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User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH EBAY OFFERS YOU ACCESS TO
OUR SERVICES.
Welcome to AllAuto Inc.'s User Agreement. This Agreement describes the
terms and conditions applicable to your use of our services at AllAuto.com
(including the Great Collections category) and our general principles of
our International affiliates. If you have any questions that our User
Agreement Frequently Asked Questions at (http://www.allauto.com.au/auction/help/basics/f-agreement.html)
or our User Agreement Revision Frequently Asked Questions at (http://www.allauto.com.au/auction/help/basics/uarevision1-faq.html)
cannot answer, please contact agree-questions@ebay.com.
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 AllAuto Inc. This agreement was last revised on September 27th,
1999.
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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
AllAuto members.
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Fees and Services.
Joining and bidding on items at AllAuto is
free. Our Fees and Credits Policy is available (at http://www.allauto.com.au/auction/help/sellerguide/selling-fees.html)
and is incorporated by reference. We may change our Fees and Credits
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
taxes.
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AllAuto 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
transaction.
3.2 Safe Trading. Because user authentication on the Internet
is difficult, AllAuto 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. You may also wish
to consider using a third party escrow service or services that provide
additional user verification. See our Buying and Selling Tools page (at
http://www.allauto.com.au/auction/services/buyandsell/index.html).
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 AllAuto (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.
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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 item
is listed in a category under the Non-Binding Bid Policy (at http://www.allauto.com.au/auction/help/community/png-nbb.html)
or 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. If you choose to bid on adult items, you are
certifying that you have the legal right to purchase such
items.
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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. All Dutch auction items must
be identical (the size, color, make, and model all must be the same for
each item). At any one time you may not promote identical items in more
than ten (10) listings (whether Dutch or Regular auction style) on our
site.
5.2 Binding Bids. Except for items
listed in a category under the Non-binding Bid Policy, if you receive at
least one bid at or above your stated minimum price (or in the case of
reserve auctions, at or above the reserve price), you are obligated to
complete the transaction with the highest bidder upon the auction's
completion, unless there is an exceptional circumstance, such as: (a)
the buyer fails to meet the terms of your listing (such as payment
method), or (b) you cannot authenticate the buyer's identity.
5.3 Fraud. Without limiting any other remedies, AllAuto 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 VeRO Program. AllAuto's Verified Rights Owner (VeRO) program
works to ensure that listed items do not infringe upon the copyright,
trademark or other rights of third parties. VeRO program participants
and other rights owners can report infringing items, and have such items
removed. VeRO program participants and other rights owners may have
limited access to some of your personally identifiable information as
described in the Privacy Policy (at http://www.allauto.com.au/auction/help/community/png-priv.html).
5.5 Manipulation. Neither bidders nor sellers may manipulate
the price of any item nor may you interfere with other user's listings
or auctions.
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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 Mature Audiences 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; (bb) are identical to other items you have up for auction but
are priced lower than your item's reserve or minimum bid amount; (cc)
are concurrently listed for auction on a web site other than AllAuto's; or
(dd) you do not have a right to link to or include. Furthermore, you may
not list any item on our site (or consummate any transaction that was
initiated using our service) that, by paying to us the listing fee or
the final value fee, could cause us to violate any applicable law,
statute, ordinance or regulation, or that violates our current
Prohibited, Questionable and Infringing Items (at http://www.allauto.com.au/auction/help/community/png-items.html)
list.
6.2 Solely to enable AllAuto 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. AllAuto will only
use Your Information in accordance with our Privacy
Policy.
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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 AllAuto 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 AllAuto 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 AllAuto or the appropriate third party.
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Feedback.
You may not take any actions that may undermine the
integrity of the feedback system. If you earn a net feedback rating of
-4 (minus four), your membership will be automatically suspended, and
you will be unable to list or bid.
8.1 Export. You acknowledge that your feedback consists of
comments left by other users and a composite feedback number compiled by
AllAuto, 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 AllAuto users, you
agree that you shall not market or export your AllAuto feedback rating in
any venue other than AllAuto.
8.2 Import. We do not provide the technical ability to allow
you to import feedback from other websites to AllAuto because a composite
number, without the corresponding feedback does not reflect your true
online reputation within our community.
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Breach.
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.
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Privacy.
We are TRUSTe certified. This organization is
dedicated to building trust in the Internet by having member
organizations such as AllAuto disclose information practices. Our policy on
privacy is held to high standards by this independent third party
organization. Our current Privacy Policy is available (at http://www.allauto.com.au/auction/help/community/png-priv.html).
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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 state.
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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.
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Indemnity.
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.
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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.
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No Agency.
You and AllAuto are independent contractors, and no
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
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Notices.
Except as explicitly stated otherwise, any notices
shall be given by postal mail to AllAuto Inc. Attn: Legal Department 2125
Hamilton Ave., San Jose, CA 95125 (in the case of AllAuto) or to the email
address you provide to AllAuto during the registration process (in your
case). Notice shall be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid
and return receipt requested, to the address provided to AllAuto during the
registration process. In such case, notice shall be deemed given 3 days
after the date of mailing.
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Arbitration.
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 AllAuto 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 AllAuto pending the completion
of arbitration.
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Additional Terms.
The following documents are incorporated by
reference:
18.1 Our Privacy Policy is available at http://www.allauto.com.au/auction/help/community/png-priv.html.
We may change our Privacy Policy from time to time and our changes are
effective after we provide you with at least thirty (30) days' notice of
the changes by posting the changes on the announcements board and
sending email to users who select such notification.
18.2 Our Outage Policy is available at http://www.allauto.com.au/auction/help/community/png-extn.html.
We may change our Outage Policy from time to time and our changes are
effective after we provide you with notice of the changes by posting the
changes on the announcements board.
18.3 Our Board Usage Policy is available at http://www.allauto.com.au/auction/help/community/png-board.html.
We may change the Board Usage Policy from time to time and our changes
are effective after we provide you with notice of the changes by posting
the changes on the announcements board.
18.4 Our Non-Binding Bid Policy is available at http://www.allauto.com.au/auction/help/community/png-nbb.html.
We may change the Non-Binding Bid Policy from time to time and our
changes are effective after we provide you with notice of the changes by
posting the changes on the announcements board.
18.5 Our Listing Policy is available at http://www.allauto.com.au/auction/help/community/png-list.html.
We may change the Listing Policy from time to time and our changes are
effective after we provide you with notice of the changes by posting the
changes on the announcements board.
18.6 Our SafeHarbor Policy is available at http://www.allauto.com.au/auction/help/community/investigates.html.
We may change the SafeHarbor Policy from time to time and our changes
are effective after we provide you with notice of the changes by posting
the changes on the announcements board.
18.7 Our Prohibited, Questionable & Infringing Item Policy
is available at http://www.allauto.com.au/auction/help/community/png-items.html.
We may change the Prohibited, Questionable & Infringing Item Policy
from time to time and our changes are effective after we provide you
with notice of the changes by posting the changes on the announcements
board.
18.8 Our Non-Paying Bidder Policy is available at http://www.allauto.com.au/auction/help/community/npb.html.
We may change the Non-Paying Bidder Policy from time to time and our
changes are effective after we provide you with notice of the changes by
posting the changes on the announcements board.
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General.
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.
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Disclosures.
The services hereunder are offered by AllAuto Inc.,
located at 2125 Hamilton Ave., San Jose, CA 95125. If you are a
California resident, you may have this same information emailed to you
by sending a letter to the foregoing address with your email address and
a request for this information. Fees for our services are described at
http://www.allauto.com.au/auction/help/sellerguide/selling-fees.html.
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.
The Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs may be contacted in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
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