Online Auction Terms and conditions
Updated November 17, 2011

The following terms and conditions, which may be amended from time to time without notice at Company’s sole discretion (the “Terms and Conditions”), shall apply to all online auctions hosted at (“Auction(s)”). Any additional terms and conditions relative to any one particular Auction (hereinafter, “Additional Terms and Conditions”) shall be documented in writing on the webpage for that respective Auction. In consideration of the opportunity to bid on an Auction, you (hereinafter, a “Bidder” or “Buyer”) hereby agree that you have read and agree to be bound by the Terms and Conditions set forth herein, as well as any Additional Terms and Conditions documented in writing for any particular Auction.

1. Role of Company; Role of AuctionRules., Inc. (the “Company”) has established Affiliates, as defined herein, for the purpose of hosting Auctions and/or providing items to be sold on Auctions. Company is responsible only for providing the Auction portal with URL (“AuctionRules”), and is not responsible for acts, omissions or misrepresentations of its Affiliates or any of its Affiliates’ owners, officers, directors, principals, managers, employees, representatives, contractors, agents, subagents, affiliates, successors, assigns or other personnel (collectively referred to hereinafter as “Personnel”). Company makes no representations or warranties, whether express or implied, that access to AuctionRules will be uninterrupted or that AuctionRules will be error free. Company shall not be liable for the consequences of any interruptions or errors, including the tracking of information related to Bidders, Buyers, Auction Items or Auctions during any period of interruption. Bidders use AuctionRules at their own risk. An “Affiliate” is as any person or entity having express authority and approval from Company to post items for sale on AuctionRules.

2. Bidder; Contract; Payment. Any individual eighteen (18) years of age or older registered at AuctionRules and approved as an active user in order to place bids on Auctions shall be deemed a registered “Bidder.” As a Bidder, you hereby represent and warrant that you have the authority and capacity to enter bids for Auction Items, and that any bid you make constitutes an irrevocable, legally-binding contract to purchase the Auction Item for the amount at which your bid is placed, plus the Buyer’s Fee (as defined in Article 7), a Convenience Fee (as defined in Article 8), if applicable, and any applicable taxes. A Bidder may not cancel a bid once it has been placed. The highest bid placed for any Auction Item as of Auction Close shall be deemed the “Purchase Price”, and the Bidder offering the highest bid for any Auction Item as of Auction Close shall be deemed the “Winning Bidder.” The Winning Bidder shall have forty-eight (48) hours upon receipt of notice as the Winning Bidder to pay for the Auction Item in full with funds immediately available to the Company. In the event the Winning Bidder does not make full payment within the allotted timeframe: (i) such Bidder shall be removed as a Bidder from AuctionRules, and all current and future bidding privileges for Bidder shall be revoked; and (ii) the Auction Item shall either be sold to the second highest Bidder or offered for sale on a subsequent Auction, at the sole option of Affiliate and without notice to Bidders.

3.Validity; Loss Prevention. Every Bidder is required to provide personal information and a valid credit card in order to activate his/her user account and become established as a registered Bidder on AuctionRules. Bidder represents and warrants that the information provided is accurate, and hereby agrees to keep Bidder’s user identification information and password confidential. Bidder understands and acknowledges that Bidder is solely responsible for any and all activity generated using Bidder’s AuctionRules account.

4. Auction Close. Each Auction description shall define whether the Auction is online only or dual-platform, meaning an online Auction followed by a live auction. For online only Auctions, the Auction Close time is when the closing process begins. All Auction Items shall remain open until no bids have been received for five (5) minutes following the Auction Close. Company reserves the right to modify the Auction Close. In the event of a dual-platform Auction, the Auction Close time is when online bidding will discontinue in preparation for a subsequent live auction.

5. Settlement. Payment for all Auction Items shall be handled through Company without exception. In the event the sale of a particular Auction Item is promoted through both an online Auction and a subsequent live auction, Company and Affiliate represent and warrant that the Auction Item will be awarded to the Winning Bidder, regardless of whether that Bidder participated in the online Auction or subsequent live auction, or both.

6. Shipping and Handling. Buyer shall be solely responsible for the removal and/ or shipping of all Auction Items by the date and time designated for each Auction, and for any and all costs related thereto.

7. Buyer’s Fee; Buyer’s Premium. Except for sales of real property, Buyer shall pay to Company a “Buyer's Fee” or “Buyer’s Premium” equal to ten percent (10%) of the Purchase Price. For example, if the highest bid (the Purchase Price) is One Hundred Dollars ($100.00), the Buyer’s Fee will be Ten Dollars ($10.00). Company hereby agrees to donate ten percent (10%) of all Buyer’s Fees to local schools, charities, non-profits, foundations and/or community programs.

