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Terms of Use Agreement

AGE RESTRICTION:

YOU MUST BE AT LEAST 13 years old to use Our Websites !!! SORRY, No Exceptions !!!

YOU MUST BE AT LEAST 18 years old to register, buy, sell and/or post content.

Please read this Agreement carefully before accessing the LOAuction.com; GotMart.com; BidMay.com; and Aucshin.com "Our Websites". As a condition to and in consideration of receiving and accessing the above mentioned websitges,  the User "You" agrees to be bound by the terms of this Agreement and/or as amended. Please refer to this Agreement often.

Use of our websites or access thereof shall constitute acceptance of agreement and You to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS Our Websites. If you have any questions about this Agreement, please contact us via e-mail at admin@GotMart.com


LOAuction.com Access Agreement

THIS AGREEMENT "Agreement" is entered into by and between LOAuction.com and any individual, corporation, association, agency, company, or other entity who accesses or uses LOAuction.com (the "User" or "you"). LOAuction.com, which is provided without charge to you, is a World Wide Website on the Internet that is designed to allow users to post news and comments and/or to view news and commments posted by other users or interact with those users. Our Websites are owned and operated by LOAuction.com. Our Webisites contain or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of Our Websites that can be modified by Users, such as posting ads, uploading multimedia files, registering user profiles, and creating News ("Interactive Areas").
LOAuction.com is NOT affiliated with eBay** in any manner whatsoever !!


The Do's and Don'ts of eBay (tm) ** on LOAuction.com websites "Our Websites".  (** See eBay  disclosure below)

Sellers caught Violating any of these rules will have their LOAuction.com accounts suspened and possibly closed.

These actions are prohibited by eBay on LOAuction.com :


1. Do not link or display any eBay feedback or ratings on Our Websites;

2. Do not use any eBay graphics, ebay website contenet or ebay logos or tradmarks of anykind on Our Websites;

3. Do not use any two color scheme on the word "IT" on Our Websites;

4. Do not use any multi-color scheme on the word eBay on Our Websites;

5. Do not use any multi-color scheme on the words bart or bay or Our Websites;

6. Do not sell items that are not yours that are on ebay whatsoever;

7. Do not post any think bad about eBay or any of its affiliates, sellers, buyers or other companies for matter.

__________________________________________

Things you can do concerning your eBay affilliation:

1. If you are an eBay seller then by all means, let people know you sell on eBay too.

2. You can place links for only "your ebay listings and stores" but not other sellers and only if "You" are a registered user with eBay, Inc USA auction service and no other country;

3. You can sell on Our Websites  what you are selling on eBay with a link to that eBay sell listing or your eBay store but, you can NOT do it the other way around. It is illegal to Link from eBay to Our Websites - Please  refrain from doing this kind of linking from eBay.

1. User Rights and Responsibilities

1.1 Accessing Our Websites:

You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access Our Websites and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing Our Websites.


1.2 User Conduct:

You agree to access and use Our Websites only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to:

(i) your use of the Our Websites including, but not limited to, any Interactive Area;

(ii) the use of any networks or other services connected to the Our Websites; and

(iii) the communications means by which you connect your modem, computer, or other equipment to Our Websites 

By accessing Our Websites, you agree that you will not:


(1) restrict or inhibit any other user from using and enjoying the Interactive Features;

(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;

(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

(4) post or transmit any information, software or other material which contains a virus or other harmful component;

(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access Our Websites;

(6) disrupt the normal flow of communication in an Interactive Area;

(7) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; and/or

(8) violate any operating rule, policy or guideline of your Internet access provider or online service.

2. Intellectual Property Rights

2.1 LOAuction.com and Our Website(s) content:

(a) You acknowledge that Content on Our Websites is generally provided by LOAuction.com, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that LOAuction.com permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the LOAuction.com owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.

(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works and trademarks from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may:

(i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content;

(ii) print one copy of each piece of Content;

(iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "Our Websites" and their URL address(es). You acknowledge that Our Websites - LOAuction.com and its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading, printing or sharing Content with or without the owner's permission.

2.2 Content Provided by User:

You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through LOAuction.com only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on Our Websites, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you shall contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to LOAuction.com the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit LOAuction.com to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.


3. Interactive Areas

You acknowledge that Our Websites may include various interactive areas ("Interactive Areas"), including but not limited to news posts and comments. These Interactive Areas allow feedback to Our Websites and real-time interaction between users. You further understand that LOAuction.com does not control the messages, information, or files delivered to such Interactive Areas and that Our Websites may offer you and other Users the capability of creating and managing an Interactive Area.

