Terms and Conditions
auctions.allproducts.com User Agreement

THIS AGREEMENT DETAILS THE TERMS ON WHICH AUCTIONS.ALLPRODUCTS.COM OFFERS ACCESS TO ITS SERVICES

Nov/15/2000

Before you subscribe to and/or begin participating in or using the Site, auctions.allproducts.com requires that you read and accept the auctions.allproducts.com User Agreement ("Agreement"). BY CLICKING ON THE BUTTON MARKED "ACCEPT" , YOU INDICATE THAT YOU DO ACCEPT AND AGREE TO THIS AGREEMENT AS IT APPLIES TO YOUR USE OF THE SITE. If you do not agree with and accept all the terms of this Agreement, you may not access or otherwise use the Site.

auction.allproducts.com may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective 15 days after they are initially posted on our Site. Your continued use of the Site after such changes are posted will, constitute your agreement to such changed Terms and Conditions. This Agreement may not otherwise be amended, except by written consent from both parties.

1. Definitions
   Unless otherwise indicated in this Agreement, the following terms shall be defined for the purposes of this Agreement:
   
   1.1 "Online Auction" means an online auction that functions like a physical auction. Sellers put items up for auction for an allotted time, and potential buyers bid on the item until the auction ends. The highest bidder wins the auction and pays the seller. The difference is that the listing and bidding are done electronically on the Web,and there is no auctioneer.
   
   1.2 "Business Day" means a day (excluding Saturday and Sunday) on which banks are open for business in the United States of America;
   
   1.3 "Buyer" means any person wishing to submit a bid for merchandise or accept a tender of merchandise through the auctions.allproducts.com website;
   
   1.4 "Site" means the auctions.allproducts.com Online Exchange website, through which auctions.allproducts.com provides auction services.
   
   1.5 "Seller" means any person wishing to list merchandise for purchase through the auctions.allproducts.com website;
   
   1.6 "auctions.allproducts.com" means All Products Online Corp. a company incorporated under the laws of the State of California in the United States of America.
   
   1.7 "Us" or "we" means All Products Online Corp, and any employee, agent, successor, officer, director, subsidiary, assign, or representative thereof; and
   
   1.8 "You" or "user" means a user of the auctions.allproducts.com Online Exchange, including but not limited to Buyers and Sellers.
   
   
2. Membership
   
   2.1 Membership Eligibility. Our services are available only to individuals, corporations, or other business entities that can form legally binding contracts under California law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, you may not use our services. It is a condition of membership that you accept all of The terms of this Agreement, and that you have provided the information requested on the Membership Registration Form. The individual accepting this Agreement warrants and represents that he or she is authorized to accept it on behalf of the company applying for membership and has the power to legally bind such company by his or her acceptance.
   
   2.2. Membership Approval. Upon your acceptance of this Agreement, your completed Membership Request Form shall be submitted to auctions.allproducts.com. auctions.allproducts.com will notify you by email whether or not you or your company has been approved for membership or whether additional information is required. auctions.allproducts.com may refuse our services to anyone at any time, in our sole discretion. auctions.allproducts.com through its approval process makes no assertions regarding a member to other members.
   
   2.3. Applying as a "bidding member". If you want to participate in the auction service, you must first register as a bidding member. auctions.allproducts.com will require two working days to verify and check your application. During this time you may not bid on the auction site ,but you may view the site as a general member. In the event that you choose not to register as a "bidding member" you will be considered a "general member", which means you may not access our online auction service, to purchase quality merchandise at competitive prices. Our system will automatically identify "general" or "bidder" member when you login with your ID and password .
   
   
3. auctions.allproducts.com Online Digital Marketplace Is a Venue
   
   3.1 Overview. auctions.allproducts.com acts as the venue for our members to buy and sell products through our on-line digital marketplace. auctions.allproducts.com does not take ownership of any merchandise sold through the auctions.allproducts.com Online Digital Marketplace or to have any liability arising out of or in connection with the obligations of either Seller or Buyer, or in connection with any sale through the auctions.allproducts.com Online Digital Marketplace. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between auctions.allproducts.com and any other party.
   
