IMPORTANT:
Please read this User Agreement (the “Agreement”)
carefully. The Agreement governs your use of the AuctionsMiner.com
Website (the “Website”) and the services and goods provided
through or in connection with the Website (collectively, the “Service”).
Each time you use the Service, you acknowledge that you have read
and agree to be bound by the Agreement. If you do not agree to be
bound by the Agreement, you may not use the Service. Consult with
an attorney. This document affects your legal rights.
1. AuctionsMiner.com IS ONLY A VENUE.
The Website acts as an online Marketplace
for you to find and transact with other users, Members, buyers, or
sellers (the “Users”) showing products or services on
the Service or otherwise associated with the Service. AuctionsMiner.com
is not a broker, buyer or seller. AuctionsMiner.com is not
a party to any agreement you may make with regard to any product.
Any information you provide to a user, member, buyer or seller in
connection with your application remains with that party.
a. AuctionsMiner.com
is not responsible or liable for any products, services, information
or other materials displayed, purchased, or obtained by you from the
Website.
b. AuctionsMiner.com does not endorse,
warrant or guarantee the products or services of any seller, user,
member, buyer, or whomever.
c. AuctionsMiner.com is not liable for
any delays, inaccuracies, errors or omissions with respect to the
information or the transmission or delivery of all or any part thereof,
for any damage arising there from or occasioned thereby, or for the
results obtained from the use of the information. You assume the entire
risk as to the accuracy, adequacy, completeness, currency, validity
and quality of any information.
d. Any information on the Website can change
without notice.
2. TRANSACTIONS. You
may post content or view content posted by others on the Service.
AuctionsMiner.com does not monitor such content. You may act
as seller or buyer and correspond with, participate in promotions
by, and conduct transactions with the User. AuctionsMiner.com
is not a party to the transactions between you and the Users of the
Website.
The Agreement and any terms of service established by third parties
govern all transactions through the Service. By participating in a
transaction through the Service, you agree and accept the Agreement
and any terms of service established by third parties. AuctionsMiner.com
and any of AuctionsMiner.com 's Co-branded Partners, Licensees
and Affiliates (collectively "AuctionsMiner.com Partners")
assume no liability, obligation or responsibility in connection with
any transactions between you and the Users of the Website. If you
have a dispute with the Users or any third party, you release AuctionsMiner.com
(and its agents and employees) and its service providers 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 dispute. 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," as well as any other
statute or common law principle of similar effect in any state.
3. LINKS. AuctionsMiner.com and
AuctionsMiner.com Partners may provide links to external websites
or resources for your convenience and reference only. AuctionsMiner.com
and AuctionsMiner.com Partners do not endorse and are not responsible
for the availability of these external websites or resources or for
any content, advertising, products, or other materials on or available
from such external websites or resources. Your use of and dealings
with the owners or operators of these external websites or resources
are at your own risk. You cannot make any claim against AuctionsMiner.com
or its service providers arising out of your use of external websites
or resources.
4. MEMBER REGISTRATION.
You must register as a Member with AuctionsMiner.com to access
certain functions of the Website. You must provide certain current,
complete, and accurate information about yourself (the "Registration
Data") when registering as a Member or updating your Registration
Data. You agree not to misrepresent your identity. You agree to maintain
and keep your Registration Data current and to update the Registration
Data as soon as it changes. You are responsible for maintaining the
security of your password. AuctionsMiner.com and its service
providers are not liable for any loss that you may suffer through
the use of your password by others. You agree to notify AuctionsMiner.com
immediately of any unauthorized use of your account or of any other
breach of security known to you with respect to the Service. You agree
to report any violations of this Agreement by others to
CustomerService@AuctionsMiner.com .
5. OWNERSHIP. All of the material included on
the Website, including but not limited to trademarks, text, graphics,
logos and service marks (collectively, the "Content"), is
the property of AuctionsMiner.com and other parties. U.S. and
international copyright laws protects all Content available on the
Website. Your use of the Service and the Content does not transfer
to you any ownership or other rights in the Service or the Content.