However, neither LOAuction.com, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that LOAuction.com cannot, and does not intend to, screen communications in advance. Moreover, because LOAuction.com encourages open and candid communication in the Interactive Areas on Our Websites cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. LOAuction.com or its owners and employees are  not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that LOAuction.com has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, LOAuction.com may investigate the allegation and determine at its sole discretion whether to remove or request the User to remove such Questionable Content. LOAuction.com reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to:

(i) violate the then-standard provisions of this Agreement or any other standard, written LOAuction.com policy in effect at that time;

 (ii) be harmful to the rights of any User, LOAuction.com, or other third parties;

(iii) violate applicable law; and/or

(iv) be otherwise objectionable.


4. Termination of Accounts and Content Submitted:

The only right with respect to dissatisfaction with any policies, guidelines, or practices of LOAuction.com in operating Our Websites, or any change in Content, is for you to discontinue accessing LOAuction.com and Our Websites.  LOAuction.com may terminate or temporarily suspend your access to all or any part of Our Websites, without notice, for conduct that LOAuction.com believes is a violation of this Agreement or any policies or guidelines posted by LOAuction.com, or for other conduct which LOAuction.com believes, in its sole discretion, is harmful to LOAuction; Our Websites and/or other Users. LOAuction.com may discontinue operating Our Websites and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access Our Websites, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from Our Websies as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.


5. Links; Disclaimers Of Warranties; and Limitations of Liability

5.1 Links:

You understand that except for Content, products or services expressly available from LOAuction.com and Our Websites, neither LOAuction.com, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from Our Websites. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of Our Websites or controlled by LOAuction.com. GorMart.com neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from Our Websites and/or communications made to or gram Our Website, which are the sole responsibility of such independent third parties and generator of the content, and your use thereof is solely at your own risk. Neither LOAuction.com, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from Our Websites or your inability to access the Internet or any site linked to or from LOAuction.com


5.2 Disclaimer of Warranties.

Please use your best judgment in evaluating all information contained or opinions expressed on Our Websites. When in Doubt, "Get Professional Help" !!!  It is the policy of GotMat.com not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party.

YOU EXPRESSLY AGREE THAT YOUR USE OF LOAuction.COM  IS AT YOUR SOLE RISK. NEITHER LOAuction.COM NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT LOAuction.COM OR ANY INTERNET SITE LINKED TO OR FROM OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBISTES OR ANY INTERNET SITE LINKED TO OR FROM LOAuction.COM AND/OR OUR WEBSITES OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH OUR WEBSITES OR ANY SITE LINKED TO OR FROM OUR WEBSITES. LOAuction.COM AND OUR WEBSITES ARE PROVIDED ON AN "AS IS",  "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.3 Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL LOAuction.COM, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, LOAuction.COM, OR ANY INTERNET SITE LINKED TO OR FROM OUR WESITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL LOAuction.COM,  ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN OUR WEBSITES OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM LOAuction.COM. THE CONTENT WITHIN OUR WEBSITES AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM OUR WEBSITES MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF LOAuction.COM AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. LOAuction.COM AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE LOAuction.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER OR OUR WEBSITES. IF YOU ARE DISSATISFIED WITH ANY LOAuction.COM SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF LOAuction.COM, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LOAuction.COM AND OUR WEBSITES.


6. Indemnity

You agree to indemnify and hold LOAuction.com, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of Our Websites or any Internet site linked to or from Our Websites, or in connection with the transmission of any Content on LOAuction.com and/or Our Websites.


7. Miscellaneous

This Agreement comprises the entire agreement between LOAuction.com and you, and supersedes any prior agreements with respect to the subject matter herein. LOAuction.com may revise this Agreement or any other policy from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on LOAuction.com without prior notice of such modification(s) to this Agreement. You agree to review this Agreement periodically to be aware of and and all such revisions. If any such revision is unacceptable to you, you must discontinue accessing LOAuction.com and Our Websites. Your continued accessing and use of LOAuction.com and Our Websites following any such revision shall conclusively be deemed acceptance of and all such revisions of this Agreemenmt. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of LOAuction.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or IOWA in the United States of Ameica, excluding its conflict of laws rules, and/or upon a written aggreement accepted by both you and LOAuction.com to submit to exclusive jurisdiction of an applicable court of appropriate jurisdiction or binding arbitration for issues that become actions in court. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone else. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from Our Websites have been done strictly for clarification and identification and does not constitute endorsement by LOAuction.com of the products, services or information offered by the owner of such trademark, service mark or link.

8. Attempts to by-pass security on LOAuction.com

Repeated attempts to by-pass "Known" security measures on Our Webistes or any attack on our website system(s) will result in legal action filed in U.S. District Court of  Central Iowa, USA against each offender. Each attack on our system will constitute a new actionable legal action. Please DO NOT try to get around our Security measures. If we must sue, we will seek damages and legal costs and publish any and all Restraining Orders.

Any and ALL questions should be send to:

Rob Cooper

VP or USA Operations GotMart.com at admin@GotMart.com


** eBay is a registered tradename of eBay, INC.