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USER AGREEMENT
Terms and Conditions for using this site,
ETHICALAUCTIONS.COM
AGREEMENT · TERMS AND CONDITIONS
Welcome to ETHICALAUCTIONS.COM, the online trading
community.
These terms and conditions are intended to assist keeping
ETHICALAUCTIONS.COM a Safe & ETHICAL place to trade.
1.1 Acceptance of terms and conditions: The terms and
conditions are the terms on which ETHICALAUCTIONS.COM offers you access to
the services and the web site. By registering as a member of
ETHICALAUCTIONS.COM you accept these terms and conditions. If you do not
accept these terms and conditions, you must refrain from using the services.
By completing the registration process to become a Member of the Service, you
expressly agree to be bound by this Agreement and these Terms &
Conditions. The Service provided by ETHICALAUCTIONS.COM is only available to
individuals who can make legally binding contracts. The services provided by
ETHICALAUCTIONS.COM are not available to minors and/or those individuals
under the age of 18 years old and any other individuals who are legally
prohibited from entering into binding contracts.
1.2 Amendment of terms and conditions: These terms and
conditions may be amended in whole or in part by ETHICALAUCTIONS.COM from
time to time. Amendments will be effective immediately upon posting of the
amended terms and conditions on this web site. You are responsible for ensuring
you are familiar with the latest terms and conditions. Your continued use of
the services represents your agreement to be bound by the terms and
conditions as amended. Your continued use of the Service constitutes an
affirmative:
A. acknowledgment by you of these Terms and
Conditions and any modifications; and
B. agreement by you to abide and be bound by
these Terms and Conditions, including any modifications. ETHICALAUCTIONS.COM
reserves the right to terminate your registration with the Service at its
discretion.
Should you object to any of these Terms and Conditions or
any subsequent modifications thereto or become dissatisfied with the Service
in any way, your only recourse is immediately to:
A. discontinue use of the Service;
and
B. terminate
Service membership by notifying ETHICALAUCTIONS.COM These terms and
conditions were last updated March 6, 2008.
1.3 Terminology:
In these terms and conditions, the following expressions
have the meanings set out: 'item', 'items' means goods that may be bought or
sold through the auction or classified process; 'member' means a registered
member of ETHICALAUCTIONS.COM; 'services' means any one or more of the
services offered by ETHICALAUCTIONS.COM from time to time, including online
auctions, classifieds, message boards, and chat rooms and any other service
that ETHICALAUCTIONS.COM may offer; 'we', 'us' and 'our' are a reference to
ETHICALAUCTIONS.COM 'you' and 'your' are a reference to you; 'web site' means
any ETHICALAUCTIONS.COM web site through which the services are offered; and
'listing' means a listing on the web site through which you offer, negotiate
and buy or sell any item, whether by auction or classified.
SPECIFIC
WARNINGS
2.1 The services
ETHICALAUCTIONS.COM provides a venue to introduce members who want to
buy and sell items. ETHICALAUCTIONS.COM does not take any part in the sale of
items other than by providing our web site as a venue for members. If a
seller accepts a bid, a contract of sale will be formed between the buyer and
the seller directly. We do not act as agent for either party and do not
participate in any sale or transaction between you and other members. As a
result, even though some of the services referred to as an auction,
ETHICALAUCTIONS.COM is not an auctioneer in any legal sense in any
jurisdiction.
2.2 At your own risk:
Transactions and all other contact between you and other
members are conducted entirely at your own risk. You agree that
ETHICALAUCTIONS.COM takes no responsibility or liability for any misconduct
of any of its members including, without limitation, members that have
registered under false pretenses or who attempt to defraud you.
ETHICALAUCTIONS.COM gives no undertakings, representations, or warranties in
relation to items sold or listed on the web site, including:
A. As to ownership of any item;
B. as to the content, safety,
description, worthiness, quality, or legality of the items that are listed on
the web site;
C. as to the accuracy or truth of
listings;
D. that any item will meet your
requirements or expectations; or e. about the ability of members to complete
a transaction.
