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Terms and Conditions & User Agreement

 

PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES OFFERED BY MLMauction, LLC and ITS AFFILIATES (COLLECTIVELY known as “MLMauction,” “WE”, OR “US”).   BY ACCESSING OR USING IN ANY MANNER THE MLMauction WEBSITE OR ANY OTHER WEBSITE, SERVICE OWNED OR OPERATED BY US (COLLECTIVELY THE “WEBSITE”), USER AGREES THAT USER HAS READ AND AGREES TO BE BOUND BY, AND A PARTY TO, THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE (“AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS.   IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.   IF USER DOES NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, USER WILL HAVE NO RIGHT TO USE THE SERVICES OR WEBSITE (AS THOSE TERMS ARE DEFINED BELOW).   USE OF THE WEBSITE AND SERVICES IS EXPRESSLY CONDITIONED UPON USER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS WEBSITE TO THE EXCLUSION OF ALL OTHER TERMS.  

  1. NOTE.

This is an auction for goods, not a lottery or gaming contest.   The items listed for sale are goods, not prizes.   Therefore, there are no traditional odds of winning.  Each auction is unique and the results of all auctions offered on MLMauction depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.  Users understand that there is no guarantee of success. 

Just as in any goods sold in an auction format, the odds that User will be the final purchaser of that item depends on how many people are willing to bid and whether User is willing to continue to outbid them.   Bidding numerous times in a row or bidding more times than another person does not increase User’s chances.   In this auction, the last bid placed is the one that wins.   The bids User purchases are opportunities to bid on an auction.   User cannot place an auction bid unless User is a member of our website and has bids on credit in User account.   Bids are not tickets; they are purchased opportunities to place a bid on one of our auctions.

  1. ACCESS TO THE SERVICES.

Subject to the terms and conditions of this Agreement, MLMauction may offer to provide certain services, as described more fully on the Website, and which are selected by User through the process provided on our Website(s) ("Services"), solely for User’s own use, and not for the use or benefit of any third party.   The term "Services" shall include, without limitation, any service MLMauction performs for User and the content offered by MLMauction on the Website.   MLMauction may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content.   MLMauction may also impose limits on certain features and services or restrict User access to parts or all of the Services without notice or liability.   MLMauction RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING USER A NOTICE VIA EMAIL.   USER SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS.   USE OF THE SERVICES BY USER FOLLOWING SUCH NOTIFICATION CONSTITUTES USER ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.

MLMauction does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register.   If User is under 18, User MAY NOT attempt to register or send any information about User to us, including User’s name, address, telephone number, or email address.   No one under age 18 may provide any personal information to or on MLMauction.   In the event that we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible.

User represents and warrants to MLMauction that:  (i) User is an individual (i.e., not a corporation) and User is of legal age to form a binding contract, and User is at least 18 years or age or older; (ii) all registration information User submits is accurate and truthful; and (iii) User will maintain the accuracy of such information.   User also certifies that User is legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the Services and access of the Website.   This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.

The Website and Services are offered by MLMauction from its facilities in the United States of America.   Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.   MLMauction reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.   Any offer for any feature, product or service made by MLMauction is void where prohibited.   If User chooses to access the Website from outside the United States, User does that on User’s own initiative and User is solely responsible for complying with applicable local laws.

  1. APPLICABILITY OF TERMS AND CONDITIONS.

By checking the "Yes, I Agree to Terms" box, User represents and warrants that User fully understands and agrees to comply with all of the following terms and conditions, and that failure to abide by these terms and conditions may result in account closure, forfeiture of bids and/or legal action against User.  If User has any questions as to these terms and conditions, we encourage User to seek independent counsel prior to checking the "Yes, I Agree to Terms" box.

  1. WEBSITE CONTENT.

All materials displayed or performed on the Website (also known as the "Content") are protected by copyright.   User shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website or Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by User, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.   User shall not remove, obscure, or alter any notices or links (e.g., links to MLMauction’s Privacy Policy and Terms of Use) on the Website or any of its features or tools.   The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws.   User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.  

