The following describes the terms on which this pjauction.com offers you access to our services. By using and continued use of this site, you are in agreement with the terms and conditions below. We reserve the right to modify or change these conditions at any time. We strongly recommend that, as you read this User Agreement.
1. Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to pjauction.com that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.
2. Bidding. Bidding on an item is an irrevocable offer to buy the item at the price in the bid, provided the bidder's offer is the high bid, or in the case of a Dutch auction, a winning bid at the close of the auction. A losing bidder may choose to make good on a bid, if offered the item by the seller, but the losing bidder is under no obligation to do so. If you have any questions about the item, have them answered by the seller prior to making your bid. Please read the listing carefully or email the seller if you have any questions. All bids are made in increments and are subject to a minimum bid, as posted for each item.
3. Listing. Placing an item for auction is an irrevocable offer to sell an item to the highest bidder. Please consider carefully whether you want to place an item for auction. Your opening bid must be the minimum bid that you would accept. When listing items, ensure that the items listed for auction do not infringe upon the copyright, trademark or other rights of those third parties. The sale of your item(s) on this auction site: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly to or include descriptions of goods or services that: (i) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (ii) are concurrently listed for auction on a web site other than this one; or (iii) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any: (x) item 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 (y) live animals, human beings or body parts (relics, skulls, human remains or other parts), soiled undergarments, bulk email lists, switchblades and automatic weapons.
4. System Abuse. This auction site reserves the right to refuse service to anyone. We will exercise this right with "problem" buyers who win auctions often and are not buying, and "problem" sellers who list an item and don't sell. Without limiting any other remedies, this auction site may 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. Fees and Services. Joining pjauction.com and bidding on listed items is free. When you sell an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fifteen days notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free selling days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms and you will be responsible for all costs incurred. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
6. Payments for Items Purchased; Delivery. Buyers and sellers are responsible for arranging for the delivery of items and payment for items between themselves. pjauction.com is not involved in either the delivery of any item to any buyer or the payment for any item to any seller.
7. Taxes. pjauction.com is not the seller of any of the items listed on the Site, and pjauction.com is not responsible for collecting or remitting any state, federal or local or other taxes. Buyers and sellers are responsible for compliance with all applicable tax laws and for paying any applicable taxes.
8. Obligations. Member acknowledges and agrees that pjauction.com does not endorse any of the goods that are sold through the Service. Member acknowledges and agrees that pjauction.com is not responsible for any damages to goods during transit or during the inspection period, or for misrepresentations and/or breaches of contract by either buyer and/or seller. Member acknowledges and agrees that any dispute involving pjauction.com shall be settled by arbitration in the state of Maryland, USA pursuant to the Rules of the National Arbitration Forum.
9. Member Account, Password, and Security. Once you become a member of the Service, you will receive a user ID and a password. You are entirely responsible if you do not maintain the confidentiality of your user ID and password. Furthermore, you are entirely responsible for any and all activities, which occur under your user ID and password. Member agrees to immediately notify this Auction Site of any unauthorized use of Member's user ID or any other breach of security known to Member.
10. Access and Interference. Much of the information on the Site is updated on a real time basis and is proprietary of or is licensed to pjauction.com. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
11. Content License. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
12. Limitation of Liability. pjauction.com will not be liable for any damages of any kind including without limitation direct, indirect, incidental, special, punitive and consequential damages, arising out of or in connection with this agreement, the site, the services, the inability to use the services or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services whether such damages arise under theory of contract, tort (including negligence), strict liability or otherwise.
13. No Warranties. The site and the services are provided on an "as is" basis. Customer's use of and reliance thereon are at customer's own and sole risk. pjauction.com makes no other representations or warranties of any kind, express or implied, including without limitation:
- The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- That the site or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
- The information, content, materials or products included on the site will be as represented by sellers, available for sale at the time of offer, lawful to sell, or that certified merchants will perform as promised;
- Any implied warranty arising from course of dealing or usage of trade; and
- Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of pjauction.
To the full extent permissible under applicable law, pjauction.com disclaims any and all such warranties. No advice or information, whether oral or written, which you obtain from pjauction or through the use of services shall create any warranty not expressly stated in this agreement.
14. General Release. Because pjauction.com is not the seller in transactions between buyers and sellers, if a dispute arises between one or more participants, each of you release pjauction.com (and its affiliates, agents 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.
15. Indemnity. You agree to defend, indemnify and hold pjauction.com and our subsidiaries, parents, affiliates, officers, directors, agents, and employees harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from or in connection with (a) your breach of this agreement, including the documents incorporated by reference; (b) your violation of any state, federal foreign or international laws, codes or regulations; and /or (c) your violation of any third party's rights, including, but not limited to, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights, this obligation will survive the termination of this agreement.
16. Resolution of Disputes. If a dispute arises between you and pjauction.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and pjauction.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Maryland as they apply to agreements entered into and to be performed entirely within Maryland between Maryland residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against pjauction.com must be resolved by a court located in Maryland, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Maryland for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against pjauction.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, pjauction.com may recover attorneys' fees and costs, provided that pjauction.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
17. Applicable Law. The laws of the State of Maryland govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. |