You may download Content displayed on the Website for your personal,
noncommercial use only, provided you also retain all copyright and
other proprietary notices contained on the Content. You may not modify,
copy, distribute, transmit, display, publish, sell, license, or create
derivative works using any of the Content for commercial or public
purposes.
6.LICENSE.
a. Grant of License. You hereby grant to AuctionsMiner.com,
on all media, whether now known or hereinafter devised, a non-exclusive,
worldwide, assignable, royalty-free license to: display, publish,
use, reproduce, reformat, compile, archive, distribute, and transmit
all materials provided by you to AuctionsMiner.com that are
not clearly marked as confidential ("Member Content") and
display your name, trademarks and service marks (as used in connection
with Member Content). You may submit Member Content only in accordance
with AuctionsMiner.com’s current content submission guidelines.
AuctionsMiner.com shall have no obligation to post Member Content,
may remove Member Content, or may change or discontinue the Website
at any time in its sole discretion. AuctionsMiner.com has no
obligation to monitor Member Content submitted by you or others in
connection with the Website. Unless or until AuctionsMiner.com
specifies another form of delivery of Member Content or another URL
address, you may submit Member Content to AuctionsMiner.com
at http://www.AuctionsMiner.com.
As the sole consideration for the license and rights granted to AuctionsMiner.com
under the Agreement, AuctionsMiner.com will consider posting
Member Content on the Website.
b. Ownership, Copyright and Trademarks. You
retain all right, title and interest (subject to the license granted
herein) in and to Member Content you submit to AuctionsMiner.com,
and represent and warrant that such Member Content and the license
granted herein (i) is factually accurate; (ii) does not violate any
intellectual property rights; (iii) does not contain information which
is obscene or defames, libels or otherwise injures or interferes with
the privacy of others; and (iv) does not require the payment of any
kind by AuctionsMiner.com to others.
7. ACCEPTABLE USE OF THE WEBSITE. Your use of
the Service must be lawful and consistent with the security and reliability
of the Service and the World Wide Web. In addition, the following
rules apply to your use of the Service:
a. You certify to AuctionsMiner.com
that you are at least 18 years of age.
b. You assume full responsibility for the use
of the Service by any minors.
c. Your use of the Service is subject to all
applicable local, state, national and international laws and regulations.
Your conduct is subject to Internet regulations, policies and procedures.
d. You are solely responsible for the content
of your transmissions and any products you may buy or sell through
the Service. You acknowledge and agree that AuctionsMiner.com
does not endorse the actions, the contents of communications, or the
products of the Users.
e. You must obtain and maintain any equipment
or ancillary services needed to connect to, access or otherwise use
the Service, including, without limitation, modems, hardware, software,
and long distance and local telephone service. You are responsible
for ensuring that such equipment and ancillary services are compatible
with the Service.
f. You must complete all transactions you agree
to complete in connection with the Service.
g. In your capacity as a buyer or seller, if
applicable, you will be solely responsible for all aspects of transaction
order processing and fulfillment, including but not limited to processing
credit card information, authorization and fraud detection, shipping
and handling, buyer/seller support and service inquiries.
h. You must abide by all of the-then current
terms of AuctionsMiner.com’s Privacy
Policy as set forth on the Website and as updated from time to
time by AuctionsMiner.com in its sole discretion.
i. You shall comply with all applicable domestic
and international 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.