  1. REGISTRATION.

In order to access the Auctions (the "Auctions") and certain other features of the Website User may be required to register with MLMauction and select a password and Username ("User ID").   User shall provide MLMauction with accurate, complete, and updated registration information.   Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account.   User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than User without appropriate authorization.  The user name must not be offensive, selected to deceive other users, may not convey the appearance of affiliation with MLMauction, may not offend common decency or infringe upon the rights of third parties. MLMauction reserves the right to amend any user name without prior notice if it is reasonably believed to be in contravention of these aforementioned Terms and Conditions.  User names may NOT contain MLMauction, BIDZ, 4KIDZ, KIDZ, ADMIN, ADMINISTRATION, END, ENDED, CLOSE, CLOSED, FINISH, FINISHED and or anything that implies the User is connected to and or works for MLMauction.com or anything that implies that an auction is closing or closed. Any violation of these rules will result in immediate cancelation of the users account with no refund or compensation for lost bids and or auctions.  MLMauction reserves the right to refuse registration of, or cancel a User ID in its discretion.  

User shall be responsible for maintaining the confidentiality of User’s password.   User may never use another's User ID or account.   User must notify MLMauction immediately of any breach of security or unauthorized use of User’s account.   Although MLMauction will not be liable for User’s losses caused by any unauthorized use of User’s account, User will be liable for the losses of MLMauction or others relating to any such unauthorized use.   Only one account per person is allowed, unless otherwise expressly approved by MLMauction.   Only individuals may open an account, not entities, companies, trusts, co-ops, etc.   Either User or MLMauction may, at any time, terminate User’s account, for any reason or no reason, with or without notice.   An account will be terminated if such action will protect the rights of other Users, or to prevent unauthorized manipulation or use of the Website.   Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple User accounts by the same individual.   In case of a breach of these Terms and Conditions of Use, MLMauction reserves the right to withhold deliveries or refunds for bids.   If MLMauction terminates User’s account for any reason other than User’s violation of these Terms and Conditions of Use, the Website rules and regulations, and/or User’s violation of law, then MLMauction shall return to User the balance of any purchased and paid Bids (as defined below).

Only one account per person will be allowed and only two Users per IP address.   If a person attempts to open more than one account, all accounts belonging to that person may be terminated without notice at our sole and absolute discretion and all bids forfeited.

  1. REJECTION/TERMINATION.

MLMauction may reject User’s Application and/or terminate User’s Membership at any time and for any reason, in our sole discretion.   Such reasons may include, without limitation: (a) where MLMauction believes that User is in any way in breach of the Agreement; and (b) where MLMauction believes that User is, at any time, conducting any unauthorized commercial activity by and through User’s Membership; (c) Account registration does not match the name on the credit card account or other payment accounts used to make purchases; (d) if User connects from a jurisdiction where participation in the games is prohibited by law

User agrees to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms and Conditions of Use.   User agrees that User will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by MLMauction.  User agrees not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other Users.  User agrees that User will not, nor will User permit others to, cover or obscure any banner or other advertisements on the Website.   User may not sell, license, or otherwise transfer User’s account, except by operation of law.   User understands and agrees that MLMauction is not responsible or liable in any manner whatsoever for User’s inability to use the Site, MLMauctionServices and/or become a Member.  

  1. ELIGIBILITY.

By placing a bid on the Website, User declares that User is legally capable of entering into binding contracts and is at least 18 years old.  Products and Services are offered exclusively to private Users and not to commercial entities.

  1. DAILY/ MONTHLY WINNING.

A Person/User can only win 10 times daily.

A Person/User can only win 40 times within a 30 day period.

Failure to comply with these terms will result in account being suspended.

Any of these MLMauction rules that are not followed and the account is suspended the User forfeits any of User’s wins for a refund of the amount User paid less a 15% processing fee per product.   If an account is suspended, it is MLMauction’s sole discretion to let the User become a member again.   These rules on daily and monthly winnings must be followed to insure a fair/fun auction for all of those involved.  