   3.2 auctions.allproducts.com is Neutral. auctions.allproducts.com is not a party to any purchase or sale. As a result, we have no control over and are not responsible for the quality, safety, legality, or condition of the items listed, the truth or accuracy of the listings (or associated uploaded files), or the ability or capacity of any Buyer or Seller to participate in the transactions. We cannot and do not control whether Sellers will complete the sale of items they offer or whether Buyers will complete the purchase of items on which they agree to purchase. In addition, you may face additional risks of dealing with foreign nationals, underage persons, or people acting under false pretense. We plan to establish a feedback system to help you better evaluate the Buyers and Sellers on the auctions.allproducts.com Site. However, the feedback system is not foolproof, so we encourage you to act with due care.
   
   3.3 Release. In the event that you have a dispute with one or more users, you release us from claims, demands, and damages (actual, consequential, and punitive) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You also waive any provision of any law limiting or prohibiting a general release.
   
   3.4 Information Control. We do not control the information provided by any users of auctions.allproducts.com Online Digital Marketplace. Such information may be inaccurate, mislabeled, or deceptively labeled. We expect that you will use caution - and common sense - when using our Site. Since appearance on the Site is not an indication of creditworthiness, trustworthiness, or acceptability, users are encouraged to exercise due care.
   
   
4. Shipment. The winning bidder is considered to be the final buyer, who is responsible for paying all shipping and handling charges associated with the order. The seller will ship the merchandise to the buyer who wins the auction on the website (winning bidder), as per the shipment arrangements made between APOC and the buyer. AUCTIONS.ALLPRODUCTS.COM WILL IN GOOD FAITH MAKE THE BEST COMMERCIAL EFFORTS TO ENSURE THE DELIVERY OF MERCHANDISE AND ORDER COMPLETENESS. THE WEBSITE DOES NOT GUARANTEE THE MERCHANDISE QUALITY, delivery date, and is not responsible for any delays that are not within auctions.allproducts.com reasonable control, including but not limited to, delays resulting from unavailability of goods from seller. Merchandise from the seller passes to an assigned forwarder and then directly to the buyer (winning bidder). Unless otherwise agreed upon between auctions.allproducts.com and the buyer, loss or damage that occurs during shipping by a carrier selected by the buyer is the buyer's responsibility.
   
   
5. Inspection. auctions.allproducts.com will provide two different inspections: PAI (Pre-auction inspection) & PFI (Pre-final inspection). Before shipment is loaded on board, there will be a PSI (Pre-shipment inspection) performed by SGS or the buyer.
   
   
6. Fees. auctions.allproducts.com does not charge a buyer any transaction fees. Any other expenses created by, but not limited to, buyer using online services provided by value-added partners of the website will go to buyer's account. You understand and agree that auctions.allproducts.com won't be responsible for any fees incurred as a result of buying through the website.
   
   
7. Payment Processing. Unless otherwise agreed by auctions.allproducts.com, all payment must be received prior to auctions.allproducts.com's acceptance of the order. Payment by a buyer will be made through wire transfer, cashiers check, irrevocable L/C, or some other pre-arranged payment method between auctions.allproducts.com and the buyer. In the event that there is a past due amount from the Winning Bidder, then the Winning Bidder agrees to pay interest on all past-due sums at the highest rate allowed by law, and any costs including attorney's fees for collecting such past-due sums.
   
   
8. Taxes. The Buyer shall be responsible for the payment of any sales, transfer, turnover, value added, excise, custom duties or other taxes applicable to the sale or delivery of merchandise purchased through the auctions.allproducts.com Online Digital Marketplace. You acknowledge and agree that for all transactions that arise in connection with your use of this Site, auctions.allproducts.com does not take any responsibility to calculate, report, or remit sales or use taxes which may be assessed, due, or owing to the taxing authorities of any jurisdiction. You further acknowledge and agree that you are solely responsible for the calculation, collection, and remittance of any applicable taxes that may be incurred or assessed in connection with your use of the Site.
   
