CheaperThanDirt.com/Auction - www.CheaperThanDirt.com

USER AGREEMENT

1. Acceptance of Terms and Conditions

(a) Cheaper Than Dirt, Inc. (“CTD”) provides online resources including shopping services, search services, classified ads and forums (collectively, “the Service”) subject to the following terms and conditions of service (“User Agreement”). By using the Service in any manner, you agree to comply with all terms and conditions of this User Agreement. In addition, when using particular CTD services, you agree to abide by all posted guidelines for all CTD services.

(b) CTD reserves the right, at its sole discretion, to change, modify or otherwise alter the terms and conditions of this User Agreement and the Service at any time. CTD reserves the right to offer other services which are governed by different terms and conditions from those contained herein. The changes will become effective immediately upon posting of the changes. You must review this User Agreement on a regular basis to keep yourself informed of any changes. The most recent version of the User Agreement is available at CheaperThanDirt.com/FreeAds.

2. Content

(a) You understand and agree that all postings, messages, text, files, images, photos, video, sounds or other materials posted on, transmitted through or linked from the Service (collectively, the “Content”), are the sole responsibility of the person originating such Content. You also understand and agree that: (a) you are solely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available through the Service; (b) CTD does not control and is not responsible for Content made available through the Service; (c) the CTD site and Content available through the Service may contain links to other websites which are completely independent of CTD and CTD makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site; (d) your linking to any such other websites is at your own risk; (e) you bear all risks associated with use of any Content and under no circumstances will CTD be liable for any loss or damage of any kind incurred from the use of any Content posted, emailed or otherwise made available through the Service; and (f) CTD does not pre-screen or approve Content but CTD shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for any reason.

(b) All product names, trademarks, service marks or other images exhibited through the Service are either the property of, or used with permission by, CTD and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names exhibited through the Service may be trademarks or service marks of other persons.

(c) All classified ads or similar listings offering goods or services for sale shall be reviewed and resubmitted to the Service by you at least once every thirty days or such shorter period as CTD may determine from time to time. CTD may remove any classified ads or other similar listings if not timely resubmitted to the Service in accordance with CTD’s then current policies and without liability or obligation to you.

3. Third Party Content, Sites and Services

(a) The CTD site and Content available through the Service may contain features and functionalities that may link or provide you with access to third party content which is completely independent of CTD including web sites, servers, networks, systems, information, databases, applications, software, programs, products or services and general access to the Internet.

(b) Your interactions with third parties (the “Third Parties”) including payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such Third Party dealings are solely between you and the Third Parties. You must make all appropriate investigations before proceeding with any online or offline transaction with any Third Party. CTD does not investigate, certify or approve any Third Party or other user of the Service.

(c) CTD shall not be responsible or liable for any loss, damage, cost or expense of any type whatsoever incurred as the result of any dealings or other interactions with Third Parties. If you have any dispute with a Third Party, you agree that CTD is not obligated be involved in the dispute and you hereby release and hold CTD, its officers, employees, agents and successors harmless from claims, demands and damages (actual and consequential) of every kind whatsoever, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Service.

4. Registration Obligations

As a condition precedent to your use of the Service, you warrant and represent that you are not a minor, are of legal age to form a binding contract and are not barred by law from using the Service. You further warrant, represent and agree to: (a) provide true, accurate, current and complete information in your registration to use the Service and (b) maintain and promptly update such registration information to keep it true, accurate, correct and complete. Any violation of the foregoing warranties, representations or agreements may result in suspension or termination of your privileges to access and use the Service.

5. Privacy and Information Disclosure

(a) CTD has established a Privacy Policy to explain to users how their information is collected and used which may be viewed at: Privacy Policy

(b) Your use of the CTD website or the Service constitutes your acceptance and agreement to our Privacy Policy. CTD may, in its sole discretion, preserve or disclose your Content as well as your information such as email addresses, IP addresses, timestamps and other user information if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary or appropriate including, without limitation, disclosure to: (i) comply with legal process; (ii) enforce or comply with this User Agreement; (iii) respond to claims that any Content violates the rights of Third Parties; (iv) respond to claims that contact information (e.g. phone number, street address) of a Third Party has been posted or transmitted without their consent or as a form of harassment; or (v) protect the rights, property or safety of CTD or the site users.