If User’s account is suspended for 30 days it is User’s responsibility to contact us to ask to be unsuspended and be a member again.  Contact: support@MLMauction.com.

  1. BIDS AND BID PACKS.

Each bid placed by a User with an authorized and active Account in connection with an Auction ("Bids"), must be purchased and paid for by User prior to initiating such Bid.   Bids are purchased only in packs comprised of a minimum quantity ("Packs") at the currently applicable price(s).   Payment for Packs shall be made by credit/debit card or such other payment options, which are identified on the Website.   Bids or Bid Packs are non-transferable and non-refundable.   If any payment by a User for Bid Packs or products is returned or dishonored, the User may be charged a fee equal to $40 or 15% (whichever is greater), which is a fair approximation of MLMauction’s costs and expenses of such return.  Without limitation to any other rights or remedies, MLMauction reserves the right to disable such User's Account until all obligations are paid in full.

Free and promotional Bids and Bid Vouchers are valid for 7 days after credited to an Account, or as dictated by promotional details.  Purchased Packs and Bids are valid for the duration of User’s Account.   When a Bid is placed in an Auction, the Bid is deducted from the User's Account and can no longer be used.   Each Bid placed constitutes an irrevocable offer by such User to purchase the product under the terms and conditions for such Auction.   Upon completion of the Auction, MLMauction will accept the winning Bid, whereupon, an agreement for purchase of such product shall be made and be binding upon such User and MLMauction, under the terms and conditions of such Auction.

  1. TYPES OF AUCTIONS.

MLMauction currently has a variety of Auction Types that will be offered to Users and reserves the right to make changes or add additional types of Auctions at our sole discretion with no obligation to prior Users of completed Auctions.   The types of Auctions may include but are not limited to the following (1) Standard Auctions, (2) Penny Auctions, (3) Beginner Auctions, (4) Premier Auctions, (5) Seat Auctions and/or (6) Speed Auctions or any new type of auctions MLMauction may implement on this website.

Each Product auctioned through the website is auctioned for a pre-designated auction period (“Auction Period”), but each such Auction Period is subject to extension where prospective Buyers place bids (“Bids”) on the subject Product during the last twenty (20) seconds of the applicable Auction Period (the “Countdown Period”).   The Bids placed for all auctions shall be in increments of One Cent ($0.01), depending on the pre-determined rules applicable to each auction (“Bidding Increment”).   Each time a prospective Buyer places a Bid on a Product during the Countdown Period, an extra allotted time is added to that Product’s Auction Period, and the bidding price of the Product will be increased by the applicable Bidding Increment.  

An auction ends when the Auction Period clock reaches zero.   Other than where there is a Reserve Price (as defined below), the auction winner (the “Winner”) is the last member to place a Bid, as determined solely by MLMauction records.   UPON THE END OF AN AUCTION, ALL BIDS USED ON THAT AUCTION, BY NON-WINNER(S), WILL EXPIRE AND WILL NOT BE CREDITED OR REFUNDED TO THE RESPECTIVE BIDDERS.    

Winners are required to pay the final Bid price, plus any applicable shipping and handling charges (together, the “Total Price”).   In order to facilitate communication regarding payment and shipment, the email address of each Winner will be made available to the applicable Seller whose Product was featured in the subject auction, and the e-mail address of that Seller shall be made available to the Winner.    

Notwithstanding the foregoing, neither the Winner nor the Seller shall be permitted to use the other party’s e-mail address for commercial purposes, or may share the other party’s e-mail address with any third party for any purpose whatsoever.   Notwithstanding, anything contained in the Agreement, MLMauction is not an auctioneer.   Although the Site may be referred to as an online auction website, it is important to realize that MLMauction is not a traditional auctioneer and, as such, is not subject to applicable state and federal auctioneer law. 

