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1.
McNOPOLY.com
User
Agreement
(this
"Agreement")
This
Agreement
describes
the
terms
and
conditions
applicable
to
your
use
of
our
auction
services
at
the
McNOPOLY.com
website.
Throughout
this
Agreement,
you
are
sometimes
identified
generally
as
"User",
and/or
by
the
word
"Buyer",
"Bidder",
or
"Lister",
"Member",
"Seller",
"General
Member",
Premier
Member",
or
"Exchange
Member",
depending
upon
how
you
are
using
our
services
at
particular
times.
We
are
sometimes
identified
as
"Us",
or
by
our
corporate
name
of
McNOPOLY.com
.
Your
registration
to
be
a
user
of
the
site
signifies
your
agreement
to
be
bound
by
these
terms
and
conditions.
McNOPOLY.com
reserves
the
right,
at
its
sole
discretion,
to
change,
modify,
add
or
remove
any
portion
of
these
terms
and
conditions
of
use,
in
whole
or
in
part,
at
any
time.
Any
changes
made
will
be
effective
immediately
upon
posting.
You
agree
to
review
these
terms
and
conditions
of
use
periodically
to
be
aware
of
any
changes.
Your
continued
use
of
the
McNOPOLY.com
website
after
any
changes
to
these
terms
and
conditions
of
use
are
posted
will
be
considered
acceptance
of
the
terms
and
conditions
in
effect
at
that
time.
2.
Eligibility
of
Membership
and
Services.
Our
services
are
only
available
to
adult
individuals
who
can
form
legally
binding
contracts
under
applicable
law.
To
register
as
a
"General
Member",
you
must
provide
us
with
your
legal
name,
and
email
address.
To
register
as
a
"Premier
Member",
you
must
provide
us
with
the
same
information
as
a
General
Member
as
well
your
credit
card
number,
name
on
card,
expiration
date,
billing
address,
city,
Province/State,
country
and
postal/zip
code.
McNOPOLY.com
reserves
the
right
to
refuse
services
to
anyone,
at
any
time
for
any
reason.
3.
Fees.
Becoming
a
McNOPOLY.com
Member
is
free
4.
McNoPoly.com
is
only
a
Facilitator.
Our
site
acts
as
a
facilitator
for
sellers
to
conduct
auctions
for
the
sale
of
their
products
or
services
and
for
bidders
to
bid
on
seller’s
auctions.
McNOPOLY.com
merely
facilitates
the
transaction
by
which
a
Seller
agrees
to
undertake
the
actions
to
contact
the
successful
Bidder
in
the
auction.
We
specifically
disclaim
any
responsibility
over
the
services
or
products,
or,
legality
of
the
terms
advertised.
In
addition,
note
that
there
are
risks
of
dealing
with
foreign
nationals,
underage
persons
or
people
acting
under
false
pretense.
5.
Transaction
Handling.
After
an
auction
concludes
with
an
agreement
for
the
purchase
and
sale
of
a
product/service,
Buyer
and
Seller
are
required
to
close
the
transaction
personally.
6.Limit
of
Liability.
We
do
not
guarantee
continuous,
uninterrupted
or
secure
access
to
our
services,
and
operation
of
our
site
may
be
interfered
with
by
numerous
factors
outside
of
our
control.
In
no
event
shall
we
be
liable
for
lost
profits
or
any
special,
incidental
or
consequential
damages
(However
arising
including,
but
not
limited
to,
negligence).
Information
on
McNOPOLY.com
may
contain
inaccuracies
or
typographical
errors.
We
have
no
liability
to
you
and
or
any
third
parties
in
any
circumstance.If
an
outage
lasting
two
or
more
hours
occurs,
All
the
auctions
that
were
open
during
that
outage
will
be
eligible
for
an
extension
of
24
hours.
An
outage
occurs
when
no
one
can
bid.
At
our
discretion,
McNOPOLY.com
may
consider
two
outages
that
occur
very
closely
to
one
another
to
be
one
outage
when
extending
auctions.
Auctions
that
end
prior
to
an
outage
will
not
be
extended.
7.
No
Liability
for
Statements
Posted
or
Provided
by
Users.