8. PROHIBITED CONDUCT. You must not: (a) use
the Service for any illegal purpose or for the transmission of any
material that is unlawful, harassing, libelous, invasive of another's
privacy, abusive, threatening, harmful, vulgar, obscene, tortious,
or otherwise objectionable, or that infringes or may infringe the
intellectual property or other rights of another, including the sale
of pornography, firearms and ammunition, living creatures and parts
of endangered species, stocks and other securities, drugs and drug
paraphernalia, human body parts and remains; (b) directly or indirectly
interfere or attempt to interfere with the proper working of the Website,
any account, or any communication or transaction being conducted on
our Website; (c) use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the Content without
our prior expressed written permission; (d) take any action which
imposes an unreasonable or disproportionately large load on our infrastructure,
(e) use or disclose (to anyone except AuctionsMiner.com) any
information you obtain about or from other users of the Service, or
you obtain from AuctionsMiner.com if such information is marked
confidential, for any purpose except fulfillment of orders initiated
by the Users or negotiating prices with the Users, (f) conduct fraud,
hide or attempt to hide your identity, represent yourself as someone
else, or manipulate or attempt to manipulate prices, compromise or
attempt to compromise the security of any account, interfere or attempt
to interfere with the proper working of the Service, or (g) send any
unsolicited e-mail or advertising to any known user.
9. PRIVACY POLICY. Please see AuctionsMiner.com’s
Privacy Policy. By accepting the Agreement, and each time you use
the Service, you consent to AuctionsMiner.com’s collection,
use and disclosure of your information or Registration Data in accordance
with the Privacy Policy without any further notice or any liability
to you or any other person.
10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY
AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. AuctionsMiner.com
PROVIDES THE SERVICE ON AN "AS IS" BASIS. AuctionsMiner.com
AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND AND NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. AuctionsMiner.com AND
ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DO AuctionsMiner.com OR ITS SERVICE
PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY
OF USER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL
OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. AuctionsMiner.com
AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE
OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER USERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM AuctionsMiner.com OR THROUGH THE SERVICE, SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
While AuctionsMiner.com takes reasonable steps to safeguard
and to prevent unauthorized access to your information and Registration
Data, we cannot be responsible for the acts of those who gain unauthorized
access, and we make no warranty, express, implied, or otherwise, that
we will prevent unauthorized access to your private information. IN
NO EVENT SHALL AuctionsMiner.com BE LIABLE FOR ANY DAMAGES
(WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL
OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD
PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY,
TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER
AuctionsMiner.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT
DAMAGES WERE POSSIBLE.
11. LIMITATION OF LIABILITY. AuctionsMiner.com
AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AuctionsMiner.com
OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL AuctionsMiner.com
AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES,
AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING
BY AuctionsMiner.com OR ITS SERVICE PROVIDERS OR ANY PERSON
FOR WHOM EITHER AuctionsMiner.com OR ITS SERVICE PROVIDERS
ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AuctionsMiner.com
FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
12. INDEMNIFICATION. You agree to indemnify
and hold AuctionsMiner.com, its subsidiaries, affiliates, officers
and employees, and service providers harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due
to or arising out of your use of the Service, the violation of this
Agreement by you, or the infringement by you, or other user of the
Service using your computer, of any intellectual property or other
right of any person or entity. Even though prohibited, people may
provide information that is offensive, false, harmful, or deceptive.
AuctionsMiner.com and its Service providers assume no responsibility
whatsoever for such content or actions.
13. RELEASE. YOU HEREBY RELEASE, REMISE AND
FOREVER DISCHARGE AuctionsMiner.com AND ITS SERVICE PROVIDERS
AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND
LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS
FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES
OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS,
AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER
ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH
ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
14. TERMINATION. If you breach any provision
of this Agreement, you may no longer use the Service. AuctionsMiner.com
may, in its sole discretion, change, suspend, or terminate, temporarily
or permanently, the Service or any part of it at any time, for any
reason, without notice to you and without liability to you or any
other person. If AuctionsMiner.com terminates this Agreement
for any reason, it continues to apply and bind you with respect of
your prior use of the Service, including payment of any charges accrued
in connection with use of the Service. Upon termination, AuctionsMiner.com
may remove from the Website and permanently delete and destroy any
Member Content that you or others may have posted or submitted without
any prior notice or liability to you or any other person.
15. DISPUTE RESOLUTION (The "Arbitration Clause").
In the event of a dispute, you and AuctionsMiner.com agree
to submit to binding arbitration. The arbitration will be held before
one arbitrator on an individual basis and not as a class action. You
waive any right you may have to arbitrate a dispute as a class action.
