THIRD PARTY LINKS AND ADVERTISERS.

Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Site or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a republisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS. OUR ONLINE MATCHING SERVICE.
     Eligibility. Areas designated as online auctions or "Matching Services" are available only to persons 18 years and older.
     Nature of Relationship. Our Matching Service may offer certain features that can be used to match buyers and sellers of goods and services. The Matching Service is offered solely as a venue for you and other users to list items offered and to exchange bids or other information about such items. You and other members of this Site are solely responsible for all aspects of such exchange, including the accuracy and legality of such listings and communications exchanged, the selection of trading partners and the performance or non-performance of any resulting agreement. We are not a party to these transactions. We cannot give any assurance that a buyer or seller will perform or pay for any goods or services.
     Fee Schedule. Bidding on specific items in the Matching Service is free. We may charge a fee to list an item for sale and a commission if the item actually sells. We reserve the right to impose new or different fees by posting a new Fee Schedule. New Fee Schedules are effective on the date posted, or such other effective date identified in the Fee Schedule. Listings & Bids. When you upload a listing, make a bid or other communication via the Matching Service, you irrevocably grant our Site the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, create derivative works of, transmit, disseminate, perform and display the listing through the Matching Service and to make such incidental and additional uses as may be needed to operate the Matching Service through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the compilation of listings, bids and communication threads, including your own. Winning Bids. If you are the winning bidder for an item, and unless the item was listed under a "Minimum Bid" or "Reserve Bid" basis, you agree to obtain and pay for the item according to your bid and any terms and conditions contained in the listing. You generally may not retract a bid once made, except in clear cases of clerical error that should be apparent from the bid, changes in item descriptions made after a bid is made or if the other party's identity cannot be authenticated before delivery or payment is due. See the FAQs for more details on bidding procedures.
     Prohibited Behavior on Matching Service. Listings, bids and communications regarding items or participants in the Site may not: (a) contain any information that is knowingly false, misleading or materially inaccurate; (b) infringe any third party intellectual property or privacy rights; (c) offer any item that is counterfeit (unless specifically designated as such); (d) violate any law or regulation (including securities laws, export laws and technology transfer laws); (e) contain any information that is defamatory, harassing or patently offensive; (f) contain any obscene material (including child pornography); (g) upload any virus or other deliberately destructive file or code; (h) make repetitive bids or interfere with normal operations; (i) advertise other web sites, services or match-making services, (j) link to any content or service that violates this Agreement; (k) use any robot or other automatic device to access, copy, retrieve or use any content obtained from the Matching Service (this means you must actually be present at your computer terminal and use the Matching Service manually), (l) use any program or device to meta-search or consolidate listings or bids from our Service with listings or bids from other matching services. WE RESERVE THE RIGHT TO REMOVE ANY LISTING OR COMMUNICATION AND SUSPEND OR TERMINATE ANY MEMBER THAT VIOLATES THE FOREGOING PROVISIONS OR OTHERWISE ENGAGES IN BEHAVIOR THAT WE IN OUR SOLE JUDGMENT CONSIDER TO BE INAPPROPRIATE.
     Taxes. You are responsible for the timely filing of any required returns and the payment of all applicable taxes or levies, including interest and penalties imposed thereon ("Tax Claims") arising from or relating to your use of the Matching Service or any goods or services bought, sold or exchanged as a result of using the Service, and you agree to defend, indemnify and hold our Site harmless from any and all Tax Claims. No Endorsement. We do not review or endorse the truth, accuracy, reliability, integrity or quality of any information posted in the Matching Service, or any goods, services or other things bought, sold or exchanged as a result of such activities.
     Outage Policy on Matching Service. We are not responsible for any outage or disruption in your use of the Matching Service, including any system outages. We reserve the right, but do not assume the obligation, of extending the bidding time for an item as a result of a system outage. Disputes Among Users of Matching Service. Our Site is not a party to any exchange of information or to any subsequent agreement to buy, sell or exchange goods or services resulting from members' participation in the Matching Service. You agree to hold us harmless from and release our Site (including our officers, directors, owners, agents and employees) from any and all liability arising out of any dispute that may result from your use of the Matching Service or any good or service obtained thereby (including any claim for direct, indirect, incidental or consequential damages or attorney fees, even if we are advised of the possibility of such damage, and whether arising in contract, tort or otherwise). This limitation is independent of remedy limits. If you nevertheless try to involve us in a dispute, you will comply with the Governing Law provision of this Agreement and pay our costs and expenses, including reasonable legal fees. California Residents: if you reside in California, you waive the protection of California Civil Code Section 1542, which states: "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."

SYSTEM SECURITY.

We offer secure web pages to collect certain kinds of information from users and we store certain kinds of sensitive information in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Site reduce the likelihood of security problems to a level appropriate to the type of data involved.

OUR PRIVACY POLICY.

Our Privacy Policy for this Site is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on our Site) may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details.

WARRANTIES & LIABILITIES.

Warranty Disclaimer. THIS SITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SITE. THE SITE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES. Limitation of Liability. YOU AGREE THIS SITE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SITE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST POINTS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS. Indemnification. You agree to defend, indemnify and hold harmless the Site and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Site, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement. Limitation of Remedies. You agree that if the Site breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Site. This applies regardless of whether the remedy fails of its essential purpose. Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS. FORCE MAJEURE. The Site is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

NO OUTSIDE CONTACTS.

Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Site operates solely in Arizona (our "Locality"). You are using the Internet as your own agent to access and use our Site from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Site occur solely in our Locality. Our Site does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.

INJUNCTIVE RELIEF. If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF ARIZONA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED JURISDICTION AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you irrevocably accept legal notices and papers by electronic mail at your last known email address (we would also attempt to send you a backup copy by regular mail).

TECHNOLOGY & DATA TRANSFER. Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Site that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement. European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Site is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Site.

U.S. GOVERNMENT RESTRICTED RIGHTS.

To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is inkFrog, inc., a corporation with offices located at PO Box 915 Higley, Az 85236. RELATIONSHIP OF PARTIES. There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Site is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.

RIGHT TO RELY ON INSTRUCTIONS.

The Site may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Site's automated criteria or which is believed by the Site's personnel to be genuine. For any password protected areas, the Site may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Site may assume the latest email addresses and registration information on file with the Site are accurate and current. When programmed to do so, the Site may take prescribed actions in the absence of receiving proper and complete contrary instructions.

CHANGES TO SITE.

We reserve the right to modify, change or discontinue the Site or any feature at any time without notice. You agree that the Site is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Site can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.

TERMINATION.

Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Site, or any feature of this Site, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.