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Auction Registration

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Terms & Conditions
BY REGISTERING TO USE THE SITE AND THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH GLOBAL POWER SUPPLY. IF YOU DO NOT AGREE TO ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR OTHERWISE USE THE SERVICES OR THE SITE. 

1. BIDDING AND PURCHASING 

1.1. Eligibility. You may only use our Services if you are at least 18 years of age, are mentally competent, and can form legally binding contracts under applicable law. 

1.2. Buyer Affirmations in Connection with Bids or Purchases. In using our Site and Services, you agree as follows: 

(a) No contingency to your bid exists other than those stated in the listing at the time of sale. 

(b) You may not retract, amend or modify a bid without prior approval by the Seller. 

(c) You will be financially responsible for any bids placed using your username and password. 

(d) You are capable of removing the property from its location within the required time frame. 

(e) You are a real person or entity, with a verifiable address, telephone number and email address as provided to us. 

(f) You are dealing in good faith and are not attempting to defraud, cheat, or wrong Global Power Supply or any Seller. 

(g) You have inspected every item prior to placing a bid or you waive the need for inspection. 

(h) Except as otherwise stated in writing by the Seller on the Site, you understand that all assets are sold "as is, where is." 


1.3. Accuracy and Nature of Your Information. You agree that Your Information (i) will not be false, inaccurate, or misleading; (ii) will not violate any law, statute, ordinance or regulation; and (iii) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. 

1.4. No Disruption to Our Site or Services. You agree not to attempt any action that may disrupt our Site or our Services. Among other things, you agree that (i) Your Information and all other input on our Site will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other software, devices, files or routines that may damage, interfere with, copy, intercept or expropriate any system, data or personal information; (ii) You will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other vendors; (iii) You will not use our Site to obtain e-mail addresses for bulk e-mail solicitations or otherwise; (iv) You will not reverse engineer any of our Services, programs, or infrastructure; (v) 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 express written permission; and (vi) You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 

1.5. User Password. Upon the approval of your registration, you will select a username and a password. You agree that you are solely responsible for preserving the confidentiality of your username and your password and all activities and charges related to the use of your password, including unauthorized use. You agree not to furnish your username, password or other information to any other party for use of the Site and the Services. You agree to notify Global Power Supply immediately of any unauthorized use of your personal password or username and any other breach of security regarding the Services. 

1.6. Consent to E-Mail Correspondence. You hereby agree that we may send future correspondence to you via electronic mail (e-mail) that notifies you of auction items that we believe may interest you. Any e-mail correspondence to you (i) shall be clearly and conspicuously identified as sent by Global Power Supply; and (ii) shall clearly and conspicuously display a functioning return e-mail address to enable you to reply to Global Power Supply. 

1.7. Electronic Signature. Prospective bidders are notified by this statement that your consent to these terms and conditions by checking the box indicating your agreement to be bound to these terms, meets the requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in Global and National Commerce Act (ESIGN). You may print these terms and conditions, but they are subject to change by us. Changes to the terms and conditions will be effective from the time they are placed on our web site, in the terms and conditions section of the site, or any other section where they may appear. 

2. BUYER UNDERSTANDINGS AND OBLIGATIONS 

In bidding or purchasing items on our Site or otherwise accessing our Site and Services in any way, you represent, warrant and agree to the following: 

2.1. Payment and Shipment. At the close of an auction in which you have a winning bid, you agree to make immediate payment for the total amount due, including shipping costs and all duties and taxes if applicable. As a winning bidder, you also will make immediate arrangements to take delivery of the goods. 

2.2. Deposits. We reserve the right to require an earnest money deposit prior to or during bidding on certain items at our sole discretion. Any such deposits from you will be retained and applied to the pending invoice or to any past due balances owed by you. Any deposits taken from non-winning bidders will be returned. 

2.3. Failure to Complete Purchase. If you fail to complete a purchase of property for which you submitted a winning bid, you agree to any and all of the following remedies: 

(a) you may be required through specific performance to complete the purchase and/or you may be sued for damages; 

(b) your access to our Site and Services may be suspended or terminated; 

(c) we may sell or otherwise dispose of the property and charge all losses and expenses incidental thereto to you; 

(d) any bid deposit will be immediately forfeited and applied against any such losses, expenses, penalties, and fees; and 

(e) if you refuse shipment or delivery upon arrival to the location specified, you will be responsible for the associated shipping charges. 


