THE FOLLOWING DESCRIBES THE TERMS ON WHICH AUTO AUCTION
CENTER/ NETCOM3 OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to Auto Auction Center User Agreement. This
Agreement describes the terms and conditions applicable to your use of our services at the
Auto Auction Center.
We may amend this Agreement at any time by posting the
amended terms on our site. Except as stated below, all amended terms shall automatically
be effective 30 days after they are initially posted on our site. This Agreement may not
be otherwise amended except in a writing signed by you and the Auto Auction Center. This
agreement was last revised on September 1st, 2003.
- Membership Eligibility.
Our services are available only to individuals who can form legally binding contracts
under applicable law. Without limiting the foregoing, our services are not available to
minors. If you do not qualify, please do not use our services. Further, our services are
not available to temporarily or indefinitely suspended Auto Auction Center members.
- Fees and Services.
Joining and selling items on The Auto Auction Center is free. For more information and
details go to www.netcom3.com. We may change our Policy and
the fees for our services from time to time. Our changes to the policy are effective after
we provide you with at least fourteen (14) days' notice of the changes by posting the
changes on the announcements board. However, we may choose to temporarily change our Fees
and Credits Policy and the fees for our services for promotional events (for example, free
listing days) and such changes are effective when we post the temporary promotional event
on the announcements board. When you list an item you have an opportunity to review and
accept the fees that you will be charged for the use of our listing services. We may in
our sole discretion change some or all of our services at any time. In the event we
introduce a new service, the fees for that service are effective at the launch of the
service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible
for paying all fees associated with using our service and our website and all applicable
- The Auto Auction Center is Only a Venue.
3.1 Overview. Our site acts as the
venue for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to
bid on items. 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 advertised,
the truth or accuracy of the listings, the ability of sellers to sell items or the ability
of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a
3.2 Safe Trading. Because user authentication on
the Internet is difficult,The Auto Auction Center cannot and does not confirm each user's
purported identity. Thus, we have established a user-initiated feedback system to help you
evaluate with whom you are dealing. We also encourage you to communicate directly with
potential trading partners.
3.3 Release. Because we are not involved in the
actual transaction between buyers and sellers, in the event that you have a dispute with
one or more users, you release The Auto Auction Center (and our officers, directors,
agents, subsidiaries 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. If
you are a California resident, you waive California Civil Code §1542, which says: "A
general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
3.4 Information Control. We do not control the
information provided by other users which is made available through our system. 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 our site. Please note that
there are also risks of dealing with foreign nationals, underage persons or people acting
under false pretense.
- Bidding and Buying.
If you are the highest bidder at the end of an auction (meeting the applicable minimum bid
or reserve requirements) and your bid is accepted by the seller, you are obligated to
complete the transaction with the seller, unless the transaction is prohibited by law or
by this Agreement. By bidding on an item you agree to be bound by the conditions of sale
included in the item's description (or linked to from the description) so long as those
conditions of sale are not in violation of this Agreement or unlawful. Bids are not
retractable except in exceptional circumstances such as when the seller materially changes
the item's description after you bid, a clear typographical error is made, or you cannot
authenticate the seller's identity.
- Listing and Selling.
5.1 Listing Description. Listings may only include text
descriptions, graphics and pictures you supply to our site (or that you link to from our
site) that describe your item for sale (or as appropriate, for which are soliciting offers
to buy). All listed items must be listed in an appropriate category.
5.3 Fraud. Without limiting any other remedies, The
Auto Auction Center may suspend or terminate your account if you are found (by conviction,
settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent
activity in connection with our site.
5.4 The Auto Auction Center
Verified Rights Owner program works to ensure that listed items do not
infringe upon the copyright, trademark or other rights of third parties.
5.5 Manipulation. Neither bidders nor sellers may
manipulate the price of any item nor may you interfere with other user's listings or
- Your Information.
"Your Information" is defined as any information you provide to us or other
users in the registration, bidding or listing process, in any public message area
(including the Café or the feedback area) or through any email feature. You are solely
responsible for Your Information, and we act as a passive conduit for your online
distribution and publication of Your Information. With respect to Your Information:
6.1 Your Information (or any items listed therein): (a)
shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the
sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity or
privacy; (d) shall not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or
contain child pornography or, if otherwise adult in nature or harmful to minors, shall be
posted only in the Adults Only section and shall be distributed only to people legally
permitted to receive such content; (g) shall not contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (h) shall not create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link
directly or indirectly to or include descriptions of goods or services that: (aa) are
prohibited under this Agreement.
6.2 Solely to enable The Auto Auction Center to use
the information you supply us with, so that we are not violating any rights you might have
in that information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the
copyright and publicity rights (but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your Information. The Auto Auction
- Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any
robot, spider, other automatic device, or manual process to monitor or copy our web pages
or the content contained herein without our prior expressed written permission. You agree
that you will not use any device, software or routine to interfere or attempt to interfere
with the proper working of the The Auto Auction Center site or any auction being
conducted on our site. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure. Much of the
information on our site is updated on a real time basis and is proprietary or is licensed
to The Auto Auction Center by our users or third parties. You agree that you will
not copy, reproduce, alter, modify, create derivative works, or publicly display any
content (except for Your Information) from our website without the prior expressed written
permission of The Auto Auction Center or the appropriate third party.
You may not take any actions that may undermine the integrity of the feedback system. If
you do not follow any of our rules, your membership will be automatically suspended, and
you will be unable to list or bid.
Export. You acknowledge that your feedback consists of comments left by other users
and a composite feedback number compiled by The Auto Auction Center, and that the
composite number without the comments does not convey your full user profile. Because
feedback ratings are not designed for any purpose other than for facilitating trading
between The Auto Auction Center users, you agree that you shall not market or export your
The Auto Auction Center feedback rating in any venue other than The Auto Auction Center.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership and refuse to provide our services to
you: (a) if you breach this Agreement or the documents it incorporates by reference; (b)
if we are unable to verify or authenticate any information you provide to us; or (c) if we
believe that your actions may cause legal liability for you, our users or us.
- No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights which vary from state to
- Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR 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.
Some states do not allow the limitation of liability, so the foregoing limitation may not
apply to you.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors,
agents, and employees, 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 service and your bidding on, listing, purchase, solicitation of offers to
purchase, and sale of items.
- No Agency.
You and The Auto Auction Center are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
Any controversy or claim arising out of or relating to this Agreement or our services
shall be settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration shall be conducted in San
Jose, California, and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Either you or The Auto Auction Center may seek any interim or
preliminary relief from a court of competent jurisdiction in San Jose, California
necessary to protect the rights or property of you or The Auto Auction Center
pending the completion of arbitration.
This Agreement shall be governed in all respects by the laws of the State of California as
such laws are applied to agreements entered into and to be performed entirely within
California between California residents. We do not guarantee continuous, uninterrupted or
secure access to our services, and operation of our 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. 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.
Parental control protections (such as computer
hardware, software, or filtering services) are commercially available that may assist you
in limiting access to material that is harmful to minors. If you are interested in
learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm
or other analogous sites providing information on such protections.