2.3 Disclaimer:
You expressly understand and agree that:
A. Your use of the services is at
your sole risk. The web site and services are provided on an "as
is" and "as available" basis. To the maximum extent permitted
by law and without limiting clause
2.2,
ETHICALAUCTIONS.COM disclaims and excludes all implied conditions or
warranties, including, but not limited to,
A. any warranties of
merchantability, fitness for a particular purpose, and non-infringement;
B. ETHICALAUCTIONS.COM does not
warrant that
I. the
Service will meet your requirements,
II. the services provided will be
uninterrupted, timely, secure, or error free, or
III. that any
information (including feedback) provided on the web site is error-free or
reliable;
C.
no advice or information that is obtained by you from
ETHICALAUCTIONS.COM or anyone else shall create any warranty by
ETHICALAUCTIONS.COM that is not expressly stated in the terms and conditions;
and d. responsibility for the content of advertisements appearing on this web
site (including hyperlinks to advertisers' own websites) rests solely with
the advertisers. The placement of such advertisements on the web site does
not constitute ETHICALAUCTIONS.COM's recommendation
or endorsement of the advertised product or service. Each advertiser is
solely responsible for any representation made in connection with its
advertisement.
2.4 Liability:
You agree that, to the maximum extent permitted by law,
any and all liability and responsibility of ETHICALAUCTIONS.COM to you or any
other person under or in connection with these terms and conditions, or in
connection with the services, this web site, another Member's acts or
omissions, or your use of or inability to use, the services or this web site
is excluded regardless of whether such liability arises in contract, tort
(including negligence), equity, breach of statutory duty or otherwise.
ETHICALAUCTIONS.COM liability and responsibility is excluded in respect of
any and all loss or damage, whether direct or indirect, including, without
limitation, loss of profits, loss of data, loss of business or anticipated
savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity:
You hereby agree to
release, indemnify and keep indemnified us from and against all actions,
claims, costs (including legal costs and expenses) losses, proceedings,
damages, liabilities, or demands suffered or incurred by us to any person
arising out of or in connection with your failure to comply with these terms
and conditions, your failure to completed a transaction, your use of
ETHICALAUCTIONS.COM message boards and chat rooms, your sale or attempted
sale of an item prohibited under clause 4.4(e), or arising out of any content
or item you submit, post, transmit, or make available through the services.
2.6 Breach:
Without limiting any other rights and remedies available
to ETHICALAUCTIONS.COM, ETHICALAUCTIONS.COM may limit your activities on the
web site, remove your bids or listings, warn other members of your actions,
issue a warning to you, suspend or terminate your membership, or refuse to
provide our services to you if you breach these terms and conditions or where
ETHICALAUCTIONS.COM considers it appropriate.
2.7 Promotions of Advertisers
From time to time, ETHICALAUCTIONS.COM may communicate via
email items that may be of interest to you as a Member of the Service if and
only if you have agreed upon registration or subsequently to receive such
emails. ETHICALAUCTIONS.COM may also sell or make available to Advertisers
online advertising using the web pages of the Service. You may enter into
correspondence with or participate in promotions of the Advertisers showing
their products on the Service. Any such correspondence or promotions,
including the delivery of and the payment for goods and services, and any
other terms, conditions, warranties or representations associated with such
correspondence or promotions, are solely between you and the Advertiser. ETHICALAUCTIONS.COM
assumes no liability, obligation or responsibility for any part of any such
correspondence or promotion. You agree to pay all sales, use, value-added,
personal property or other governmental tax or levy imposed on goods or
services (if any) that you purchase through the Service.
BECOMING A
MEMBER
3.1 Becoming a member is free.
You may only register as a member if you can form a
legally binding contract that is enforceable against you. For example, you
must be 18 years old. By registering as a member, you warrant that you can
form a legally binding contract. Membership is non-transferable.
3.2 Accurate Information:
You warrant that you have provided complete, accurate and current
personal information when registering as a member. You must maintain and
update your personal information held by ETHICALAUCTIONS.COM to ensure it is
kept current at all times. You must not register as a member under multiple
identities or personas (whether false or not). ETHICALAUCTIONS.COM may phone
or mail you to verify these details.
