Auction Nitro Terms and Conditions

User Agreement

The following are the terms and User Agreement (or “Agreement”) on which AuctionServices.com, Inc. (also possibly referred to herein as “We”, “Our”, or “Us”) offers you access to Our services (“Service”, “Services”, “the Service”, “Site” or “the Site”) operating under the name “Auction Nitro”, “AuctionNitro”, or “AuctionNitro.com” and related names, entities, Internet domain names, subdomains, and sites.

This Agreement describes the terms and conditions applicable to your use of Our services available under the domain and sub-domains of AuctionNitro.com and the general principles for the website. Do not use or access Our services if you do not agree to be bound by the terms and conditions of this Agreement.

If you have any questions, please contact Us using the provided contact form under the “Contact Us” link at the bottom of the Site.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site.
We strongly recommend that, as you read this User Agreement, you also access and
read the information contained in the other pages and websites referred to in
this document, as they may contain further terms and conditions that apply to
you as a Site user.

We may amend this User Agreement at any time with or without notice by posting the amend terms on the Site. All amended terms shall automatically be effective when posted on the Site. It is your responsibility to maintain awareness of such changes and review this User Agreement on a regular basis to ensure you understand and agree to it regardless of whether we notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Us. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective as of February 2008 for all previously existing users.

Membership Eligibility

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or temporarily or indefinitely suspended Site members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Site account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind said business entity to this Agreement.

Fees and Services

Joining and bidding on items at the Site is free. We may, at our discretion, charge fees for listing and selling items through the Site, and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective when enacted and may or may not be made with notice of the changes prior to posting the changes on the Site. In addition, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

Auction Nitro and AuctionServices.com are not auctioneers

The Site is a venue to allow auctioneers, businesses, and individuals the ability to offer, sell, and buy items in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." Although the Site may be commonly referred to as an online auction web site and affiliated with professional auctioneers, it is important to realize that We are not a traditional "auctioneer." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety, or legality of the items advertised; the truth or accuracy of the listings; the ability of sellers to sell items; or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer; and nothing in this agreement shall modify the governing provisions, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

Fixed Price Marketplace

We offer buyers the availability to purchase items at a fixed price from a service on an area of the Site. This area is a venue that allows users to find and purchase items from other users at a fixed price.

Identity Verification

We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Auction Nitro cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you
are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release

Because we are a venue, in the event that you have a dispute with one or more users, you release Auction Nitro (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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.

Information Control

We do not control the information provided by other users that is made available through our system. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and We are not responsible for the acts or omissions of users on the Site. Any user, at any time, may bring abuse of the Site to our attention by submitting an abuse report using the forms and software provided as part of the Service.

Bidding and Buying.

As a buyer, you are obligated to complete the transaction with the seller:

• if you purchase an item through one of our fixed price formats; or
• if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the item is listed in a category classified as having a Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement.

By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; you cannot authenticate the seller's identity; or when the seller does not confirm your purchase in the Auction Nitro area of our services. If you choose to bid on mature audience items or items that are restricted to adult use or restricted for use by law or otherwise in particular locales, you are certifying that you have the legal right to purchase such items.

Listing and Selling

Listing Description

You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. There are no links to other sites permitted on Auction Nitro unless said links are required for additional information regarding a listing.

Binding Bids

Except for items listed in a category under a Non-binding Bid Policy, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

Fraud

Without limiting any other remedies, Auction Nitro may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Manipulation

No individual or entity (including you, bidders, and sellers) may manipulate the price of any item nor may you interfere with other users’ listings or transactions.

Your Information

Definition

"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email or communication feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Restricted Activities

Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in categories specifically designated for content intended for mature audiences and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (j) are prohibited under this Agreement; (k) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (l) are concurrently listed for sale on a web site other than the Site (this does not prevent linking to or advertising a Site item from another web site); or (m) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us any associated fees (for example, a listing fee or final value fee), could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any of our policies regarding Prohibited, Questionable and Infringing Items.

License

Solely to enable Us to use the 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, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with our Privacy Policy.

Access and Interference

The Site may at any time change, modify, include, or otherwise implement robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. 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 or using the facilities, software, and services provided to automate such actions in accordance with the policy for their use. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the Our prior expressed written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Feedback

Integrity

You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. This limitation may or may not include suspension of your membership, and you may be unable to list or bid.

Export

You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Us, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Site users, you agree that you shall not market or export your Site feedback rating in any venue other than a website operated by Us.

Import

We do not provide you the technical ability to import feedback from other websites to the Site because a composite number, without the corresponding feedback, does not reflect your true online reputation within our community.

Legal

Breach

Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We may, at our discretion, use third parties to verify and certify our privacy principles. Our current Privacy Policy is available. If you object to your Information being transferred or used in this way please do not use our services.

No Warranty

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limit

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US FOR THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency

We and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Binding Arbitration

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or We may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court

Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Roanoke County, Virginia. We and you agree to submit to the jurisdiction of the courts located within the County of Roanoke, Virginia.

Alternative Dispute Resolution

Alternatively, We will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Roanoke County, Virginia or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected by Us.

Legal and Attorney Fees

Should you, We, or our officers, subsidiaries, partners, suppliers, or other related or third parties take any action resulting in the accumulation of legal or attorney fees, you, or the third party involved in such action, and not Us, or our officers, subsidiaries, partners, or suppliers are responsible for paying all associated costs, legal fees, attorney fees, and filing fees unless otherwise specified by a court of competent, legal, jurisdiction located in Roanoke County, Virginia (or higher court in the case of an appeal).

General

This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia as such laws are applied to agreements entered into and to be performed entirely within Virginia between Virginia residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Auction Nitro or AuctionServices.com, in our sole discretion. 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. All Sections pertaining to Fees and Services with respect to fees owed for our services, Release, License, Access and Interference, Liability Limit, Indemnity, Resolution of Disputes shall survive any termination or expiration of this Agreement.

Disclosures

The services hereunder are offered by AuctionServices.com, Inc.

Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available from the websites for vendors of such software, hardware, and services or other analogous sites providing information on such protections. Such information is provided for information purposes only, and is not intended as an endorsement of said site, services, or policies. We are not affiliated with any such services in any way shape or form.

Disputes between you and Us regarding our services may be reported to our Customer Support using the “Contact Us” for provided on the Site. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.