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User
Agreement
This
Agreement helps keep eDebtAuction.com a safe place to buy and sell debt items.
eDebtAuction.com is built on trust, and this Agreement helps promote that trust among all
members of our community.
THE FOLLOWING DESCRIBES THE TERMS
ON WHICH EDEBTAUCTION.COM OFFERS YOU ACCESS TO OUR SERVICES. BY PRESSING
ENTERING YOUR E-MAIL ADDRESS AND THEN CLICKING THE "ACCEPT"
BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
Welcome to eDebtAuction.coms
User Agreement. This Agreement describes the terms and conditions applicable to your use
of our services. By clicking the "Accept" button, you accept the terms and conditions of
this Agreement. If you do not accept these terms and conditions or have any questions,
please contact us at info@edebtauction.com.
We may amend this Agreement at any
time by posting the amended terms on our site. If you wish to receive an email update for
each amendment to this Agreement please click the checkbox at the bottom of this page. The
amended terms shall automatically be effective 30 days after they are initially posted on
our site. This Agreement may not be otherwise amended except in a writing signed by both
parties.
1. Eligibility for
Membership: Our services are available only to individuals and businesses which can
form legally binding contracts under applicable law. Without limiting the foregoing, our
services are not available to minors. If you do not qualify, please do not use our
services.
2. Fees: Accessing
and bidding at eDebtAuction.com is free. Our current Fees and Credit Policies for selling
items are available and are incorporated herein by reference. Unless
otherwise stated, 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 in our sole discretion add,
delete or change some or all of our services at any time.
3. eDebtAuction.com is a Venue:
Our site acts as the venue for sellers to conduct auctions and for bidders to bid on
sellers auctions. We are not involved in the actual transaction between buyers and
sellers except as to the wording of sellers debt items and limited verification of
sellers debt items. As a result, we do not have full 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 buy items. We cannot and do
not control whether or not sellers will complete the sale of items they offer or buyers
will complete the purchase of items they have bid on. In addition, note that there are
risks of dealing with foreign nationals, underage persons or people acting under false
pretense. Because user authentication on the Internet is difficult, eDebtAuction.com
cannot and does not confirm that each user is who they claim to be. We also
encourage you to communicate directly with a trading partner to help you evaluate with
whom you are dealing. Please practice safe trading. If you have any concerns about your
trading partner, please consider the use of a third party escrow service or services that
provide additional user verification. Such services are available at http://pages.edebtauction.com/aw/helpful-services.html.
Because we do not and cannot be involved in user-to-user dealings, in the event that you
have a dispute with one or more users, you release eDebtAuction.com (and our agents 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. If you are a California resident, you
waive California Civil Code º1542, 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".
For legal reasons, we cannot nor do
we try to control the information provided by other users which is made available through
our system. By its very nature, other peoples information may be offensive, harmful
or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that
you will use caution -- and common sense -- when using our site.
4. Bidding and Buying: As a
bidder, if you have the highest bid at the end of the auction, at or above the minimum bid
price (or in the case of reserve auctions, at or above the reserve price), and your bid is
accepted by the seller, you are obligated to complete the transaction. Bids are not
retractable except in exceptional circumstances such as the seller materially changing the
description of the item after your bid or clear typographical errors, or when you can not
authenticate the identity of the seller. You may not bid in a way that pulls other bidders
to their maximum bid, retract the high bid, and then rebid at a small increment above the
legitimate high bidder (bid manipulation). If you choose to bid on adult items, you are
certifying that you have the legal right to purchase items intended for adults only.
5. Listing and Selling:
Listings are text descriptions on our web site supplied by you that textually describe the
item you are listing for auction. Your debt item(s) may not be posted unilaterally,
eDebtAuction.com, for legal reasons, will review your proposed listing together with
verification of your debt item and then post on our site. All Dutch auction items must be
identical and identical items must be listed in the Dutch format. If you receive one or
more bids at or above your stated minimum price (or in the case of reserve auctions, at or
above the reserve price), then you are obligated to complete the transaction with the
highest bidder, 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 identity of the buyer. You may not email bidders in a currently open auction being run
by a different seller, offering similar or the same items at any price level (bid
siphoning), nor may you use an alias to place bids on your auction for any reason.