6. Conduct

(a) You shall not post, email or otherwise make available Content that:

(i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy or is harmful to minors in any way;

(ii) list, offer for sale or sell any explosives, explosive devices or instructions for creating or making explosives or explosive devices other than ammunition for legal firearms;

(iii) is pornographic or depicts any human being(s) engaged in sexual conduct;

(iv) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

(v) impersonates any person or entity, including, without limitation, a CTD employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

(vi) includes personal or identifying information about another person without that person's written consent;

(vii) is false, deceptive, misleading or deceitful;

(viii) infringes any patent, trademark, trade secret, copyright or other property rights of any person or entity;

(ix) contains affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes or unsolicited commercial advertisement;

(x) constitutes or contains any form of advertising or solicitation if posted in areas of the CTD sites which are not designated for such purposes or emailed to CTD users who have not given written approval to contact them about other services, products or commercial interests;

(xi) includes links to commercial services or web sites;

(xii) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including, without limitation, the sale of items prohibited or regulated by Texas law. Without limiting the generality of the preceding sentence, you agree that all offers to sell and all sales and transfers of firearms, guns, ammunition, hunting guides and gun accessories shall by made by you strictly in accordance with all federal, state and local laws, rules and regulations. You further acknowledge and agree that applicable law prohibits that shipment of guns and firearms to any person or entity other than a Federally Licensed Dealer and you shall not sell, ship or deliver any goods in violation of any law. It is your obligation to know all laws regarding offers to sell and the sale and transfer of firearms, guns and ammunition and to fully comply with such laws and any violation of such law will terminate your right to access or use the Service. CTD will cooperate with law enforcement in prosecuting anyone suspected of breaking any such laws.

(xiii) A partial list of prohibited items for sale and prohibited services offered is provided at the following web address: CheaperThanDirt.com/FreeAds.

(xiv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(xv) disrupts the normal flow of dialogue with an excessive amount of Content to the Service or that otherwise negatively affects other users' ability to use the Service;

(xvi) violates and federal, state or local law, rule, regulation, ordinance or other authority; or

(xvii) employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

(b) Additionally, you shall not:

(i) contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial or improper purpose;

(ii) stalk or otherwise harass anyone;

(iii) collect personal data about other users for commercial, unauthorized or unlawful purposes;

(iv) use automated means including spiders, robots, crawlers, data mining tools or similar software to download data from the Service unless expressly authorized in writing by CTD;

(v) attempt to gain unauthorized access to CTD's computer systems or engage in any activity that disrupts, degrades, interferes with or impairs the performance of or functionality of the Services or CTD’s website;

(vi) use any form of automated device or computer program that enables the submission of postings on CTD’s website without each posting being manually entered by its author including, without limitation, use of any such automated posting device to submit postings in bulk or for automatic submission of postings at regular intervals; or

(vii) use any form of automated device or computer program ("flagging tool") that enables the use of CTD's flagging system or other community moderation systems without each flag being manually entered by the person that initiates the flag or use the flagging tool to remove posts of competitors or posts of CTD or any Third Party.

(c) CTD may, without prior notice, immediately terminate your access and use of the Service and any associated email addresses, all in CTD’s sole discretion including, without limitation, for any of the following reasons:

(i) breach or violation of this User Agreement or other incorporated agreements or guidelines;

(ii) request by law enforcement or other government agencies;

(iii) a request by you;

(iv) discontinuance or material modification to the Service (or any part thereof);

(v) unexpected technical or security issues or problems;

(vi) extended periods of inactivity;

(vii) engagement by you in fraudulent or illegal activities; or

(viii) nonpayment of any fees owed by you in connection with the Service.

