Ram Auction and Recovery, LLC


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Feb. 22, 2012

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Terms and Conditions

	General Terms and Conditions The terms and conditions of this Bidder’s Agreement (“Agreement”) are applicable to bidders (referred to as “you”) using the services of RamAuction. If we amend this agreement, we will post the new amendment(s) on our site and we reserve the right to amend this agreement at anytime. All amendments are effective immediately unless otherwise stated. By using the RamAuction online auction service, you agree to all the terms hereof 1. Fees and Services: We do not charge a fee for bidding or registering as a bidder on RamAuction. If, however, “You” are the winning bidder on any item and “You” do not purchase said item, RamAuction has the right to assess a service fee equal to 40% of your successful bid price. 2. Eligibility: RamAuction reserves the right to refuse service to any party. Only those who can form legally binding contracts under applicable law may use RamAuction online auction services. Also, if “You” have been barred or suspended by RamAuction at anytime, “You” are no longer eligible to use our services. 3. No Verification – No Authentication: We here at RamAuction cannot authenticate bidders’ and sellers’ identities even though we register them. Registering using false or misleading information with the intent to do harm to the site, sellers, or other buyers will be considered an act of interference with business or interstate commerce under applicable laws. 4. Limited Purpose: RamAuction’s site allows sellers to list items for sale and buyers to bid on them. We are not involved in any transactions between buyers and sellers, and we have no control over the items listed or the truth or accuracy of any listing. We do not confirm the ability of sellers to legally sell items or the ability of the buyers to legally purchase them. We do not guarantee that transactions will be completed. 5. Bidding and Buying: When “You” bid on an item “You” are agreeing to be bound by the rules and conditions of sale for that item and complete the transaction if “You” are the winning bidder. If “You” do not complete the transaction “You” will be assessed a service fee equal to 40% of your successful bid price thereof and may further be subject to a warning or be barred and prohibited from using the RamAuction.com online auction service in the future. These conditions may be listed in the item’s description or linked to from the asset to the terms and conditions. “You” are not obligated to complete a transaction that is unlawful or in violation of this Agreement. Sellers reserve the right to use proxy bidding while an item is under a “Reserve Bid”. 6. Access and Interference: Without our prior express written permission, “You” agree not to use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein. 7. As Is: RamAuction’ website and auction items are sold “As Is” and without any warranty or condition, express, implied or statutory. 8. Legal Compliance: “You” must comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services. When “You” bid on item with no intent to complete the transaction or “You” bid on multiple assets causing disruption to the process, it is considered fraud and “You” may be prosecuted. 9. Release from Liability: RamAuction will not be involved in any transactions between buyers and sellers. By agreeing to this agreement, “You” are saying that “You” release RamAuction , its employees, director, affiliates and any other parties associated with RamAuction from any and all claims. We will not be liable for any damages or lost profits in connection with our website, services or this agreement. 10. Accuracy: RamAuction does in no way accept responsibility for the accuracy of the information provided by users that is made available through our site. 11. Posted Information: “You” agree that all information you provide and post on RamAuction is truthful and accurate to the best of your knowledge; will not be misleading, discriminatory, pornographic, or fraudulent; will not infringe any third party’s copyright, patent, trademark or rights of privacy; will not violate any laws, statute, ordinance or regulation; will not be defamatory, trade libelous or unlawfully harassing; shall not contain any viruses or other computer programs that are harmful or intended to damage data or personal information from RamAuction’s system. 12. Governance: This agreement shall be governed by the laws of the State of Tennessee as such laws are applied to agreements entered into and to be performed entirely within Tennessee and Tennessee residents. 13. Provision of Service: This site is dependant upon several factors outside our control and cannot guarantee its continuous, secure operation. 14. Exclusivity and Confidentiality: This Internet based auction system provided by RamAuction is and will remain the exclusive property of RamAuction. RamAuction retains and reserves all rights to the proprietary property, including, but not limited to, all copyrights and trademarks, of and to the System. 15. Default by Bidder: If “You” fail to purchase an item after “You” are confirmed as the high bidder, we may enforce this agreement and may bring suit against “You” in a court of law to collect any service fee due as under paragraph 1. If we have to retain a collection service or attorney in order to enforce our rights, “You” will be responsible for paying a collection fee, as well as any attorney’s fee and court costs. 16. E-mail Correspondence: By agreeing to this agreement, “You” are giving RamAuction consent to send correspondence to “You” via e-mail that notifies “You” of any items that we feel may be of interest to “You”. These e-mails will be marked clearly as sent from RamAuction.com, shall describe how “You” can cancel this option at any time, and will display a functioning return address to enable “You” to reply to us.
	Check this checkbox if you agree to the terms and conditions above.


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