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The following describes the terms and conditions on which 123GoBid.com permits you to access and use the services we provide. You are required to read, agree with and accept all of the following terms and conditions contained in this Agreement and the Privacy Policy before you become a member of 123GoBid.com. If you do not agree to be bound by the following Terms and Conditions, you may not use or access our services. If you have any questions, please contact us accordingly. Welcome to the User Agreement for 123GoBid.com (herein referred to as the "Agreement"). This Agreement describes the terms and conditions applicable to your use of our services that we provide under the domain and sub-domains of www. 123GoBid.com (herein referred to as the "Site"). Membership Eligibility The services of this Site are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the following, our services are not available to persons under the age of 18, or to temporarily or indefinitely suspended 123GoBid.com members. If you are under the age of 18, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. You may not transfer, or sell your 123GoBid.com account to another party. If you are registering a business entity, you are stating that you have the authority to bind the entity to this Agreement. If you do not meet these terms and conditions, you cannot register and you may not use this Site. Fees & Credits Joining and bidding on items at 123GoBid.com is free. We do, however, charge fees for listing items for sale through our Site. When you list an item you will have an opportunity to review and accept the fees that you will be charged. We do not charge an initial listing fee, however if you choose any additional features, such as (but not limited to) featured auction, additional pictures, and title bolding, you must review and accept any fees associated with those features. Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees associated with using our services and the Site, as well as all applicable taxes. We may change our fees at any time and should such a change occur, the changes will be effective after we provide you with at least seven (7) days notice of the changes, by posting the changes on the Site. Certain taxes and government charges may be payable in relation to the purchase transaction. We accept no responsibility for such taxes and other government charges on transactions on the Site. Credits issued by the Site for any reason, including (but not limited to) registration credits, may only be used towards listing item(s) for sale and may not be used in any other manner, and they may not be sold or transferred. 123GoBid.com is a Venue 123GoBid.com is not an Auctioneer Although we are commonly referred to as an online auctions web site, it is important for you to understand that we are not a traditional "Auctioneer". Instead, the Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, and in a variety of formats, including auction-style (commonly referred to as "auctions" or "online auctions") or by "Buy it Now" which is a fixed-price format. We are not involved in the transaction between buyers and sellers, and as a result, we have no control over the quality, safety or legality, the truth or accuracy of the listings or the actual ability of sellers to sell the item(s) or the buyer’s ability to pay for the item(s). We cannot ensure that a buyer or seller will actually complete a transaction. Release Because we are a venue, in the event that you have a dispute with one or more users, you agree to release 123GoBid.com and R. Newell, Inc. (and all such persons, directors, 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. You use our services at your own risk. Identity Verification We may use techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user authentication on the Internet is extremely difficult, we cannot and does not confirm each user's purported identity. To aid in protecting our buyers and sellers from fraudulent users and other deception, we have established a user-initiated feedback system that will allow you to efficiently evaluate with whom you are dealing. We also strongly encourage you to communicate directly with potential trading partners through the tools provided by the Site. Control of Information We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense, and practice safe trading when using the Site. There are risks when dealing with underage persons, or people acting under false pretence. By using this Site, you agree to accept such risks and that 123GoBid.com is not responsible for the acts or omissions of its users. Bidding and/or Buying As a buyer you are obligated to complete the transaction with the seller: (1) If you purchased the item using the "Buy It Now" feature, or (2) if you are the highest bidder at the end of an auction (meeting the applicable minimum or reserve bid requirements) and your bid is accepted by the seller. You are not obligated to complete the transaction if the transaction is prohibited by law or by this agreement. By bidding on an item, you agree to be bound by the terms and conditions of sale included in the item's description by the seller so long as those conditions of sale are not in violation of this Agreement or otherwise unlawful. Bids are not retractable except in the most extreme of exceptional circumstances. Listing Items for Sale Listing the Item As the seller, you must be legally able to sell the item(s) that you are listing for sale. You must provide an accurate and detailed description of the item, as well as any terms of sale clearly in the description. You may include text and graphics relevant to the item in your description. You must also list your item in the appropriate category. You may not