Users understand and agree that MLMauction is not responsible or liable in any manner whatsoever for User’s inability to place a bid on an applicable Product.   User understands and agrees that MLMauction is not responsible or liable in any manner whatsoever for User’s inability to use the MLMauction Services, including the eShopz, or for any dispute between User and any Seller, manufacturer or distributor.   MLMauction shall not be liable to User or any third party for any claim in connection with any of the Products offered by any Seller, manufacturer or distributor. 

  1. RESERVE AUCTIONS

Items in the Reserve Auctions have a reserve price.   This price is randomly generated, and is hidden from view.   The Auction description will designate a range in which the reserve price is contained.   Unless otherwise set forth in such Auction, each Bid increases the current high bid for the Auction by an amount equal to one cent ($.01), which is an increase in the purchase price by the amount reflected in the Auction.   The Auction ends when a User places a Bid that matches the hidden reserve price and no other bidder outbids them.   The User with the Bid that matches the hidden reserve or higher wins the Auction at the applicable purchase price.   All other Bids placed on the item expire and will not be credited back to any Account nor be eligible for use.   The winning bidder is determined based upon our records and will be determined at MLMauction’s sole discretion.  Reserve auctions are dictated by an      image at the top of each auction.

http://www.auctionbidpoint.com/userfiles/r_icon.pngBidding Rules. 

By placing a Bid on a Product, User is making a legally binding offer to purchase that Product at the then existing Total Price.  ONCE A BID IS USED, IT CANNOT BE CANCELED OR REFUNDED. In the event that User is a Winner, User hereby agrees to complete the transaction and purchase the Product for the Total Price.   Failure to complete the transaction and purchase the Product for the Total Price shall constitute breach of the Agreement, render User liable for all damages arising there from, result in the forfeiture of User’s right to purchase the applicable Product, may result in the immediate termination of User’s Member Account and all Bids used to win that product shall expire and be non-refundable.

USER IS STRICTLY PROHIBITED FROM PLACING BIDS, OR CAUSING BIDS TO BE PLACED, ON ANY PRODUCT FOR THE PURPOSE OF ARTIFICIALLY INCREASING BIDDING PRICES, MANIPULATING THE BIDDING PROCESS OR INFLUENCING MEMBER BEHAVIOR.

  1. BIDZ BUDDY AUTO-BIDDER TOOL.

The Bidz Buddy tool made available to prospective Buyers on the automatically places Bids on User’s behalf up to the maximum Bid amount set by User in advance (the “Maximum Bid”).   User’s use of the Bidz Buddy constitutes a legally binding offer by User to purchase the applicable Product for an amount up to and including the Maximum Bid.   BIDS PLACED BY BIDZ BUDDY MAY NOT BE CANCELED ONCE THE APPLICABLE AUCTION BEGINS AND SUCH BIDS ARE NON-REFUNDABLE.   USER IS STRICTLY PROHIBITED FROM USING ANY BIDDING SOFTWARE OR AUTOMATED BIDDING MECHANISM OTHER THAN THE BIDZ BUDDY OR OTHER SOFTWARE MADE AVAILABLE BY MLMauction.   User understands and agrees that MLMauction is not responsible or liable in any manner whatsoever for User’s inability to use the Bidz Buddy.  

  1. COMPLETING PURCHASE OF ITEM(S).

The winning bidder (User) of each Auction must go to the “Won Auctions” section to acknowledge all of the applicable Auction and purchase information, including purchase price, shipping costs, payment options, and shipping instructions.   The User must select a payment option and pay the purchase price, plus handling/shipping costs, plus applicable taxes.   If an Auction win has not been acknowledged and paid within two days or (48) hours of the Auction end-date/time, MLMauction reserves the right to reject the offer to purchase the product.  Upon payment of the applicable purchase price, the handling/shipping costs, and taxes MLMauction shall initiate shipment of product(s) to address information supplied by the winning bidder.