(d) Termination of your CTD account may include:

(i) removal or denial of access the Service;

(ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and

(iii) barring of further use of the Service and CTD shall not be liable to your or any Third Party for any termination of your account, any associated email addresses or termination of access to the Service.

7. Posting Agents / Listing Content / Multiple Listings

(a) You may not use a Third Party agent, service or intermediary that offers to post Content to the Service on behalf of others without the written consent of CTD.

(b) Listings must offer a specific product or service for sale at a specific price. Any listing deemed to be general advertising will be removed.

8. No Spam Policy

Sending unsolicited email advertisements through CTD’s computer systems or the Service is expressly prohibited by this User Agreement. Any unauthorized use of CTD’s computer systems is a violation of this User Agreement and federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. A, §§ 1030 et seq.). Such violations may subject the sender and his agents to civil and criminal penalties.

9. Limitations on Service

CTD may establish limits from time to time concerning use of the Service including, without limitation, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages or other Content that may be transmitted or stored by the Service and the frequency with which you may access the Service. CTD has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. CTD reserves the right at any time to modify or discontinue the Service (or any part thereof), with or without notice, and CTD shall not be liable to you or to any Third Party for any modification, suspension or discontinuance of the Service.

10. Access to the Service

CTD grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include (a) access to the Service by posting agents or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders or similar data gathering or extraction tools for any purpose unless expressly approved in writing by CTD.

11. Termination of Service

CTD, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service for any reason, including, without limitation, if CTD believes that you have violated this User Agreement. Further, CTD shall not be liable to you or any Third Party for any termination of your access to the Service.

12. Proprietary Rights

(a) The Service is protected by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work or compilation pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of CTD. You shall not reproduce, duplicate or copy Content from the Service without the express written consent of CTD and you agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

(b) Although CTD does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to CTD an irrevocable, perpetual, non-exclusive, fully paid, transferable, irrevocable, worldwide license to use, copy, perform, display and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content and to grant and authorize sublicenses (through multiple tiers) of the foregoing. By posting Content to any public area of the Service, you automatically grant CTD all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Service by any party for any purpose.

13. Notification of Infringement Claims

If you believe that your intellectual property has been unlawfully copied or any Content otherwise infringes your intellectual property rights, please notify us in writing immediately.

14. Disclaimer of Warranties

YOU AGREE THAT USE OF THE CTD SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CTD SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CTD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE CTD SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CTD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CTD SITE OR SERVICE OR ACCESSED THROUGH ANY LINKS ON THE CTD SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CTD DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CTD SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CTD BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE CTD SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CTD SITE OR THE SERVICE, FROM INABILITY TO USE THE CTD SITE OR THE SERVICE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE CTD SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CTD SITE OR THE SERVICE OR ANY LINKS ON THE CTD SITE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CTD SITE OR THE SERVICE OR ANY LINKS ON THE CTD SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

16. Indemnity

You hereby agree to indemnify, defend and hold CTD, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including attorney fees, court costs and other legal disbursements and expenses arising from or related to, directly or indirectly, any Content you submit, post or make available through the Service, your use of the Service, your violation of this User Agreement, your breach of any of the representations and warranties herein or your violation of any rights of, or duties owed to, any Third Party.

17. General

(a) This User Agreement contains the entire agreement between CTD and you and governs your use of the Service, superceding any prior agreements between CTD and you.

(b) This User Agreement and the relationship between CTD and you shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

(c) CTD and you hereby agree to submit to the personal and exclusive jurisdiction of the state and federal courts of the State of Texas and venue shall by proper in Tarrant County.

(d) The failure of CTD to exercise or enforce any right or provision of this User Agreement in any instance shall not constitute a waiver of such right or provision.

(e) If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, such invalid provision shall be fully severable and the other provisions of this User Agreement shall remain in full force and effect.

(f) Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this User Agreement must be filed within one year after such claim or cause of action arose or accrued or be forever barred.