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User Agreement
The text below is our user site agreement. These are the terms and conditions
required for access to our site. This is the sister site to the Fastest Growing Showpig Site In The Nation, www.Championshowpigs.com. Charge set fee of $15.00. Please read completely before deciding to
agree or disagree with these terms.
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USER AGREEMENT.. Very Important
Please Read the terms of which the Showpig Shop will offer access to the online auction. This is the sister site to www.CHAMPIONSHOWPIGS.com “The fastest growing showpig site in the nation”.
This auction only supports Standard and Fixed Price Auctions
This auction should be set for a 3 day auction ONLY.
Welcome to the Showpig Shop User Agreement. Please read this Agreement because it describes the terms and conditions applicable to your use of our services at www.showpigshop.com. If you have any questions, the user can contact admin on www.championshowpigs.com or send us an email at championshowpigs@hotmail.com. We may amend this Agreement at any time by posting the amended terms on our site. This Agreement may not be otherwise amended except in writing signed by you and the Showpig Shop. This agreement should be read in its entirety and will be effective for all registered users.
1. Eligibility of Showpig Shop Users: Our services are available only to individuals who can form legally binding contracts under applicable law, including but not limited to various state and federal agricultural regulations. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Showpig Shop members. If you do not qualify, please do not use our services.
2. Fees and Services: Joining and bidding on items at Showpig Shop is free. Our Fees and Credit policy is available. We may change our Fees and Credits policy and the fees for our service from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events . When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, 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. Showpig Shop is a Venue:
3.1 Online Auctions: We are not involved in the actual transaction between buyers and sellers. The Showpig Shop , does not have any control over the quality, safety or legality of the items offered for this online auction. We are not responsible and cannot ensure that a buyer or seller will actually complete a transaction.
3.2 Auctioneer and Users: The Showpig Shop cannot authenticate any users or auctioneers online so the Showpig Shop is not responsible for the sale transaction that occurs between seller and buyer. It is solely the responsibility of the seller and buyer to communicate with each other before the transaction is finalized in order to verify and finalize any transactions You may also wish to consider using a third party escrow service or services that provide additional user verification.
3.3 Release: Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Showpig Shop as well as www.championshowpigs.com in their entirety from any and all claims, demand 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.
3.4 Control of all information posted on this website: We do not control the information provided by other users which is made available through our system. We recommend that you please use caution with any information released.
4. Bidding and Buying: You are obligated to complete the transaction with the seller if you purchase an item through one of our fixed price formats or are the highest bidder as described below. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. 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, or you cannot authenticate the seller's identity.
5. Listing and Selling:
a. Auction Items: All listed items must be listed in an appropriate category with its appropriate description.
b. Binding Bids: If you receive at least one bid at or above your stated minimum price, you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless an exception is granted by the Buyer or the Showpig Shop
c. Fraud: Without limiting any other remedies, Showpig Shop may 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.
d. Manipulation: Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions.
6. Your Information:
6.1 Definition: "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of your information.
6.2 Restrictions: Your Information (or any items listed):
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of counterfeit or stolen items,
(c) shall not violate any law, statute, ordinance or regulation (including, but not limited to, 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 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;
(f) shall not create liability for us or cause us to lose (in whole or in part) the service of our ISPs or other suppliers; and
(g) shall not link directly or indirectly to or include descriptions of goods or services that
6.3 License : Solely to enable E-petsonline to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other right) you have in Your Information, in any media now known or not currently known, with respect to Your Information. E-petsonline will only use your information in accordance with our Privacy Policy.
6.4 Users agree that all information related to other users of and from Showpig Shop, including but not limited to, user names, addresses, e-mail addresses, phone numbers, processes, functions etc, are proprietary and confidential. It is the property of the Showpig Shop and cannot be used in any manner without the written consent of the Showpig Shop board of directors.
(a) Users shall not, directly or indirectly, use information received from doing business with Showpig Shop to compete with Showpig Shop in the operation of any similar web sites or deal directly with other users and bypass use of the site. Indirect competition shall be deemed to include any position or relationship as a shareholder, partner, officer, agent, employee, or in any other capacity. However, Users retains the right to conduct business privately with Users’ existing customer base, provided that the user provides information and proof of the previous existing relationship to Showpig Shop within 14 days of accepting this user agreement.
(b) Users agree and recognize that if any fees that occur against the Showpig Shop because of breech of contract between auctioneer or user or both will be collected from those members that have breeched contract and not any amount will come from the Showpig Shop
(c) It is further agreed and recognized by the Users that if Showpig Shop is forced to utilize courts for the enforcement of this Covenant, it shall be entitled to receive, in addition to all other relief sought, its reasonable attorney fees and court costs associated with the enforcement thereof.
(d) It is further agreed and recognized by Users that disagreement is for the benefit of not only users but also the Showpig Shop and its sister site www.championshowpigs.com. Therefore, not only shall users be entitled to enforce this agreement but Showpig Shop may jointly or separately, from any other person or entity, enforce this agreement.
7. Accessing and Interference: You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Showpig Shop site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Showpig Shop by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Showpig Shop or the appropriate third party.
8. Breach: Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you
(a) If you breach this agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information you provide to us; or
(c) if we believe that your actions may cause legal liability for you, our users or us.
10. Privacy: Although we collect information to enhance the services we provide to you and to assist you in completing your transaction, we do not sell, rent, or lease any personally identifiable information to any third party. To protect your privacy, we utilize industry standard practices. However, we cannot absolutely guarantee, and you should not expect, that your information will always remain private. The best that we, or anyone else can do, is strive to uphold the highest standards to protect your privacy. We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least (30) days' notice of the changes by posting the changes on our site.
11. No Warranty: WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE 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 have other legal rights that vary from state to state.
12. Liability Limit: IN NO EVENT SHALL WE 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 LIABBILITY OF OUR 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 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR
(B) $100.
Some States do not allow the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. Indemnity: You agree to indemnify 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.
14. Showpig Shop Choice of Laws: This Agreement shall be governed in all respects by the laws of the State of Texas In the event litigation is commenced for any reason, the parties do select jurisdiction in Texas.
15. Service: 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 our control.
16. Standard/Default Terms of Sale. To assist you (Buyer and Seller) in your commercial transaction, you agree the following shall be the standard terms of sale for each transaction. These are default terms only and you can change the terms by a separate written agreement signed by both parties to the transaction.
a. Seller guarantees and warrants that the animal which is the subject of this transaction will free from disease, illness, injury, or parasite for ten (10) days and free from genetic defect for one (1) year, unless otherwise disclosed.
b. No terms should be changed at anytime.
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Transmitted: 5/19/2012 10:54:52 PM |
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