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GovDeals Bidders Agreement

Read and print this Bidders Agreement before accepting or declining.
SERVICE CHARGES MAY BE LEVIED IF TERMS RELATED TO DEFAULTS ARE NOT ADHERED TO.
So, this agreement should be read VERY CAREFULLY!

This Bidders Agreement (“Agreement”) contains the terms and conditions applicable to bidders (sometimes referred to as “You”) using the services of GovDeals, Inc. a Delaware corporation (“GovDeals” or “We”). We have the right to amend this Agreement at any time by posting the amended terms on our site. Unless otherwise stated, all amended terms shall be effective immediately. This agreement was last revised on February 17, 2004. By using the GovDeals on-line auction service, you agree to all of the terms hereof. 1. Eligibility: You may only use GovDeals on-line auction services if You can form legally binding contracts under applicable law and have not been barred or suspended by GovDeals. GovDeals maintains the right to refuse service to any party. 2. Fees and Services: There are no fees for registering as a bidder and bidding on GovDeals. If, however, you bid on item, are the successful bidder, and do not purchase same, you may be, at our sole option, assessed a service fee equal to 40% of your successful bid price. 3. Limited Purpose: Our site allows sellers to list items for sale and potential buyers to bid on those items. We will not be involved in the actual transaction between buyers and sellers. We have no control over the items listed or the truth and accuracy of the listings, the ability of sellers to legally sell items or the ability of buyers to buy items. We cannot ensure that any transaction will actually be completed. 4. No Verification - No Authentication: While GovDeals registers bidders and sellers, it cannot authenticate their identities. However, registering using false or misleading information with the intent to do harm to the site, sellers, or other buyers will be considered an act of interference with business or interstate commerce under applicable laws. 5. Release from Liability: All actual transactions take place between the bidder and the seller, and GovDeals is not a party to the transaction. You release GovDeals its directors, officers, employees, agents, affiliates, successors and assigns and any other parties associated with GovDeals (collectively, the “Releasees”) from any and all claims, including claims for attorney’s fees and expenses, demands, damages, actions, causes of actions, suits of any kind and liabilities (collectively, the “Claims”) that may result from your use of our services, software or applications. IN NO EVENT, SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT. 6. Indemnity: You agree to indemnify, defend and hold harmless the Releasees from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, including attorney’s fees, and demands, made or incurred by any third party arising out of your breach or alleged breach of this agreement or your violation or alleged violation of any applicable law or any rights of a third party. 7. Accuracy: GovDeals does not control the information provided by users that is made available through our system and accepts no responsibility for its accuracy. 8. Bidding and Buying: By bidding on an item, You agree to be bound by the conditions of sale for that item and complete the transaction if you are the high bidder. If you do not purchase the item you will be assessed a service fee equal to 40% of your successful bid price thereof and, at our discretion, further be subject to a warning or, be barred and prohibited from using the GovDeals on-line auction service in the future. These conditions may be listed in the item’s description or linked to from the asset to the terms and conditions. This paragraph not withstanding, You are not obligated to complete a transaction that is in violation of this Agreement or unlawful. Seller reserves the right to use proxy bidding while an item is under a “Reserve Bid.” 9. Posted Information: You agree that any information You post to the GovDeals site or provide to other users of GovDeals is truthful and accurate; shall not be fraudulent or willfully misleading; shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of privacy; 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); shall not be defamatory, trade libelous, unlawfully threatening or harassing; shall not be obscene or contain pornography; shall not contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information from GovDeals systems or those of its users; shall not create liability for us; and shall not link directly or indirectly to sites or organizations in direct or indirect competition with GovDeals. 10. Access and Interference: You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of our site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 11 No Warranty: OUR WEB SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY 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. 12. Legal Compliance: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service. Bidding on an asset with the intent not to complete the transaction or bidding on multiple assets causing disruption to the process and not completing the transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law. 13. No Agency: We are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and GovDeals by this Agreement. 14. Arbitration: This Agreement involves substantial interstate commerce. Any controversy or claim arising out of or relating to this Agreement, the breach thereof, or our services, which exceeds $10,000.00, shall, at the sole discretion of GovDeals, be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be addressed on an individual basis, and shall not be consolidated with any claim or controversy of any other party. 15. Governance: This Agreement shall be governed in all respects by the laws of the State of Alabama as such laws are applied to agreements entered into and to be performed entirely within Alabama between Alabama residents. 16. Provision of Service: The operation of the GovDeals site is dependent upon numerous factors outside our control and we do not guarantee its continuous, uninterrupted, or secure operation. 17. Severability: If any provision of this Agreement is held or determined to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 18. Headings: Headings are for reference purposes only and in no way affect the interpretation of this Agreement. 19. Non-waiver: Our failure to enforce any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. 20. Entire Agreement: This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 21. Binding Effect: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Any warranties, covenants and representations of the parties shall survive termination of the Agreement. 22. Exclusivity, Confidentiality: The proprietary Internet based auction system, environment and components (collectively, the “System”) provided by GovDeals under this Agreement are and will remain the exclusive property of GovDeals. GovDeals retains and reserves all rights to the proprietary intellectual property, including, but not limited to, all copyrights and trademarks, of and to the System. 23. Default by Bidder: In the event You default under this Agreement by failing to purchase an item for which You are the highest bidder, or any other default, we may specifically enforce this Agreement and may, in addition to any other rights at law or in equity, bring suit to collect any service fee due us under paragraph 2 above. In the event we retain a collection service or attorney in order to enforce our rights, including collecting said service fee, You will be responsible for paying a reasonable collection service fee, as well as attorney’s fees and court costs. 24. Consent to E-Mail Correspondence from GovDeals. You hereby consent to allow GovDeals to send future correspondence to You via electronic mail (“e-mail”) that notifies You of auction items that GovDeals, in its sole discretion, believes may interest You. Any such e-mail correspondence to You (i) shall be clearly and conspicuously identified as sent by GovDeals; (ii) shall describe how You may choose not to receive such e-mail correspondence from GovDeals; and (iii) shall clearly and conspicuously display a functioning return e-mail address to enable You to reply to GovDeals.

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