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The following describes the terms on which Manion’s International Auction House, Inc. (Manion’s) offers you access to our services. Introduction Welcome to Manion’s List it Yourself Auctions. By using the services on the Manion’s websites, you are agreeing to the following terms with Manion’s International Auction House, Inc. Before you become a member of Manion’s List it Yourself Auctions, you must read and accept all of the terms and conditions in this User Agreement. This Agreement is effective on November 1, 2006. Using Manion’s List it Yourself Auctions
While using the Site, you will not:
· post content or items in an inappropriate category or areas of the Site; · violate any laws or third party rights; · use the Site if you are not able to form legally binding contracts, are under the age of 18, or are suspended from our Site; · fail to deliver payment for items purchased by you; · fail to deliver items purchased from you, unless the buyer fails to meet the posted terms; · manipulate the price of any item or interfere with other user’s listings; · circumvent or manipulate our fee structure, the billing process, or fees owed to Manion’s; · post false, inaccurate, misleading, defamatory, or libelous content (including personal information); · distribute or post spam, chain letters, or pyramid schemes; · distribute viruses or any other technologies that may harm Manion’s, or the interests or property of Manion’s users; · copy, modify, or distribute content from the Site and Manion’s copyrights and trademarks; or · harvest or otherwise collect information about users, including email addresses, without their consent;
Selling on the site:
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Mention the details up front!
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Returns:
- Details of return policy must be mentioned in the description of each item – no exceptions.
- If returns are not accepted, or a restocking fee is assessed, this must be clearly stated. Issues
resulting from failure to comply with this mandatory requirement may result in permanent termination from
both the List it Yourself auction and Manion’s traditional consignment auction.
Liability You will not hold Manion’s responsible for other users’ actions or inactions, including things they post. You acknowledge that this site is not a traditional auctioneer. Instead, the Site is a venue to allow approved sellers to offer, sell, and buy most any kind of historical collectible, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer. We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Access and Interference The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Manion’s by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not: · Take any auction that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; · Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Manion’s and the appropriate third party, as applicable; · Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or · Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Indemnity You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. Notices Except as explicitly stated otherwise, legal notices shall be served on Manion’s national registered agent or to the email address you provide to Manion’s during the registration process. Resolution of Disputes This agreement shall be governed in all respects by the laws of the State of Kansas.
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