You may select one of the following arbitration organizations and
its applicable rules: the American Arbitration Association, 335 Madison
Ave., Floor 10, New York, NY 10017-4605 (http://www.adr.org/),
or JAMS, 410 17 th Street, #1600, Denver, Colorado 80202 (http://www.jamsadr.com/).
You may obtain a copy of the rules of each organization by contacting
the organization.
Arbitration shall be conducted by a person licensed to practice law
and knowledgeable in the area of dispute, jointly selected by the
parties pursuant to applicable rules. The arbitrator shall apply governing
substantive law in making an award. The arbitration hearing shall
be conducted in Denver, Colorado. All costs associated with the dispute
resolution shall be divided equally between the parties. Each party
shall be responsible for its own attorney, expert and other fees,
unless awarded by the arbitrator under applicable law. The prevailing
party in such action shall be entitled to recover reasonable attorneys’
fees. “Prevailing party” includes, without limitation,
a party who agrees to dismiss an action upon the other party’s
payment of the sums allegedly due or performance of the covenants
allegedly breached, or who obtains substantially the relief sought
by it.
The arbitrator's award is final and binding on all parties. The Colorado
Arbitration Act governs all arbitration under this Arbitration Clause.
Any court having jurisdiction may enter judgment on the arbitrator's
award. If any part of this Arbitration Clause, other than waivers
of class action rights, is deemed or found to be unenforceable for
any reason, the remainder remains enforceable.
You and AuctionsMiner.com retain the right to sue in small
claims court in Denver, Colorado for a dispute within that court's
jurisdiction, unless such action is transferred, removed or appealed
to a different court. You and AuctionsMiner.com do not waive
the right to arbitrate by filing suit.
a. THIS AGREEMENT PROVIDES THAT ALL
DISPUTES BETWEEN YOU AND AuctionsMiner.com WILL BE RESOLVED
BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
b. IF A DISPUTE IS ARBITRATED, YOU
GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS
MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST AuctionsMiner.com
INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL
ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS
TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN
CONSUMER ACT, WIS. STATS. § 426.110.
c. DISCOVERY AND RIGHTS TO APPEAL IN
ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER
RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
16. GENERAL. The Agreement comprises the entire
agreement between you and AuctionsMiner.com and supersedes
all prior agreements regarding the subject matter contained herein.
AuctionsMiner.com may amend the terms and conditions of this
Agreement (the "amended terms") from time to time. If you
continue to use the Service after the amended terms become effective,
you are deemed to have agreed to be bound by the amended terms. If
you do not agree to the amended terms, then you agree not to use the
Service. Your continued use of the Service constitutes an affirmative:
(a) acknowledgment by you of this Agreement and its amended terms;
and (b) agreement by you to abide and be bound by the Agreement and
its amended terms. Except as set forth below, you must make all notices
to AuctionsMiner.com in writing via conventional mail or e-mail
addressed to
CustomerService@AuctionsMiner.com .
If you believe that any content posted on the Website infringes any
of your intellectual property rights or the intellectual property
rights of any third party, you must promptly provide the following
notice in writing to AuctionsMiner.com to
CustomerService@AuctionsMiner.com ; AuctionsMiner.com
may change this address at any time by posting a notice to the Website:
(a) a physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyright work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site; (c) identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material; (d) information reasonably sufficient
to permit us to contact you; (e) a statement that you have a good
faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent or the law; and
(f) a statement under penalty of perjury that the information in the
notification is accurate and that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
The Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado (without regard to conflict of laws
provisions thereof). If any provision(s) of the Agreement is held
contrary to law, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect. AuctionsMiner.com's
failure to exercise or enforce any right or provision of the Agreement
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by AuctionsMiner.com in writing. The section
titles in the Agreement are used solely for the convenience of the
parties and have no legal or contractual significance.
