Welcome to our User Agreement for use of the AutoGearBid.com Auctions Site (the "Site") We may amend this Agreement at any time without notice to you by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 15 days after they are initially posted on the Site. We recommend you view the User Agreement frequently. We are committed here at AutoGearBid in presenting you a pleasant and safe venue for buying and selling items online. We take very serious any sort of fraud, scamming, or illegal activity of any sort in this web site. Persons engaging in such will be terminated from this site and may be subject to criminal prosecution. Below are the legalities we are required to state and which you agree to abide by when registering to bid or sell in this auction.
Article 1. Eligibility of membership. This auction site is only available to people who are legally able to form binding contracts as the seller or buyer of an auction item. People who are of under the age of 18 are not eligible for membership. If you do not meet these requirements, you are not eligible to use these auction services. We also restrict certain territories outside of the U.S. from using our site. All members whom wish to sell must have a PayPal account that we can verify by charging you a $1.95 verification fee.
Article 2. AutoGearBid acts as an online venue to allow anyone to offer, sell, and buy in an auction-style format referred to at times as "online auctions" or "auctions." we are not an "auctioneer." AutoGearBid is not involved in the transaction between buyers and sellers. We do not have control over the items that are posted on the site, and cannot guarantee the authenticity and quality of said product. We only provide services to people interested in selling and buying merchandise via internet. We are not responsible for the actions the sellers or buyers take before, during, and after the transaction, typographical errors, misprints, loss of merchandise, money, damage or failure of equipment, due to your visit to this site. Use of this site is at your own risk, and content is presented 'As-Is'.
Article 3. Bidding and Selling - As a user, you may bid and or sell merchandise over AutoGearBid. As a seller, the item that you place up for bids must be real. Once a bid has been placed for your item, you are being placed in a binding contract with the potential buyer of the product, if that bid shall be the highest bid. Once the auction is over, if over reserve price you are obligated to sell to the potential buyer which is the highest bidder in your auction. If reserve price was not met, you are not obligated in any way to sell this item at all. As a seller, you are not in any way to bid on your own items. If reported, your auction will be deleted and you will be issued a warning. In a situation you don't ship an item on a successfully ended and paid auction or In the event a fair resolution is not achieved we will work with the buyer in filing a complaint with the IFCC* & FTC** and your account can become immediately inactive or temporarily suspended until a fair resolution is achieved.
As a bidder, you know that placing a bid is a binding contract between you and the seller, and the bid cannot be retracted unless due to fault by the seller of typographical error, or other error, due to human error on the seller's part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal in most states, and prosecution can result to you. In a situation you don't pay for an item you won your contact info will be given to the seller. Refer to non paying bidders for more info and rules.
Article 4. Posting Items - As a user, you are welcome to post items up for sale on AutoGearBid. We target the automotive industry, If you feel your product somewhat relates to the automotive industry you're more then welcome to list it. You may not sell illegal merchandise, including pirated software and music, stolen goods, firearms, adult videos, or anything that is affiliated with pornography, etc. Items that are posted for bids are subject to review by the staff of AutoGearBid, and may be removed without prior notice, if in violation of the User Agreement.
Article 5. Charges - Becoming a member is free, Their is a fee of $1.95 for becoming a seller for verification purposes. This fee is only payable thru PayPal as it is our method of verification.
Article 6. Privacy - We gather your information so that other people will have it on hand when they win your auction, or you win their auction. Personal information is not sold, rented, without your permission. Personal information sent to a user regarding a product bought or sold on the auction is not to be used for any other purpose, except for communication with the auction item.
Article 7. No Warranty - AutoGearBid provides this website in an 'as-is' condition, without a warranty or condition. AutoGearBid is not liable for any damages resulting in an auction, or your visit to the site. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES 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 that vary from state to state.
Verified User (VU): Sellers must be Verified in order sell items, buyers can optionally be verified to gain seller trust. In order to become a Verified User, each seller or buyer must Pay a $1.95 PayPal fee so we can verify the account. What we verify is the shipping address provided in the PayPal payment versus the address you submitted in the registration process.
User identity: We attempt to verify the accuracy of a portion of the information provided to us by users when they register with us. However, we do not confirm each members purported identity (UNLESS A SELLER, ALL SELLERS ARE VERIFIED), and we cannot assure you that a purported buyer you choose to deal with is who he or she claims to be or is not involved, knowingly or unknowingly, in fraudulent activity. We encourage you to communicate directly with your potential trading partners in order to evaluate them, and we also suggest that you consider using a reputable third party escrow service. In addition, you may use our Ratings System, which enables users to rate other users, and to review ratings posted by other users. Except as permitted by our Ratings System, you are prohibited from posting any information to the Site concerning any other user or any information that would identify any other user in any way.
Suspension or Termination. Here are some things that will get you suspended, terminated, and/or prosecuted:
1.Giving us false information when registering, such as a false name or fraudulent contact information.
2.Using your email or website name as a user name or anywhere visible on a listing where visible.
3.We are against Spam and we respect the privacy of our users. We do not use "cookies" or any other method to gather information about other than legitimate registration. We use your e-mail address for contacting buyers or sellers only. Any use of this private information by anyone else is strictly prohibited and we WILL take action.
