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Terms of Use

These Web pages will be collectively referred to in this Agreement as "phpAuction."

You will need to read this Agreement in its entirety to review the general provisions of the Terms of Use.
phpAuction is offered to you conditioned on your acceptance without modification of these Terms of Use. Your use of phpAuction constitutes your agreement to these Terms of Use. Your use of a particular phpAuction Web site included within, or acceptance of a product, service or benefit obtained through phpAuction constitutes your agreement to these Terms of Use. If you do not have print capability or otherwise desire to obtain a hard copy of these Terms of Use, please contact phpAuction customer service.

If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within or applicable to any particular phpAuction Web site, service, product or benefit, then the applicable Additional Terms shall control. You agree to familiarize yourself with the Terms of Use, including any Additional Terms, and other terms and guidelines found throughout phpAuction and abide by them if you choose to use the site or accept the products, services, or benefits, to which such terms apply.

Modification of These Terms of Use and Notices

phpAuction reserves the right to change the Terms of Use, and any Additional Terms at anytime, effective upon making the modified provisions available on phpAuction. You are responsible for regularly reviewing these terms and conditions. Continued use of phpAuction after any such changes shall constitute your consent to such changes. phpAuction does not and will not assume any obligation to notify you of any changes to the Terms of Use, or Additional Terms.

Acceptable Use Limitation

Your right to use the phpAuction is personal to you, and your company. As a condition of your use of phpAuction , you express to phpAuction that you will not use phpAuction for any purpose that is unlawful, or prohibited by these Terms of Use or any Additional Terms (that may be modified from time to time). You may not modify or copy with commercial aims, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the phpAuction site, except as expressly provided herein.

In addition, you may not use the products or services provided through or in connection with phpAuction to:

• Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns.
• Publish, post, distribute, disseminate or link to any: (i) profane, defamatory, infringing, or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer.
• Sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, or would cause phpAuction to violate any law, statute or regulation.
• Harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties.
• Restrict or inhibit any other user from using and enjoying its rights in phpAuction, interfering with or disrupting the phpAuction service or servers or networks connected to phpAuction.
• Violate any applicable government laws or regulations.

The information provided by phpAuction to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of phpAuction with any third party. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by phpAuction via the phpAuction or offered by phpAuction, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of phpAuction for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of phpAuction.

phpAuction is not obligated to monitor the content on phpAuction. However, with respect to the use of the products and services offered on phpAuction, phpAuction reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the phpAuction sites, in phpAuction sole discretion, without notice at any time.

Some products and services available through or in connection with phpAuction require that you pay a fee. You hereby authorize phpAuction to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with your use of phpAuction product or service you have chosen to use. You shall be solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of phpAuction. phpAuction reserves the right to modify the fees charged for phpAuction products and services from time to time, provided that such modifications shall not take effect earlier than thirty (30) days after phpAuction posts such modifications on the phpAuction Web site.

Amounts not paid by you to phpAuction. when due, may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law. If you notify phpAuction. in writing that you are terminating this Agreement, fees pre-paid by you to phpAuction for phpAuction products or services will be credited back to your applicable credit card on a pro-rated basis (except to the extent such termination is due to your breach of this Agreement) within forty-five (45) days after receipt of your notice of termination. phpAuction. is not required to refund directly to you any amounts paid hereunder. It is your responsibility to notify phpAuction if your credit card has expired and to make changes.

Links within phpAuction may let you leave phpAuction. You acknowledge that the linked sites are not under the control of phpAuction and that phpAuction is not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. phpAuction is not responsible for any form of transmission received from any linked site. phpAuction is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by phpAuction of the linked site or any association with their operators.

phpAuction may contain chat areas, forums, communities, personal and business web pages, electronic mail postings and/or other messages or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communications" ) You agree to use Communications only to post, send and receive messages and material that are proper and related to the particular Communication, and to comply with all applicable laws and these Terms of Use. In addition to above acceptable use limitations, you agree that when using Communications, you will not:

