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 User Agreement 
 

User Agreement

The User Agreement and Fee Schedule below is effective for all users on October 1, 2002.

User Agreement

THE FOLLOWING ARE THE TERMS YOU AGREE TO WHEN USING RENNBID AUCTION SERVICES.

You must read and agree to all of the terms and conditions contained in this User Agreement and the Privacy Policy, before you may become a member of Rennbid.

We may change or amend this Agreement at any time by posting the amended terms on our site, and/or notify you by mail.

  1. Your Eligibility.
    Our services are available only to individuals who can form legally binding contracts under applicable laws and are registered members of Rennbid in good standing.

  2. Fees and Services. All fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

  3. Rennbid is an auction service only
    Rennbid is not an Auctioneer. Our site acts only as a venue to allow anyone to offer, sell, and buy Porsche related material, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

    Legal Release.
    Because we are a venue, in the event that you have a dispute with one or more users, you release Rennbid a subsidiary of 9xauto INC. from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You waive all civil code provissions releasing Rennbid from knowledge or liabilities arising from your purchase using our venue.

    Content Control.
    We can not verify the information provided by Rennbid users to be accurate or deceptive. Do your "Home work" and verify the given information with independent sources. Use common sense, be aware of persons or people acting under false pretense.

  4. Bidding and Paying.

    As a buyer, you are obligated to complete the transaction with the seller, unless the item is listed in a wrong category or the transaction is prohibited by law or by this Agreement.
    By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; you cannot authenticate the seller's identity.

  5. Listing and Selling.
    Description of the items offered You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All Dutch auction items must be identical. Except for our fixed price format, at any one time you may not promote identical items in more than ten (10) auction-style listings (whether Dutch or Regular auction-style) on our site.

    All bids are binding
    If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. We can suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site. We will revoke your account if listed items infringe upon the copyright, trademark or other rights of third parties. You also agree not to manipulate the price of any item nor may you interfere with other user's listings or transactions.

  6. Your Information.
    Your Account will be revoked under the following terms: (a) You give false information, inaccurate or misleading; (b) you are fraudulent or you are involved in the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement.

  7. Feedback.
    You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of -3 (minus four), your membership may be suspended, and you may be unable to list or bid.

  8. Cancelation of your account can take place...
    If you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

  9. Privacy.
    We do not sell or rent your personal information to third parties for marketing purposes We understand that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.

  10. No Warranty.
    WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 that vary from state to state.

  11. Liability Limit.
    IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

    OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  12. Indemnity.
    You agree to reimburse and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  13. Legal Compliance.
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

  14. No Agency.
    You and Rennbid are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  15. Arbitration.
    Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Rennbid to collect our fees and/or recover damages for, or obtain an injunction relating to, the Rennbid site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York-County of Kings, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Rennbid may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or Rennbid pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

  16. No Fee Policy
    We offer a FREE listing if you agree not to abuse our system.

  17. Disclosures.
    Rennbid is a division of 9xauto Inc. The correspondens shoud be sent to; 9xauto Inc P.O. Box 387 Garden City NY 11530. You can also telephone 516-294-4150


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Transmitted: 5/11/2008 10:27:33 PM
© 2002 9xauto Inc.