The Auction Service as part of the AGH site is governed by
the Terms and Condition of Use of the AGH
e-Customer Site. In addition, use of the AGH Auction site is governed by the
following terms and conditions if use:
1. User/Customer Eligibility.
The AGH Auction is only available to current AGH customers.
If you are a registered business, then you represent that you have the
authority to bind the entity to this Agreement.
2. Fees and Services.
Bidding on and buying items on the AGH Auction site is free.
Our fees for selling items are defined below under Selling
Items. We may in our sole discretion change our fees and some or all of our
services at any time. Fees are effective at the time the item is placed on
auction. 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.
3. AGH Auction Venue.
The AGH Auction service does not imply or otherwise indicate
that AGH is a "auctioneer." Instead, our site acts as a venue to
allow anyone to offer, sell, and buy just about anything, at anytime, from
anywhere. As such 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.
4. Release.
Because we are a venue, in the event that you have a dispute
with one or more AGH customers, you release AGH (and our officers, directors,
agents, subsidiaries, joint ventures 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."
5. Information Control.
We do not control the information provided by (other)
sellers that is made available through our system. You may find other
customer's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when using our
site. You are solely responsible for the information you provide, and we act as
a passive conduit for your online distribution and publication of your
information. The information you provide (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;
(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 AGH or
cause AGH 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 on other web sites; items that are
prohibited under this Agreement; or ay information you do not have a right to
link to or include.
Furthermore, you may not list any item on the 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.
6. Breech of Agreement.
Without limiting other remedies, we may immediately remove
your item listings if you breach this Agreement or the documents it
incorporates by reference.
7. Privacy.
See Privacy Statement.
8. Legal Compliance.
You shall comply with all applicable domestic and
international 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.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL AGH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR
PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS
SITE, EVEN IF AGH OR A AGH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN
THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME
ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.