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Terms and Conditions

Online Direct Sales and Auction Terms of Use

Last Updated 07/23/2010

Welcome to the Diversified Asset Solutions’ online direct sales and auction site (the “Site”). Diversified Asset Solutions (referred to as “we”, “us”, “our” or “DAS”) is a certified auction provider based in Olathe, KS. DAS is providing this Site to you, as an individual or as an agent for your company (in either case, “you”, “your”, “buyer”, or “seller” as applicable) as a service to enable you to buy, sell and/or bid on virtually any type of materials or products (collectively, “Items”) for your personal or business use; however, DAS is not involved in the actual sales transaction between buyers and sellers, nor do we have any responsibility for the Items offered for sale, sold, or delivered.

Binding Contract.

These Terms of Use set forth the terms and conditions under which you may use and access this Site. Please review these terms of use carefully. By accessing this Site and/or by checking the box on the Registration Page signifying your acceptance of these terms of use, you agree to these terms of use for yourself and your company. You must be at least age 18 in order to register on this Site and to form a binding contract by accepting these Terms of Use.

Each time you access this site, you are reaffirming your agreement to these terms of use. If you do not agree with these terms of use, are under the age of 18, or do not have legal authority to bind your company, you are not authorized to use this site.

DAS reserves the right to revise these Terms of Use at any time and upon such revisions will revise the “last updated” date at the top of these terms of use. You are responsible for regularly reviewing the current Terms of Use.

  1. Registration. Any person wishing to use the Services as a seller, bidder or buyer must first register as a member. Registration is free. You may become a buyer or seller by supplying all the requisite information to DAS during registration, and by unconditionally accepting these Terms of Use by clicking the appropriate box as indicated at the end of the registration process. Once you have registered with our Site, you will have unlimited access to both direct online sales and online bidding opportunities, and to place your own Items for direct or auction sale (each a “Service” and collectively, the “Services”).

  2. Account, Password and Security. You represent that all information provided to DAS during registration is true and accurate and that you are the individual identified in such information. When registering, you agree that your User ID is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way. In the event any such information changes after it is provided to DAS, you agree to update your online information the next time you access the Site. You agree (a) to maintain the confidentiality of your username and password, and (b) that you are fully responsible for any and all activities that occur under your username. You further agree to (i) immediately notify DAS of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Without limiting any other provisions of these Terms of Use, DAS will not be liable for any loss or damage arising from your failure to comply with this Section 2, and you agree that DAS will not be liable for any loss that you may incur as a result of someone else using your username, either with or without your knowledge. You agree not to use anyone else's username at any time.

  3. Changes to Site. DAS may modify, suspend, discontinue or restrict the use of all or any portion of the Site or the Services at any time for any reason and without notice or liability. Without limiting the foregoing, DAS reserves the right, with or without notice to you, to change any of the Services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, vendors and/or other Services.

  4. Limited Use. Subject to these Terms of Use, you are authorized to access and use the Site and the Services offered through the Site (a) for the purposes of offering, as a seller, your Items for bid or direct purchase, (b) for participating, as a buyer, in the direct purchase of a seller’s Items or bidding in an online auction, and (c) at the sole discretion of DAS.

  5. Fees and Payments. You may access our Site to view Items offered for sale, and you may bid on auction Items or make direct offers at no additional charge. However, certain listing fees and transaction fees (“Fees”) will apply to all Items listed for sale (including direct, auction and consignment) and to buyers who are final purchasers of Items both through direct sale offers and as winning bidders in an online auction. Fees apply without exception to all buyers and sellers who complete a transaction through our Site. Payment terms applicable to such Fees are clearly set forth on the “Fee Schedule” page of our Site. Method of payment may include, at our sole discretion, credit card, wire transfer, money order, or such other payment method we may approve as set forth on the Fee Schedule, as may be updated from time to time. The Fee Schedule will be visible to you upon completion of your initial registration. You may choose, based on the Fee Schedule offered, to what extent you wish to offer to sell or to purchase Items through our Site. You must affirmatively consent (by clicking your acceptance where indicated on the Fee Schedule page) to the amount of Fees applicable to your transaction, the approved method of payment, and the payment due date prior to participating on our Site as a buyer, seller or consigner. Fees will be due and payable on the date indicated on the Fee Schedule page, provided, that all buyer Fees must clear the appropriate banks prior to shipment of any Items to that buyer.

