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Aug. 28, 2008


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Terms and Conditions

	General Terms and Conditions (Registration) This website is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this website as stated below please let us know by contacting us. Rights To Suspend or Terminate. You agree that the owners and/or operators of this website (the “Website”, referring to the owners of the same or the site itself, as the context may require), in their own discretion, may terminate any auction and/or listing or use of the service immediately and without notice if: (a) We believe that you are not abiding by the general rules of this web-site; (b) You have breached any material provision of these general terms; (c) You have listed a suspicious item, as determined in the sole and absolute discretion of the Website; (d) We believe you to be a non-paying bidder, as determined in the sole and absolute exercise of reasonable judgment by the Website; and/or (e) You fail to list items in appropriate categories and/or fail to promptly supply items purchased by winning bidders under agreed-upon terms. In most cases when we suspect conditions that warrant termination, we will suspend your account/listing while we investigate further. If after our investigation concludes we determine termination is warranted, then your account with us will be terminated. Your Conduct. You are solely responsible for the contents of your actions while using this Website in any manner or form. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this, we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. Sales of real property, securities, or any other regulated item are forbidden on this Website, unless expressly authorized by applicable state or federal law. You must not transmit through the service provided by the Website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable and/or unlawful material. In this regard, you will comply with all laws related to, without limitation, intellectual property (copyrights, patents, and trademarks, for example) and will not violate any third-party rights in your use of this Website. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. Please refer to list of prohibited and restricted items below, which is not intended to be an exclusive list: Adult/pornographic Material Alcohol Animals and Wildlife Products (ex:live animals, mounted specimens, ivory) Artifacts (Native American crafts, cave formations, grave-related items) Catalytic Converters and Test Pipes Cell Phone (Wireless) Service Contracts Charity or Fundraising Listings Clothing, Used - Must be laundered according to manufacturers directions. Used undergarments are prohibited. Coins Contracts Cosmetics, Used Counterfeit Currency and Stamps Credit Cards Drugs and Drug Paraphernalia, including illegal drugs under the laws of the United States Drugs, Describing Drugs or Drug-like Substances Electronics Equipment (ex: TV descramblers, radar scanners, traffic signal control devices) Electronic Surveillance Equipment (ex: wiretapping devices, telephone bugging devices) Embargoed Goods and Prohibited Countries (ex: items from Cuba) Event Tickets - Sellers required to ensure they are in compliance with local, state, and federal laws for resale of event tickets. Firearms, Weapons and Knives (ex: pepper spray, replicas, stun guns) Fireworks Food - Sellers are required to ensure they are in compliance with local, state, and federal laws for sale of food products. Gift Cards Government and Transit Documents Government and Transit Uniforms Government IDs and Licenses Hazardous, Restricted, and Perishable Items (ex: batteries, fireworks, Freon) Human Parts and Remains, including the sale of organs Importation of Goods into the US (ex: CDs or DVDs intended only for distribution in a certain country) International Trading Items Encouraging Illegal Activity (ex: information describing how to manufacture street drugs, explosives, or other incendiary devices) Lockpicking Devices Lottery Tickets Mailing Lists and/or Personal Information Manufacturers' Coupons Mature Audiences - Materials adult in nature or otherwise inappropriate for minors (under the age of 18) MAY NOT be listed on this site in any way. Medical Devices (ex: heart devices, contact lenses, surgical instruments) Multi-Level Marketing, Pyramid and Matrix Programs Offensive Material (ex: ethnically, racially, religious, or other offensive materials including Nazi memorabilia) Over the Counter Medicines Pesticides Plants Police-related Items Postage Meters Prescription Drugs Profanity - Use of profanity in any way is prohibited on this site. Prohibited Services (ex: prostitution, adult services, drug running) Real Estate Recalled Items Slot Machines Stamps, Counterfeit Stocks and Other Securities Stolen Property and Property with Removed Serial Numbers Surveillance Equipment Teacher's Edition Textbooks Tobacco Transit and Shipping Related Items (ex: blueprints of transit facilities, airplane operations manuals, flight attendant uniforms. Also prohibited are USPS, UPS, FedEx and other shipping company uniforms or vehicles.) Travel Weeds and Seeds Wine Membership. Membership to this website is only available to those who can form a legally binding contract. This web-site does not permit minors (under 18) to register. If any member fails to sign up with their correct age the account will be terminated immediately. General Terms. This site acts as the window for sellers to conduct auctions and/or instantaneous purchase listings and for bidders to bid on sellers' auctions and/or listings. 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 listed, 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 purchases 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. Limitation on Liability This Website shall not be responsible for any items sold by sellers, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This Website shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This Website assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can. In no event shall the Website, or any of its individual owners or affiliated entities of any kind, be liable for any amounts beyond the total user/registration fees paid to the Website. In this regard, you are waiving any claim to incidental damages, direct damages, consequential damages, indirect damages, punitive damages, and/or any other form of damages of any kind that result in any way from use of this Website. In addition, the WEBSITE HEREBY DISCLAIMS WARRANTIES RELATED TO FITNESS FOR A PARTICULAR PURPOSE AND/OR MERCHANTABILITY AS RELATES TO THE WEBSITE SERVICE PROVIDED AND/OR AS RELATES TO ANY OF THE SALES THAT ARE OFFERED OR CONDUCTED ON THE WEBSITE. THE WEBSITE SERVICES PROVIDED ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OR PROMISE OF ANY KIND ON THE PART OF THE WEBSITE. Indemnity The users of this Website agree to indemnify and hold harmless the Website completely and fully for any damages or harm of any kind suffered by Website that relates to breach of any material provision of these General Terms and/or that relates in any way to negligent conduct on the part of such users, including, without limitation, reasonable attorney fees and/or other similar costs incurred by the Website to third parties and/or to the user of this Website in any dispute. Governing Law and Dispute Resolution These Terms of Service shall be governed by and constructed in accordance with the laws of the State of Minnesota, without regard to its choice of law provisions. Any disputes between the Website and a seller, buyer, or any other individual or entity that result from or relate to this Website in any way, will be decided only by courts located in the state or federal courts of Minnesota having appropriate venue. In this regard, all sellers, buyers, and/or parties of any kind that are using or interfacing with this Website hereby agree and acknowledge that Minnesota courts shall be the exclusive forum for any and all disputes involving the Website in any way. Moreover, the users of this Website agree and acknowledge that interaction of any kind involving the Website shall not be construed as a contact for purposes of determining personal jurisdiction under any other state of the United States. In any dispute involving the Website as to which the Website prevails, the Website shall be entitled to recover from users its reasonable attorney fees and other similar costs (regardless of whether a dispute actually results in formal litigation) resulting Privacy Policy This Website does not sell information you provide to us to become a user to any third party. Rather, all information is used exclusively for internal purposes, and we will attempt to safeguard your personal information. No Agency or Joint Venture Nothing contained herein, nor any use by you of this Website, shall create an agency relationship of any kind between you and the Website. You are not a partner with, or a part of a joint venture of any kind with, the Website.
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