3.3 Termination of membership:
ETHICALAUCTIONS.COM reserves the right to decline to
register or to terminate your membership without entering into further
discussions with you. Without limiting the foregoing, ETHICALAUCTIONS.COM may
terminate your membership if a serious complaint or multiple complaints are
received about you from other members, you breach these terms and conditions,
you impersonate another member, or we, at our sole discretion, deem your
behavior to be unacceptable. Members who have registered under multiple
aliases will have all of their aliases disabled. Registered members may
request their membership to be closed at any time, however, ETHICALAUCTIONS.COM
will not process the request for any member currently holding the highest bid
on an open auction until such time that the member loses status as the high
bidder or the auction closes. Additionally, sellers with open listings may
not close their account until all current auctions are ended and all
outstanding fees are settled. To request your account to be closed, send an
email request to Service@ETHICALAUCTIONS.COM including your User Name and
reason for the request.
3.4 Security of your Login Information:
You are responsible
for keeping your login information, including your email address and
password, secret and secure. Without limiting the foregoing, you agree: a.
not to permit any other person to use your user name or membership; and b.
not to disclose, or provide to any other person, your password, email
address, or any information that may allow them to gain access to your
membership; and c. That you are entirely responsible for any and all
activities, which occur under your user ID and password; and d. To
immediately notify ETHICALAUCTIONS.COM of any unauthorized use of your user
ID or any other breach of security of which you become aware.
3.5 Levels of Membership.
See table below.
GENERAL RULES
4.1 General
A. All listings, bids or communications
made through ETHICALAUCTIONS.COM shall be made in good faith.
B. You must not attempt to damage,
interfere or harm the web site or services, or any network, or system
underlying or connected to them, including by using a robot, spider, scraper or
other automated means to access the web site or information feature on it for
any purpose.
C. You shall not list your email
address, phone number or any other contact detail within the description of
listings, listing comments and/or questions, in your member profile, or in
the ETHICALAUCTIONS.COM message boards.
D. You can list auctions and
classifieds in any world currency. All tax obligations are the responsibility
of the seller and/or the buyer (as the parties determine).
E. You must not complete a transaction
outside of the ETHICALAUCTIONS.COM process or otherwise seek to avoid
ETHICALAUCTIONS.COM final value fees (FVF). Attempts by you to avoid fees,
including through multiple memberships, premature auction withdrawal, or
otherwise, may result in ETHICALAUCTIONS.COM suspending or terminating your
membership at the discretion of ETHICALAUCTIONS.COM.
F. You must not use the services
or the web site to promote items for sale outside the services.
G. ETHICALAUCTIONS.COM memberships
are not transferable and therefore cannot be sold or traded.
4.2 Items listed for Sale
ETHICALAUCTIONS.COM
does not own, warehouse or sell any of the products displayed on this site
(unless specifically disclosed). Payment and Shipping terms are agreed upon
between seller and buyer; ETHICALAUCTIONS.COM is not involved in the
transaction. Members agree to release ETHICALAUCTIONS.COM from any disputes,
claims, demands, and/or damages evolving from the use of this service. Buyers
and sellers must ensure that participation in the auction does not violate
any applicable local, state, federal or international laws or Regulations. By
this we mean that you must check that you are entitled to sell or buy the
relevant item and that you are not prohibited from doing so by any law or
regulation. You may place any goods or service that you have the right to
sell up for auction. If ETHICALAUCTIONS.COM does not think your lot is
appropriate for any reason, we reserve the right to delete your lot
altogether. ETHICALAUCTIONS.COM disclaims any warranties expressed or implied
on products or services listed on this site. ETHICALAUCTIONS.COM does not
take responsibility for the quality of the lots listed on the Service. This
includes, but is not limited to, mistakes and typographical errors entered by
a seller. If you are not sure whether you are entitled to sell or buy you
should take professional advice. You should specifically take advice in
respect of the sale and purchase of prescription medicines. Items that are
expressly prohibited to be listed include, but are not limited to:
A. Goods or services that infringe
anyone's copyright, trademark, patent or other proprietary rights WARNING: It
is a criminal offence to advertise or offer to sell a copy of a software
program that you know, or ought reasonably to know, is a counterfeit or
pirate copy.