  1. TECHNICAL PROBLEMS.

If a system outage occurs and if no bids can be submitted for items due to an unforeseeable disruption in a system, auctions will be temporarily halted and the remaining times for the Auctions, the current bidding price and the current highest bidder will be maintained.   After the disruption has been resolved, the Auctions will be continued and up to 5 minutes will be added to the remaining times for the Auctions.   Temporarily halted Auctions are clearly indicated.   Bids placed on a temporarily halted Auction shall not be credited back on a User's account and are not eligible for a refund for bids used or other costs incurred.

  1. PAYMENTS.

The User acknowledges that they are responsible to make any/all payments due for bids/bid packs, items to be purchased, handling/shipping and all other applicable charges via one of the payment methods offered by MLMauction.

The User waives any and all rights to dispute any credit card charge, debit card charge or other payment method once any bids have been transferred to the member(s)/User(s) account, and/or when any Auction(s) has/have been completed or any item has been shipped to the User.   Any attempt to circumvent the payment obligation(s) of the User shall be deemed as fraudulent and MLMauction reserves the right to apply reasonable additional charges for the collection of monies due and costs associated with enforcement of the payment obligations of the User.   Disputes that cannot be resolved with our staff or management under our standard dispute resolution policy or covered under the damaged goods/shipping procedures may be submitted for binding Arbitration or Mediation in the judicial venue, of Lexington County, SC.  Prior to making any purchase on this website, MLMauction recommends that the User contact MLMauction for any information pertaining to payment obligations, procedures, refund policies, or any relevant issue regarding the payment of bids, goods, and services. 

  1. RETURNS AND CANCELLATIONS.

Except for all personal items, and including but not limited to audio or video recordings, computer software, products purchased from MLMauction may be returned within seven (7) days after receipt of the product, in original condition and in original unopened packaging and material.  User must contact us within two (2) business days from receiving the product to obtain complete details of our “Returns & Cancellations” policies and procedures.  MLMauction does grant winning bidders the right to cancel an order.  This right is conditional and begins from the moment the Auction is concluded. 

If a User wishes to cancel the contract to purchase the item, they are entitled to do so.  The right to cancel ends immediately when payment is made for the item(s).  Bids placed on the Auction(s) are NOT eligible for a refund.  If MLMauction elects to issue a refund, refunds are only available via a credit to original payment method used for the transaction.  All refunds will be less the appropriate handling fee.   All refunds or credits will be at the sole discretion of MLMauction. 

In order to complete a cancellation or return, User must return the received product or products in new condition.  Shipping expenses for returns will be paid by User unless goods are found to be defective.   MLMauction will not accept a return if User is unable to return the service or product received or is only able to return it in part or in a damaged or used condition.

Should MLMauction incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by User.

If User wishes to cancel an order, User must inform MLMauction by email that User wants to cancel within the time period noted above.  Cancellations by phone will not be accepted.  The following contact email must be used:  support@MLMauction.c om.

Bids are a limited license to participate in MLMauction auctions and have no monetary value.  Users may not obtain any money in exchange for Bids.

To the extent there are unused Bids in a User’s account, and there has been no activity for one year, the User’s account will be deactivated.  In order to reactivate the account, User must contact MLMauction by telephone or email at support@MLMauction.com to request reactivation.  Reactivations are at the sole discretion of MLMauction.  

Some exceptions may apply. If an exception does apply, it will be noted on the auctions return information on the individual auction page.  Exclusions include Free Bids, Coupons, and Voucher Bids.  If a User is found to be in bad standing due to fraudulent behavior, excessive refund requests, or other such behavior, said User is deemed to be in breach of the Terms & Conditions and will not be eligible for a refund. 

  1. CANCELLATION OF MEMBERSHIP. 

Users may cancel their Membership at any time if they are not completely satisfied.  To cancel a Membership, Users must contact MLMauction Customer Service via telephone or email listed on the official MLMauction website, www.MLMauction.com.  Users must have their e-mail address and other Registration Data available for efficient processing of the cancellation order.  Users shall not receive any refund for amounts previously paid up to the date of cancellation or termination and remain liable for any and all unpaid charges billed by MLMauction Users understand and agree that cancellation of Membership is User’s sole right and remedy with respect to any dispute with MLMauction Upon any termination and/or cancellation of a Membership, User’s license grant, as set forth in Section 16 herein shall immediately terminate. 

