Use of the SiteName web site and the services
we offer constitutes your acceptance of all terms and conditions stated in
the below User Agreement.
SiteName reserves the right to change or amend
this agreement at any time. Changes or Amendments will be posted to our site
and considered effective 30 days from the date they are posted to the site.
If you do not agree to such changes, you may request that we close your
account by contacting us.
All questions regarding this User Agreement should be
sent via email to
Legal Support .
1. Eligibility / Registration
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. If you are eligible to use our services, you must complete the
Registration process by providing SiteName with true and correct
information as required on the SiteName registration form. If the
information you provide is found to be false or non-verifiable, we may
suspend or terminate your registration and account.
2. SiteName serves only as a Venue
SiteName is an Internet site on which registered users post ads
offering merchandise which they possess and wish to sell in an open auction
environment. Registered users may also bid on or buy such merchandise. At no
time does SiteName possess, hold, or offer any merchandise for
sale or auction, nor are we involved in any part of the actual transaction.
SiteName serves only as a venue in which individual sellers and
buyers may engage in transactions between each other. Because of our
non-involvement in these transactions, it is the sole responsibility of the
seller to accurately represent the quantity, quality, safety, authenticity,
and availability of the items the seller has listed on the site.
Furthermore, it is the responsibility of the bidder/buyer to verify with the
seller any or all information about any item listed on SiteName,
for which they intend on placing a bid, before placing such bid.
SiteName can not be responsible for a sellers willingness or
ability to sell any item they have listed, or a Bidders willingness to
follow through with a transaction for an item(s) for which they have placed
a bid. We encourage open communication between buyers and sellers before and
after any transaction takes place.
3. User Verification
Because of difficulties involved with verification over the Internet,
SiteName 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.
4. Disputes and Release
Because SiteName has no involvement in transactions between users
we can not get involved in disputes between users. You hereby release
SiteName (including all officers, employees, parent companies,
contractors, suppliers, or agents) from any and all types of damages or
claims resulting from such disputes.
5. Selling on SiteName
By listing an item(s) for auction/sale on SiteName, you are
stating that you have the intention and ability to sell the item(s). You
furthermore state that any item(s) which you are offering for auction/sale
does not violate any local, state, or federal laws, regulations, or
guidelines prohibiting the sale or distribution of your item(s).
Listings may consist of any one, or a combination of the
A detailed and accurate text description of your item
A picture which you supply of your item
A link to a picture (that you own or have rights to
Listings may not contain items or information that:
Violate any state, local, or federal laws that prohibit
the sale or distribution of your item.
Infringe upon any third parties, copyright, patent or
Falsely advertise, or misrepresent the merchandise
being offered for sale.
Are sexually explicit in nature ,contain or describe
sexual acts, nudity, pornography or child pornography, or would be
classified as Adult only material. (These items may only be listed in our
Adults Only Section)
By paying a listing fee or final auction value fee to
SiteName, might cause us to violate any local, state, federal
law, regulation or guideline.
If at the close of your auction, a bid has been placed on
your auction that meets or exceeds your stated minimum bid or reserve price,
you are obligated and agree to complete the transaction with the high
bidder(s) as per the terms and conditions stated in your listing.
Sellers may not engage in the following activity:
Using a secondary UserID to place bids on your own
auction for any reason.
Soliciting bidders who have placed bids in an auction
being run by another seller offering an item similar or identical to
Listing an item in which you have a limited quantity
available, and have also listed, at the same time, on another online
Listing items which you do not have possession of at
the time of listing unless this information is clearly stated within the
If you are running a Dutch Auction, your items must be
identical in size, shape, color, and description.
6. Placing Bids
By placing a bid on an item(s) listed on SiteName, 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
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:
The seller has made material changes to the description
of the item after your bid was placed.
The seller has made a typographical error in the
description of the item.
You have contacted the seller and received their
express permission to withdraw your bid.
Bidders may not engage in the following activity:
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.
Placing bids for the purpose of exposing the sellers
reserve price, then retract your bid and bid again later with a secondary
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 SiteName, any questions you may have regarding
the sale of, or condition of the item before placing your bid.
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
There are no fees to register, bid or buy merchandise listed on
SiteName. All fees are quoted in U.S. Dollars, unless otherwise
specified. You are responsible for paying applicable taxes and any costs
that you may incur to use our services or access our web site. This
includes, but is not limited to, any such hardware, software, or service. We
may at any time add to, delete or change any portion or all of our services.
8. Personal Information
Personal information is the information that you provide to
SiteName or to other members when:
Completing the registration process.
Listing an item.
Placing a bid.
Leaving feedback comments.
Placing your credit card information on file with us.
Posting messages in any lobby area.
Using any email feature offered to you through use of
You are responsible for your personal information. In the
event that your information creates a liability to us that may cause our
Internet service provider, suppliers, agents, or contractors to sever their
services to us because of such liability, we may take appropriate actions
regarding such information.
The use of your information is explained in our current
9. Your Password
You may not disclose, share, or distribute your password to any third party.
If you feel your password has been jeopardized, you may change your password
at any time, and as often as you wish.
10. Public Chat Lobbys
SiteName provides public forums (herein referred to as "Lobbys"),
in which registered members may post messages and enjoy interacting with
other registered members. These lobbys are provided as a courtesy to the
SiteName community. SiteName is not responsible for the
content posted in the Lobbys and may not agree with the views expressed
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
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
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 SiteName staff member.
Additional guidelines may be posted, and amended,
regarding the use of our chat lobbys.
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 SiteName 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.
SiteName 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.
SiteName 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
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.
SiteName takes several steps to protect and prevent the misuse of
the personal and private information you supply us. You may review our
All notices given between both parties (You and SiteName) will be
made via email, certified 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 these
instances, unless the party sending the email is notified that the
Recipients email address in not valid, such notices will be considered given
24 hours from the time the email is sent. Notices regarding changes to the
terms and conditions of the User Agreement may be given by posting such
changes to the site, and will be considered given and effective 30 days from
the time of such posting.
15. Limitation of Liability - Non Warranty
IN NO EVENT SHALL SiteName (INCLUDING OUR SUPPLIERS, OFFICERS,
DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.
THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS
AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE
AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
You agree to indemnify and hold harmless SiteName, its officers,
employees, parent companies, subsidiaries, contractors, vendors or
affiliates, from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the
SiteName, the violation of this User Agreement by you, 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.
17. Legal Responsibility
It is your responsibility 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.
18. No Partnership / Agency
You and SiteName act as independent contractors. At no time is any
partnership, agency, joint venture, employee-employer or
franchiser-franchisee relationship intended or created by this Agreement.
19. Violation of User Agreement
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.
This Agreement and the terms and conditions herein, shall be governed by the
laws of the State of Tennessee. You further submit to the legal jurisdiction
of the state of Tennessee and agree that any legal action or proceeding
regarding this Agreement, whether it be on a local, state, or federal level,
shall be brought in Knoxville, Tennessee, or a court within the jurisdiction
of the state of Tennessee.
The services herein are offered by SiteName. Any Inquiries can be
made to the following address:
ATTN: Legal Department
Knoxville, TN 37920