B. Counterfeit or other illegal
item
C. Goods or services that are
illegal for you to sell in the circumstances of your auction under any local,
state, federal or international law, statute, ordinance or regulation
D. Goods or services that infringe
or violate anyone's rights of privacy or publicity
E. Instructions to perform an
illegal activity or procure goods or services in an illegal manner
F. Stolen merchandise
G. Boxed animals, posted or
otherwise
H. Goods or services, which if
sold through the Service, would cause ETHICALAUCTIONS.COM to violate any
applicable local, state, federal or international law, statute, ordinance or
regulation
I. Tobacco products
J. Poisons
K. Human tissue and/or human body
parts
L. Listings containing
pornographic or similarly objectionable content, links, pictures, banners or
language. ETHICALAUCTIONS.COM will delete a listing of any such nature upon
becoming aware it is a prohibited item or notification by a legitimate authority.
The seller of such listings may be subject to suspension at
ETHICALAUCTIONS.COM discretion.
4.3 Your Obligations as a Member
Your right to use
the Service is personal to you. You agree that without the prior written
consent of ETHICALAUCTIONS.COM you shall not resell the Service or use the
Service for the transmission of commercial solicitations or for the receipt
of responses to commercial solicitations. You agree not to, for a commercial
purpose, upload, transmit, reproduce, distribute or participate in the
transfer or sale, or in any way exploit, any content obtained through the
Service. You agree to refrain from sending unsolicited offers to purchase
goods, chain letters or other commercial email to other users. You agree not
to "harvest" or use "robots" to gather email addresses
from the Service for solicitation or other offers. You agree not to use the
Service for the transmission of (or receipt of responses to) chain letters,
lotteries, gambling or pyramid schemes of any kind. You agree not to use the
Service to disseminate any message in a broad-based mailing without the prior
written permission of ETHICALAUCTIONS.COM You agree not to forge
communications or take any other action that would disguise the origin of
communications transmitted by you through the Service. You agree not to
permit another person to transmit communications that falsely identifies your
account as the origin of such communication. You are solely responsible for
the contents of your transmissions through the Service. Your use of the
Service is subject to all applicable state, national and international laws
and regulations. You agree not to interfere or disrupt networks connected to
the Service, and to comply with all regulations, policies and procedures of
networks connected to the Service. You agree not to transmit through the
Service any unlawful, harassing, libelous, abusive, threatening, and harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature.
You further agree not to transmit any material that encourages conduct that
could constitute a criminal offence, give rise to civil liability or
otherwise violate any applicable state, national or international law or
regulation. Attempts to gain unauthorized access to other computer systems
are prohibited. You further agree not to use the Service in a manner that
violates any Federal, or state laws or statute including but not limited to
the sale of regulated substances to minors or the filing of fraudulent
insurance claims. ETHICALAUCTIONS.COM retains the right, at its sole
discretion, to determine whether or not your conduct is consistent with the
letter and spirit of these Terms and Conditions and may, at its sole
discretion, immediately terminate your use of the Service if your conduct is
found to be inconsistent with these Terms and Conditions, or may be referred
to the appropriate authorities.
4.4 Your obligations as a seller
A. Sellers and Buyers can be
located in any country in the world. Sellers must acknowledge that some care
must be taken in accepting bids outside their own country. It is recommended
that specific payment instructions are included in the auction details.
B. Placing an item for auction
obliges a seller to sell the item to the highest bidder once reserve has been
met. Listing an item for auction and/or other sale is an irrevocable
(non-cancellable) offer to sell.
C. You will only enter listings
that are accurate, current, complete, and include all relevant information
about the terms of sale, payment terms, shipping methods and who bears the
cost of shipment. You must list an item in one category only that must be the
most appropriate category for your item. ETHICALAUCTIONS.COM reserves the
right to move listings from one category to another as appropriate.
D. You will only place listings
for items that exist and are to be sold. You will not list items that you are
not legally entitled to sell or that are not in your possession. [You may not
list a human body or body parts for sale on this site. This includes such
items as sperm, organs, eggs, excrement, and bone.
