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User Agreement

This Agreement helps keep Dukebid a safe place to buy and sell. Dukebid is built on trust, and this Agreement helps promote that trust among all members of our community.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH Dukebid OFFERS YOU ACCESS TO OUR SERVICES. BY REGISTERING WITH Dukebid, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.

We may amend this Agreement at any time.

1. Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
2. Fees. Our then-current Fees and Credit Policies, are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
3. Dukebid is Only a Venue. Our site acts as the venue for sellers to conduct auctions and for bidders to bid on sellers’ auctions. 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 and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. We encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing.

Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release Dukebid (and our 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.

For legal reasons, we cannot nor do we try to control the information provided by other users (including feedback) which is made available through our system. In particular, note that the pictures and graphics displayed in seller’s listing do not reside on our servers, and we do not and cannot control these. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution — and common sense — when using our site.

* Bidding and Buying. If you bid on an item and your bid is accepted by the seller, you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder.
* Listing and Selling. Listings are text descriptions, graphics and pictures on Dukebid’s web site supplied by you of either (a) the text describing the item you are listing for auction or (b) links to the text, graphics and picture(s) describing the item you are listing for auction. You may post on Dukebid’s site either or both of these listing types, provided that you place such listings in their appropriate category, as Dukebid may require.

If you receive one or more bids at or above your stated minimum or reserve price, then you are obligated to complete the transaction. You may not email bidders in a currently open auction being run by a different seller, offering similar or the same item at price levels below the current bid (bid siphoning), nor may you use an alias to place bids to make your auction a hot auction.
* Your Information. Your information includes any information you provide to us or other users during the registration, bidding or listing process, in any public message area or through any email feature (defined herein as “Your Information”). With respect to Your Information:

You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Your Information and the sale of your item(s) on Dukebid: (a) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (f) 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 Dukebid’s; 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 item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation.

Solely to enable Dukebid to use Your Information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Dukebid will only use Your Information in transaction emails.
* No Price Manipulation. Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves.
* System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Dukebid site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
* Breach. We may terminate your membership and any of your current auctions immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
* Privacy. Our then-current privacy policies are incorporated herein by reference.
* No Warranty. WE AND OUR SUPPLIERS PROVIDE THE Dukebid WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE 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 which vary from state to state.
* Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

* General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
* No Agency. You and Dukebid are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
* Notices. Except as explicitly stated otherwise, any notices shall be given by email to Administrator (in the case of Dukebid or to the email address you provide to Dukebid during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Dukebid during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
* General. This Agreement shall be governed in all respects by the laws of the State of YOUR STATE HERE as such laws are applied to agreements entered into and to be performed entirely within YOUR STATE HERE between YOUR STATE HERE residents. Both parties submit to jurisdiction in YOUR STATE HERE and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in YOUR CITY AND STATE HERE. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
* Disclosures. The services hereunder are offered by Dukebid.

F.A.Q.

Q. I registered. Why does it still say I am an unregistered user?

A. After filling out the registration form, you will be sent a confirmation message via e-mail. You must follow the instructions in that message to complete your registration. This process ensures that your e-mail address is correct and functional. Please allow at least 24 hours to receive your confirmation message.

Q. What is the number to the right of the user name?

A. The number you see in brackets to the right of user names is the users feedback score. Click on this number to read what other users have said about that person or to add your own feedback.

Q. I have forgotten my user password. What do I do?

A. You can use our password utility to send your password to the email address we have on file. This is found on the Member Services page.

Q. How do I change my User Information?

A. You can change your User Information from the Member Services page.

Q. How do I change my e-mail address?

A. A Change of E-mail Address is available (if this site allows it) by accessing the Change Registration page located on the Member Service page.