2.4. Legal Compliance. You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Services. Bidding on an asset with the intent not to complete the transaction or bidding on multiple assets causing disruption to the process and not completing the transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law. 

3. LIABILITY LIMITATIONS AND RELEASES 

3.1. Disclaimer of Warranties. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. GLOBAL POWER SUPPLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. GLOBAL POWER SUPPLY DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. GLOBAL POWER SUPPLY MAKES NO WARRANTY THAT THE LISTED ASSETS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. GLOBAL POWER SUPPLY MAKES NO WARRANTY OF ANY KIND REGARDING ANY LISTED ASSETS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. GLOBAL POWER SUPPLY EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY PARTY OR OTHER USER. 

3.2. Interruption of Service. Global Power Supply is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any bids, auctions, or sales. You understand and acknowledge that the Site and our Services may be unavailable unexpectedly. Global Power Supply shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

(a) any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realize anticipated savings or profits;

(b) any loss of goodwill or reputation; or

(c) any indirect or consequential losses suffered or incurred by a Participant,

arising out of or in connection with the use by, or the inability to use of, the Participant of the Site or the Services, or any other matter under these Terms and Conditions.

3.3. Third Party Links. The Site may contain links to other websites or resources for your convenience in locating related information and services. You acknowledge and agree that Global Power Supply is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Global Power Supply endorses the linked site. You use the links at your own risk. 

4. PRIVACY 

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Global Power Supply Privacy Policy. We view protection of Buyers privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us. For a complete description of how we use and protect your personal information, see the Global Power Supply Privacy Policy. If you object to Your Information being transferred or used in this way please do not use our services. 

5. TERMINATION OR SUSPENSION 

Global Power Supply reserves the right to suspend or terminate your access to our Site and Services for any reason or no reason and without notice. Among other reasons, we may suspend or terminate your access to our Services if (a) you breach any of the provisions of this Agreement; (b) we suspect that you have engaged in fraudulent activity of any kind in connection with our Site; (c) you manipulate the price of any item or interfere with another user's communications or transactions; (d) we are unable to verify or authenticate any information you provide to us; or (e) we believe that your actions may cause legal liability for you, our users or us. 


6. MISCELLANEOUS 

6.1. Changes to Site and Services. Global Power Supply reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of our Site and Services, including, but not limited to, content, auction features, news and information, and product categories without notice. 

6.2. Record Keeping. Global Power Supply cannot guarantee the preservation or maintenance of records relating to historical auction transactions and bidding activity and encourages you to keep individual records and an accounting of all activity conducted through our Site. 

6.3. Notice and Communication. Unless stated otherwise, all notice and communication with you shall be provided by e-mail to the e-mail address provided by you in their registration application or via posting on the Site. Notice shall be deemed to have been provided 24 hours after the e-mail was transmitted by Global Power Supply or the information was posted on the Site. If Global Power Supply receives a message that your e-mail is disconnected or is no longer valid, notice shall be deemed to have been provided 72 hours following the mailing of a letter to your address contained in their registration application. 

6.4. Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this Agreement or any of the matters contemplated hereby is waived. You further agree to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving Global Power Supply. 

6.5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect. 

6.6. Waiver. The failure of Global Power Supply to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision in the future. 

6.7. Trademarks. The Site and Global Power Supply's trade names, domain names and logos found on the Site are trademarks or service marks of Global Power Supply. No display or use of such marks may be made without the express written permission of Global Power Supply.  

6.8. Entire Agreement. This Agreement constitutes the entire agreement between you and Global Power Supply, and supersedes any previous agreements, whether oral or in writing, between you and Global Power Supply. Global Power Supply may, at its sole discretion, remove or change any aspect of this Agreement at any time by providing notice to you. 

6.9. Survival. The warranties, covenants and representations of the parties to this Agreement will survive termination of the Agreement. 

6.10. Headings. Headings are for reference purposes only and in no way affect the interpretation of this Agreement. 

6.11. Oral Statements by Representatives. Any oral statement or representation by any representative of Global Power Supply changing or supplementing this Agreement or any terms of bidding or purchase on the Site, is unauthorized and ineffective and confers no right on you and may not be relied upon by you. No interpretation or purported amendment or change of any provision of this Agreement, including applicable performance requirements, is binding on Global Power Supply unless agreed to, in writing, by Global Power Supply
I have read and agree with the terms and conditions listed above.