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Welcome to the The Bike Auction Website (the "Website"), the revolutionary website for the business-to-business sale of Motorcycle and Motorbike parts.

The services provided by http://www.thebikeauction.com through the Website and the use of the Website are governed by these Terms and Conditions. By accessing or using the Services or the Website or by registering as either a buyer or seller ("Buyer", "Seller" or "Both"), you agree that (1) you have read and familiarized yourself with the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Services and the Website. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website.

Registration and Eligibility.
The Services and the Website are only available to persons with the legal capacity to enter into this Agreement. http://www.thebikeauction.com may, at its sole and absolute discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, refuse to permit a person's (or entity's) continuing use of the Services and the Website for any reason.

Changes to Services, Website and Terms and Conditions.
User acknowledges and agrees that http://www.thebikeauction.com may change, modify, amend, suspend or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to User or to any third party. http://www.thebikeauction.com reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party.

Further, User acknowledges and agrees that http://www.thebikeauction.com may amend any or all of the Terms and Conditions (including fees and transaction rules) at any time, at http://www.thebikeauction.com 's sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments thereto. The Terms and Conditions were last revised on October 1, 2003.

User Content.
http://www.thebikeauction.com is not responsible for the quality, accuracy, reliability, legality or completeness of any User-provided content, including any User Information. User is solely responsible for verifying the quality, accuracy, reliability, legality and competitiveness of all User-provided content, including any User Information. User acknowledges and agrees that http://www.thebikeauction.com has the right, but not the obligation, to monitor User-provided content, including User Information, and to edit, correct or remove any such content that http://www.thebikeauction.com , in its sole discretion, deems objectionable or in violation of this Agreement.

Seller's Conduct.
Seller agrees to be bound by the following:

(a) Placing an asset for sale requires that Seller provide complete and accurate information regarding the asset offered (the "Listing Information"). It is the Seller's responsibility to review the Listing Information prior to its posting on the Website and to immediately notify http://www.thebikeauction.com of any changes necessary to make the Listing Information complete and accurate at the time of its submission, without any misrepresentation of any kind. Seller represents, warrants and covenants that the Listing Information is complete and accurate and actually reflects the quantity, quality, and condition of the offered services. Seller is obligated to update Listing Information to ensure that it is at all times complete and accurate;

(b) Seller represents, warrants and covenants that (1) it has good and marketable legal title to the offered services, (2) it has authority to list the offered services for sale and to sell the offered services, (3) the offering by Seller of any asset on the Website and the payment by Seller of any fees to http://www.thebikeauction.com as specified in this Agreement will not cause http://www.thebikeauction.com to violate any applicable law, statute, ordinance or regulation, and (4) no listed asset infringes or violates (or contains any parts or components which infringe or violate) any third party's copyright, patent, trademark, trade secret or other intellectual property or propriety rights.

(c) Seller agrees to pay all amounts due in connection with the listing of services through the Services and the Website.

(d) Seller agrees to pay to http://www.thebikeauction.com all amounts due to http://www.thebikeauction.com if a successful sale is made to a User, without regard for such User's willingness or ability to perform.

(e) Seller agrees not to contact Users with respect to the sale of services other than those listed through the Services.

(f) Seller agrees to place all sold advertising on the specified Website as set forth in the sale. Seller will not place sold advertising on pop-ups, pop-unders or any other type of console.

(g) All purchases of advertising must be done through http://www.thebikeauction.com . No direct sales are to be done through http://www.thebikeauction.com Auctions.

(h) Advertising banners may not be displayed on auction description. They will be immediately removed and a warning will be given to the seller. Three warnings may result in termination of the sellers account.

Buyer Conduct.
In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions, (2) that it has the capacity to close the transaction, (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and (4) that any bid that it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.

Termination.
http://www.thebikeauction.com expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of http://www.thebikeauction.com , for any reason and without notice.

Disclaimer of Warranties.
THE SERVICES AND THE Website, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE Website, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. http://www.thebikeauction.com DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED MADE AVAILABLE ON OR ACCESSED THROUGH SERVICES OR THE Website, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE Website, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. http://www.thebikeauction.com MAKES NO WARRANTY THAT THE Website OR THE SERVICES WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ANY ASSET POSTED THROUGH THE SERVICES OR THE Website WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OR THE Website, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE Website. http://www.thebikeauction.com MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE Website OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE Website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM http://www.thebikeauction.com OR THROUGH THE SERVICES OR THE Website SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE AGREEMENT. http://www.thebikeauction.com EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.

Trademarks.
http://www.thebikeauction.com , The Bike Auction, and the logos thereof are trademarks or service marks of The Bike Auction. No display or use of such marks may be made without the express written permission of The Bike Auction.