   
9. System Integrity. You may not use any device, software, or other routine to interfere or attempt to interfere with the proper working of the auctions.allproducts.com Online Digital Marketplace, or any activities 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 or share your password with any third parties nor use your password for any unauthorized purpose. You are solely responsible for all use of and for protecting the confidentiality of your email address, the validation code, and your password. You may not share your email verification number or your password with any third parties nor use such number or password for any unauthorized purposes.
   
   
10. User Information. In the course of your using the Site, you will provide certain information about yourself or your business to auctions.allproducts.com or other users (such information collectively is referred to hereinafter as "User Information"). You agree that all User Information and all items that you provide and auctions.allproducts.com approves for Posting on the Site (the "Posted Items") shall be current, complete, and accurate and that you shall update and maintain such information to keep it current, complete and accurate. You, and not auctions.allproducts.com, are making any and all representations and warranties set forth in any User Information and Posted Items. You are solely responsible in all respects for all use of and for protecting the confidentiality of your email address, the email verification number and your password. You agree to grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicense right to exercise the copyright and publicity rights that you have in your User Information, in any media currently or not yet existing. auctions.allproducts.com will use the User Information solely in accordance with our Privacy Policy.
    
    
11. Monitoring. You agree that auctions.allproducts.com has the right, but not the obligation, to monitor, edit, disclose (subject to Privacy Policy), refuse to post, or remove at any time, for any reason in its sole discretion, any material and content, including but not limited to User Information and Posted Items anywhere on the Site, including but not limited to chat rooms, bulletin boards, email and other forums. Notwithstanding this right, auctions.allproducts.com does not and cannot review all materials posted to the Site by users and auctions.allproducts.com is not responsible for any such material posted by user. Auctions.allproducts.com may also, at its sole discretion, refuse to forward any email from you to any other user for any reason.
    
    
12. Feedback. You agree not to take any actions that may undermine the integrity of auctions.allproducts.com's planned rating system, including but not limited to leaving positive feedback for yourself using secondary membership or user IDs or third-parties; leaving negative feedback for other users using secondary accounts or third-parties (feedback bombing); or leaving negative feedback if a user fails to perform some action that is outside the scope of the online digital marketplace (feedback extortion). You agree that such statements may be displayed to and used by other members to evaluate you, and that you do not object to such comments, even if you disagree with them.
    
    auctions.allproducts.com will not edit any feedback about any member at a member's request, unless the affected member can demonstrate to auctions.allproducts.com's sole satisfaction, that the feedback is slanderous or untrue. If you receive negative comments from other members, auctions.allproducts.com reserves the right to revoke your membership.
    
    
13. Disclaimer. auctions.allproducts.com deals in selling surplus inventory. The goods listed on the digital marketplace are generally priced lower than market-related prices or rates. These products listed herein may have been subject to a late delivery, an order cancellation, a change in design or packaging, liquidation or any other unforeseen cause. The products are provided on an "as is", "as available" basis, without representation or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. auctions.allproducts.com expressly disclaims any warranties or guarantees for the auctioned items. However, auctions.allproducts.com will appoint an agent to perform a random inspection of merchandize before shipment is effected. If there are any inconsistencies in the quantity or quality of the products or packaging, then they will be clearly stated in our inspection report, which the buyer will receive within 48 hours of the auction closing. Should there be any disputes arising out of, or relating to the execution, then such cases shall be amicably settled through negotiation between the Buyer and the Seller. auctions.allproducts.com will not be held responsible for these disputes.
    
    YOU UNDERSTAND AND AGREE THAT THE USE OF AUCTIONS.ALLPRODUCTS.COM ONLINE DIGITAL MARKETPLACE IS AT YOUR OWN RISK AND WITHOUT ANY WARRANTY OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR CAUSE, OR NON-INFRINGEMENT. YOU UNDERSTAND THAT YOU ASSUME ALL RISKS WITHOUT RECOURSE TO AUCTIONS.ALLPRODUCTS.COM IN CONNECTION WITH THE MERCHANDISE PROCURED THROUGH AUCTIONS.ALLPRODUCTS.COM ONLINE DIGITAL MARKETPLACE.
    