8. Sales Tax. If an Auction Item is subject to sales tax, Company shall collect sales tax when payment is made by Buyer. Sales tax shall be calculated based on the sum of the Purchase Price and Buyer’s Fee.

9. Convenience Fee. In the event Buyer wishes to pay via credit card or debit card, Company shall accept Visa and MasterCard through online payments made at AuctionRules, and a flat three percent (3%) “Convenience Fee” shall be assessed based on the sum of the Purchase Price, Buyer’s Fee and any applicable taxes.

10. Condition and Value of Auction Items. All Auction Items are sold “as is” and “where is” with no warranties, express or implied. Illustrations, pictures, descriptions and/or videos posted on AuctionRules are for identification purposes only and are not intended as warranties of any type or kind. Buyer assumes complete and sole responsibility for inspection of Auction Items prior to bidding and relies solely on his/her own inspection as to the condition and value of the Auction Items. Company, AuctionRules, Affiliate and Affiliate’s Personnel are not responsible for any errors or omissions in the descriptions or photos presented on AuctionRules. Buyer waives any and all claims against Company, AuctionRules and Affiliate based on the condition or value of the Auction Items. All sales are final.

11. Conflict of Terms and Conditions. In the event any of the Additional Terms and Conditions for a particular Auction conflict with the general Terms and Conditions set forth herein, the Additional Terms and Conditions shall prevail for that particular Auction.

12 .Transfer of Title and Risk of Loss. Title to an Auction Item passes to Buyer when full payment for the Auction Item has been received and the Auction Item has been removed from Affiliate’s location or any such other pickup location designated on the Auction webpage. Upon removal of that Auction Item from Affiliate’s location or such other designated pickup location by Buyer or Buyer’s Representative, any and all risk of loss shall pass to Buyer.

13. Buyer's Responsibilities and Conduct. Buyer shall be responsible for any and all damage that Buyer, Buyer’s representatives and/or Buyer’s shipping carriers may do to the property of any third party (and, in particular, to Company’s and/or Affiliate’s premises or the designated pickup location) during the removal of any Auction Items purchased by Buyer. Should Company or Affiliate consider such damage likely to occur, either party may require Buyer to provide Company with a security deposit to cover repair costs for any potential property damage. Should Buyer refuse to make such security deposit for potential damages, Company may refuse to grant Buyer access to the pickup location premises and may rescind the sale of such Auction Items, at its discretion.

14. Indemnification. Buyer indemnifies, defends and holds harmless Company, AuctionRules, Affiliate and Affiliate’s Personnel against any and all claims, damages, liens, liabilities, losses and expenses including reasonable attorney’s fees and litigation expenses, that Company, AuctionRules, Affiliate, Affiliate’s Personnel, Buyer or any third party may suffer or incur based upon: (i) acts or alleged acts of Company, AuctionRules, Affiliate or Affiliate’s Personnel with respect to the Terms and Conditions; (ii) use of AuctionRules; (iii) pickup or removal of an Auction Item; and (iv) the breach or violation of any laws, statutes, rules or regulations by Company, AuctionRules, Affiliate or Affiliate’s Personnel including, without limitation, consumer protection laws. Claims indemnified shall include, without limitation, those related to any other contract or duty including, but not limited to, claims for breach of contract, tortious interference with contractual relations or tortious interference with prospective economic advantage.

15. Limitation of Liability. Notwithstanding anything to the contrary contained herein, Company, AuctionRules, Affiliate and Affiliate’s Personnel shall not be liable for indirect, incidental, consequential, exemplary or punitive damages including, without limitation, lost profits or loss of business, whether arising out of contract or tort, including negligence, even if Company, AuctionRules, Affiliate or Affiliate’s Personnel had been advised of or could have foreseen such damages. Company, AuctionRules, Affiliate and Affiliate’s Personnel shall not be liable for any acts, omissions or misrepresentations.

16. Choice of Law and Venue. All disputes relating to an Auction and/or the Terms and Conditions thereof shall be interpreted, enforced and governed in accordance with the laws of the State of Kansas, excluding its choice of law provisions. All claims relating to an Auction and/or the Terms and Conditions thereof shall be brought before the state and federal courts of the State of Kansas, and Bidder consents to the jurisdiction of such courts in Hays, Ellis County, Kansas, and waives objection to venue.

17. Interpretation; Headings. All descriptive titles and headings are inserted for convenience only, and shall not be interpreted to limit or modify the meaning of any provision as it is actually written.