We
cannot
nor
do
we
try
to
control
the
information
provided
by
Users
that
is
made
available
through
our
system.
By
its
very
nature,
other
people's
information
may
be
offensive,
harmful
or
inaccurate,
and
in
some
cases
will
be
mislabeled
or
deceptively
labeled.
We
expect
that
you
will
use
caution
--
and
common
sense
--
when
using
our
site.
We
disclaim
any
responsibility
or
liability
for
claims
of
libel,
slander
or
defamation
arising
from
statements
of
Users
posted
or
otherwise
made
available
through
our
system.
9.
Indemnification.
Users
and
Members
agree
to
defend,
indemnify
and
hold
McNOPOLY.com
harmless
from
and
against
any
and
all
liabilities,
losses,
damages,
costs
and
expenses
including
all
of
the
attorneys
fees
and
court
costs
associated
with
any
claim
or
action
brought
against
McNOPOLY.com
arising
from
the
actions
of
such
Members
and
Users,
including
without
limitation,
for
breach
of
any
warranties
or
representations
contained
herein,
or
infringement
of
any
trademark,
copyright,
or
other
claim
of
any
kind
based
upon
the
sale,
license,
transfer
or
use
of
any
product
or
services
in
accordance
with
this
Agreement,
or
any
other
provision
of
this
Agreement.
10.
Release
of
Liability.
In
the
event
that
you
have
a
dispute
with
a
Buyer
or
Seller,
you
agree
to
release
McNOPOLY.com
management
and
its
employees
and
affiliates
from
any
claims,
demands
and
damages
(actual,
incidental
and/or
consequential)
of
every
kind
and
nature,
known
and
unknown,
suspected
and
unsuspected,
disclosed
and
undisclosed,
arising
out
of
or
in
any
way
connected
with
such
disputes.
11.
Seller
Obligations.
As
a
Requester
when
you
asking
for
a
service,
you
make
a
binding
offer
for
an
auction
sale
that
cannot
be
withdrawn.
Bids
by
Bidders
may
not
be
withdrawn
before
the
close
of
the
auction.
As
a
Bidder,
if
you
have
the
highest
bid
at
the
end
of
the
auction,
you
have
accepted
Requester's
offer.
If
the
foregoing
conditions
have
been
satisfied
and
there
has
been
no
material
breach
of
the
User
Agreement
by
the
party
seeking
to
enforce
such
binding
contract,
there
shall
be
a
binding
contract
exists
between
Buyer
and
Seller
to
complete
the
transaction
as
Buyer
in
accordance
with
this
Agreement
.
IMcNoPoly.com
reserves
the
right
to
collect
commission
on
the
sale.
Such
policy
is
in
place
to
ensure
there
is
no
commission
loss
due
to
immoral
or
illegal
actions
by
the
bidder
of
any
services
or
products.
12.
Restrain
from
Bid
Manipulations.
Requesters
may
not
manipulate
the
auction
price
of
their
posted
requests,
either
by
using
a
shill
(a
secondary
account
or
third
party)
or
by
bidding
themselves.
As
a
Bidder,
you
may
not
engage
in
any
form
of
bid
manipulation
such
as
pulling
other
bidders
to
their
maximum
bid,
then
retracting
the
high
bid,
and
then
re-bidding
at
a
small
increment
above
the
legitimate
high
bidder.
13.
Suspension
of
Auction,
Bid
or
Closing
Transaction.
McNOPOLY.com
reserves
the
right
at
its
discretion
to
halt
or
suspend
any
auction,
bid
or
closing
transaction
at
any
time.
Without
limiting
the
generality
of
the
this
right,
User
agrees
that
McNOPOLY.com
may
halt
any
auction
and/or
closing
transaction
in
progress
in
the
event
that
we
receive
notice
that
would
be
sufficient
in
the
courts
of
the
Canada
to
satisfy
the
burden
of
proof
that
a
purchase,
sale,
transfer,
assignment
constitutes
direct
or
contributory
infringement,
trademark
piracy,
cybersquatting,
or
any
other
violation
of
any
applicable
civil
or
criminal
legislation,
or
of
the
rights
of
any
third
party.
