MyBidSite

May. 24, 2013

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Terms and Conditions

	MyBidSite - Terms and Conditions Welcome to MyBidSite! We are glad you've chosen to visit us and are eager to be of service to you. The following are the terms and conditions under which you may use the web site of MyBidSite Inc., a Colorado corporation (herafter "MyBidSite") found at www.MyBidSite.com (hereafter "WebSite"). MyBidSite is an online auction. Your use of this Website and the services provided on or related to the Website (hereafter "Services"), is governed by this Terms of Service Agreement (hereafter referred to as Terms of Service" or "Agreement") and any disputes that may arise are governed by the policies and terms contained herein. All terms and provisions of MyBidSite (as defined below) are governed by the terms set forth herein (as well as the terms of our Privacy Policy available atwww.MyBidSite.com/privacy which are included herein by reference) as well as the additional terms set forth on the Agreement (as defined below). Your use of this Website or the Services represents your acceptance of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE OR ACCESS OUR WEBSITE OR ANY SERVICES OFFERED ON THE WEBSITE. As a MyBidSite Member, you are automatically enrolled into our Affiliate Program. The MyBidSite Affiliate Program has it's own set of Affiliate Program Terms which you agree to follow if you wish to become an active MyBidSite Affiliate. These additional Affiliate Terms are located in the Affiliate Program section of the Members Area. It is the intention of MyBidSite Inc., to create a friendly, enjoyable and useful auction experience, but as with any transaction, whether it be online or offline, there are always risks involved. We strongly advise our members to understand all of our terms and policies before joining or engaging in any activities on this or any other internet site. If you spot a listing that is in violation of any of our policies, feel free to contact us and alert us of the infraction. Your Conduct The responsibility for your actions in any transaction or interaction within this website lies solely with you. You must ensure that your participation in selling, buying, or transfer of any items does not violate any applicable laws or regulations on any level, including laws and regulations in your country and/or state. By this we mean that in participating in any interaction within this website you are assuring us that you are entitled to conduct business and that you are not prohibited by any law or regulation from doing so. You must not transmit through this service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also refrain from transmitting any material that would encourage by thought or force conduct that would constitute a criminal offense, give rise to any civil liability or otherwise violate any prescribed applicable law or regulation, whether written or implied. Membership Joining and registering for MyBidSite's Website is free. To become a registered member ("Member"), we ask you to provide certain Personal Information, as further described in our Privacy Policy. You agree to provide accurate, complete, and up-to-date Personal Information during the registration process, and to maintain the accuracy of such information while you use the Services. When you sign up to become a Member, you will be asked to choose a username and password, which will enable your access to the Service. You are solely responsible for any and all use of your username and password and for maintaining their confidentiality. You agree not to provide your username and password to any other person or to use another member's username and password at any time. You agree to notify us immediately if you suspect any unauthorized use of or access to your username and password. You are responsible for any use or misuse of your account or the Services or the Website resulting from any third party using a password or username issued to you. This site does not permit membership to individuals under the age of 18, due to laws that say no individual can enter into a legally binding contract that is under 18 years of age. If any member should sign up for membership and knowingly lies or does not submit his or her correct age, the account will be terminated immediately, and all account balances will be forfeited. It is a legal requirement for all Members to provide the current address from which they are trading, buying or selling. Any member not filling out their address or trying to circumvent the address will be suspended and will lose the right to use our services, and will relinquish all remaining balances on MyBidSite. We have security measures in place to ensure that scammers do not conduct business with members. If you purchase an item from a seller believed to be conducting themselves in a malicious manner or who has not revealed his or her true address, please contact us immediately. Also, if you believe that a buyer is behaving in a dishonest and/or malicious manner or has not revealed his or her true address, employment or references, please contact us immediately. Section A - Introduction to MyBidSite. This site is your portal in conducting auctions, whether as a buyer or as a seller. We do not intend to get involved in the