TPX TERMS OF SERVICE AGREEMENT

The TPXonline.com web site is provided to you by TPX. Your use of the Site is subject to the terms of this Agreement and any operating policies that subsequently may be published by TPX.

Before using the Site, you are required to read and accept the following Agreement. If you do not agree, you may not use the Site.

GENERAL INFORMATION

  1. Changes to this Agreement - TPX may change, add to, or remove any portion of this Agreement at any time by posting a new Agreement to the Site. Your continued use of the Site after such changes are posted will constitute your acceptance of such amended Agreement.

  2. TPXonline.com is Only a Venue - The Site exists as a venue for sellers to conduct sales of property, and for buyers to buy such property. TPX is not involved in actual transactions between buyers and sellers. Therefore, TPX has no control over the: quality, safety, legality, or warranty of items advertised; the truth or accuracy of product listings; the sellers' ability to sell, deliver or warranty advertised items; or the buyers' ability to buy items advertised on the Site.

  3. TPX does not qualify buyers or sellers and does not confirm the identity of Users or accept any liability for any potential risks in dealing with Users acting under false pretense. If you have a dispute with another User, you hereby release TPX from and against any and all claims, demands and damages arising in any way connected with such disputes.

GENERAL USER INFORMATION

  1. User Registration - The Site is available only to individuals and businesses that can form legally binding contracts. TPX reserves the right to terminate your use of the Site for any reason at any time, at its sole discretion.

  2. User Information - You hereby agree to provide such accurate information to TPX as may be required during the registration, selling, or buying processes.

  3. Email Address and Password - You are solely responsible for all use of and for protecting the confidentiality of your own email address and password. You may not share your password with any third parties.

  4. User Conduct - You agree that while using the Site you shall not (a) upload or post to the Site any unlawful, threatening, harassing, or profane information or pictures, (b) restrict any other User from enjoying the benefits of the Site, (c) perform conduct that would constitute a criminal offense or give rise to civil liability, or (d) transmit any bulk e-mails (except as permitted by the Site).

GENERAL SELLER INFORMATION

  1. Posted Items - If you post an item to the Site, you are extending an irrevocable offer to sell the Posted Item to a buyer who meets the requirements you specified in the Product Listing Details. You also agree pay to TPX the applicable Commission Fee on any items sold through the Site.

  2. Seller's Warranties - If you post an item to the Site, you represent that: (1) all Product Listing Details you provide shall accurately represent the Posted Item; (2) no Posted Item you provide for sale on the Site shall be fraudulent or illegal; (3) you have the right to sell the Posted Item through the Site; and (4) the payment of any commission TPX for any Posted Item you sell shall not cause TPX to violate any applicable law.

  3. No Price Manipulation - Sales price manipulation of any kind, directly or indirectly is prohibited.

  4. Taxes - You agree that you are solely responsible for the calculation, collection and remittance of any applicable taxes which may be assessed or incurred in connection with your use of the Site.

  5. Auctioned Items - You agree that, during the term of any auction you start on our site, you will not sell any of the products being auctioned other than via fixed price orders, buyer offers or winning bids placed through our site.

GENERAL BUYER INFORMATION

  1. Buyer Conduct - If you use the Site to buy, make an offer or place a bid for a Posted Item, you agree that you may not retract the order or offer unless the Posting Information included a material inaccuracy or misrepresentation, or the Posted Item does not materially comply with the Posting Information.

GENERAL LEGAL INFORMATION

  1. Indemnification - You shall indemnify, defend and hold TPX harmless from and against any and all claims, losses, damages, liabilities, judgments, fees and expenses related to your use of the Site

  2. Dispute Resolution - This Agreement shall be governed by the laws of the State of Georgia. Any controversy involving TPX arising from your use of the Site shall be heard in the appropriate court in Dekalb County, State of Georgia and you irrevocably consent to the jurisdiction of such courts.

  3. The TPX name and logo and the entire contents of this Site are copyright (c) TPX, 2000. All rights reserved. Do not copy, reproduce, or distribute without permission.

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