In using the Net-Auctions Person to Person, Dealers Only or CharityFundraiser site, the user agrees to follow and adhere to the auction rules and terms and conditions as hereby stated:
Users of the Net-Auctions site must be 18 years of age or older and be able to enter into a legal and binding contract.
Net-Auctions is not responsible for bids that were not processed due to technical problems and or delays.
Sellers take all responsibility for the description and quality of listed and auctioned items as well as assuming any liability arising from the offer and completion of the sale of said item.
Transactions on Net-Auctions are between Buyers and Sellers and said Buyers and Sellers will in no way hold Net-Auctions responsible for any problems arising out of said transaction. Net-Auctions is not responsible for any warranty information expressed or implied on all posted items. NET-AUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED ON ALL GOODS AND SERVICES,NET-AUCTIONS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Sellers and or Buyers experiencing any loss from the use of the Net-Auctions Web site agree to indemnify and hold Net-Auctions harmless regarding losses or damages experienced through the use of the Net-Auctions Website. This includes losses as a direct result or errors or problems on the Internet or on the service or any other condition arising that is beyond Net-Auctions' control.
Net-Auctions will not tolerate the sale or auction of counterfeit property or any illegal product on the Net-Auctions site. Net-Auctions will terminate the auction of any such items and the seller of such items maybe suspended from using the site.
Net-Auctions will not be involved in the auction or sale of an item or inclosing the transaction. The Buyer and the Seller must make all arrangement to transfer payment and product.
Using shills on Net-Auctions is strictly forbidden and if caught, is grounds for account termination.
Net-Auctions shall not be liable for any special, incidental or consequential damages or for loss, damage, or expense directly or indirectly arising from customer's use of or inability to use the service.
Sellers assume all liabilities and risks involved with their offer for sale of any item posted on Net-Auctions.
Net-Auctions reserves the right to refuse service to anyone at any time.
Should a dispute arise, all legal claims shall fall under venue of Tarrant County, Texas, USA and be filed in the courts of Tarrant County, Texas. Should a claim be filed in another court, the filing shall be deemed frivolous and intentional and brought for harassment purposes based upon these terms and conditions herein. The filing shall be a breech of this agreement and Net-Auctions shall be awarded all attorney fees incurred in litigation in said court
Net-Auctions, under no
circumstance, including but not limited to negligence, shall be liable for any special or consequential damages that result from the use of or the inability to use the Web site even if Net-Auctions or any employee was made aware of the possibility of such damages. Net-Auctions shall not be liable to Seller or Buyer, for any reason, including it's own negligence.
Net-Auctions assumes no responsibility for the context or the content of any of the listings made by Sellers.
Net-Auctions will not remove or edit listings once they are entered into the service, except to comply or to end auctions with other items in this agreement Net-Auctions does, however, reserve the right to move a listing from one category to another or to end auctions as appropriate.
Net-Auctions does not assume responsibility for the content or the context of the public display areas such as the bulletin boards, the chat room or the feedback area.
Buyers and Sellers agree not to send unsolicited commercial email to Net-Auctions users.
Net-Auctions cannot guarantee prevention of any inappropriate use of the system or of users registering with any false information or the preservation of any material, information and records posted on the Web site.
Net-Auctions users agree to use any information obtained on the site regarding other users solely to the extent of what is necessary to expedite Net-Auctions transactions.
Net-Auctions cannot guarantee that Sellers will complete the sale of an item, or that Sellers will complete the sale of an item, or that Buyers will go through with the purchase of an item; all risk is taken by the individual Buyers and Sellers.
Any dispute arising under or in connection with Net-Auctions auction or sale or the services being rendered, and any claim affecting its validity,construction, effect, performance, or termination, shall be submitted to arbitration conducted in Fort Worth, Texas before and in accordance with the Commercial Arbitration Rules of the American Arbitration Association pursuant to the Federal Arbitration Act (9 USC, Section 1, et seq.) and the Federal Law of arbitration. In addition, both parties herein waive the fullest extent as permitted by law, any right to or claim for any punitive, exemplary damages or statutory damages in excess of actual damages against the other, and in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by them, including reasonable and necessary attorney's fees, which shall be awarded to the prevailing party.