actual transactions between buyers and sellers. This being the case, we have no control as to quality, safety or legality of any item's accuracy, the seller's ability sell or the ability of buyers to purchase. We cannot and do not control whether the other party will complete the transactions. MyBidSite does do ID verification on buyers and sellers that wish to use our services. You are responsible for all risks in doing business on MyBidSite. Members accept all risks whether it be dealing with foreign nationals, underage persons or individuals acting under false pretense. MyBidSite shall not be held liable for any items sold by use of this website, for damages during transit, nor for misrepresentation of items or breach of contract between a buyer and/or seller. This website is not responsible for the replacement of any item nor any losses resulting from and goods purchased or obtained. MyBidSite assumes no liability for the content of any listings not listed by MyBidSite. However, if you find yourself victim of a fraudulent transaction, we will assist you to the best of our ability. MyBidSite is a family-friendly site. If you have any reason to be dissatisfied with our service, then please email us at admin@MyBidSite.com and the owners will deal with the matter directly. MyBidSite main office is located in Buena Vista, Colorado, and complies with applicable city, state and federal regulations. By listing on our you acknowledge and agree that each transaction is consummated at our Buena Vista, Colorado location. Section B 1. Introduction: MyBidSite provides the information and services contained on this website or any of the pages comprising the website ("website") to visitors and users (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to specific sections or modules of the website. You can find out more about who we are by visiting our [About Us] page. 2. Information on the Website: Whilst every effort is made to update the information contained on this website, neither we nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information or opinions, on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. We reserve the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know. 3. Intellectual Property: Unless otherwise acknowledged by us, all proprietary and other intellectual property rights (including any copyright, trade mark, design right and database right) in this website, belong to us. Provided you agree with and abide by these terms and conditions we grant to you, a non-exclusive, royalty free license to access this website from a single computer at any one time, subject to these terms of use. 4. External Links: External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without our express prior written permission. Please contact us if you would like to link to this website or would like to request a link to your website. 5. Warranties: We makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website. You warrant and represent that you have good and marketable title to the Property, free of all encumbrances of any kind. You Agree that use of MyBidSite Services and the website is at your own risk and that the services are provided on an "AS IS" AND AN "AS AVAILABLE" basis. MyBidSite expressly disclaims all warranties of any kind, expressed or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. MyBidSite MAKES NO WARRANTY THAT THE SERVICES AVAILABLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, NOR DOES MyBidSite MAKE ANY WARRANTY AS TO ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM MyBidSite's AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY MyBidSite SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights, and you may also have other legal rights that vary from state to state. 6. Disclaimer of Liability: We shall not be responsible for and disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company's personal information or material and information transmitted over our system. In particular, neither we nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information. IN NO EVENT SHALL MyBidSite, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). MyBidSit's LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN CONNECTION (A) WITH OUR PERFORMANCE OF SERVICES TO YOU IS LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. 7. Use of the Website: We do not make any warranty or representation that information on the website is appropriate for use in any jurisdiction other than the United States within the State of Colorado. By accessing the website, you warrant and represent to us that you are legally entitled to do so. For the avoidance of doubt you shall not, without our prior written consent, be entitled to: copy, adapt, store or distribute this website; redistribute or resell this website; make any attempt whatsoever to reverse compile, re-engineer, hack or crack any part of this website; or utilize this website in a manner, which is not strictly in accordance with accepted internet usage standards and protocols. You are entirely responsible for any charges you incur in accessing the website or any other medium through which you contact us, including, but not limited to network charges, broadband, mobile device, landline or digital television subscriptions. 