MPB Online Pets Network

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Mar. 14, 2010

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Terms and Conditions

	General Terms and Conditions (Registration) MyPetBids Online Auctions User Agreement Use of the MyPetBids Online Auctions web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement. MyPetBids Online Auctions reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 30 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us. All questions regarding this User Agreement should be sent via email to Legal Support . 1. Eligibility / Registration To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing MyPetBids Online Auctions with true and correct information as required on the MyPetBids Online Auctions registration form, including an accurate and valid address and phone number. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. By agreeing to these terms, you give MyPetBids the right to verify your phone number and address by whatever legal means necessary, including, but not limited to, calling the provided phone number to ensure that it is legitimate and that it is actually your real phone number. . 2. MyPetBids Online Auctions serves only as a Venue MyPetBids Online Auctions is an Internet site on which registered users post ads offering merchandise which they possess and wish to sell in an open auction environment. Registered users may also bid on or buy such merchandise. At no time does MyPetBids Online Auctions possess, hold, or offer any merchandise for sale or auction, nor are we involved in any part of the actual transaction. MyPetBids Online Auctions serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the bidder/buyer to verify with the seller any or all information about any item listed on MyPetBids Online Auctions, for which they intend on placing a bid, before placing such bid. MyPetBids Online Auctions can not be responsible for a sellers willingness or ability to sell any item they have listed, or a Bidders willingness to follow through with a transaction for an item(s) for which they have placed a bid. We encourage open communication between buyers and sellers before and after any transaction takes place. Since we are merely a venue for buyers and sellers to meet, all users of this site agree that they will not hold MyPetBids Online Auctions (including all owners, officers, employees, parent companies, contractors, suppliers, or agents) responsible for any fraud, loss, harm or criminal activity of other users on this site that may take place. All transactions and relationships on this site are the sole responsibility of the users involved and they accept all liability for the same. 3. User Verification Because of difficulties involved with verification over the Internet, MyPetBids Online Auctions is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any members feedback profile to see what others have said about dealing with them. 4. Disputes and Release Because MyPetBids Online Auctions has no involvement in transactions between users we can not get involved in disputes between users. You hereby release MyPetBids Online Auctions (including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes. 5. Selling on MyPetBids Online Auctions All sellers on this site must go through a thorough Identification verification process selected and specified solely at the discretion of MyPetBids Online Auctions. By listing an item(s) for auction/sale on MyPetBids Online Auctions, you are stating that you have the intention and ability to sell the item(s). You furthermore state that any item(s) which you are offering for auction/sale does not violate any local, state, or federal laws, regulations, or guidelines prohibiting the sale or distribution of your item(s). In addition, all sellers on MyPetBids.com who accept checks, money orders or other printed instruments of payment must be willing to accept them with "For Deposit Only" written on them by the buyer. You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of it. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Your information and the sale of your item(s) on our site: (a) shall not be fraudulent or involve the sale of counterfeit, stolen, contraband items; Sellers may not list prescription drugs or controlled substances or their components, including medications that contain pseudoephedrine or ephedrine. Pet and livestock medications that require a prescription from a licensed veterinarian also are not allowed. Listings that contain information purporting to facilitate transactions involving these types of substances also are not permitted. (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or be harmful to minors; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly to or include descriptions of goods or services that: (i) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (ii) are concurrently listed for auction on a web site other than ours; or (iii) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any: (x) item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation. Listings may consist of any one, or a combination of the following: A detailed and accurate text description of your item A picture which you supply of your item A link to a picture (that you own or have rights to link to) Agian Listings may not contain items or information that: Violate any state, local, or federal laws that prohibit the sale or distribution of your item. Infringe upon any third parties, copyright, patent or trademark rights. Imitate designer or brand name products. (Any seller who is uncertain about the authenticity cannot sell it on this site). Are copied or bootleg reproductions of any type of media (dvds, software, etc.). Are missing the license or other materials legal required for its usage and/or transfer, such as in the case of computer software (you cannot sell CDs in white sleeves or other packaging without original artwork and required materials). Falsely advertise, or misrepresent the merchandise being offered for sale. Are sexually explicit in nature, contain or describe sexual acts, nudity, pornography or child pornography, or would be classified as Adult only material. By paying a listing fee or final auction value fee to MyPetBids Online Auctions, might cause us to violate any local, state, federal law, regulation or guideline. If at the close of your auction, a bid has been placed on your auction that meets or exceeds your stated minimum bid or reserve price, you are obligated and agree to complete the transaction with the high bidder(s) as per the terms and conditions stated in your listing. Sellers may not engage in the following activity: Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves. Soliciting bidders who have placed bids in an auction being run by another seller offering an item similar or identical to yours. Listing an item in which you have a limited quantity available, and have also listed, at the same time, on another online auction site. Listing items which you do not have possession of at the time of listing. WE DO NOT ALLOW DROP SHIPPING OR PREORDERS on MyPetBids.com under any circumstances. If you are running a Dutch Auction, your items must be identical in size, shape, color, and description. Placing a link, website address, email address, physical address, etc. in the auction description to promote a website or business. 6. Placing Bids By placing a bid on an item(s) listed on MyPetBids Online Auctions, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid. Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid. Only in certain situations would bid withdrawal be acceptable. These situations may include: The seller has made material changes to the description of the item after your bid was placed. The seller has made a typographical error in the description of the item. You have contacted the seller and received their express permission to withdraw your bid. Bidders may not engage in the following activity: Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder. Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID. Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on MyPetBids Online Auctions, any questions you may have regarding the sale of, or condition of the item before placing your bid. By placing a bid, you further state that the purchase and or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item(s). 7. Fees There are no fees to register, bid or buy merchandise listed on MyPetBids Online Auctions. All fees are quoted in U.S. Dollars, unless otherwise specified. You are responsible for paying all applicable taxes and any costs that you may incur to use our services or access our web site. This includes, but is not limited to, any such hardware, software, or service. We may at any time add to, delete or change any portion or all of our services at any time without notice 8. Personal Information Personal information is the information that you provide to MyPetBids Online Auctions or to other members when: Completing the registration process. Listing an item. Placing a bid. Leaving feedback comments. Placing your credit card information on file with us. Posting messages in any lobby area. Using any email feature offered to you through use of the site. You are responsible for your personal information. In the event that your information creates a liability to us that may cause our Internet service provider, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information. The use of your information is explained in our current Privacy Policy. 9. Your Password You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish. 10. Public Chat Lobbys MyPetBids Online Auctions may provid public forums (herein referred to as "Lobbys"), in which registered members may post messages and enjoy interacting with other registered members. These lobbys are provided as a courtesy to the MyPetBids Online Auctions community. MyPetBids Online Auctions is not responsible for the content posted in the Lobbys and may not agree with the views expressed therein. The following types of posts or comments are considered unacceptable in any lobby on our site. Posting of such may result in the suspension of your ability to post in our lobby or the suspension of your MyPetBids Online Auctions Account. Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a lobby. Posts that advertise items you have for sale. Posts that contain profanity or that are defamatory in nature. Posts that contain links to other online auction sites. Posts that contain adult pictures, material, or links thereto. Posts that disclose personally identifiable information about another registered member. Posts that are disruptive in nature, harass or threaten another member or MyPetBids Online Auctions staff member. Additional guidelines may be posted, and amended, regarding the use of our chat lobbys. 11. Stability Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the MyPetBids Online Auctions web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information. 12. Feedback MyPetBids Online Auctions provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. The following actions regarding the use of the Feedback system are prohibited: Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing. Leaving feedback that contains vulgarity or profanity. Leaving feedback that discloses another users personally identifiable information. Leaving comments that are negative in nature, through the selection of the Positive comment option. MyPetBids Online Auctions provides you with an opportunity to "Retract" a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment. This function should not be misused. Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account. In the event that your feedback rating should reach the status of -4 (negative 4) your registration and account may be suspended. It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System. 13. Privacy MyPetBids Online Auctions takes several steps to protect and prevent the misuse of the personal and private information you supply us. You may review our current Privacy Policy. 14. Notice All notices given between both parties (You and MyPetBids Online Auctions) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting. 15. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE WEBSITE AND OUR SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.IN NO EVENT SHALL MYPETBIDS ONLINE AUCTION (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE. Your state may not allow the disclaimer of implied warranties, in which case the foresaid disclaimer would 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. THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. 16. Indemnification You agree to indemnify and hold harmless MyPetBids Online Auctions, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MyPetBids Online Auctions, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity. 17. Legal Responsibility It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site. *Click here for Licensing and Registration Under the Animal Welfare Act Guidelines for Dealers, Exhibitors, Transporters, and Researchers or visit: http://www.aphis.usda.gov/lpa/pubs/awlicreg.html#BA The following states have enacted laws that protect consumers when purchasing pets. To date, there are seventeen states with such laws (links on the laws are provided on the table below). While the laws differ with regard to time limits and conditions under which a purchaser may return a companion animal, all the states allow a consumer to return a “defective pet” and receive a refund/exchange. Some of the states allow owners to retain the pet and receive reimbursement for veterinary expense. In general, purchasers have between seven and twenty-one days to return a diseased or otherwise unfit animal. Additionally, while all the seventeen states cover dogs, fourteen of them also cover cats, and one (New Hampshire) includes ferrets under its provisions. Arizona Arkansas California Connecticut Delaware Florida Maine Massachusetts (by admin. regulation) Minnesota New Hampshire New Jersey New York Nevada Pennsylvania South Carolina Vermont Virginia This information is subject to change and may not be the most current, it is your responsibility to stay informed on new state laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site. 18. No Partnership / Agency You and MyPetBids Online Auctions act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. 19. Violation of User Agreement We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination. 20. General 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 Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall 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. This Agreement and the terms and conditions herein, shall be governed by the laws of the State of Florida. You further submit to the legal jurisdiction of the state of Florida and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in Monroe County, Florida, or a court within the jurisdiction of the state of Florida. 21. Disclosure The services herein are offered by MyPetBids Online Auctions.
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