Without limiting any other
remedies, eDebtAuction.com may terminate your account if you are found (by conviction,
settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent
activity in connection with our site. eDebtAuction.coms Legal Buddy Program works to
ensure that the items listed for auction do not infringe upon the copyright, trademark or
other rights of those third parties. Legal Buddy Program Members have the ability to
report infringing auction items, which are thereby expeditiously removed. Legal Buddy
Program Members have direct access to some of your personally identifiable information as
described in the Privacy Policy. eDebtAuction.com cooperates with Legal Buddy Program
Members (which includes local, state and federal law enforcement) in enforcement actions.
Without limiting other remedies, eDebtAuction.com will terminate your account if you
repeatedly infringe third party intellectual property rights.
6. Your Information: Your
information includes any information you provide to us or other users during the
registration, bidding or listing process, in any public message area or through any email
feature (defined herein as "Your Information"). With respect to our Information:
You are solely responsible for Your Information, and we act as a conduit for your online
distribution and publication of Your Information. However, we may take any action with
respect to such information we deem necessary or appropriate in our sole discretion if we
believe it may create liability for us or may cause us to lose (in whole or in part) the
services of our ISPs or other suppliers.
Your Information and the sale of
your item(s) on eDebtAuction.com (a) shall not be fraudulent or involve the sale of
counterfeit or stolen items; (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 violate any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
antidiscrimination or false advertising); (d) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child
pornography or, if otherwise harmful to minors, shall be posted only in the Erotica,
Adults Only section and shall be distributed only to people legally permitted to receive
such content; (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; and (g) shall not link directly to or include descriptions of debt
items that: (I) are identical to other items you have up for auction but are priced lower
than your auction item's reserve or minimum bid amount; (ii) are concurrently listed for
auction on a web site other than eDebtAuction.coms; or (iii) you do not have a right
to link to or include. Furthermore, you may not post on our site or sell through our site
any: (x) 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. Solely to enable
eDebtAuction.com 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. eDebtAuction.com will only use Your Information in accordance with our
Privacy Policy.
7. No 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.
8. System Integrity: You may
not use any device, software or routine to interfere or attempt to interfere with the
proper working of the web 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 may not disclose or share your password to any third parties or use
your password for any unauthorized purpose.
9. Feedback: 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
bombing); or leaving negative feedback if a user fails to perform some action that is
outside the scope of the auction (feedback extortion). If you earn a net feedback rating
of -4 (minus four), your membership will automatically terminate, and you will be unable
to list or bid. Because feedback ratings are not designed for any purpose other than for
facilitating trading between eDebtAuction.com users, we may terminate your account if you
choose to market or promote your eDebtAuction.com feedback rating in any venue other than
eDebtAuction.com.
10. Breach: We may
immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your
membership, any of your current auctions, and any other information you place on the site
if you breach this Agreement or if we are unable to verify or authenticate any information
you provide to us.
11. Privacy: Our current
privacy policies, available are at http://pages.edebtauction.com/aw/privacy-policy.html"and are incorporated herein by reference.
12. No Warranty: WE AND OUR
SUPPLIERS PROVIDE THE EDEBTAUCTION.COM WEBSITE AND OUR SERVICES 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.
13. Limit of Liability: IN
NO EVENT SHALL WE 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.
14. 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.
15. No Agency: You and
eDebtAuction.com are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or created by this
Agreement.
16. Notices: Except as
explicitly stated otherwise, any notices shall be given by email to eDebtAuction.com (in the case of eDebtAuction.com) or to the email
address you provide to eDebtAuction.com during the registration process (in your case), or
such other address as the party shall specify. Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to eDebtAuction.com during the registration
process. In such case, notice shall be deemed given 3 days after the date of mailing.
17. General: This Agreement
shall be governed in all respects by the laws of the State of Pennsylvania as such laws
are applied to agreements entered into and to be performed entirely within Pennsylvania
between Pennsylvania residents. Both parties submit to jurisdiction in Pennsylvania and
further agree that any cause of action arising under this Agreement shall be brought
exclusively in a court in Montgomery County, Pennsylvania. 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.
18. Disclosures: The
services hereunder are offered by eDebtAuction.com, located at 700 Lake Drive, Ambler, PA
19002-5084. If you are a California resident, you may have this same information emailed
to you by sending a letter to the foregoing address with your email address and a request
for this information. Fees for our services are described at "http://pages.edebtauction.com/aw/agreement-fees.html
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 at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on
such protections.
Please send me an email update if
this agreement is ever amended. Otherwise, I understand that amendments will be effective
when posted on the site for 30 days.
Thank you for using
eDebtAuction.com.
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