  6. Consignment. You may submit to us for sale on your behalf as your agent for consignment, an Item that meets the criteria set forth in these Terms of Use. If you designate us as your agent, you will be asked to sign a separate Consignment Agreement, to which these Terms of Use are incorporated, and which contains terms and conditions relevant to our consignment of the Items and our sale of the Items on our Site. All consigned Items must be stored by you, and shipped by you to the winning bidder in accordance with the terms of the Consignment Agreement. Upon execution of the Consignment Agreement, you will be asked to complete a listing form, including digital pictures and written descriptions of your Items. Each Item submitted for consignment is subject to a consignment fee and a fee reflecting a percentage of the total sale price (collectively, “Consignment Fees”). Consignment Fees will be disclosed in your Consignment Agreement and must be agreed upon by you in writing in order for DAS to list your Item. We reserve the right to relocate within the Site or within different categories Items you submit, and to edit to exclude or remove such Items from a live auction or direct sale listing. Upon a completed sale, DAS will submit to you a Release for signature, as described in the Consignment Agreement. DAS shall not be obligated to remit payment to you until all Fees owed by the winning bidder have been remitted to DAS, and DAS receives a Release in an original form executed by you. Payment for consigned Items will reflect the total sale price of the Item, less the Consignment Fees which are withheld by DAS.

  7. Termination. DAS reserves the right, in its sole and absolution discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason). You agree that in the event your authorization to access the Site is terminated or suspended, you will not thereafter access, or attempt to access the Site, directly or indirectly unless and until the suspension has been removed and DAS gives you express notice thereof. You may terminate your registration by simply ceasing use of the Site. If either you or we terminate your access to or use of the Site, you must abide in full with any payment obligations incurred prior to the termination date, including all amounts owed to us and/or to any seller from whom you have agreed to purchase Items directly or have obtained the winning online auction bid.

  8. Buyer and Seller Conduct, Obligations, and Representations.

(a) Internet Access. You are responsible for providing all communication lines, telephone/transmission services and all equipment and technology necessary for you to access and use the Site.

(b) Compliance with Laws. You are responsible for ensuring that your participation in the Services does not violate any applicable laws or regulations. You warrant and represent that (i) you have all necessary ownership and legal rights to sell or buy the relevant Item without restriction or prohibition by regulation or contract, (ii) you are not offering for sale or bid any Item that is illegal, contains hazardous materials, or which requires a license to buy or sell (including, without limitation, firearms, alcohol or pharmaceutical drugs) or which requires you to obtain an export license, and (iii) you will not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

(c) Content of Transmissions. You are solely responsible for the contents of any transmissions you make through your use of the Site and the Services thereon. You will not transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or any content that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. You are strictly prohibited from sending any transmissions through our Site that are subject to the Can Spam Act of 2005.

  1. Buyer Obligations. If you are offering to purchase an Item through a direct sale offering, you must provide the seller with a purchase order and a fixed price bid for that Item. If you are a bidder during a live auction, and have been notified that your bid has been successful at the end of the auction, or a direct seller has accepted your purchase order and fixed price, you must complete the transaction in the manner specified by the seller, unless one of the exceptions below applies. By making a bid or other offer to purchase, you warrant and represent to the seller that you have the legal right to enter into and complete the transaction. You hereby further warrant and represent that you have ownership of, or have arranged third party funding of, all necessary monies, including Fees, and shipping and handling charges charged by seller, that are needed to fund any and all Bids made through live auction and purchase orders. You may not retract a submitted Bid unless you, the buyer, have a good faith and reasonable belief that the seller has acted fraudulently, a significant drop in the seller’s ratings occurs after a bid has been placed, or the buyer and seller agree to delay consummation of the transaction. Each winning buyer (as a bidder or direct sale buyer) shall pay to DAS the final sale price due for the purchased Item(s) as well as the applicable Fees due to DAS in connection with the sale. Upon DAS’ receipt of such funds, DAS will (i) instruct seller to ship the purchased Items to the buyer in accordance with the shipping method determined by the buyer, (ii) release the final sale price to the seller provided that DAS has received from seller an original executed seller’s Release, and (iii) retain the applicable Fees. Buyer shall bear the cost of shipping, handling and insurance unless otherwise agreed by seller in a separate agreement between buyer and seller.