8. General 8.1 Entire Agreement: These terms and conditions constitute the sole record of the agreement between you and us in relation to your use of the website. Neither you nor we shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the website. 8.2 Alteration: We may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions ('Current Version") and, unless stated in the Current Version, all previous versions shall be superseded by the Current Version. You shall be responsible for reviewing the then Current Version each time you visit the website. 8.3 Conflict: Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website. 8.4 Cession: We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party. 8.5 Severability: All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, sever able from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to void ness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as severed from the terms and conditions and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. 8.6 Applicable laws: Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the United States, State of Colorado, County of Chaffee and Town of Buena Vista Colorado without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the United States, State of Colorado, County of Chaffee and Town of Buena Vista Colorado courts in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. If you reside in the state of California, you agree that you do not accept the California Civil Code Section 1789.3, and as a residents of California who hold an Account with MyBidSite, you are NOT entitled to the specific rights and are not allowed to use our services if you wish to use these rights in any way. You also agree to pay a fee of $5,000 if you attempt to use any California law, regulation or rule in any court of law in the United States in regards to our service or any of our members. Only the rules and laws of the United States and the State of Colorado shall be applied in all transactions on the MyBidSite.com website. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. Optional Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Improperly Filed Claims. All claims between you and MyBidSite must be resolved in accordance with this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed. Should you file a claim contrary to this Section, MyBidSite may recover attorney fees and costs up to $1,000, provided that MyBidSite has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Limitation on Actions. You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Website, or MyBidSite's Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. 8.7 Comments or Questions: If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us. 8.8 Your Address: We will communicate with you at the last email address you have provided us with unless we are obliged by law to send you a hard copy of the letter or notification. You must update us if you intend to discontinue use of the last email address you gave us. 9. Complaints: If you want to make a complaint about anything to do with tour services please [contact us], and include details of your complaint. Our customer services team will acknowledge your complaint by email within 1 business day. They will investigate and send you an initial response, making sure that someone who has authority having had access to an officer with the authority to settle the complaint (including, where appropriate, an offer of redress). This should take no longer than five business days, but most complaints may well be resolved by close of business on the business day after the complaint is received. 9a. Refund Policy: MyBidSite provides a Dispute Resolutoion System for Seller/Buyer to use in case of any mis-understanding. Our goal is that all our Members are 100% satisfied with our services. If you are a Seller and we determined that the Buyer did not pay you after you won an auction - we will refund 100% of all listing fees charged for that auction. 10 .Rights To Suspend or Terminate: You agree by using this site or any of its features that MyBidSite, in its own discretion, may terminate any auction or service without notice if: 1. We believe you are in violation of any policy set forth by MyBidSite. 2. You have been repeatedly warned or repeatedly broken a certain term. 3. You have listed an item deemed suspicious or that breaks any MyBidSite policies. 4. You have been deemed a non-paying bidder or we believe you have no true intentions of paying for the item(s) bid upon. 5. We believe that you have a record as a non-paying bidder or we believe you have no intention of paying for the item bid. 6. We find that you have skipped on rental payments in the past. Note: If we believe there has been an infraction, the affected account/listing shall be suspended while we investigate further. If after conclusive investigation you are found in violation, your account will be terminated and remaining account balances confiscated. 11. Adult - Over 18: NO ADULT MATERIAL MAY BE SOLD OR TRADED ON MyBidSite. 