E. You must not sell illegal,
offensive (including anything of a defamatory, pornographic, or racially or
ethnically objectionable nature), stolen, or unsafe items, items which
infringe copyright or other intellectual property rights, items which have
been illegally imported or which would require illegal import or export in
order to complete the transaction, or any item of which the sale is
prohibited by, or violates any, law. You are responsible for ensuring that
any item listed by you does not breach this clause 4.4(e). You agree that
ETHICALAUCTIONS.COM may disclose your personal information, including your
name and contact details, to the relevant authorities, parties and/or the
applicable intellectual property right holders (or their representatives) if
we consider that you are in breach of this clause 4.4(e) at any time.
F. When you list an item for
auction on ETHICALAUCTIONS.COM, you should do so with the intention of
selling this item through the site. Therefore you should not advertise your
item through another forum. If you remove a listing for an auction after
bidding has begun, you will incur a non-refundable withdrawal fee, regardless
of the reason. Items posted for auction must be available at the time of listing
unless otherwise specified in the item's description. If the item is not
available for immediate shipment upon the initiation of the auction, the
seller must clearly state that the auction is a pre-sale and must provide the
date that the items will become available.
G. A seller may only remove their
item from auction if the item becomes unavailable due to damage or if the
auction was erroneously posted twice. The sales transaction fee charged to
the seller's account, being the total amount charged for the Service provided
by ETHICALAUCTIONS.COM, would not be refunded. A
non-refundable withdrawal fee will also be charged. The seller is responsible
for contacting the existing bidders to inform them that the item is no longer
available.
H. ETHICALAUCTIONS.COM classifieds
may be used by individuals or businesses to sell specific items and services
only and must not be used for multiple (except through a Dutch Auction) or
generic item listings.
I. Your listing may contain a URL
for a website that contains further information on the item you have listed.
However this website must not offer any items for sale, or contain contact
details. You must not use ETHICALAUCTIONS.COM listings to promote a business
or web site other than a ETHICALAUCTIONS.COM web
site except through the services section.
J. You must not use the services
or the web site to sell items that are of a speculative nature including, but
not limited to pyramid, multi-level marketing, network marketing,
surf-for-free, or similar schemes.
K. You must not manipulate prices
through ghost (shill) bidding or assuming multiple roles in a single
transaction.
L. For auctions, you must sell to
the highest bidder if the reserve price is met. You must only sell to a
bidder who is not the highest bidder after reasonable attempts have been made
to contact the winning bidder without success. Sellers who refuse to sell,
winning bidders and/or other buyers who refuse to pay or otherwise complete a
sales transaction, and any other Members who abuse the Service or otherwise
act contrary to the Terms and Conditions may be denied continued Membership
at ETHICALAUCTIONS.COM sole discretion. ETHICALAUCTIONS.COM cannot force
sellers to sell their merchandise and cannot force bidders to purchase the
merchandise successfully bid on.
M.For classifieds, you may choose to sell to any buyer at your
discretion.
N. Listings are not pre-screened
for content. ETHICALAUCTIONS.COM reserves the right to remove any listing
that it deems unsuitable or in breach of the terms and conditions.
O. You must not link a listing to
any page outside the web site unless the page directly promotes the sale of
the items in the listing, and does not contain any contact details.
P. You must promptly forward the listed
item to the successful buyer on completion of the transaction.
Q. You must not charge
unreasonable amounts for shipping and packaging costs.
4.5 Your obligations as a buyer
A. Your bids are not retractable
and you must only place a bid if you intend to buy the relevant item at the
bid price entered. Reasonable allowances should be made for postage where
applicable. Contact the seller if unsure about any part of the auction
details, including postage rates.
B. If you are notified that your
bid has been successful, you must complete the transaction in the manner
specified. By making a bid, you warrant and represent that you have the legal
right to enter into and complete the transaction.
C. You must make full and prompt
payment for an item bought by you.
D. You agree to your username and
the amount of your bid being publicly shown on the ETHICALAUCTIONS.COM
website.
E. If your bid is successful and
you do not pay for the item, you will receive a warning from
ETHICALAUCTIONS.COM if the seller complains about you. After 3 such
complaints, ETHICALAUCTIONS.COM may suspend or terminate your membership.