  1. DELIVERY.

Unless otherwise stated, delivery will be made directly from our warehouse/facilities or our third party suppliers’ warehouse to the address provided by the User.  This may take up to 4 weeks for delivery.  We reserve the right to have items shipped directly from Third Party providers when necessary and the User acknowledges that we are not responsible for delays that occur based on the actions of any third party.  Standard deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S.  sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands).  Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii.  Please check notifications on the detail pages of the Auctions in advance.  International deliveries at this time will have to contact us for additional shipping cost that may incur additional shipping and handling charges.  Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed.  MLMauction shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer.  Obvious damage to the item from transport or packaging damaged during transport is to be reported within two (2) business days to MLMauction upon taking delivery.  Should MLMauction not be able to deliver the item ordered, MLMauction shall be entitled to substitute the item with a comparable replacement product with same or better features, or provide a refund of an Auction end price to the User based upon the User’s preference.  Shipping costs will be paid by the auction winner unless expressed otherwise (MLMauction promotions, VIP Club member benefits, etc.).  Shipping will be made via regular ground shipping by a reputable shipping company or the United States Post Office.

  1. PLEASE NOTE!

International deliveries of winnings of the Auctions are conducted according to the laws of the United States of America as they pertain to the transmission of funds to foreign countries or entities.  If User wins a monetary auction and resides outside the United States, User will have to contact the MLMauction Team who will assist User with receiving User’s won auction item.  User may be required to provide additional personal information and confirm the information User provided in User’s registration form.  If it is determined by MLMauction that the information on User’s registration form grossly conflicts with the information User provided to the MLMauction Team member, User may be denied delivery of User’s won item until all of the information User has provided can be substantiated, at which time we will send User User’s won item. 

  1. RESTRICTIONS.

Users are responsible for all activity in connection with the Services and accessing the Website.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to Services or to access the Website.  Users may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MLMauction User.  Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.  User will not run Mail-list, Listserv, any form of auto-responder, or "spam" on the Website, or any processes that run or are activated while Users are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure.  Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited.  User agrees not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a conventional on-line web browser.  User will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with User’s activity on the Website.

  1. NON COMMERCIAL USE BY USERS.

The Services are for User’s personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MLMauction.  Illegal and/or unauthorized use of the Services, including collecting Usernames and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Services are prohibited.  Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and result in termination of Account privileges, which is without limitation to other legal action that may be taken by MLMauction.

  1. ACKNOWLEDGEMENT.

By accepting these terms and conditions User is agreeing that participation and use of the website is voluntary and at User’s sole discretion.  Registration and participation is made solely based on the content of the website by the User and nothing said by any employee of MLMauction has been an inducement to register and participate.  User further acknowledges and agrees that participation in the Auctions is for entertainment and is not gambling and that winning items that User bids on is NOT a game of chance, lottery or raffle.  Strategies developed and utilized during User’s bidding are solely based on User’s decisions and that MLMauction is not liable or responsible in the event that User’s strategies do not result in winning any auctions.  Any tutorials or guidance that User receives from MLMauction are being provided solely for educational purposes and bidding decisions are at User’s sole discretion.

  1. WARRANTY DISCLAIMER.

MLMauction has no special relationship with or fiduciary duty to User.  MLMauction is not responsible for any incorrect or inaccurate content posted on the Website or in connection with any of the Services provided, whether caused by Users or by any of the equipment or programming associated with or utilized in any of the Services.  MLMauction is not responsible for the conduct, whether online or offline, of any User.  MLMauction assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Services or products.  MLMauction is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to the User and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or products.  Under no circumstances shall MLMauction be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline.  THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

All new products are sold with the manufacturer's limited warranty only.  MLMauction warrants solely that the products sold to the User under these terms   shall have the characteristics specified in that manufacturer’s specifications for any such products as set forth in the description of each Auction and assumes no further warranties.  The warranty period and service varies by manufacturer and product.  The full text of any such warranty is available, free of charge, upon written request mailed to MLMauction.  Warranty is excluded for delivery of used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, MLMauction MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY MLMauction OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.   MLMauction SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, AND MISUSE OF THE PRODUCTS BY USER OR ANY OTHER PERSON FOLLOWING DELIVERY BY MLMauction.