Q. I was pleased/unhappy dealing with someone; what should I do?

A. You can voice your results with another user by clicking on the number next to their name and leaving feedback.

Q. What is Dukebid’s policy with respect to anonymous e-mail?

A. Anonymous e-mail services, which are typically web-based and free to use, allow customers to sign up and use e-mail services without providing verifiable personal information. Examples of services classified as anonymous e-mail providers are HotmailTM, Yahoo!TM Mail and MailExciteTM. A very small number of people use the anonymity of such services as a front to abuse web-based services. (In contrast, non-anonymous e-mail services are generally provided by ISPs like AOLTM, MSNTM and NetcomTM. These e-mail services require a more formal registration process which provides more accountability).

At Dukebid, we believe that people are basically honest, and we wish to provide an inclusive environment for personal trade. We allow users of anonymous e-mail to use our site.

Auctions
At the seller’s option, auctions last from 15 minutes to 14 days from the initial listing of the item. Bidding automatically terminates at the end of the auction.

When the auction ends, the seller and high bidder are notified by email. Auction results are also available for everyone to examine. These results indicate the final bid price, and the seller’s and high-bidder’s email addresses. Additionally, the complete bidding history is available as a link from the item’s description page.

After an auction ends, the high bidder and seller should contact each other within 3 business days to arrange payment and delivery. If within 3 business days the seller is unable to conclude the transaction with the high-bidder, the seller may contact the next-highest bidder to purchase the item. In summary, if a high bidder does not contact the seller within 3 business days after the end of the auction, the high bidder may lose his/her place as winning bidder.

Bidding
Before you make a bid, you should verify the particulars about the item you’re bidding on, and as best as you can, investigate the seller’s trading practices. If you have any questions about the item, email your questions to the seller. Make sure you clearly understand the shipping terms (who pays?), payment terms (can you pay by personal check? credit card? and so on) and other details.

When you are viewing the item you would like to bid on, you can place a bid by using the form on the lower part of the page. Please bid the maximum amount you are willing to pay for the item. As other bidders increase the bid price, your bid will be increased to your maximum bid, or increased by the preset bid increment, to outbid other bidders. (Note: All bidding is done with bid increments.)

By placing a bid, you are placing a legally-binding and irrevocable offer to purchase the item at any price up to your maximum bid amount. If your bid is accepted by the seller, you are then legally obligated to complete the transaction. Your failure to complete the transaction is a breach of the User Agreement, and may be legally actionable by the seller. You must provide your Username with your bid.

Once you make and confirm a bid, you may not be able to retract it (depending on the system settings and only for extraordinary or unusual circumstances). Exceptional circumstances include situations where the seller materially changes the description of an item after your bid, and clear typographical errors. Exceptional circumstances do not include bidding on or winning a bid on another (perhaps similar) item, not having the budget to pay for an item, changing your mind, and so on. Please bid carefully!

Our system will automatically email you, subject to the reliability of email, if your maximum bid is outbid by another bidder. However, you might be outbid minutes or seconds before the close of an auction, in which case, you may not have the opportunity to place a new bid. Therefore, you should bid the maximum amount you would be willing to pay for the item when you make your first bid.

Proxy Bidding
When you place a bid, enter the maximum amount you are willing to pay for that item. This amount will always be kept secret. Whenever someone else places a bid, our auction software will automatically enter the lowest possible bid for you, up to your maximum bid, until you are the winning bidder.

At the end of an auction, if you are the high bidder, you are the winner. As the winner of the auction, you only pay the lowest possible winning bid, not necessarily your maximum bid.

Buying an Item
If you have not done so before the bid, call or email the seller to clarify the terms of shipping and/or insurance. Negotiate with the seller for escrow, sales tax, shipping fees, and payment terms. Pay promptly!

Selling an Item
It’s fun and easy to start your own auction. Simply register, and then fill out the listing form. Provide a short, descriptive title, and provide a complete description of the item. You cannot use HTML tags in the title, but you may use HTML in your item’s description. This means that you can link to pictures or reference pages, if you so choose. All content linked to the item description must comply with the User Agreement.