F. You may not bid on an auction
that has been listed by a family member, friend or any member that is
personally known to you, in order to raise the price of that auction.
4.6 Feedback
ETHICALAUCTIONS.COM
provides a ratings service for buyers and sellers to provide feedback and
commentary on the performance of other buyers and sellers in the context of
specific completed transactions.
A.ETHICALAUCTIONS.COM will not
remove or edit postings to the public display areas including ratings and
feedback comments, unless
I. the
Posting Member resigns from the Service
II.
Administrative analysis warrants such removal
B. Members are not permitted to
post positive ratings and feedback comments on themselves using their primary
or secondary membership accounts or through third parties.
C. Negative feedback. Members will
receive one warning email if their feedback record falls to -1 net negative ratings. If a membership account accrues a -2 net negative
feedback rating, the account will be suspended from further activity. If the
negative comments are retracted, membership may be reinstated at the
discretion of ETHICALAUCTIONS.COM
D. ETHICALAUCTIONS.COM shall be in
no way liable to any party at any time for the content of ratings and
comments posted on the Service by Members.
You hereby agree to indemnify, defend and hold
ETHICALAUCTIONS.COM, its affiliates, subsidiaries, parents, shareholders,
directors, officers, employees, agents and representatives harmless from and
against any and all claims, loss, damage, tax, liability and/or expense that
may be incurred by ETHICALAUCTIONS.COM, its affiliates, subsidiaries,
parents, shareholders, directors, officers, employees, agents and
representatives arising out of or in connection with comments and rating
scores made by you or made about you by other Members. You further agree to
take no legal action nor threaten legal action of any kind and at any time
against any party in relation to the ratings and commentary service; and
agree to deal with any disputes concerning the ratings and commentary service
solely in accordance with the provisions of the Terms and Conditions.
A. Feedback you provide on other
members must not contain offensive, defamatory or inappropriate language.
ETHICALAUCTIONS.COM reserves the sole right to determine what is considered
offensive, defamatory or inappropriate language.
B. You may only give member
feedback that relates to a specific transaction. You must not post feedback
on a transaction that does not relate to that specific transaction.
C. You must not post feedback
about yourself or include any contact details or personal information in your
feedback.
D. Feedback is provided for the sole
purpose of facilitating trading between members on the ETHICALAUCTIONS.COM
web site. You must not market or export any feedback to any venue other than
the ETHICALAUCTIONS.COM web site. Linking to your ETHICALAUCTIONS.COM
feedback from other buying and selling websites will be considered a breach
of our terms and conditions.
E. Feedback blackmail will not be
tolerated. Any member who is found to be engaging in this practice will be
deemed to be in breach of these Terms and Conditions.
FEES AND ACCOUNTS
5.1 ETHICALAUCTIONS.COM Listing Fees and Final Value Fees
A. ETHICALAUCTIONS.COM charges
fees for the use of the web site as a venue.
B. ETHICALAUCTIONS.COM current
fees are listed on our fees page below.
C. Any non-commission listing fees
are charged at the time of listing and are not refundable.
ETHICALAUCTIONS.COM may (at our sole discretion) refund a commission or final
value fee charged on completed auctions if the sale is not successfully
completed, provided that a member follows our defined refund process.
ETHICALAUCTIONS.COM will only issue refunds in the form of credit to the
ETHICALAUCTIONS.COM account of the member. Cash refunds will not be issued.
Credits on accounts with ETHICALAUCTIONS.COM are not transferable between
members.
D. ETHICALAUCTIONS.COM reserves
the right to change the fees charged for any of our services at any time. In
the event that we introduce a new service, the fees for that service are
effective at the launch of the service, unless otherwise stated.
E. The final bid price will be
deemed to include all applicable taxes in the jurisdiction that the buyer and
seller reside. It is the responsibility of the seller to ensure that such
taxes and fees are remitted to the appropriate authority ETHICALAUCTIONS.COM accepts no responsibility or
liability if the seller fails to do so.
F. Unless otherwise stated in
these terms and conditions, no interest or other financial charges will be
applied to ETHICALAUCTIONS.COM account balances.