  1. PRIVACY POLICY.

For information regarding MLMauction’s treatment of personally identifiable information, please review MLMauction’s current Privacy Policy at www.MLMauction.com .  (I think Kevin Thompson has created one of these for us.  Cornelius also has one.  We need to go over it as well.) 

  1. INDEMNITY.

User will indemnify and hold MLMauction, its parents, subsidiaries, affiliates, officers, members, and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User’s access to the Website, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.

  1. LIMITATION OF LIABILITY.

IN NO EVENT SHALL MLMauction OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY; FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY MATTER BEYOND MLMauction’S REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

  1. THIRD PARTY WEBSITES

The Website may contain links to third party websites that are not owned or controlled by MLMauction.  When User accesses third party websites, User does so at User’s own risk.  MLMauction encourages User to be aware when User leaves the Website and to read the terms and conditions and privacy policy of each third party website that User visits.   MLMauction has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites.   In addition, MLMauction will not and cannot monitor, verify, censor or edit the content of any third party site.

By using the Website, User expressly relieves MLMauction from any and all liability arising from User’s use of any third party website.  User’s interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such organizations and/or individuals.  User should make whatever investigation User feels necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  User agrees that MLMauction shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between participants on this site, or between Users and any third party, User understands and agrees that MLMauction is under no obligation to become involved.  In the event that User has a dispute with one or more other Users, User hereby releases MLMauction, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.  If User is a California resident, User waives California Civil Code Section 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."

  1. COPYRIGHT DISPUTE POLICY.

MLMauction has adopted a general policy regarding copyright Infringement.  Please contact MLMauction for any information required if User feel that a copyright issue exists.  Send inquires to support@MLMauction.c om

The Agreement shall be treated as though it were executed and performed in State of South Carolina and shall be governed by and construed in accordance with the laws of the State of South Carolina  (without regard to conflict of law principles).   Should a dispute arise concerning the MLMauction Services, the Site, Membership, Marketplace, User History, Products, the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in South Carolina in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.   Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.   Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.   To the extent permitted by law, User agrees they will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that User may have against MLMauction, LLC and its employees, officers, directors, members, representatives and assigns.   User agrees to the entry of injunctive relief to stop such a lawsuit or to remove User as a participant in the suit.   User agrees to pay the attorney’s fees and court costs that MLMauction, LLC incurs in seeking such relief.   This provision preventing User from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of User rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement

  1. MISCELLANEOUS.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.  MLMauction shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MLMauction’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).  If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sub-licensable by User except with MLMauction’s prior written consent.  MLMauction may transfer, assign or delegate this Agreement and its rights and obligations without consent.  This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to the conflict of law’s provisions thereof.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the associate and circuit courts of Lexington County, SC.  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind MLMauction in any respect whatsoever.  The section titles in these Terms and Conditions of Use are for convenience only and have no legal or contractual effect.

Any agreement, assistance or understanding by bidders (Users) to cooperate in a manner designed to aid in the winning of an auction to the detriment of another bidder (User) is prohibited.  Any bidding by related members due to friendship, family, or affiliate or referral status means that those members are precluded from bidding on the same auction.  Any bidding pattern between members that can be interpreted as collusive, piling on or cooperative in design is prohibited.  Bids placed by members (Users) deemed to be acting in collusion will be forfeited along with the item.  Furthermore, such actions are grounds for loss of membership and a ban from participating in the auctions.

Customer Support is available at: support@MLMauction.com