    
14. Limitation of Liability. IN NO EVENT SHALL AUCTIONS.ALLPRODUCTS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLAR DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
    
    THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
    
    
15. Indemnity. You hereby agree to indemnify, defend, and hold us harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with a breach of your obligations, representations, and warranties provided in this Agreement. You also agree to hold us harmless for all liability, claims, damages, and costs, including reasonable legal fees, arising out of or in connection with any errors, malfunction, or defects in connection with the auctions.allproducts.com Online Digital Marketplace system.
    
    
16. 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, purchasing and selling items, including but not limited, to the laws of jurisdictions of each of the Buyer and Seller. You shall abide by all such laws including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or international embargo.
    
    
17. User Responsibilities and Requirements. You are responsible for all agents acting or purporting to act on your behalf. You are responsible for the actions and statements of all users who access the auctions.allproducts.com Site using your membership ID and password. You agree that prior to permitting any and all agents to use the services of auctions.allproducts.com, each such agent will first acknowledge in writing the Terms of this Agreement and agree to be bound by them, and you will furnish us with a copy of such acknowledgment upon request.
    
    You warrant and agree that you will not (i) except as expressly permitted in this Agreement or the Site, Post any of the "Prohibited Items" listed below or engage in spamming or flooding or (ii) modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, incorporate into another Web site, mirror the Site, or in any other way commercially exploit any of the content, information, materials or services found on the Site, in whole or in part (including without limitation for comparative advertising purposes or to develop a competing Web Site or service offering), or (iii) download and use parts of the Site repeatedly for uses other than those expressly authorized on the Site or this Agreement.
    
    You warrant and agree that you shall not impersonate or misrepresent your affiliation with any other person or entity or attempt to gain unauthorized access to other computer systems or data through the Site.
    
    You warrant and agree that you shall not contact any user of the Site except in connection with the negotiation and completion of a legitimate sale or purchase transaction through the Site. Any such contact shall be solely by email over the Site and by no other means; in particular, you agree that you will not share any contact information with any user of the Site in connection with the negotiation or completion of the transaction described above.
    
    
• Prohibited Items
  
  
  • Bulk email/lists
  • Advertisements
  • Solicitations
  • Offers for sale of goods or services
  • Chain letters
  • Pyramid schemes
  • Investment opportunities or schemes
  • Other unsolicited commercial communication
  • Alcohol
  • Animals and animal parts
  • Counterfeit Items
  • Illegal drugs and drug paraphernalia
  • Embargoed firearms
  • Government IDs and licenses
  • Human parts and remains
  • Pornography
  • Prescription drugs/material
  • Stocks and other securities
  • Stolen property
  • Tobacco
    
    
18. Intellectual Property Rights. You recognize and agree that you have no rights in or to the whole of or any part neither of the trade names "auctions.allproducts.com," "www.allproducts.com" or "All products Online Corp." nor to any of the auctions.allproducts.com Online Digital Marketplace components or processes. You will not, except as otherwise permitted by this Agreement disclose, make use of, or otherwise infringe our intellectual property or any derivatives thereof. You agree that upon any violation of this covenant, auctions.allproducts.com shall suffer irreparable harm and shall be entitled to injunctive relief against any further violation, in addition to any other damages to which auctions.allproducts.com may be entitled. This covenant is independent of any other covenant, term, or condition of this Agreement and shall survive the expiration or termination of this Agreement. You further recognize and understand that but for your giving this covenant, auctions.allproducts.com would not have entered into this Agreement.
    
    
19. Terminations and/or Modification of Services. We may, in our sole discretion, add, delete, or modify some or all of our services at any time. auctions.allproducts.com reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including but not limited to content, features, or hours of availability. auctions.allproducts.com may impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that auctions.allproducts.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further you agree that auctions.allproducts.com shall not be liable to you or any third-party for any termination of your access to the service.
    
