User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE TEMPLE DAILY TELEGRAM OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the user agreement (the "Agreement" or "User Agreement") for The Temple Daily Telegram Online Auction site. This Agreement describes the terms and conditions applicable to your use of our services available under the domain www.tdtebid.com (the "Site"). By using the Site, you expressly agree to the terms and conditions of this Agreement and our Privacy Policy referenced below.

Your user of the Site represents your acceptance and agreement to all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a patron of the Site.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 14 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement is effective upon registration for new registering patrons, and is otherwise effective on July 1, 2007 for all users.

Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended patrons of the Site. If you do not qualify, please do not use our Site. The Temple Daily Telegram reserves the right to disqualify any user at any time, for any reason or no reason.

Further, your account (including feedback) and User ID may not be transferred or sold to another party. If you are registering for or as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Fees and Services.
Bidding on items at the Site is free. We charge fees for listing items for sale through the Site, and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may, at our sole discretion, change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes in advance of services rendered.

The Site is a Venue.
The Site is not an Auctioneer. Although our Site may be commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, 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 Texas Business and Commerce Code § 2-401(b), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

Release.
You release The Temple Daily Telegram (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual, special, incidental and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed: (a) arising out of or in any way connected with disputes with one or more patrons of the Site, or (b) arising out of or in any way connected with technical difficulties with the Site, including Site accessibility through our Internet Service Provider(s).

Information Control.
We do not control the information provided by patrons that is made available through our system. You may find other patrons' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks, and The Temple Daily Telegram is not responsible for the acts or omissions of patrons on the Site.

Bidding and Buying.
As a buyer, you are obligated to complete the transaction with the seller if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the item is listed in a category under the Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement.

By bidding on an item, you agree to be bound by the conditions of sale included in the item's description as long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Texas Business and Commerce Code § 2-401(b). Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; you cannot authenticate the seller's identity; or when the seller does not confirm your purchase.

Listing and Selling.
Listing Description.
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. The Temple Daily Telegram retains the right, in its sole and absolute discretion, to exclude from the Site any item it feels is inappropriate for any reason.
Binding Bids.
If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Fraud.
Without limiting any other remedies, The Temple Daily Telegram may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Manipulation.
Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions. Sellers may not bid on their own items by any means, either individually or through others, by any means or for any reason.

Your Information.
Definition
"Your Information" is defined as any information you provide to us or other patrons in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities.
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography or be adult in nature; (g) contain any viruses, Trojan horses, worms, or other computer programming routines or devices of any description that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than the Site (this does not prevent linking to or advertising an item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) 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. By using the Site, you expressly authorize us to share Your Information with law enforcement agencies, the Internal Revenue Service, or as required by law.

License.
Solely to enable The Temple Daily Telegram to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. The Site will use Your Information only in accordance with our Privacy Policy.

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 The Temple Daily Telegram 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: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) 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 The Temple Daily Telegram and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Feedback.
Integrity.
You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of -4 (minus four), your membership may be suspended, and you may be unable to list or bid.
Export.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by the Site, and that the composite number without the comments does not convey your full user profile.
Import.
We do not provide you the technical ability to import feedback from other websites to the Site because a composite number, without the corresponding feedback, does not reflect your true online reputation within our community.

Breach.
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we use your information only as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information are one of our most important assets. Our current Privacy Policy is available at www.tdtebid.com privacy-policy.html. If you object to your Information being transferred or used in accordance with our Privacy Policy please do not use our services.

No Warranty.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING BY OUR SOLE, JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO AND SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.

YOUR IDEMNITY AS STATED IN THIS PARAGRAPH SHALL COVER AND APPLY TO ALL DAMAGES, INVESTIGATION AND DEFENSE COSTS OF ANY DESCRIPTION (THE "LOSSES"), REGARDLESS OF HOW THE LOSSES ARE CAUSED OR INCURRED, EXPRESSLY INCLUDING LOSSES RESULTING FROM OUR SOLE, JOINT OR CONCURRENT NEGLIGENCE, TORTUOUS ACTS BY US, OR OUR STRICT LIABILITY.

Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency.
You and us, as provider of the Site, are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between us by this Agreement.

Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to The Temple Daily Telegram Attn: Legal Department 10 S. 3rd St., Temple, TX 76503 (in the case of the Site) or to the email address you provide to the Site 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 notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Site during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes.
In the event a dispute arises between you and The Temple Daily Telegram, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and The Temple Daily Telegram agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Binding Arbitration.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or The Temple Daily Telegram may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court - Consent to Venue.
All other Claims will be adjudicated by a court of competent jurisdiction located in Bell County, Texas. You and The Temple Daily Telegram agree to submit to the personal jurisdiction of the courts located within the county of Bell, Texas.

Alternative Dispute Resolution.
Alternatively, The Temple Daily Telegram will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Bell County, Texas or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

Additional Terms.
General.
This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. 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.

THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS. THERE ARE NO UNWRITTEN ORAL AGREEMENTS OF THE PARTIES.

Disclosures.
The services hereunder are offered by The Temple Daily Telegram, located at 10 S. 3rd St., Temple, TX 76503. If you are a Texas resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Disputes between you and The Temple Daily Telegram regarding our services may be reported to Customer Support by going to tdtebid.com/help.php. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Additionally, you may report complaints via the Attorney General's website, or call them at (800) 252-8011.