12. Omited 13. Verification for sellers and Buyers Another safety feature this site requires of both sellers and buyers is verification prior to the conduct of business. Each verification is valid for 180 days. This process costs $2.00 and will enable us to check each member's personal details with the details from the verification. This method is a lot safer and more secure than entering your credit card details, like other sites. This fee is non refundable and will enable MyBidSite to stop anyone even thinking of trying to scam other members. You can become verified using one of the following payment gateways: PayPal, Google Checkout and MoneyBookers These added security elements were put in place to assist MyBidSite in maintaining a scam-free website and to assist our members in ensuring they are getting qualified customers. Section C - Policies, Rules: 1. Policies and Rules: All policies set forth by MyBidSite are rules and guidelines that are intended to make MyBidSite a safe, fair environment for all members to enjoy. As a buyer or seller, you are responsible for knowing all MyBidSite policies, as well as knowing all laws and regulations applicable to your region, some of which may be specified in the User Agreement. MyBidSite's policies are intended to: 1. Support any applicable government laws and regulations. 2. Minimize risks to MyBidSite buyers and sellers. 3. Provide equal selling opportunities to our buyers. 4. Provide an enjoyable buying experience. 5. Support the values of the MyBidSite community. Violations of these policies may result in a range of actions, including: 1. Listing cancellation. 2. Limits on/Loss of account privileges. 3. Account suspension/Account balance forfeiture. 4. Forfeiture of MyBidSite fees on cancelled listings. 5. Reporting to law enforcement agencies. Buyers cannot: 1. Commit to the purchase of any item or buy-it-now item without paying or with the intent of not buying/paying. (It doesn't matter if the user was the winning bidder or bought with the Buy It Now feature.) Any commitment of purchase shows the serious intent of the member to purchase said item; insincere bidding will be considered an infraction. 2. Misuse the bid retraction system to circumvent the bidding process. 3. Bid on or buy an item with the knowledge that they have not met all criteria set for in the sellers item listing, or bid or buy with the sole intention of disrupting any users listing 4. Engage in shill bidding to gain attractiveness for any user's listing, making it seem more desirable thus increasing bids for that listing. All bidders must remain independent from the sellers of any item. Sellers cannot: 1. List items that have been prohibited by any governing body. You are responsible for knowing what items are illegal to sell in your area. 2. List items that have the potential of violating certain copyrights, trademarks, or other rights. 3. List items with payment types not accepted by MyBidSite. 4. Fail to honor the agreed transaction. 5. Fail to deliver an item for which payment has been made 6. Misrepresent an item by not meeting terms and item description laid out in the auction listing. 7. Engage in shill bidding (bidding on your own item), or have a family member, roommates or employees bid on their item to raise the price or make the item more desirable. 8. File for Final Value Fee credits on any transaction for which the buyer has already paid. 9. Fail to pay any taxes related to their listings or Buy It Now transactions. 10. Include links that do not conform to MyBidSite's Links Policy. Specific types of links that are limited include links to further descriptions, email address, photos, your About Me page, listing terms and conditions and MyBidSite Stores. 11. Use certain types of HTML and JavaScript in item listings, Stores pages, About Me pages, or Want-It-Now ads. 12. Promote giveaways, random drawings, raffles, prizes or bonuses. 13. Create a listing that does not offer an item 14. Advertise a desire to buy items, except as allowed in non-binding bid categories and in Want It Now. 15. Include third-party endorsements of MyBidSite members. 16. Include third party credits beyond what is acceptable. 17. Create test listings except in the Everything Else; Test Auctions category. 18. Use profanity in a listing. Listings cannot: 1. Be listed in inappropriate categories. 2. Misrepresent the item location from which the item will be shipped. 3. Include brand names or other inappropriate keywords in a title or description. This is known as keyword spamming. 4. Have misleading titles that do not accurately describe the item. 5. Offer a catalog from which buyers may directly order 6. Allow buyers a choice of significantly different items. 7. List a single item but offer additional identical items for sale in the item description. 8. Include separate payment surcharges for the use of MyBidSite's accepted forms of payment. 9. Misuse the Reserve Price option. 10. Offer the opportunity through MyBidSite to purchase the item or other merchandise outside of MyBidSite. 11. Use their About Me Page to promote outside-of-MyBidSite sales or prohibited items. 2. Prohibited and Restricted Items Overview Before any seller lists an item, he or she is responsible for ensuring that the item is allowed on MyBidSite and for determining whether said item is subject to any restrictions. As a seller on MyBidSite, it will always be your responsibility to make sure that any items you sell are legal in the eyes of all governing entities. Violating these policies may result in, but are not limited to, the following actions: 1. Cancellation of violated listing. 