list illegal, threatening, harmful, harassing, or otherwise unlawful items (such as, but not limited to, child pornography, pornography, drugs, racist items). You may not list any item(s) for sale that are on the Prohibited Items list. You can view this list in the Info Centre. Fraud Without limiting any other remedies, we may suspend or terminate your account, without notice if you are found guilty of having engaged in fraudulent activity, or any other action prohibited by the use of this site. Manipulation Neither you, nor bidders, nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions. Bids are a Binding Contract If you receive at least one bid at or above your stated minimum price (or reserve price), you are obligated to complete the transaction with the highest bidder (winning bidder) at the time the auction is complete. If the buyer fails to meet the terms of your listing, or of the Site, you are released from this binding contract. Your Information Providing Your Information You are solely responsible for the information you provide us, and/or other users in the registration, bidding, listing process, in any public message area or email. We act as a passive conduit for your online distribution and publication of your information. Your information shall not be (a) false, inaccurate, or misleading; (b) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or privacy; (d) violate any law, or regulation. License You agree to grant us (123GoBid.com) non-exclusive, worldwide, perpetual, irrevocable, royalty-free rights to exercise the copyright and publicity rights you have in your information so that we may use the information that you supply us without violating any rights you might have in that information. Records on File You agree to grant us (123GoBid.com) non-exclusive, worldwide, perpetual, irrevocable, royalty-free rights to keep the information that you provide us on file. Your Activities and Use of the Site Your activities on this Site shall not be (a) fraudulent or misleading; (b) involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trades secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be unlawfully threatening, harassing or defamatory; (f) contain, produce, or upload any viruses, Trojan horses, worms, time bombs, Cancel-bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us, or cause us to lose our services provided to, and/or provided by this Site. You agree that you will not use any robot, or other automated program, script or machine to access the site for any purpose without our express written consent. Additionally, you agree that you will not (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our servers; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, Signs and Flyers) from the Site without prior written permission from 123GoBid.com and the third party applicable; (c) interfere or attempt to interfere with the proper working condition of the Site or any activities conducted on the Site. Member Feedback The feedback system has been designed and implemented to aid buyers and sellers alike, in determining the quality and trustworthiness of the person they are dealing with. You may not take any actions which may undermine the integrity of the feedback system. Breach Without limiting other remedies, we may limit your activity, immediately remove your bids or domain names; listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. Privacy Your privacy and protection is a major concern to us, and we understand clearly that you and your information are our most important assets. For a detailed description of your privacy and how we use your information, please read our privacy policy. If you object to your information being transferred or used in this way please do not use our services. No Warranty WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Liability Limit IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, OUR WEB SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND 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. Indemnity You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees and representatives, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Legal Compliance You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services and your bidding on, listing, purchase, solicitation of offers to purchase and sale of items. No Agency You and 123GoBid.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices Any and all notices must be served by registered mail to 123GoBid.com, and any notices from 123GoBid.com to you (A user of the site), shall be sent to the email address that you provided when registering on 123GoBid.com. That notice shall be deemed effective 48 hours after the email is sent. We may alternatively serve notice to you by registered mail to the address you provided to us during registration at 123GoBid.com. A notice sent by registered mail will be deemed effective 7 (Seven) days from the date of mailing. Dispute Resolution Any and all disputes, discrepancies, and disagreements between 123GoBid.com and yourself shall first be addressed by both parties directly and resolved through mutual written agreement, if possible. Any unresolved disputes will then be addressed through binding arbitration in the State of Texas. You further agree and acknowledge that any action or cause of action is forfeited and any such right of action may only be resolved through the binding arbitration process. General This Agreement shall be governed in all respects by the laws of the State of Texas. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Web 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by 123GoBid.com, in our sole discretion. 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.

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