G. ETHICALAUCTIONS.COM reserves
the right to investigate queries regarding the refund of success fees with
bidders, other members, Internet Service Providers, and any other relevant
party.
H. Before listing an item, you
should review ETHICALAUCTIONS.COM fees to ensure you are aware of the fees
that you will incur.
I. You must pay the fees
immediately upon demand by ETHICALAUCTIONS.COM.
5.2 ETHICALAUCTIONS.COM Accounts
A. All fees are shown in United States
dollars.
B. ETHICALAUCTIONS.COM maintains
credit accounts for each member and from which members must pay fees
including payment of advance listing options. ETHICALAUCTIONS.COM account may
not be used for the payment of items sold using the services.
C. This Section has been modified
(08/22/2008). There will be no
handling fees for any accounts with regard to the monthly billing balance
being less than $10.00.
D. You must settle any negative
account balance immediately. ETHICALAUCTIONS.COM reserves the right to take
action against you to recover outstanding debts. You are liable for all
expenses (including legal fees) that ETHICALAUCTIONS.COM incurs when
collecting that debt. The member will not be allowed to list any more items
until this negative balance has been cleared.
E. If your membership is
terminated ETHICALAUCTIONS.COM will refund the balance of your credit
account, less a US $5 manual processing fee that is payable to
ETHICALAUCTIONS.COM. Consequently, no refund will be made if the account
balance is below US $5. If your membership is removed due to breach of our
terms and conditions it is at our discretion whether you are eligible for a
refund. Promotional giveaways of ETHICALAUCTIONS.COM credits, bonus credits,
or any free credits gifted to the member on registration will not be
refunded.
F. If you have not logged on to
the web site for a period of 24 months (two years), any unused balance on
your account is forfeited to ETHICALAUCTIONS.COM and your membership will be
suspended.
G.
Payment for fees may be in the form of: Personal Check, Money Order, Credit Card
(Visa, MasterCard, Discover Card), or PayPal.
We will normally bill you through your Credit Card, which is why
sellers must include their Credit Card Information to qualify as a seller.
GENERAL
PROVISIONS
6.1 System Integrity:
ETHICALAUCTIONS.COM
will use its reasonable endeavors to ensure the availability of the web site
and services, subject to any downtime required for maintenance. However,
ETHICALAUCTIONS.COM takes no responsibility for any system unavailability, or
for any loss that is incurred as a result of web site or services being
unavailable. Further, ETHICALAUCTIONS.COM assumes no responsibility for the
corruption of any data or information held by ETHICALAUCTIONS.COM.
6.2 Resolution of disputes:
As ETHICALAUCTIONS.COM is not a party to any sale or
transaction between you and another member, you agree not to involve, or
attempt to involve, ETHICALAUCTIONS.COM in any dispute or in the resolution
of disputes that arise between you and another member as a result of the
services provided.
6.3 ETHICALAUCTIONS.COM message boards and chat rooms:
ETHICALAUCTIONS.COM provides Message Boards and Chat Rooms
for the use of ETHICALAUCTIONS.COM members. The Message Boards and Chat Rooms
may not be used to promote auctions, web sites or any commercial or business
activity. ETHICALAUCTIONS.COM is not responsible for any of the opinions
expressed in the Message Boards and Chat Rooms. By posting a message to the
message board or chat room you agree to take full legal responsibility and
liability for your comments, including for offensive or defamatory
statements.
6.4 Force Majeure:
Without prejudice
to clause 2.3(a), ETHICALAUCTIONS.COM has no liability for any lack of
performance, unavailability or failure of the services or the web site, or for any failure of ETHICALAUCTIONS.COM to comply
with these terms and conditions where the same arises from any cause
reasonably beyond the control of ETHICALAUCTIONS.COM.
6.5 No Waiver:
If we do not
exercise or enforce any right available to us under these terms and conditions,
it does not constitute a waiver of those rights.
6.6 Partial Invalidity:
If any provision of these terms and conditions becomes or
is held to be invalid, unenforceable or illegal for any reason, and in any
respect, that provision shall be severed from the remaining terms and
conditions, which shall continue in full force and effect.
6.7 Governing Law:
The laws of New York
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