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This User Agreement is intended to promote trust and honesty within the FDCAuctionCentral Community. THE FOLLOWING USER AGREEMENT OUTLINES THE TERMS AND CONDITIONS UNDER WHICH FDCAUCTIONCENTRAL OFFERS YOU ACCESS TO AND USE OF OUR SERVICES. FDCAuctionCentral reserves the right to change or amend this agreement at any time. Changes or amendments will be posted on our site 30 days prior to any such amendment taking effect. 1. Membership Eligibility To use our services, you must be at least 18 years of age, and be able to form a legally binding contract(s) in accordance with all applicable laws. Minors are not permitted to use our services. 2. FDCAuctionCentral Serves Only as a Venue. FDCAuctionCentral is an internet website on which individual registered users post ads offering merchandise which they posses and wish to sell in an open auction environment. Registered users may also bid on or buy such merchandise. FDCAuctionCentral serves only as a venue in which individual sellers and buyers may trade between each other. We have and assume no control, or liability of the safety, quality, or legality of items being listed, advertised, or auctioned, on our site. Because of this, we can offer no guarantees, or liabilities that bidders will complete the purchase of items on which they have bid, or sellers will sell the item(s) they have advertised. 3. User Authentication FDCAuctionCentral offers no confirmation that any individual user(s) is who he or she may claim to be. In an effort to prevent fraud, we recommend contacting the person you intend to sell to or buy from, to get a better understanding of whom you are dealing with. FDCAuctionCentral makes available a user controlled feedback rating system. This gives users an understanding of what other registered users have said about dealing with the person in question. To view a User's feedback profile, simply click Auction Watch from the Info Booth or click on the indiviuals handle selling a particular item. FDCAuctionCentral cannot get involved in dealings between users. Should you have a dispute with a user or users, you waive and release FDCAuctionCentral (and our employees and agents) from any damages or claims (consequential and actual) of every kind or nature, suspected and unsuspected, known and unknown, disclosed or undisclosed, arising out of or in any way connected with such disputes. For legal purposes, FDCAuctionCentral will not try to control any information that other users provide through our system. Other user's information may be inaccurate, mislabeled or deceptively labeled, harmful, or offensive. You are expected to use good judgment and common sense when using this site. 4. Selling and Listing Listings consist of text descriptions, or graphics and pictures on FDCAuctionCentral web site that are supplied by you with either (1) the text describing the item you are listing for auction, or (2) a link to the text, graphics and picture(s) describing the item you are listing for auction. You may post on FDCAuctionCentral site either or both of these listing types which you should place in their appropriate category, as required by FDCAuctionCentral. If you receive one or more bids at or above your stated minimum or Reserve Price, then you are obligated to complete the transaction. You may not e-mail bidders in a currently open auction being run by a different seller, offering similar or the same item at price levels below the current bid (Bidder Soliciting), nor may you use an alternate User ID to place bids on your own auction to make your auction a hot auction. 5. Bidding and Buying If you bid on an item and your bid is accepted by the seller, you are obligated to complete the transaction. Placing a bid is considered a legal, binding contract in most states. Bids are not retractable except in exceptional circumstances such as the seller materially changed the description of the item after your bid or there are clear typographical errors. You may not bid in a way that brings other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder. 6. Fees Our current fees and credit policies are available by clicking here. All fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes, and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us, or access our servers. We may at our sole discretion add to, delete or change some or all of our services at any time. 7. Your Information Your information includes, but is not limited to, any information you provide to FDCAuctionCentral or other users, during the registration, bidding, or listing process in any public message area, or through any e-mail feature defined herein as "Your Information". 7.1 You are solely responsible for any and all parts of your information. FDCAuctionCentral acts as a passive conduit for your on-line publication and distribution of your information. However, we take any action regarding such information that we deem appropriate or necessary, at our sole discretion if we believe it may create liability for us or may cause us to lose (in part or whole) the services of our suppliers or Internet Service Providers. 7.2 Your information and the sale of your item(s) on FDCAuctionCentral: (a) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not be obscene or contain child pornography or otherwise pornographic or indecent; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not link directly to or include descriptions of goods or services that: (e.1) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (e.2) are concurrently listed for auction on a web site other than FDCAuctionCentral; or (e.3) you do not have a right to link to or include; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Furthermore, you may not post on our site or sell through our site any item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation. 7.3 Solely to enable FDCAuctionCentral to use your information you supply us with so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. FDCAuctionCentral will only use your information in accordance with our Privacy Policy. 8. Non-Price Manipulation Sellers may not manipulate the price of their item either by using a shill (a secondary account or third party) or by bidding themselves. 9. System Integrity You nor any parties affiliated to, contracted by, or created by you, may not use any device, software or routine to interfere or attempt to interfere with the proper working of the FDCAuctionCentral site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You shall not share or disclose your password to any other parties, or use your password for non-authorized purposes. 10. AuctionRate (our feedback system) You may not take any actions which may undermine the integrity of the feedback system such as: leaving positive feedback for yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties (feedback sabotage); or leaving negative feedback if a user fails to perform some action that is outside the scope of the auction (feedback coercion). 11. Breach We may terminate your membership and any of your current auctions immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. 12. Privacy To view our current privacy policies click here. 13. No Warranty WE AND OUR SUPPLIERS PROVIDE THE FDCAUCTIONCENTRAL WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state. 14. Limit of Liability IN NO EVENT SHALL FDCAUCTIONCENTRAL OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. 15. General Compliance With Laws You shall 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. 16. No Agency You and FDCAuctionCentral are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. 17. Notices Except as explicitly stated otherwise, any notices shall be given by e-mail to mail@fdcauctioncentral or to the e-mail address you provide to FDCAuctionCentral during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to FDCAuctionCentral during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 18. General This Agreement shall be governed in all respects by the laws of the State of Massachusetts as such laws are applied to agreements entered into and to be performed entirely within Massachusetts and between Massachusetts residents. Both parties submit to jurisdiction in Massachusetts and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Massachusetts. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 19. Disclosures The services hereunder are offered by FDCAuctionCentral, Inquiries to: 804 Broadway, Raynham, MA. 02767-1797. Fees for our services are described here. |