Fill and Sign the End User License Agreement 497330651 Form

END USER LICENSE AGREEMENT PLEASE READ AND PRINT THIS LICENSE AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE LICENSE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES OF THIS SITE OR THIS SITE IN ANY WAY. Upon acceptance, these terms and conditions constitute a legally binding agreement (the Agreement ) the between you, the end user, and ___________________________ (Name of website owner) . _________________________ (Name of website owner) and each of its officers, directors, agents, and affiliated companies are hereinafter collectively referred to as the Company d/b/a _________________________________ (Name of Website) . This Agreement governs the Company’s Server (the Server ) and all Intellectual Property owned by or licensed to Company. The Server software runs from a remote computer owned and operated by Company. You (the User ) will have access to the Server software under the terms and conditions outlined in this Agreement. User will identify himself/herself to the software by means of a User ID ( the User ID) and a Password (the Password ) known only to the User. Applicability of Terms and Conditions By checking the I accept the terms and conditions box, you represent and warrant that you fully understand and agree to comply with all of the following terms and conditions, and that failure to abide by these terms and conditions may result in Account closure, forfeiture of bids and/or appropriate legal action against you. If you have any questions as to these terms and conditions, we encourage you to seek independent counsel prior to checking the I accept the terms and conditions box. Registration of Account To bid on ___________________________________ (Name of Website) you will need to first register for an Account ( Account ) by choosing a unique USER ID and Password and entering other information such as your first and last name, address, email address and telephone number. You agree to provide only true and current information and you further agree to update this information as necessary to keep it true and current. By registering at ______________________________________ (Name of Website) , you will be able to access at ______________________________________ (Name of Website) auctions (the Auctions). NO WARRANTIES. Company e xpressly disclaims any warranty for the Server software. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY REPRESENTATION OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OF _________________________________________ (Name of Website) REMAINS WITH YOU. LIMITATION OF LIABILITY. Under no circumstances, including negligence, shall Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of __________________ ___________________________ (Name of Website) SECURITY. The User agrees that he/she is solely responsible for all use of ___________________ ______________________ (Name of Website) software through his/her I D and Password . The User is obliged to keep his/her User ID and Password secret and confidential. Any unauthorized use of the User ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability there from shall be that of the User. The User has the absolute obligation to notify in writing the Server or Client Server in case he discovers the unlawful or unauthorized use of his/her User ID and Password . Any liabilities arising prior to the written notice shall be the sole responsibility of the User. To maintain a high level of security, Company reserves the right to conduct a security review at any time to validate your identity, verify your financial transactions, and further document your consent to this Agreement. To facilitate these security checks, you agree to provide such identification or other information or documentation as the Company, in its unfettered discretion, deems necessary. If you fail to comply with any security request, Company reserves the right to void your Account . You will be notified of such verification request by electronic mail and Account Balances will be forfeited if you do not sign and return any required affidavit of identity and eligibility, release of liability and/or publicity authorization. LEGALITY OF PARTICIPATION IN AUCTIONS. You may only participate in the auctions if it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting. You understand and accept that Company is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have complete legal right to bid. Participation in the auctions is void for whomever and/or wherever prohibited by law. All Users MUST be the legal age of majority in their jurisdiction or at least 18 years of age if no age of majority is specified (whichever is greater). No persons under this age limit are permitted to use the Company software or services in any way. Neither the Server , nor Company shall be responsible for any false information provided by the user with regard to his/her age or legal capacity to use the Company’s Software. PURCHASING BID PACKAGES. To bid on _____________________________________ (Name of Website) you will be required to purchase bid packages by any of the methods specified at _____________ _________________________________ (Name of Website) which may change from time to time in Company's sole discretion. For credit card transactions, depending on the particular processor used, transactions will be debited to your Account according to the individual timeframe of the issuing bank, but will be processed as soon as possible at ____________________________________ (Name of Website) . Minimum and maximum limits are determined solely by the Company . All funds will be paid, tracked and maintained in United States Dollars, except as otherwise stated, and shall not bear interest. BONUSES. Complimentary or bonus amounts credited by Company into your Account for promotional purposes may only be used to place bids. The Company reserves the right to reclaim any bonus amounts if you do not use them within the period of time specified. ABANDONMENT OF ACCOUNT BALANCE. If you do not access your _________________________________________ (Name of Website) by "logging in" to your Account by using your User ID and Password for a period of ninety (90) days, your Account will be closed and the entire Account Balance will be deemed abandoned and forfeited; provided however, such requirement for log in and entry is not and does not constitute any requirement whatsoever for you to bid in any auction or any activity at _____________________________________ (Name of Website) other than logging in. TERMINATION, FORFEITURE, ACCOUNT CLOSURE AND CONFISCATION. The Company reserves the right to terminate and cancel your ____________________ ____________________ (Name of Website) account for any reason whatsoever at any time without notice to you. Company reserves the right, in its discretion, to void any winnings and confiscate any balance in your __________________________________ (Name of Website) Account in any of the following circumstances: 1. If you have more than one active Account at ____________________ _________________________ (Name of Website) ; 2. If the name on your _________________________________________ (Name of Website) Account registration does not match the name on the credit card(s) or other payment Account s used to make purchases at ____________________ __________________________ (Name of Website) ; 3. If you provide incorrect or misleading registration information; 4. If you are not of legal age; 5. If you connect from a jurisdiction where participation in the games is prohibited by law; 6. If you have "charged back" or denied any of the purchases or deposits that you have made to your Account ; 7. If you are found cheating or if it is determined by Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the system; 8. If you fail to comply with any of the terms and conditions set forth in this Agreement; or 9. If your __________________________________________ (Name of Website) Account is linked to any ____________________________________________ (Name of Website) Account that failed to comply as provided above. DISCLOSURE OF FRAUDULENT ACTIVITIES. If, in Company's sole determination, User is found to have cheated or attempted to defraud auctions, _______________________________________ (Name of Website) , or Company in any way including, but not limited to, auction manipulation or payment fraud, or if User make untrue and/or malicious comments with regard to Company's operation, User agrees that Company may publicize such actions together with User’s identity and email address. User agrees further that Company may circulate this information to authorities as well as affiliated credit card companies, and other appropriate agencies. User further agrees that Company may close Account s, and forfeit Account balances, that User has at ____________________________________ (Name of Website) . ACCESS TO THE WEBSITE IS PROVIDED BY _____________________________________ ( Name of Website) AS IS AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL __________________________________ ( Name of Website) OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. INDEMNITY. User agrees to indemnity and hold Company harmless (as well as Company’s employees, officers, directors, partners, affiliates, and subsidiaries) from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of User’s wrongful entry, use, or misuse of _________________________________________ (Name of Website) . ______________________________________ (Name of Website) attempts to be as accurate as possible. However Company does not warrant that product descriptions or other content of this site is completely without error. If a product offered is not as described, User’s sole remedy is to return it in unused condition for a refund. _______________________________________ (Name of Website) reserves the right to contact the winner as well as publish the information of the winner on the ________________________________________ (Name of Website) website and all _________________________________________ (Name of Website) advertisements. ________________________________________ (Name of Website) reserves the right to share _______________________________________ (Name of Website) winners contact information and testimonials. Taxes User acknowledges and agrees that the Company does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes, which may be assessed or owed by User in connection with the use of _________________________ _____________________ (Name of Website) . User understands and agrees that User is solely responsible for the calculation and payment of any taxes that may be incurred as a result of using _____________________________________ (Name of Website) . ENTIRE AGREEMENT, MODIFICATION AND AMMENDMENTS. User fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or changed from time to time. ________________________ ______________ (Name of Website) reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted at __________________________________________ (Name of Website) . It is U ser’s sole responsibility to review this Agreement and amendments hereto each time you bid. The terms and conditions contained herein represent the complete and final agreement between User and Company and supersedes any and all prior agreements, representations or statements made by Company. All data, software, and documentation in this Web site are provided "as is" without warranty of any kind, either expressed or implied. This owner of ___________________ ( Name of Web site owner) , its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, non-infringement, merchantability or fitness of any information contained on this site. Endorsement Disclaimer Policy for Website The views and opinions of other Users published on this site do not necessarily reflect those of ____________________________________ ( Name of Website) . R eference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by ____________________________________ ( Name of Website) . Nor shall any information or statements contained on this server be used for the purposes of advertising, or to imply an endorsement or recommendation. No Agency. _______________________________________ (Name of Website) sand User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. MANDITORY ARBITRATION Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. I reviewed and accept the terms and conditions