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Sep. 07, 2008

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Terms and Conditions

	Terms, Conditions and User Agreement The Whitetailexchange.com web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms and conditions before joining. If you see or spot a listing, auction, posting or any action by any seller, buyer, member or guest that you feel is violating the general terms and conditions of the Whitetailexchange.com web-site as stated below please let us know by contacting us at Whitetailexchange.com. Whitetailexchange.com may amend this User Agreement at any time by posting the amended terms on our site. Fees and Payment Terms: All fees are in U.S. Dollars unless stated otherwise. The Fee Schedule and Payment Terms may vary in the future and Whitetailexchange.com may in its sole discretion add, delete or change some or all of the Services at any time. The Fee Schedule and Payment Terms in effect on the date of listing the auction shall govern the transaction. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access Whitetailexchange.com's servers. View the "Site Fees" page for exact consignment rates. License. By entering into this User Agreement and listing an item, you grant Whitetailexchange.com a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright and rights of publicity over the material displayed in your listings or bids, in any existing or future media, known or unknown, now or at any later date. Rights To Suspend or Terminate. You agree that the Whitetailexchange.com web-site, in its' own sole discretion, may terminate any auction, bid, seller, buyer, member or any and all use of the Whitetailexchange.com web-site immediately and without reason of any kind or notice of any kind to anyone. This is a partial and incomplete list of reasons Whitetailexchange.com may terminate your membership and continued use of Whitetailexchange.com in any manner. This list is provided for example purposes only and in no way limits Whitetailexchange.com in it's rights' to terminate any auction, bid, seller, buyer, member or any and all use of the Whitetailexchange.com web-site immediately and without reason or notice of any kind. If: (a) We believe that you are not abiding by the general rules of this web-site. (b) You have repeatedly broken a certain term. (c) You have listed a suspicious item. (d) We believe you to be a non paying bidder. (e) Shill bidding in any form or manner. (f) Registering for more than 1 account and/or using more than 1 name in any form or manner. In most, but not all cases when we suspect foul play we will suspend your account/listing while we investigate further. If our investigation is conclusive to the management of Whitetailexchange.com then your account with us will be terminated at the date and time of Whitetailexchange.coms' choosing and without notice of any kind to anyone. Your Conduct. You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items or use of the Whitetailexchange.com web site does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by the use of Whitetailexchange.com by any law, regulation or term or condition of this web site. You must not transmit through the service (Whitetailexchange.com, it's providers or suppliers) any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation or violate any term or condition of this web site. Membership. Membership to the Whitetailexchange.com web-site is only available to those that can form a legally binding contract. The Whitetailexchange.com web-site does not permit minors (under 18) to register as a member to buy or sell. If any member fails to register with their correct age the account will be terminated immediately upon knowledge by Whitetailexchange.com. General Terms. The Whitetailexchange.com web site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. Whitetailexchange.com is not an auction company. Whitetailexchange.com only provides the tools (software/scripting/partial hardware) for Whitetailexchange.com members to conduct auctions. As a result, we have no control over the quality, safety or legality of the items listed or the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence. Whitetailexchange.com shall not be responsible for any items, goods or services sold by its' members, guests or others that may use the Whitetailexchange.com web-site, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. Whitetailexchange.com shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. Whitetailexchange.com assumes no liability for the content of the listings or the actions of it's members. However if you fall victim of a fraudulent transaction we will assist you as much as we can. Auction Guidelines: All guarantees are between buyer and seller. Whitetailexchange.com provides a venue for Sellers to auction their goods to willing Buyers at the highest or most favorable bid. Whitetailexchange.com is not involved in the actual transaction between Sellers and Buyers and is not the agent of either for any purpose. It is the sole responsibility of the seller to collect all payments for goods purchased. Because user authentication on the Internet is difficult, Whitetailexchange.com cannot and does not confirm that each user is who they claim to be. Bidders: As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the seller, you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder (bid manipulation). Sellers: A Seller may "list" any item for auction on the Site unless it is does not fit under a category listed on the main page. Whitetailexchange.com reserves the right to move any items to the appropriate category. Adult items of any kind are not allowed for sale. Whitetailexchange.com reserves the right to remove any item and not issue a refund for violation of these guidelines. Categories will be created, changed or modified at the sole discretion of Whitetailexchange.com. Whitetailexchange.com does not know whether the listing is accurate or if the Seller and Buyer will perform as promised, and Buyers and Sellers use the Site and the Services at their own risk. If you receive one or more bids at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), then you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstance, such as the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the identity of the buyer. Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves. Whitetailexchange.com retains the right to immediately halt any auction, prevent or restrict access to the Site or the Services or take any other action to restrict access to or availability of objectionable material, any unlawful items or any items otherwise prohibited by the procedures and guidelines contained in this User Agreement. Listing Restrictions: Whitetailexchange.com prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell only legal goods and services and you must make sure that what you list for sale on the Whitetailexchange.com web-site is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations. Items prohibited or restricted for posting on Whitetailexchange.com web-site include but are not limited to: Any item that does not fit under a category listed on the main page Academic, Beta or OEM Software Copyright or Trademark-Sensitive Goods Counterfeit or Knock-Off Goods (including currency & stamps) Fireworks, Explosives, & Hazardous Materials Gambling Items Goods Made From Protected Animal/Plant Species Government IDs Hacking/Surveillance/Interception/Descrambling Equipment Human Parts, Bodily Fluids & Human Remains Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances Individual Contracts or Non-Transferable Items Items Subject to Embargo Offensive Material (items that promote hatred, violence, racism, or intolerance) Police-Related Items Prescription/OTC Drugs & Medical Devices Recalled Items Stocks, Bonds & Securities Stolen Property or Items Used For Theft Weapons & Ammunition The sale of alcohol The sale of tobacco products Whitetailexchange.com prohibits the listing of any adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content. Whitetailexchange.com Auctions by employees: Whitetailexchange.com itself may participate in auctions from time to time. When Whitetailexchange.com offers goods for auction, it is no different than any other seller engaged in an auction and will abide by the same procedures and guidelines. In addition, employees of Whitetailexchange.com are permitted to participate in their personal capacity (i.e., not as Whitetailexchange.com employees, representatives or agents) in any of the auctions conducted through this Site. Whitetailexchange.com employees, when participating in any auction in their personal capacity, are subject to this User Agreement. Compliance with Laws: You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, listing, purchasing and selling items. Disputes. Because Whitetailexchange.com is not involved in the actual transaction between Sellers and Buyers and is not the agent of either for any purpose, Whitetailexchange.com will not be involved in resolving any disputes between participants related to or arising out of any transaction. Whitetailexchange.com urges Sellers and Buyers to cooperate with each other to resolve such disputes. BECAUSE Whitetailexchange.com IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE Whitetailexchange.com (AND ITS AGENTS AND EMPLOYEES) 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. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. Whitetailexchange.com MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION. Whitetailexchange.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USER AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. Laws. These Terms and Conditions shall be governed by and constructed in accordance with the laws of Kalamazoo County within the State Of Michigan of the United States Of America and any disputes will be decided only by the Courts of Kalamazoo County within the State Of Michigan of the United States Of America. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US (Whitetailexchange.com & You) AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US (Whitetailexchange.com & You) RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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