User Agreement
You must Agree to all terms and conditions before registering to DG Auction
Use of the DG Auction's web site and the services we offer constitutes
your acceptance of all terms and conditions stated in the below User Agreement.
DG Auction's 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 of Membership / Registration
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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 DG Auction's with true and correct information as required on the
DG Auction's registration form. If the information you provide is found to
be false or non-verifiable, we may suspend or terminate your registration and
account.
2. DG Auction's serves only as a Venue
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DG Auction's 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 DG Auction's possess, hold, or offer any merchandise for sale or
auction, nor are we involved in any part of the actual transaction. DG Auction's
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 DG Auction's, for which they intend on placing a bid, before
placing such bid. DG Auction's 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.
3. User Verification
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Because of difficulties involved with verification over the Internet, DG Auction's
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
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Because DG Auction's has no involvement in transactions between users we
can not get involved in disputes between users. You hereby release DG Auction's
(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 DG Auction's
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Review the listing policy for more information
6. Placing Bids
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By placing a bid on an item(s) listed on DG Auction's, 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:
a) The seller has made material changes to the description of the item after
your bid was placed.
b) The seller has made a typographical error in the description of the item.
c) You have contacted the seller and received their express permission to
withdraw your bid.
Bidders may not engage in the following activity:
a) 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.
b) Placing bids for the purpose of exposing the sellers reserve price, then
retract your bid and bid again later with a secondary User ID.
c) 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 DG Auction's, any
questions you may have regarding the sale of, or condition of the item before
placing your bid.
d) 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 and Charges
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The listing fee for posting an item on DG Auction's is 100% FREE. There is
however, a minimal charge for other auction posting features such as featured
item listings, attention grabbers, bold listings, etc., should you wish to use
them. There will also be a final value fee imposed on all items sold (please see
the "Auction Fees" page). This amount will be automatically debited to your
account and you will be sent an invoice monthly via email showing your account
status. A negative balance indicates money owed on your account. A positive
balance indicates credit available to you for posting items for auction and our
other services. We will extend a floating credit to you up to $100.00, at which
time we will send you an invoice via email requesting payment. Should this
payment not be made, your account will be suspended until payment is received,
and posted to your account. Payments can be made through PayPal, directly from
your "Account Manager", which is our preferred method, or if you so desire, you
can send a check or money order to the address listed in your "Account Manager".
Please realize however, that this method of payment may delay your being able to
continue posting auctions until your payment is received, processed, and posted
to your account.
A great way to pay off your seller's bill is by utilizing our "Affiliate and
Registration Credit" programs. Any credits you receive through this programs
will be immediately deducted from your account balance, however, these credits
have a ZERO cash value, and cannot be refunded as cash. You may also wish to
make a payment ABOVE your amount owed, which you may do at any time, and the
amount will show up as a "positive" amount in your account
8. Personal Information
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Personal information is the information that you provide to DG Auction's 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.
DG Auction has strict policies relating to members' contact information:
- DG Auction members can't misrepresent their identities.
- DG Auction members must always provide valid and complete contact information.
- For everyone's safety, members are never permitted to publish the contact
information of other members in an online public area.
- Every DG Auction membership must always have a valid email address.
9. Your Password
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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 Lobbies
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DG Auction's provides public forums (herein referred to as "Lobbies"), in
which registered members may post messages and enjoy interacting with other
registered members. These lobbies are provided as a courtesy to the DG Auction's
community. DG Auction's is not responsible for the content posted in the
Lobbies 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 DG Auction's 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.
- Posts that disclose personally identifiable information about another
registered member.
- Posts that are disruptive in nature, harass or threaten another member or
DG Auction's staff member.
Additional guidelines may be posted, and amended, regarding the use of our
chat lobbies.
11. Stability
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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 DG Auction's 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
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DG Auction's 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.
DG Auction's 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
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DG Auction's 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
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All notices given between both parties (You and DG Auction's) 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. Limitation of Liability - Non Warranty
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IN NO EVENT SHALL DG Auction's (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.
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
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You agree to indemnify and hold harmless DG Auction's, 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 DG Auction's, 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
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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.
18. No Partnership / Agency
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You and DG Auction's 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
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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
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This Agreement and the terms and conditions herein, shall be governed by the
laws of the State of California. You further submit to the legal jurisdiction of
the state of California 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 San Diego, California, or a court within the jurisdiction of the
state of California.
21. Disclosure
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The services herein are offered by DG Auction's. Any Inquiries can be made
to the following address:
Legal Department
P.O. Box 2101
National City, CA 91951-2101