We
may
also
halt
an
auction
and/or
closing
transaction
in
progress.
14.
Change
to
Site
or
Content.
McNOPOLY.com
shall
have
the
right
for
any
reason,
in
its
sole
discretion,
to
terminate,
change,
suspend
or
discontinue
any
aspect
of
the
Site,
including
but
not
limited
to
Content,
features,
or
hours
of
availability.
McNOPOLY.com
may
also
impose
limits
on
certain
features
and
services
or
restrict
your
access
to
parts
or
the
entire
Site
without
notice
or
liability.
15.
Misuse
of
Account.
Without
limiting
any
other
remedies,
McNOPOLY.com
reserves
right
to
suspend
or
terminate
your
account
and
status
as
a
Member
if
you
are
found
(by
conviction,
settlement,
insurance
or
escrow
investigation,
or
otherwise)
to
have
engaged
in
fraudulent
activity
in
connection
with
our
site
or
services.
16.
Information
submitted
to
us
You
are
responsible
for
the
truth
and
accuracy
of
any
information
you
provide
publicly
or
privately
to
us
or
other
Users
during
the
registration,
bidding,
or
listing
or
closing
process,
in
any
public
message
area
(including
but
not
limited
to
chat,
discussion
forms,
and
appraisals)
or
through
any
email
feature
You
are
solely
responsible
for
Your
Information,
and
we
are
merely
a
passive
conduit
for
your
online
distribution
and
publication
of
Your
Information.
However,
we
may
take
any
action
with
respect
to
such
information
we
deem
necessary
or
appropriate
in
our
sole
discretion
if
we
believe
it
may
create
liability
for
us
or
may
cause
us
to
lose
(in
whole
or
in
part)
the
services
of
our
ISPs
or
other
suppliers.
Your
Information:
(a)
shall
not
be
fraudulent;
(b)
shall
not
infringe
any
third
party's
copyright,
patent,
trademark,
trade
secret
or
other
proprietary
rights
or
rights
of
publicity
or
privacy;
(c)
shall
not
violate
any
law,
statute,
ordinance
or
regulation
(including
without
limitation
those
governing
export
control,
consumer
protection,
unfair
competition,
anti-discrimination
or
false
advertising;
(d)
shall
not
be
defamatory,
trade
libelous,
unlawfully
threatening
or
unlawfully
harassing;
(e)
shall
not
be
obscene
or
contain
child
pornography
or,
if
otherwise
harmful
to
minors;
(f)
shall
not
contain
any
viruses,
Trojan
horses,
worms,
time
bombs,
cancel-bots
or
other
computer
programming
routines
that
are
intended
to
damage,
detrimentally
interfere
with,
surreptitiously
intercept
or
expropriate
any
system,
data
or
personal
information;
and
(g)
shall
not
link
directly
or
indirectly
to
any
other
site;
(h)
shall
not
contain
any
item
that,
by
paying
to
us
the
listing
fee
or
the
final
value
fee,
could
cause
us
to
violate
any
applicable
law,
statute,
ordinance
or
regulation.
17.
Right
to
make
Public
Announcements.
Upon
completion
of
a
transaction,
both
buyer
and
seller
grant
McNOPOLY.com
the
right
to
make
public
announcement(s)
via
the
McNOPOLY.com
Website,
Press
Release(s),
or
any
other
appropriate
media.
The
details
of
the
sale
may
include
the
Domain
Name,
Developed
Website
Name,
Business
Name,
Date,
Price,
Buyer
and
Seller
Identities,
Other
details
of
the
transaction
may
be
used
for
whatever
purposes
including,
but
not
limited
to,
advertising
and
promotional
purposes
by
McNOPOLY.com
without
compensation
or
commission
due
to
the
Seller
and/or
Buyer
unless
otherwise
agreed
to,
in
writing,
by
and
between
the
applicable
party
and
McNOPOLY.com
prior
to
the
completion
of
the
transaction.
18.
System
Integrity.
You
will
not
use
any
device,
software
or
routine
to
interfere
or
attempt
to
interfere
with
the
proper
working
of
the
McNoPoly.com
site,
or
any
action
being
conducted
on
our
site.