    
20. Partners. As a convenience to our members, auctions.allproducts.com has identified various best-of-breed service partners that may provide payment processing, financial, shipping, insurance, inspection, testing and other services. auctions.allproducts.com may from time to time provide access to these services directly from the auctions.allproducts.com Site. You recognize and understand that any arrangement between a member and a service partner is solely between those parties and does not involve auctions.allproducts.com. auctions.allproducts.com plays no part in pricing decisions related to such services or in any negotiations between members and service partners relating to the provision of such services. auctions.allproducts.com may, however, receive a fee from service partners based on the provision of such services to members.
    
    
21. Notices. Except as explicitly stated otherwise, any notices shall be given by email to auctionservice@allproducts.com (in the case of auctions.allproducts.com) or to the email address you provided during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified by the receiver 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 us during the membership application process. In such case, notice shall be deemed given five (5) Business Days after the date of mailing.
    
    
22. Termination. auctions.allproducts.com expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or individuals, at the sole discretion of auctions.allproducts.com, for any reason and without notice.
    
    
23. Dispute Resolution. Any controversy involving auctions.allproducts.com arising from or in any way related to this Agreement or User's use of the Services or the Website, should be submitted to binding arbitration to be conducted in accordance with the Rules of Commercial Arbitration of the American Arbitration Association ("AAA"). A single arbitrator with knowledge of the auction business shall conduct the arbitration in Santa Clara County, California. The parties shall mutually agree upon such arbitrator. In the event that the parties have not agreed to a mutually acceptable arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA from its regularly maintained list of commercial arbitrators shall select the arbitrator. Within 60 days after the arbitrator has been selected, the arbitrator shall conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and shall render a decision within ten days after the conclusion of the hearing. The Federal Rules of Evidence and the Federal Rules of Civil Procedure shall apply to any arbitration hearing, and aggregate deposition discovery conducted in connection with any such hearing shall not exceed ten hours for each party. The decision of the arbitrator shall be binding and final, and the arbitration award may be filed in a court of competent jurisdiction. In the event that a civil or administrative proceeding with respect to any disputes subject to arbitration under this provision is commenced, any other party to such proceeding shall be entitled to demand arbitration with respect to that dispute, and shall be entitled to a permanent stay and injunction against any such civil or administrative proceeding. In the event that a party asserts multiple claims or causes of action, some but not all of which are subject to arbitration under law, any and all claims subject to arbitration shall be submitted to arbitration in accordance with this provision.
    
    
24. Legal Fees. If any action at law or in equity is necessary to enforce or interpret the Terms of this Agreement or any of the provisions hereof, the prevailing party therein shall be entitled to recover from the non-prevailing party, in addition to any other relief to which such prevailing party may be entitled, reasonable legal fees, costs, and any other necessary disbursements.
    
    
25. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of California.
    
    
26. General Provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible, so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either you or auctions.allproducts.com to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. All provisions in this Agreement regarding representations, warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of this Agreement.
    
    
27. No Assignment, Resale, or Unauthorized Commercial Use. You agree not to resell, assign, or transfer your rights or obligations under this Agreement, without the written consent of auctions.allproducts.com. You also agree not to make any unauthorized commercial use of auctions.allproducts.com Site or Services.
    
    
28. Force Majeure. auctions.allproducts.com shall not be responsible in any manner for any loss or damage occurring as a result of forces beyond its control, including, without limitation, any act of God, natural catastrophe, war, pestilence, labor dispute, telecommunications disruption, or any other matter, cause or thing which such parties do not directly control.
    
    
29. Entire Agreement. This Agreement constitutes the entire agreement between you and All Products Online Corp. and supersedes all other agreements. No other representations or warranties are made, save for those contained within this Agreement.
    
    
30. Trademarks. auctions.allproducts.com, allproducts.com, and the logos thereof are trademarks or service marks of All Products Online Corp, Inc. No display or use of such marks may be made without the express written permission of All Products Online Corp.