| The following is the user agreement as presented by Ernie's EveryAuction. You must agree to these terms before you will be able to sell items. If you do not accept these terms, please do not use our services.
Article 1. Eligibility of membership - This Auction site is only available to people who are legally able to form binding contracts with you and the seller/buyer of an Auction item. People who are of under age of 18 are not eligible for membership due to security precautions that can result as of those members. If you do not meet these requirements, you are not eligible to use these Auction services.
Article 2. Ernie's EveryAuction is only providing Auction services - We only provide services to people interested in selling and buying merchandise via internet Auction. We do not have control over the items that are posted in the Auction site, and cannot guarantee the authenticity and quality of a said product. We are not responsible for the actions the sellers takes, before, during, and after the Auction, typographical errors, mis-prints, loss of merchandise/money, damage or failure of equipment, due to your visit to this Auction site. Use of this site is at your own risk, and content is presented 'As-Is'.
Article 3. Selling Items - As a user, you are welcome to put items up for sale in the Ernie's EveryAuction. We do have restrictions on what items you may sell, and what you may not sell. You may not sell illegal merchandise, including pirated software and music, firearms, adult videos, or anything that is affiliated with pornography, etc. Items that are up for sale are subject to review by the staff of Ernie's EveryAuction, and my be removed without prior notice, if in violation with the User Agreement.
Article 4. 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 5. Warranty - Ernie's EveryAuction provide this website in an 'as-is' condition, without a warranty or condition. Ernie's EveryAuction is not liable for any damages resulting in an Auction, or your visit to the site.
General Violations:
- Information provided on the site be false, inaccurate or misleading
- Fraudulent or deadbeat selling or bidding activity
- Multiple accounts
- Participation by anyone under the age of 18
- Abuse of the Ernie's EveryAuction privacy policy
- Repeated bid retraction requests
Selling Violations:
- Listing illegal items on for auction
- Misrepresentation of items
- Intentional listing of mis-categorized items
- Multiple, identical listings for 1 item
- Multiple, identical listings posted within 1 or more categories
- Bid shilling
- Failure to ship items that have been paid (mail fraud)
- Non-payment of Ernie's EveryAuction selling fees
Ernie's EveryAuction retains the right, but does not have the obligation, to immediately halt any auction, prevent or restrict access to the Site or the Services or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items or any items otherwise prohibited by the procedures and guidelines contained in the Help Pages, and to correct any inaccurate listing or any inappropriately categorized items in Ernie's EveryAuction Auctions.
Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) 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) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) 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 sale on a web site other than Ernie's EveryAuction's (this does not prevent linking to or advertising an Ernie's EveryAuction item from another web site); or (dd) you do not have a right to link to or include.
We may amend this Agreement at any time by posting the amended terms on our site. We may also discontinue the site with or without notice to the site's members. Ernie's EveryAuction shall not be held liable to any member or third party should Ernie's EveryAuction exercise these rights.
YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING Ernie's EveryAuction'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
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