  2. Seller/Listing Rules. In order to place an Item listing on the Site, sellers may upload to the Site text descriptions, pictures and/or graphic images of the Item(s) and/or links to the seller’s website page containing the text, picture(s) and graphics describing the Item(s). Item listings must be placed in their appropriate category. DAS reserves the right, in its sole discretion, to move or remove listings, and will not post any listing until payment of all Fees has been made and cleared by the appropriate banks. By listing an Item you are agreeing to pay DAS all applicable Fees. If a seller receives one or more bids at or above its established Item sale price, then the seller is obligated to complete the transaction. You may not contact bidders in a current auction being conducted by another seller, to interfere with or compete against that seller. All seller-supplied text, graphics and images posted on our Site become the property of DAS. We do not guarantee the preservation of any listing or records, including without limiting those of specific transactions. Sellers must ensure that the Item being offered for sale is accurately described and available in sufficient quantity. By listing an Item, you are making an irrevocable offer to sell at or above your start price to the winning bidder, unless you have a good faith and reasonable belief that the buyer has acted fraudulently, in bad faith, or provided false information, or the buyer fails to meet the terms of payment as stipulated by you in your listing. Sellers may charge buyers for shipping, handling and insurance. Seller hereby warrants and represents that all Items offered for sale on this Site are free and clear of all liens, claims, security interests, encumbrances, and/or defects of title of whatever nature or description and that such Products may be sold and transferred without restriction of any kind to the winning bidder or direct purchaser.

  3. Integrity of Site and Restrictions. You agree not to access or use the Site in any manner that is prohibited by these Terms of Use or in a manner that is otherwise unlawful. Subject to the foregoing and without limiting the generality thereof, you agree that you will access and use the Site solely by live human request and not programmatically by macro, robot, or other automated means, and that you will not, directly or indirectly, (a) modify, copy, distribute (including via electronic mail), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, data, Items or Services obtained from the Site unless expressly authorized by these Terms of Use or by DAS in writing, (b) access or use the Site through, or in connection with, any software product other than the customary Web browsers (such as Microsoft Internet Explorer and Netscape Navigator), (c) use any software tools, procedures or instructions (other than customary Web browsers), automatic devices or automated processes, or manual process to monitor or access data or content provided through the Site, (d) otherwise “meta-search” the Site, or send, or cause to be sent, any automated queries of any sort to the Site, (e) use any device, hardware or software to bypass any security system on the Site, (f) disrupt or attempt to disrupt the proper or usual working of the Site, (g) use the Site in any manner that could damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with any other user’s use and enjoyment of the Site, (h) take any action that may cause, or that actually causes, an unreasonable or disproportionately large load on DAS' computers, network or other resources, (i) distribute any software or instructions that could be used to breach any of these the Terms of Use, (j) attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site or otherwise operated by DAS through hacking, password mining or any other means, (k) access, or attempt to access, information other than the information DAS intends to make available to you, and/or (l) alter or remove any trademark, copyright and/or any other notice contained in any information obtained from the Site.

  4. Disclaimer of Obligations, User and Item Information, Warranties. DAS is providing a buy/sell/auction Service only. We are not involved in the actual sales transaction between buyers and sellers and have no obligations to you other than to provide the Services as described and in a commercially practicable and reasonable manner.

We cannot, nor are we obligated to, control whether or not sellers will complete the sale of Items they offer or buyers will complete the purchases of items on which they have bid. We do not monitor, nor are we obligated to monitor, the accuracy and truthfulness of the information provided during the registration process, the Item listing process, or any feedback provided with respect to buyers or sellers. We cannot warrant the truth or accuracy of listings, images, the ability of users to bid, buy or sell, or the ability of users to complete any transactions initiated by using our Site. Accordingly, we have no control over the quality, safety or legality of the Items described or listed for sale, the truth or accuracy of the listings, the ability of sellers to sell Items or the ability of buyers to buy Items.

DAS is not responsible for, and disclaims all liability for, the quality, safety or usefulness of any Items sold through our Site, for any damage to Items during transit, and for misrepresentations and/or breaches of contract by either buyer and/or seller. DAS shall not be responsible for, and disclaims all liability for, the cost of procurement of substitute Items or any losses resulting form any Items purchased or obtained.

Because DAS cannot and will not be involved in buyer/seller disputes, in the event of any dispute with one or more Site users, you acknowledge and agree that such disputes are solely between the parties to the sale, and that in no event shall DAS by joined as a party to such dispute or involved in any manner in a legal action. Therefore, you hereby release and forever discharge DAS, our agents, employees, successors and assigns, from any and all claims, demands and damages (actual and consequential) of every form and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected with such disputes.

  1. Rights and Remedies of DAS. We reserve the right to immediately terminate use of the Site and an account by any user if we discover that user has (a) provided false, inaccurate or misleading registration information (including underage persons or people acting under false pretense) or information that we cannot verify, (b) provided false inaccurate or misleading Item descriptions, (c) listed feedback or content that is false, defamatory, or in violation of any of these Terms of Use, (d) listed an Item of a type prohibited under these Terms of Use, or (d) breached any of these Terms of Use. Furthermore, DAS shall have the absolute right to reject or remove any information posted by you to the Site, without notice or compensation to you, if we reasonably believe that such information would result in liability of DAS to third parties or the breach of any law or regulations of any competent jurisdiction or rights of third parties.