You
may
not
take
any
action
that
imposes
an
unreasonable
or
disproportionately
large
load
on
our
network
or
servers.
You
will
not
disclose
your
password
to
any
third
parties
to
use
your
password
for
any
unauthorized
purpose.
19.
Restrictions
on
Ratings
and
Feedback.
You
may
not
take
any
actions
that
may
undermine
the
integrity
of
the
system
or
User
voting
or
feedback
system,
such
as:
leaving
positive
feedback
for
yourself
using
secondary
User
IDs
or
third
parties;
leaving
negative
feedback
for
other
Users
using
secondary
accounts
or
third
parties
(feedback
bombing);
or
leaving
negative
feedback
if
a
User
fails
to
perform
some
action
that
is
outside
the
scope
of
the
auction
(feedback
extortion).
For
those
who
violate,
we
may
take
action
so
that
your
membership
will
automatically
suspend,
and
you
will
be
unable
to
list
or
bid
20.
Breach
and
Failure
to
Perform.
McNOPOLY.com
may
immediately
issue
a
warning,
temporarily
suspend,
indefinitely
suspend
or
terminate
your
use
of
our
web
site
or
your
status
as
a
Member,
including
canceling
any
of
your
current
auctions
(listings,
bids,
escrows,
pending
transfers),
if
you
breach
this
Agreement,
or
if
we
are
unable
to
verify
or
authenticate
any
information
you
provide
to
us
21.
No
Warranty.
Use
of
the
McNOPOLY.com
Website
and
services
offered
are
"AS
IS"
and
without
any
warranty
or
condition,
express
or
implied.
We
along
with
our
affiliates
and
suppliers
specifically
disclaim
any
implied
warranties
whatsoever
including
without
limitation,
any
implied
warranties
of
title,
merchantability,
fitness
for
a
particular
purpose
and
non
infringement.
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
jurisdiction
to
jurisdiction.
22.
Links
to
other
Website(s).
McNOPOLY.com
contains
links
and
pointers
to
other
Internet
sites,
affiliate
partners,
strategic
partners
and
sponsors.
Links
to
and
from
any
site
to
other
third
party
sites,
maintained
by
third
parties,
do
not
constitute
an
endorsement
by
McNOPOLY.com
and
affiliates
of
any
third
party
resources
or
their
contents.
You
should
direct
any
concerns
regarding
any
external
link
to
its
site
administrator
or
Webmaster.
23.
General
Compliance
with
Laws.
You
shall
comply
with
all
applicable
laws,
statutes,
ordinances
and
regulations
regarding
your
use
of
our
service
and
your
bidding
on,
listing,
purchase
and
sale
of
Domain
Names.
24.
Arbitration.
Any
controversy
or
claim
arising
out
of
or
relating
to
this
Agreement
shall
be
settled
by
binding
arbitration
in
accordance
with
the
commercial
arbitration
rules
of
the
American
Arbitration
Association.
Any
such
controversy
or
claim
shall
be
arbitrated
on
an
individual
basis,
and
shall
not
be
consolidated
in
any
arbitration
with
any
claim
or
controversy
of
any
other
party.
The
arbitration
shall
be
conducted
in
Hartford,
Connecticut,
USA
and
judgment
on
the
arbitration
award
may
be
entered
into
any
court
having
jurisdiction
thereof.
Either
you
or
McNOPOLY.com
may
seek
any
interim
or
preliminary
relief
from
a
court
of
competent
jurisdiction
in
Hartford,
Connecticut
necessary
to
protect
the
rights
or
property
of
you
or
McNOPOLY.com
pending
the
completion
of
arbitration.
25.
General.
This
Agreement
shall
be
governed
in
all
respects
by
the
laws
of
the
Canada,
together
with
any
applicable
United
States
Federal
Laws.
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.
Headings
are
for
reference
purposes
only
and
in
no
way
define,
limit,
construe
or
describe
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.
This
Agreement
sets
forth
the
entire
understanding
and
agreement
between
us
with
respect
to
the
subject
matter
hereof.
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Transmitted: 11/20/2008 11:04:27 PM
Make it happen! @ McNopoly.com
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