User Agreement
This Agreement helps keep MOM PACK AUCTIONS
a safe place to buy and sell. MOM PACK AUCTION is built on
trust, and this Agreement helps promote that trust among all members of our
community.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH
MOM PACK AUCTION OFFERS YOU ACCESS TO OUR SERVICES. BY REGISTERING
WITH MOM PACK AUCTIONS, YOU ACCEPT THE TERMS AND CONDITIONS
BELOW.
We may amend this Agreement at any time.
- Eligibility for Membership. 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.
- Fees. Our then-current Fees and Credit Policies, are
incorporated herein by reference. Unless otherwise stated, all fees are quoted
in U.S. Dollars. You are responsible for paying all applicable taxes and for
all hardware, software, service and other costs you incur to bid, buy, procure
a listing from us or access our servers. We may in our sole discretion add,
delete or change some or all of our services at any time.
- MOM PACK AUCTIONS is Only a Venue. Our site
acts as the venue for sellers to conduct auctions and for bidders to bid on
sellers auctions. 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 and do not control whether or not sellers will complete the sale of
items they offer or buyers will complete the purchase of items they have bid
on. In addition, note that there are risks of dealing with foreign nationals,
underage persons or people acting under false pretense. We encourage you to
communicate directly with a trading partner to help you evaluate with whom you
are dealing.
Because we do not and cannot be involved in
user-to-user dealings, in the event that you have a dispute with one or more
users, you release MOM PACK AUCTIONS (and our 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.
For legal reasons, we cannot nor do we try to control
the information provided by other users (including feedback) which is made
available through our system. In particular, note that the pictures and
graphics displayed in seller's listing do not reside on our servers, and we do
not and cannot control these. By its very nature, other peoples
information may be offensive, harmful or inaccurate, and in some cases will be
mislabeled or deceptively labeled. We expect that you will use caution -- and
common sense -- when using our site.
- Bidding and Buying. If you bid on an item and your bid
is accepted by the seller, you are obligated to complete the transaction. Bids
are not retractable except in exceptional circumstances such as the seller
materially changing the description of the item after your bid or clear
typographical errors. You may not bid in a way that pulls other bidders to
their maximum bid, retract the high bid, and then rebid at a small increment
above the legitimate high bidder.
- Listing and Selling. Listings are text descriptions,
graphics and pictures on MOM PACK AUCTIONS's web site supplied by
you of either (a) the text describing the item you are listing for auction or
(b) links to the text, graphics and picture(s) describing the item you are
listing for auction. You may post on MOM PACK AUCTIONS's site either
or both of these listing types, provided that you place such listings in their
appropriate category, as MOM PACK AUCTIONS may require.
If you receive one or more bids at or above your stated
minimum or reserve price, then you are obligated to complete the transaction.
You may not email bidders in a currently open auction being run by a different
seller, offering similar or the same item at price levels below the current bid
(bid siphoning), nor may you use an alias to place bids to make your auction a
hot auction.
- Your Information. Your information includes any
information you provide to us or other users during the registration, bidding
or listing process, in any public message area or through any email feature
(defined herein as "Your Information"). With respect to Your Information:
You are solely responsible for Your Information, and we act as
a passive conduit for your online distribution and publication of Your
Information. However, we reserve the right to take any action with respect to
such information we deem necessary or appropriate in our sole discretion if we
believe it may create liability for us or may cause us to lose (in whole or in
part) the services of our ISPs or other suppliers.
Your Information and the sale of your item(s) on
MOM PACK AUCTIONS: (a) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (b) shall not violate any law, statute,
ordinance or regulation (including without limitation those governing export
control, consumer protection, unfair competition, antidiscrimination or false
advertising); (c) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (d) shall not be obscene, contain child
pornography or other pornographic or indecent material; (e) shall not contain
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