• Advertise or offer to sell or buy any goods or services, unless such Communication specifically allows such messages.
• Falsify, delete or alter any material, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded via the Communications.
• Restrict or inhibit any other user from using and enjoying its rights in the Communication.
• Violate any code of conduct or other guidelines that may be applicable for any particular Communication.
• Harvest or otherwise collect information about others, including e-mail addresses, without their express consent.
• Link the Communication to any unsolicited communication sent to any third party, or otherwise use or mention the Communications in connection with any such unsolicited communication.
• Violate any applicable laws or regulations.

phpAuction reserves the right, but is not obligated, to review materials posted to a Communication Service and to remove any such materials in its sole discretion, without notice at any time. In addition, phpAuction reserves the right to terminate your access to any or all of the Communications at any time without notice for any reason whatsoever. Furthermore, phpAuction reserves the right to terminate or change any Communication Service at anytime

phpAuction is not obligated to monitor the Communications. However, with respect to the use of the Communication Service, phpAuction reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from Communications in phpAuction's sole discretion.

You acknowledge that Communications are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any Communication. phpAuction does not control or endorse the content, messages or information found in any Communication Service and, therefore, phpAuction specifically disclaims any liability with regard to the Communications and any actions resulting from your participation in any Communication Service. Forum managers and hosts of the Communications are not authorized phpAuction agents or spokespersons, are not able to bind phpAuction, nor do their views necessarily reflect those of phpAuction.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

phpAuction does not claim ownership of the materials you provide to phpAuction (including feedback and suggestions) or post, upload, input or submit in connection with your use of phpAuction or any web site ("Your Web Site") created by you or on your behalf in connection with the use of phpAuction. However, you grant phpAuction a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your name in connection with your Submission) your Submission only in connection with the operation and promotion of phpAuction. You also grant phpAuction the right to publish your name in connection with any such communication. No compensation will be paid or due you with respect to phpAuction's or its sub licensee's use of the materials as licensed above phpAuction is under no obligation to post or use any materials you may provide, and may remove such materials at any time in phpAuction's sole discretion. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any phpAuction Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant phpAauction the license set forth above, and you will defend and indemnify phpAuction and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

The information, software, products, services and other material included in or available through the phpAuction may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via phpAuction should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation. Your use of phpAuction, and products and services of phpAuction, is at your own risk. phpAuction, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of phpAuction, or such products or services. phpAuction makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of phpAuction, or such products or services. Without limiting the foregoing, phpAuction.

MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN PHPAUCTION FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND PHPAUCTION. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PHPAUCTION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF PHPAUCTION OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE PHPAUCTION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH PHPAUCTION , OR OTHERWISE ARISING OUT OF THE USE OF PHPAUCTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHPAUCTION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF PHPAUCTION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING PHPAUCTION AND ITS RELATED SERVICES.

You agree to defend, indemnify and hold phpAuction harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with phpAuction or your use of phpAuction.

phpAuction reserves the right to deny in its sole discretion any user access to phpAuction or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by phpAuction and for any use or misuse of your account or phpAuction resulting from any third party using a password or user name issued to you. phpAuction may terminate this Agreement and your access to phpAuction (in whole or in part) at any time, with or without cause, and with or without notice. Anyone determined by phpAuction to have violated these Terms of Use or any Additional Terms may be barred from using phpAuction, or from receiving any products, services or benefits from phpAuction.

This Agreement is governed by the laws of the State of Delaware, U.S.A. You hereby consent to the jurisdiction of and venue in courts located in Wilmington, Delaware, U.S.A. in all disputes arising out of or relating to the use of phpAuction. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against phpAuction. Use of phpAuction is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and phpAuction as a result of this Agreement or use of phpAuction. PhpAuction's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of phpAuction's right to comply with governmental, court and law enforcement requests or requirements relating to your use of phpAuction or information provided to or gathered by phpAuction with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and phpAuction. with respect to phpAuction and it supersedes all prior communications and proposals, whether electronic, oral or written, between the user and phpAuction. with respect to phpAuction. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party