User Agreement
Welcome to
cyberauctions.com's user agreement. This agreement describes the terms and conditions applicable to your use of
cyberauctions.com's services. By clicking the "I accept" button, you accept the terms and conditions of the agreement. If you do not accept these terms and conditions or you have questions, contact us at
termsandconditons@cyberauctions.com.
We may amend this agreement at any time by posting the amended terms on our site. These amended terms will automatically be effective 30 days after they are first posted on our site.
Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors.
Cyberauctions.com is currently available for users in the United States and Canada. If you do not qualify, please do not use our services.
CREDIT CARD. A valid credit card may be required to be on file before placing bids. If you are the successful bidder and the auctioneer doesn't receive payment by the required time frame, your credit card will be charged to pay for the invoice whether you pick up your purchase or abandon it.
Fees. Joining
cyberauctions.com is free. We may at our discretion add, delete, or change some or all of our services at any time.
Warranties and Guarantees. All items are sold "AS IS," with no warranty expressed or implied by
cyberauctions.com or its suppliers. Our company and our suppliers specifically disclaim the implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. 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.
Bidding and Buying. As a bidder if you have the highest bid at the end of an auction at or above the opening bid price (or in case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction. Bids are non-retractable except in exceptional circumstances, such as changes being made to the description after you 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.
No Price Manipulation. Sellers may not manipulate the price of their item(s) either by using a secondary or third party, or by bidding themselves.
Personal Information. The information you provide to
cyberauctions.com is for our use only. We do not sell any information to mailing list, etc.
System Integrity. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the
cyberauctions.com site or any auction being conducted on our site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose your password to any third parties or use your password for any unauthorized purpose.
Breach. We may issue a warning, temporarily suspend, indefinitely suspend, or 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.
Limit of Liability. Under no circumstances will our company 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. If seller is unable to produce the item being sold for whatever reason, buyer will be refunded the full amount paid only. Some states do not allow the limitation of liability, so the previous 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, consigning, purchasing and selling of items.
Notices. Except as explicitly stated otherwise, any notices will be given by email
useragreement@cyberauctions.com (in the case of
cyberauctions.com) or to the email address you provide to
cyberauctions.com during the registration process (in your case), or such other address as the party shall specify. Notice will be 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give notice by certified mail, postage prepaid and return receipt requested, to the address provided to
cyberauctions.com during the registration process. In such case, notice will be 4 days after the date of mailing.
General. This agreement will be governed in all respects by the laws of the state of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. Both parties submit to jurisdiction in Washington and further agree that any cause of action arising under this agreement will be brought exclusively to court in Tacoma, Washington. 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 contract is unenforceable, such provision will be struck and the remaining provisions will 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.
