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Terms & Conditions of Service

Introduction

Welcome to ESJ AUCTIONS INC. The Market Place 9 0ut 10 registered users prefer.  

By using the services on the ESJ AUCTIONS INC, also known as www.esjauction.com, www.esjauctions.com. www.esjauction.net, www.esjauctions.net websites, and hereinafter referred to as the “Sites”, “We”, “Our”, “Us”, you are agreeing to the following terms, including those available by hyperlink, the "Terms of Service" or "User Agreement", with ESJ AUCTIONS INC. For any questions pertaining thereto, please refer to the General Help section on the Sites.

Before you may become a member of ESJ AUCTIONS INC, 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. The agreement that applies on any of our domains and sub domains is always the agreement that appears in the footer of each website.

Using ESJAUCTIONS.COM

While using the Sites, you will not:

·         post content or items in an inappropriate category or areas on the Sites;

·         violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies

·         use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites

·         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 ESJ AUCTIONS INC

·         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 Sites or for using it for purposes unrelated to ESJ AUCTIONS INC

·         transfer your ESJ AUCTIONS INC 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 ESJ AUCTIONS INC or the interests or property of ESJ AUCTIONS INC registered users

·         copy, modify, or distribute content from the Sites and ESJ AUCTIONS INC 's copyrights and trademarks or

·         harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing ESJ AUCTIONS INC.

ESJ AUCTIONS INC and the Community work together to keep the Sites working properly. Please report problems, offensive content, and policy violations to us.

We, ESJ AUCTIONS INC, reserve the right to limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites 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 or accounts that have been inactive for a period of 6 months or more.

Fees and Services

Joining ESJ AUCTIONS INC and bidding on listed items is free. Nevertheless, we do charge reasonable fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. We may choose to temporarily change the fees for our services for promotional events, such as free listing days or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

All fees are quoted in United States of America Dollars, also known as U.S. Dollars, unless stated otherwise. You are responsible for paying all fees and applicable taxes associated with the Sites 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.

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable 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.

Liability

You will not hold ESJ AUCTIONS INC responsible for other users' actions or inactions, including items they post. You hereby acknowledge that we are not a traditional auctioneer. Instead, the Sites are 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 or buy it now 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 Sites 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 Sites. 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, our liability to you or to any third party is limited to the greater of (1) the total fees you paid to us within the six months prior to commencement of the action giving rise to the liability, and (2) twenty five U.S. dollars.

Release

If you have a dispute with one or more users, you hereby release us together with 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 hereby 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 ESJ AUCTIONS INC Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to ESJ AUCTIONS INC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

In addition thereto, 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 from the Sites without the prior expressed written permission of ESJ AUCTIONS INC and the appropriate third party, as applicable

·         interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites or

·         bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

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 for purposes described in the ESJ AUCTIONS INC Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located within the United States of America that are protected by physical and updated 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 ESJ AUCTIONS INC Privacy Policy. If you object to your Information being transferred or used in this way please do not use our online services, simple as that.

Indemnity

You will indemnify and hold us, together with 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, employer and employee or franchiser and franchisee relationship is intended or created by this Agreement.

Legal Notices

Unless stated otherwise, legal notices shall be served on ESJ AUCTIONS INC contact form or to the email address you provide to ESJAUCTIONS.COM during the registration process, in your case. Notice shall be deemed given forty-eight 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 five days after the date of mailing.

Disputes’ Resolution

In the event of any dispute arises between you and ESJ AUCTIONS INC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ESJ AUCTIONS INC 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 by going to the Customer Service page. 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 Nevada as they apply to agreements entered into and to be performed entirely within Nevada between Nevada residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ESJ AUCTIONS INC must be resolved by a court located in Carson City, Nevada, 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 Carson City, Nevada 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 ten thousand dollars 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 provider mutually agreed upon by the parties. The Alternate Dispute Resolution provider and the parties must comply with the following rules: 1) 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; 2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and 3) 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 ESJ AUCTIONS INC 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, ESJ AUCTIONS INC may recover attorneys' fees and costs up to two thousand dollars, provided that ESJ AUCTIONS INC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the said claim.

Please Take Notice:

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 DisputesPlease take further notice that 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. 

ESJ AUCTIONS INC. 1802 N. Carson Street. Suite-212 . Carson City, NV 89701



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