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	Nov. 08, 2006
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	Terms of Service
	Microscope Auctions Terms and Conditions This agreement between National Microscope Exchange, Inc. and you describes the terms and conditions applicable to your use of the services on the Microscope Auctions website. By clicking “I Accept” below or by using this site, you indicate your acceptance of such terms and conditions. If you are acting on behalf of an organization, you confirm that you have the authority to bind the organization and that the organization will be bound by these terms, and the term “you” shall then refer to you and your organization. Violation of any of these terms may result in termination of your account and of your access to the site. 1. We are only a venue, similar to a newspaper, for sellers to advertise and attract buyers. We are not involved in the actual transaction between sellers and buyers. 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 the sellers to sell items or the ability of the buyers to buy items. We cannot and do not control whether or not sellers complete the sale of items they offer or whether buyers will complete the purchase of items they have bid on. Microscope Auctions does not guarantee that the seller will complete the sale of an item or a buyer will complete the purchase of any item they have bid on. 2. You may use this site only if you are at least 18 years of age. 3. You shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of our service and your bidding on, listing, purchase and sale of items. 4. Sellers agree to pay applicable auction fees. 5. You agree to register under your true name using a valid email address and to provide only truthful information. You grant us the right to publish information that you provide on the “About Me” page and information regarding items that you list for auction. You also grant us the right to publish feedback that you submit and that is submitted about you by third parties. 6. You agree not to compile a list of email addresses of users of this site for any purpose. 7. You agree to refrain from spamming users of this site. 8. You agree to refrain from artificially inflating the price of your item by bidding on the item yourself or with the assistance of other shill bidders. 9. When selling an item, if the final bid is at or above the minimum price, you agree to conclude the sale with the highest bidder within 72 hours and you grant us the right to inform the highest bidder of your contact information. 10. When buying an item in which your bid has met or exceeded the minimum price, you agree to purchase the item within 72 hours of our emailing you notification that you are the high bidder and you grant us the right to inform the seller of your contact information. 11. In the case of tie bids the earliest bid wins. 12. When leaving feedback you will use emotionless statements that stick to the facts. You will refrain from using profanity and untrue statements. You should make every effort to resolve differences before leaving negative feedback. 13. You may not post advertising for any other auction website on this site. 14. You and National Microscope Exchange, Inc. are independent contractors, and no agency, partnership, joint venture, employee/employer or franchisor-franchisee relationship is intended or created by this agreement. 15. 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 of our control. Microscope Auctions and National Microscope Exchange, Inc. are not responsible for damage or loss caused by errors in the system or by interruption of internet traffic and is also not responsible for bids that are unrecorded due to technical difficulties. Therefore you use this site at your own risk. 16. Because user authentication on the Internet is difficult, we cannot and do not confirm that each user is who they claim to be. Therefore, because you must be careful in dealing with other users to avoid fraud, we have established a user initiated feedback system to help you evaluate your trading partner's history. We encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing. If you have any concerns about your trading partner, please consider the use of a third party escrow service or a service that provides additional verification. 17. The listing or sale of any item(s) unrelated to microscopes is strictly prohibited. 18. You may not post on our site or sell through our site any item that by paying to us the listing fee or the final value fee could cause us to violate any applicable law, statute, ordinance or regulation. 19. You agree to abide by all international, national, federal, state, county, city and local laws. 20. DISCLAIMER OF WARRANTY; LIMITATIONS OF LIABILITY a)YOU EXPRESSLY AGREE THAT YOUR USE OF MICROSCOPE AUCTIONS WEBSITE IS AT YOUR SOLE RISK. NEITHER MICROSCOPE AUCTIONS, NATIONAL MICROSCOPE EXCHANGE, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. b)THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. c)THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NATIONAL MICROSCOPE EXCHANGE, INC., ITS AFFILIATES ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. d) IN NO EVENT WILL NATIONAL MICROSCOPE EXCHANGE, INC. OR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE USE OF OR INABILITY TO USE THE MICROSCOPE AUCTIONS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. e)IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER NATIONAL MICROSCOPE EXCHANGE, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED ON THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, MICROSCOPE AUCTIONS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. 21. You hereby indemnify and hold Microscope Auctions and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of any breach of this Agreement or the documents to which it refers, or violation of any law or rights of a third party. 22. Any applicant residing in a jurisdiction with laws, statutes or ordinances that contradict or diminish the rules, spirit and intent of this agreement must terminate their application for membership now, and are hereby barred from the application process and membership is denied. It is the responsibility of the applicant to know the laws, statutes and ordinances in the jurisdiction in which they reside. 23. Microscope Auctions may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, your current auctions, and any other information you may have placed on the site, if you breech this agreement, or if we are unable to verify the falsity of any information you provide to us or if we find that you have committed a fraud. 24. This Agreement shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the extent enforceable. It is agreed that this Agreement may be assigned by National Microscope Exchange, Inc., in its sole discretion, to a third party in the event of a merger or acquisition or in the event of National Microscope Exchange, Inc.’s bankruptcy. You may not assign your rights under this agreement to a third party. Headings are for reference purpose only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach does not waive the right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between parties with respect to the subject matter hereof. Microscope Auctions reserves the right to modify this agreement at any time by posting new terms and conditions in this location.
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