The following describes the terms on which MooBid offers you access to our services.

Introduction
Welcome to MooBid. By using the services available from the domain and sub-domains of www.MooBid.com (the "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with Quintero T. Pitts doing business as MooBid, Inc. and the general principles for the web sites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with Quintero T. Pitts. If you have any questions, please refer to the Help section on the Site.

Before you may become a member of MooBid, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other MooBid branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites.

This Agreement is effective on February 1st, 2007 for current users, and upon acceptance for new users. The previous amendment to this Agreement was effective for all users on August 23rd, 2006.

Using MooBid
While using the Site, you agree that you will not: post content or items in an inappropriate category or areas on the Site; violate any laws, third party rights, or our policies such as the banned & restricted items policies; use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site; fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; manipulate the price of any item or interfere with other user's listings; circumvent or manipulate our fee structure, the billing process, or fees owed to MooBid; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to MooBid); transfer your MooBid account (including feedback) and User ID to another party without our consent; distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm MooBid, or the interests or property of MooBid users; copy, modify, or distribute content from the Site and MooBid's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing MooBid
MooBid works together with law enforcement agencies to keep the site and the MooBid user community safe. Please report problems, offensive content, and policy violations to us.

MooBid's Intellectual Rights Owner (MIRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our MIRO team through our MooBid Intellectual Rights Owner Program and we will investigate.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts and terminate service to any or all users at any time, without notice, refund, or reason.

Fees and Services
Joining MooBid and bidding on listed items is free. We do charge fees for using other services, such as listing items. Our current fee schedule can be found on our fees website, located at http://www.moobid.com/sitefees.php Changes of fees are effective after we provide you with at least thirty days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability
You will not hold MooBid responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, you agree that our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 30 days prior to the action giving rise to the liability, and (b) $100.

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to MooBid by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of MooBid and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

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 MooBid Privacy Policy. We view protection of users' 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 and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the MooBid Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

No Warranty
MooBid, our parent, subsidiaries, employees, and our suppliers provide our services “as is” and without any warranty or condition, expressed, implied, or statutory. We, our parent, subsidiaries, employees, and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. MooBid shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, auction accounts, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service, and local, state, federal, and international law enforcement agencies. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Notices
Except as explicitly stated otherwise, legal notices shall be served on MooBid's national registered agent (in the case of MooBid) or to the email address you provide to MooBid during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes
If a dispute arises between you and MooBid, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MooBid agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Michigan as they apply to agreements entered into and to be performed entirely within Michigan between Michigan residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MooBid must be resolved by a court located in Genessee County, Michigan, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Genessee County, Michigan for the purpose of litigating all such claims or disputes.

Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims
All claims you bring against MooBid must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, MooBid may recover attorneys' fees and costs up to $1000, provided that MooBid has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General
If you reside within the United States, MooBid.com services are offer to you via MooBid Inc., which is located at 1613 Lippincott Blvd. Flint, MI 48503. If you reside outside of the United States and registered on this Site, the services are offered from Quintero T. Pitts, located at the same address as listed above. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

Scope
This privacy policy describes how we handle your personal information for our services available through the www.MooBid.com (the "Site") and applies generally to our subsidiaries and joint venture web sites whose specific privacy policies are available from their respectable pages. Our subsidiaries and joint ventures privacy practices are similar to those described in this Privacy Policy. Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global MooBid trading community. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on August 25th, 2006.

Collection
You can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers located in the United States.

We may collect and store the following personal information: email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers: transactional information based on your activities on the Site (such as bidding, buying, selling, item and content you generate or that relates to your account): shipping, billing and other information you provide to purchase or ship an item: community discussions, chats, dispute resolution, correspondence through the Site, and correspondence sent to us: computer sign-on data, statistics on page views, traffic to and from the Site, and ad data: other information, including IP address and standard web log information: and supplemental information from third parties. (For example, if you incur a debt to MooBid, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law.

As another example, if the information you provide cannot be verified, we may ask you to send us additional information (such as your driver license, credit card statement, and/or a recent utility bill or other information confirming your address), or to answer additional questions online to help verify your information.)

Marketing
We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies (such as demographic data) to improve and personalize our services. If you don't wish to receive marketing communications from us, simply indicate your preference once you sign-in on the Site in My MooBid, similar account status page, or by following the directions within the email.

Useage
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to: provide the services and customer support you request; resolve disputes, collect fees, and troubleshoot problems; prevent potentially prohibited or illegal activities, and enforce our User Agreement; customize, measure, and improve our services and the Site's content and layout; tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and compare information for accuracy, and verify it with third parties.

Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. We may also share your personal information with: members of our corporate family to help detect and prevent potentially illegal acts and provide joint services; (Our corporate affiliates will market only to users who request these services.) service providers under contract who help with our business operations; (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards) other third parties to whom you explicitly ask us to send your information; (or about whom you are otherwise explicitly notified and consent to when using a specific service) law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity; (In such events we will disclose name, city, state, telephone number, email address, User ID history, fraud complaints, and bidding and listing history.)

MooBid MIRO Program
MooBid Intellectual Rights Owner program covers all MooBid participants under our user and confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity; (In such events we will disclose name, street address, city, state, zip code, country, phone number, email, and company name.) and other business entities, should we plan to merge with, or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.) Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Activity Associated with User IDs
Your User ID is displayed throughout the Site and is therefore available to the public. All of your activities on the Site will be traceable to your User ID. Other people can see your bids, items that you have purchased in the past, items for sale, storefronts, feedback, ratings and associated comments, and so on. Notices are sent to other community members regarding suspicious activity and policy violations on the Site and refer to User IDs and specific items. Therefore, if you associate your name with your User ID, the people to whom you have revealed your name to will be able to personally identify your MooBid activities.

Using Information from MooBid
Our Site enables you to share personal and financial information in order to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information in order to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address, and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them. You agree to use user information only for MooBid-transaction-related purposes only and interactions that are not unsolicited commercial messages. Using services offered through MooBid (e.g. escrow, insurance, shipping and fraud complaints).

Cookies
We use "cookies" (small files placed on your hard drive) on certain pages of the Site to help analyze our web page flow, customize our services, measure promotional effectiveness, and promote trust and safety. A few important things you should know about cookies are that: We offer certain features that are only available through the use of cookies. We use cookies to help identify you and maintain your signed-in status. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of the Site. You may encounter cookies from third parties on certain pages of the Site that we do not control. (For example, if you view a web page created by another user, there may be a "cookie" placed by that web page.)

No spam, spyware or spoofing
We and our users do not tolerate spam. Make sure to set your MooBid notification preferences so we communicate to you as you prefer. You are not licensed to add other MooBid users, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent. To report MooBid related spam or spoof emails to MooBid, please forward the email to admin@moobid.com. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We do filter and automatically scan messages before they are sent for viruses and other illegal or prohibited content but do not permanently store email messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer a Friend or other tool), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
Account Protection
Your password is the key to your account. Use unique numbers, letters, and special characters and do not disclose your MooBid password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify MooBid and change your password.

Personal Information
You can see, review and change most of your personal information by logging into the Site. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our MooBid User Agreement, and take other actions otherwise permitted by law.

Security
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers, or sellers on our Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Since MooBid does not control the privacy policies of third parties, you are subject to the privacy policies of those third parties. We encourage you to ask questions before you disclose your personal information to others.

General
We may amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms automatically take effect 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. If your questions are not answered online, you may write to us at:

MooBid, Inc.
1613 Lippincott Blvd.

Flint, Michigan 48503