4.Don't bid unless you intend to buy. Don't offer an item unless you intend to follow though with the winning bidder. For a buyer or seller not to honor an auction bid is illegal in many states.
5.Don't list items in inappropriate categories just to get additional exposure or for any other reason. Violators of this policy are subject to suspension or termination. If you have something that does not fit any of our categories, please contact us and request that category be added to the auction.
6.No sellers can bid on their own products to artificially raise the selling price. However, if you made a legitimate mistake and started the item too low (and no one has bid on it yet) you may make ONE bid to correct the mistake BUT you must contact us and notify us of your action.
7.Any one attempting to compromise the safety, security, data integrity, service, or any other fact of AutoGearBid will be suspended or terminated and WILL face possible legal action. We've worked hard to present this auction opportunity for you and will not allow one or two to ruin it for the many.
8.Any one attempting to post illegal merchandise, including pirated software and music, firearms, adult videos, any item in any way infringing on a legitimate copyright, or anything that is affiliated with pornography, etc. Links within your auctions to sites violating the above are included. Items that are posted for bids are subject to review by the staff of AutoGearBid, and may be removed without prior notice, if in violation of the User Agreement.
Conditions of Service:
-AutoGearBid acts only in providing a place for buyers and sellers to buy and sell approved items. We have no control over quality, usability, condition and legality of the items put up here for auction. In other words, AutoGearBid provides this website in an 'as-is' condition, without a warranty or condition. AutoGearBid is not liable for any damages resulting in an auction, or your visit to the site. AutoGearBid is not responsible nor liable for any damages caused or alleged to be caused directly, indirectly, incidentally, or consequentially by anything on or related to this auction site.
-AutoGearBid cannot and will not get involved in disputes between users. In the case that you have such a dispute, by registering on this site, you are releasing AutoGearBid and its agents, employees, and assignees, and any affiliated companies or individuals from any claims, suspected and unsuspected, whether disclosed or undisclosed, arising out of, or in any way connected to, any disputes. We suggest and expect that users will employ common good business practices and personal courtesy to avoid disputes. If another user has a complaint with you, please establish a polite dialog with him or her to resolve the dispute to mutual satisfaction. Above all, when buying something from someone--whether on the internet or anywhere else--your best protection is to be an informed buyer.
-We cannot, and will not, be held responsible for any interruption in service, caused by any means, therefore we cannot guarantee continual, uninterrupted service as our website could be interfered with by means out of our control.
-The use of a trademark or service mark in your auctions should be capitalized and indication as such. Since we have no control over posting, the use of any trademark or service mark in this auction, proper or improper, cannot and should not be construed as affecting the validity of that trademark or service mark.
-We reserve the right to remove anyone from this auction at any time for any reason we deem sufficient and without explanation required.
-We will not tolerate violations of law or regulations by any actions, especially those that are libelous, threatening, harassing, or obscene.
General Information: The User Agreement constitutes the entire agreement between you and AutoGearBid and governs your use of the Service, super ceding any prior agreements between you and AutoGearBid. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AutoGearBid services, affiliate services, third-party content or third-party software.
Choice of Law and Forum: The User Agreement and the relationship between you and AutoGearBid shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and AutoGearBid agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dade, Florida.
Waiver and Severability of Terms: The failure of AutoGearBid to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreements found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.
No Right of Survivorship and Non-Transferability: You agree that your User Agreement account is non-transferable and any rights to your AutoGearBid I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Release: YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
AutoGearBid does not claim ownership of Content you submit or make available for inclusion on our Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, you grant AutoGearBid the following world-wide, royalty free and non-exclusive license(s), as applicable:
-With respect to photos, graphics, audio or video you submit or make available for inclusion on AutoGearBid the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or AutoGearBid removes such Content from the Service.
-With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than AutoGearBid, the perpetual, irrevocable and fully sub licensable license to use, distribute, modify, reproduce, publish, translate, adapt, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Important: AutoGearBid will not ask you for sensitive personal information such as your password, credit card and bank account numbers, Social Security numbers, etc. in an email. If you ever encounter such an email requesting such information, advise us immediately via our contact page. Your vigilance helps us ensure that AutoGearBid remains a safe and vibrant online marketplace.
Fraud Notice: At AutoGearBid, we seek to provide a safe and secure environment for person-to-person trade over the Internet. Through our Fraud team, we investigate complaints of user-to-user fraud on our site. AutoGearBid reports cases of criminal fraud and co-operates fully with law enforcement agencies in their investigation and prosecution. Be smart. Be honest. Fraud isn't worth the consequences.
Be advised: If you provide false or stolen credit card information while paying for auctions or auction enhancements. You will be subject to criminal prosecution under Federal and State Statutes. The penalties defined by these statutes for fraudulent use of credit card accounts include; a fine under these statutes or twice the value obtained by the offense, whichever is greater, or imprisonment for not more than ten years, or both. All IP addresses are recorded in our fraud registration system, and all information given is verified from the credit card companies.
Your use of this website marks your acceptance in full of this User Agreement.
Revised and effective as of September 16, 2005.
*The IFCC is the Internet Fraud Complaint Center (IFCC) is a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C).
**FTC is the Federal Trade Commission.
For more info please visit them online: http://www.ifccfbi.gov/index.asp - http://www.ftc.gov
