with the listings or auctions of another. Nor may they manipulate the price of any auction item in any way.
8. BREACH OF AGREEMENT
Any action which we might take in no way limits any other remedies that we may have. In the event that you violate this agreement or any other document which is incorporated by reference into this agreement, we may issue a warning, temporarily or permanently suspend, or terminate your use of our web-site and refuse to provide any further services to you.
9. NO WARRANTY
Auctions4us.com and its suppliers provide our website and all collateral services as is and without any warranty whatsoever, expressed or implied, or statutory. We specifically disclaim any warranties, expressed or implied, of title, appropriateness for a particular use, non- infringement, or merchantability.
10. LIABILITY LIMIT
Our liability to you or any third parties under any circumstances is limited to $500.00.
11. COMPLIANCE WITH ALL APPLICABLE LAWS
You shall comply with all applicable federal, state, and local laws, statutes, ordinances and regulations at all times when using our website and/or services.
12. NO RELATIONSHIP
No agency, partnership, joint venture, franchiser-franchisee, or employer-employee relationship is created or intended by this agreement.
13. NOTICES
Unless stated otherwise elsewhere in this agreement, any notice to auctions4us.com shall be given by U.S. Mail to auctions4us.com at P.O. Box 880, Upland, CA 91785 and any notice to you shall be given to the e-mail address you provided to us during your registration process. Alternatively, we may provide you notice by U.S. Mail, Certified, postage prepaid and return receipt requested, to the address you provided to us during your registration process. Notices shall be considered delivered 24 hours after an e-mail is sent and 72 hours after the time of mailing in the case of notices sent by U.S. Mail.
14. ARBITRATION
Any claim or controversy arising in any way out of this agreement or the use of our services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Upland, California.
Updated 5/3/00