2. Limitations on account privileges. 3. Suspension of violator's account. 4. Automatic forfeiture of MyBidSite fees and account balances. If and when a violation of any of MyBidSite's policies occurs, MyBidSite will email the affected seller, as well as the bidders of the listing, as to the ending of the listing. Effected members may contact MyBidSite by using our Dispute Resolution or Contact Us links found on most pages of this website. 3. Understanding the rules about prohibited and restricted items: 1. Policies governing listings often times are based on various country and state laws. Many restrictions also involve the sale of dangerous and sensitive items, which may not necessarily be deemed illegal or prohibited by law. You as a seller are solely responsible to know your governing laws. However, MyBidSite has set up some policies regarding these items (see Offensive Materials Policies). 2. When selling to buyers from outside the country in which you reside, be aware of all international trading and importing restrictions. Allthough an item may be perfectly legal in your country, it may be illegal in another.& 3. The fact that an item is listed below, does not necessarily mean that is it totally prohibited. There are some exceptions. For example, in the Medical Devices category, there there are many items that are not prohibited while but many others are. Note: All examples are designed to assist our sellers to stay in compliance and should not be misconstrued as being an exhaustive or complete list. When in doubt, check with your governing body as to the legality of your items. It is also important to familiarize yourself with the Rules for Listings and the Rules about Intellectual Properties to be sure that there are not further regulations on your items. PROHIBITED ITEMS: * Adult Material * Alcohol (see also Wine) * Animals and Wildlife Products (legal live animal & pets are allowed) * Catalytic Converters and Test Pipes * Contracts * Cosmetics, Used * Counterfeit Currency and Stamps * Credit Cards * Drugs and Drug Paraphernalia * Drugs, Describing Drugs or Drug-like Substances * Electronic Surveillance Equipment (legal equipment is allowed) * Embargoed Goods and Prohibited Countries * Government and Transit Documents * Government and Transit Uniforms * Government IDs and Licenses * Hazardous, Restricted, and Perishable Items * Human Parts and Remains * Importation of Goods into the United States * International Trading& * Items Encouraging Illegal Activity * Lock picking Devices * Lottery Tickets * Mailing Lists and Personal Information * Medical Devices * Pyramid and Matrix Programs * Pesticides * Police-Related Items * Postage Meters * Prescription Drugs * Prohibited Services * Recalled Items * Slot Machines; * Stocks and Other Securities * Stolen Property and Property with Removed Serial Numbers * Tobacco * Transit and Shipping Related Items * Wine (see also Alcohol) 4. Accepted Payments Policy: We at MyBidSite want to offer our buyers and sellers a safe way to buy and sell their goods. That is the motivation for everything we do at MyBidSite, including our Accepted Payments Policy. MyBidSite encourages sellers to offer payments through PayPal, MoneyBookers or Google Check Out. PayPal, MoneyBookers and Google Check Out is convenient to use and has privacy built in. We have many other options available to our sellers that offer a secure method of payment. Some offline payment methods, such as personal checks, may not offer the same level of protection or convenience as online payments. sellers may be required to offer PayPal, MoneyBookers Google Check Out or a merchant credit card as one of the payment methods for a specific listing. Sellers may offer to accept: 1. PayPal, MoneyBookers Google Check Out and merchant credit cards (including MasterCard, Visa, Amex, Discover Network), debit cards, and bank electronic payments for auction purchases. 2. Bank-to-bank transfers, often known as bank wire transfers or bank cash transfers 3. Cash on Delivery (COD) or cash for in-person transactions. 4. Personal checks, money orders, cashier's checks, certified checks, and other negotiable instruments. 5. Cash or money orders through instant cash transfer services (non-bank, point-to-point cash transfers) such as Western Union or MoneyGram 6. Payments via third party "Bill Payment" services. Sellers may not solicit: 1. Buyers to mail cash. Payment through "topping off" of a seller's pre-paid credit or debit card. 2. Asking buyers to avoid payment processing or other methods to circumvent fee payments for services rendered through MyBidSite.com. 3. Payment through online payment methods not specifically permitted in this policy. 4. Misleading or Discouraging Payments: If a listing states that the seller will in fact honor a certain payment method, it is against MyBidSite policy to discourage buyers from using that payment method for any reason. This means that if a seller lists a certain form of payment as acceptable in the Payment Details section of the listing, including but not limited to PayPal, the seller must not act or insinuate in any way that they discourage or will not accept that method of payment. This policy is not only limited to communications made in listings, but also includes all correspondence between a seller and buyer that relates to a MyBidSite transaction. Violations of this policy may result in a range of actions including but not limited to: 1. Cancellation of violating listing. 