TotalBoss.com/Auction Site User Agreement

This is a legal agreement between you, the user, and TotalBoss.com/Auction.

Please note that account activation may take up to 24 hours or 1 full business day. New registrants will not be able to bid until your account has been activated.

1. GENERAL USE PROVISIONS
   All persons registering on this site unconditionally accept the following terms and conditions, the general terms and conditions of TotalBoss.com/Auction, plus the specific terms and conditions for each individual auction as posted on this and associated websites. All bidders agree to abide by all such terms and conditions fully and without recourse to the Auctioneer.
2. TOTALBOSS.COM/AUCTION IS A VENUE
   TotalBoss.com/Auction is not an Auctioneer.  Instead, TotalBoss.com/Auction acts as a venue to allow anyone to offer, sell, and buy wholesale raw materials, 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.
   
   This site is provided only as a venue for bidders and auction posters. TotalBoss.com/Auction is not involved in the actual transaction between these parties and assumes no control or liability over any issues that may arise as a result of this transaction.
3. ELIGIBILITY FOR MEMBERSHIP
   Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.  
                                                                                                           
4. INTELLECTUAL PROPERTY
   All materials provided on TotalBoss.com/Auction, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of TotalBoss.com/Auction and/or its Third Party Providers. None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of TotalBoss.com/Auction or the appropriate Third Party Provider. You may not "mirror" any materials contained on this Website on any other server or site without prior written consent from TotalBoss.com/Auction. In order to register on this site you must provide your true name and a valid email address.
5. BIDDING
   Bidding on an item indicates your intent to purchase that item and is considered a legally binding contract between yourself and the seller of the item. Bids cannot be cancelled once they are submitted. Upon receiving notification that you are the winning bidder you are obligated to purchase the item as per the terms of the auction or, in the case of a reverse auction, sell the item.
6. POSTING
   Posting an item in an auction indicates your intent to sell this item to the highest bidder. Items may not be withdrawn without the agreement of TotalBoss.com/Auction. All sales are binding by the terms set forth by the seller in the auction. This intent to sell or purchase is legally binding. Upon completion of the auction it is your responsibility to conclude the sale or purchase with the winning bidder according to the terms of the auction. In order to post an item on this auction site you must agree to the following:
   - Do not inflate the price of your item by bidding on the item yourself.
   - Do not engage in any fraudulent or illegal activity.
   - Do not infringe on any third party copyright, trademark, service mark or patent.
   - Do not spam (send unsolicited email) to users of this site. Spamming will result in immediate termination.
7. FEES
   You agree to pay all fees incurred from your use of this Website. All fees incurred in connection with this Website are non-refundable. Our then-current Fees and Credit Policies are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S Dollars. You are responsible for paying all applicable taxes and for all purchases and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
8. SYSTEM INTEGRITY
   You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the TotalBoss.com/Auction site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.  
                                                                                
9. YOUR INFORMATION
   Your information includes any information you provide to us or other users during the registration, bidding or listing process, in any public message area or through any email feature (defined herein as "Your Information"). With respect to Your Information:

You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Your Information and the sale of your item(s) on TotalBoss.com/Auction: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (f) shall not link directly to or include descriptions of goods or services that: (i) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (ii) are concurrently listed for auction on a web site other than TotalBoss.com/Auction; or (iii) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation.

Solely to enable TotalBoss.com/Auction to use Your 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, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. TotalBoss.com/Auction will only use Your Information in transaction emails.

10. FEEDBACK
    TotalBoss.com/auction provides the opportunity for feedback to promote fairness in dealings with other parties. All feedback is transaction sensitive. Please contact TotalBoss.com/auction after you have obtained all the facts regarding your transaction. Leaving negative feedback to extort another user is strictly prohibited. Feedback and comments made are solely for use with the TotalBoss.com/Auction site auction venue service. Excessive negative feedback may result (at the sole discretion of TotalBoss.com/Auction) in the termination of a Registered User's registration for the TotalBoss.com/Auction site and services. Please email your feedback to Contact Us.

11. DENIAL OF SERVICE
    TotalBoss.com/Auction reserves the right to refuse service to anyone for any reason. This right will be exercised when it becomes evident a user is in some way abusing the system.
12. TERMS OF SERVICE
    This comprises the entire agreement between the User and TotalBoss.com/Auction and supersedes all other agreements. By registering and participating as a user you are indicating your consent to be bound by this agreement, the general terms and conditions of TotalBoss.com/Auction and the specific terms and conditions for each auction as they are posted on the website, online auction sites and other sites and pages associated with TotalBoss.com/Auction. 
13. PRIVACY
    We do not sell or rent your personal information to third parties for marketing purposes without your consent. We view protection of users' privacy as a very important community principle. We understand clearly 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. 
                                                                         
14. DISCLAIMER
    EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY ON AN "AS IS" BASIS. TOTALBOSS.COM/AUCTION HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PRODUCTS/SERVICES ARE SUFFICIENT FOR YOUR PURPOSES. TOTALBOSS.COM/AUCTION DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE PRODUCTS/SERVICES CONTAINED ON THE WEBSITE.
15. LIMITATION OF LIABILITY
    TOTALBOSS.COM/AUCTION SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF PURCHASING OR SELLING ITEMS ON THIS WEBSITE. IN NO EVENT SHALL SITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM TOTALBOSS.COM/AUCTION, EVEN IF TOTALBOSS.COM/AUCTION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD SITE OWNER HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST SITE OWNER, ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS WEBSITE.
16. BID RIGGING
    Agreements among buyers at auctions not to bid against each other for the purpose of purchasing goods at a low and non-competitive prices can be a criminal violation of the federal antitrust laws, punishable by heavy fines and imprisonment.

Section 1 of the Sherman Act (15 U.S.C. § 1) prohibits bid rigging agreements among competitors if they affect or restrain interstate commerce. Upon conviction, individuals are subject to a maximum fine of $250,000 and/or 3 years imprisonment. Corporations are subject to a maximum fine of at least $1 million.

Anyone caught "rigging bids" will be subject to prosecution to the full extent of the law. Furthermore, anyone caught will be permanently banned from future bidding on any and all auctions on TotalBoss.com/Auction.