To grab attention and get the auction going, you might consider setting the initial minimum bid a little lower than you think the item will eventually be sold for. If your minimum bid is too high, people may not bid on your item. However, keep in mind that the minimum price you specify indicates the minimum amount you will accept for the item, so set your initial minimum bid wisely.

By auctioning an item, you are irrevocably (except as described below) and legally committed to accept the high bid for the item (or the highest bidder’s bid who does not renege). If you receive one or more bids above the minimum price you stated you would be willing to accept, then you are legally obligated to complete the transaction. Your failure to complete the transaction is a breach of the User Agreement, and may be legally actionable by one or more of the bidders.

Note: The seller has the right to cancel a transaction with any user with whom they are uncomfortable completing a transaction.

You may place any merchandise up for auction that you have the right to sell, so long as it complies with the User Agreement, and all federal, state, and local ordinances. Please list your item in its appropriate category.

You can advertise your auction by using the auction URL sent to you in the confirmation email.

In the description of your item, you should clarify any additional terms or expenses associated with the item, such as who will bear shipping and insurance expenses.

We, and your bidders, expect you to be truthful in your listings. Disappointed buyers are likely to leave you negative feedback.

Bidders or potential bidders may email you during the course of the auction. It’s good business to respond to all inquiries promptly.

Notice of End of Auction/Account Status
Once the auction is over, you will be notified via email. However, if you are bidding on an item, you are responsible for checking back at Dukebid to see if you have won. If you do not receive notice, and think you may be the top bidder, you need to check the auction status at Dukebid. After the auction has ended, the top bidder needs to contact the seller within three business days. Likewise, you can check your account at any time online. The notice is provided as a courtesy to you, but does not invalidate your responsibility to check the auction results, directly. Note: If your account is past due, you may incur late fees, or find your account on suspension. Keep your account payments current!

Pricing
Some guidelines regarding pricing:

* First, we encourage sellers to set the minimum bid for their auction at the lowest fair price at which they are willing to sell their item.
* Second, a seller may employ a reserve price auction. This allows the seller to set a price below which he or she does not agree to sell the item.

Reserve Prices
At the seller’s option, auctions may be conducted with reserve prices. The reserve price is the lowest price at which a seller is willing to sell an item. The reserve price is not disclosed to bidders. A seller might specify a reserve price if he or she is unsure of the real value of the item, and would like to be able to refuse to sell the item below a certain price. If the seller has specified a reserve price, an annotation will be displayed on the item’s information screen indicating a reserve price has been set.

The seller specifies the reserve price when he or she lists an item. This price should be above the minimum bid price. The auction begins at the minimum bid price. When a bidder’s maximum bid is equal to or greater than the reserve price, the item’s current price is raised to the reserve price. At this time, the item’s information page will indicate that the reserve price has been met. The bidder is also notified that his or her bid met the reserve price.

Feedback
We encourage everyone to leave feedback about experiences with other trading partners. However, please do not abuse the privilege. If posting negative feedback, stick to the facts, and avoid inflammatory speech.

User Information
During your transactions, take the time to record the member information you obtain permission to use. That way, should you have questions regarding your transaction, you can contact that member at a later date. For the safety of our members, Dukebid only gives out contact information to registered users.

Registration
When registering to become a member of Dukebid, you must enter complete and correct contact information. This information is only available to other registered users, enabling them to contact you regarding transactions.

Fraud
Most fraud complaints tend to be misunderstandings about the product, shipping terms, or shipping addresses. Therefore, you should clarify all of these elements before you bid, and definitely before you send money. However, fraud is a reality of doing business, both on and off the Web. You should report it to the authorities if it happens in our community.

Illegal Items
Some items are not legal to sell at Dukebid. Please do not list an item that is illegal to sell.

Spam
Members of Dukebid do not tolerate spam. Do not add a member’s email address to your address book unless you have permission from that member. Spam is unsolicited, commercial email.

Defamation
Please be careful of what you say about other people online. Again, stick to the facts, and don’t post slanderous comments.

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