2. Automatic forfeiture of listing fees on violating listing. 3. Immediate limits on account privileges. 4. Account suspension. 5. Forfeiture of account balances. 6. Reporting Inappropriate Behavior: The MyBidSite Investigations team tries to resolve reported cases of inappropriate trading behavior. MyBidSite will consider the circumstances of an alleged offense and the user's trading record before taking action. Disciplinary action may range from a formal warning up to indefinite suspension of a user's account. However, out of fairness to all users, if a complaint cannot be proven with certainty, MyBidSite will not take action. (Note: MyBidSite will not remove feedback from your profile unless there are exceptional circumstances. Please review MyBidSite Feedback Removal Policy for details.) 7. What MyBidSite investigates: Buying offenses: 1. Transaction interference 2. Offers to buy or sell outside of MyBidSite 3. Invalid bid retraction 4. Unpaid Items 5. Un-seller bidding 6. Shill bidding Selling offenses: 1. Shill bidding 2. seller non-performance 3. Offers to buy or sell outside of MyBidSite 4. Circumventing fees (Note: If you offered an item on MyBidSite and did not receive payment from the purchaser, you may sell the item to another bidder using Second Chance Offer.) Contact information and identity offenses: 1. Misrepresentation of identity 2. False or missing contact information 3. Dead/invalid email addresses 4. Underage user (Note: While multiple User IDs are allowed, it is never permissible for those User IDs to interact with one another. For example, members cannot bid on their own auctions or leave comments on their own Feedback Profile.) Miscellaneous offenses: 1. Interfering with MyBidSite site and/or operations 2. Sending spam 3. Sending email threats 4. Publishing contact information 5. Using profanity or patently vulgar language What MyBidSite does not investigate MyBidSite doesn't investigate simple misunderstandings, failure to communicate, and interpersonal disputes over which MyBidSite has no control. Here are some examples of other things that MyBidSite doesn&'t investigate: 1. Feedback issues 2. Shipping cost issues 3. Honoring of selling transactions 4. Honoring of buying transactions 5. Bid Sniping (last-minute bidding). Almost everything else that is not in the list of offenses, we will investigate. Any technical questions, billing questions, etc., should be sent to the appropriate email address to avoid delays. You may find the proper contacts using the "Contact Us" on the bottom of any page in the MyBidSite system. Section D - Additional Terms: This Agreement contains the entire agreement between you and MyBidSite regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, the parties agree that no person or entity (including any other member) shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of MyBidSite to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, MyBidSite may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder. Only a Venue You agree and acknowledge that we are not a traditional auctioneer. The Site is only an advertising venue for the sale of items by means of an electronic bidding format. We are not involved in the actual transaction between buyers and sellers, and we make no representation, and give you no assurance, that: The persons using the Site (a) are not misrepresenting their identity, location or authority to enter into contracts, and (b) are of legal age and capacity to enter into contracts. A seller placing an Item on the Site is able to or will complete the sale of the Item or deliver the Item to the buyer, or that a buyer bidding on an Item is able to or will complete the purchase of an Item from a seller. A seller has truthfully and accurately described an Item placed on the Site. An Item listed for sale on the Site exists, or is (a) safe, (b) of any particular quality, (c) non-infringing with regard to the intellectual property rights of any person or entity, or (d) free from liens, encumbrances or contractual claims attributable to seller, or that an Item may be legally sold by the seller. The sale and transfer of an Item complies with any or all applicable legal requirements for the sale, transfer and transport of that Item, including but not limited to statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales or auctions, the sale and/or transfer of any Item (including firearms, ammunition, black powder or any other item), export or import control, taxation, duties or tariffs, presence or licensing of brokers (the foregoing, “Legal Requirements”). General Provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement (including the Site Rules or other document incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual Services, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and MyBidSite.com and MyBidSite Inc., and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Site). All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of MyBidSite.com, MyBidSite Inc., its affiliates, and you, and shall not be construed for the benefit of any third party.
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