  2. Disclaimer of Site and Services. This Site is being hosted on a third party provider’s server. DAS does not warrant or provide any guarantees that any of the Services offered through the Site or the Items you may purchase will meet your requirements, or that the Services or Site will be uninterrupted, timely, secure, or error free. We do not make any warranty as to the results that may be obtained from the use of any of the Services or as to the accuracy or reliability of any information provided by sellers or buyers that are obtained through the Service. Operation of the Site may be interfered with by numerous factors outside of DAS’ reasonable control.

Your use of the site and the Services is at the your own discretion and risk. You acknowledge and agree that the Site, the content (including Item descriptions), and the Services are provided on an “as is”, “as available” basis and without warranty of any kind, either express or implied, and DAS hereby expressly disclaims any and all warranties and representations, whether express or implied, oral or written, including, without limitation, any and all implied warranties of merchantability, reasonable care, security, quality, timeliness, availability, completeness, reliability, accuracy, fitness for a particular purpose, title and/or non-infringement in respect of the site (including, without limitation, all content thereon). No oral advice or written information given by a DAS employee or its agents shall create a warranty. You shall be solely responsible for any damage or loss of data that results from the downloading or use of the information. DAS makes no representations or warranties as to the accuracy, quality, security, suitability, reasonable care, timeliness, availability, truthfulness, or completeness of the information posted with resepct to any Items offered for bid or sale, or other materials available through the site.

  1. Limitation of Liability and Sole Remedy. Except where prohibited by law, in no event will DAS or its affiliates be liable to you or to any third party for (a) any damages of any nature whatsoever resulting from, or related to, the loss, delay or inability to use the Site (including, without limitation, use or accuracy of any information posted to the Site), the loss of any personal data through the Site, or damages caused by any Item bought or sold through the Site, and/or (b) any indirect, consequential, special, incidental or punitive damages whatsoever including, without limitation, damages for loss of profits arising out of or in any way connected with these Terms of Use or the use or performance of the Site, content, or Services in each of (a) and (b) above whether based in contract, tort, negligence, strict liability or otherwise and even if DAS and its affiliates have been advised of the possibility of such damages.

Some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, and the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, your sole and exclusive remedy is to discontinue using the Site. The foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy. These limitations apply among other things to any third-party claims against DAS. The provisions of Sections 12 through 15 represent a reasonable allocation of the risks under these Terms of Use. DAS' willingness to allow you to access and use the Site reflects this allocation of risk and the limitations of liability specified herein.

  1. Third Party Content. The Site may contain hyperlinks to other Web sites and Internet resources operated by parties other than DAS (“Linked Sites”). Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by DAS or any of its affiliates of any third party resources or their contents. DAS has no control over any Linked Sites. Any such hyperlinks are provided for your reference only and are included on an “as is” basis. You acknowledge and agree that DAS is not responsible for the availability of Linked Sites and does not endorse and is not responsible or liable for any content, advertising, products, privacy policies, or other materials on or available from such Linked Sites. You further acknowledge and agree that DAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Site. When you visit a Linked Site, you will no longer be protected by DAS' privacy statement or security practices. The data collection, use and protection practices of the Linked Site may differ from the practices of DAS. You are responsible for viewing and abiding by the privacy statements and terms posted at the Linked Sites.

  2. Indemnification. You agree to indemnify and hold DAS, its parents, subsidiaries, and affiliates and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, judgments, demands, and fees and expenses (including, without limitation, reasonable attorney's fees) asserted by any third party due to or arising out of (a) your breach of these Terms of Use (including without limitation, any breach of any of your representations, warranties and covenants contained herein), (b) your access to, use of, or conduct on the Site or use of the Service, and/or (c) the violation of any rights of another resulting from or relating to your use of the Site or the Service.

  3. Web Site Intellectual Property. All materials contained on the Site are protected by copyright, and are owned or controlled by DAS. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The content of the Site is available for your use of the Services described in these Terms of Use or otherwise made available by DAS through the Site. You agree to comply with any restrictions contained in any content on the Site. Copying, storing, or downloading of any content, for purposes other than for your use of the offered Services is strictly prohibited without the prior written permission from DAS. In no event may you redistribute any content made available to you through the Site without the prior written permission from DAS. By submitting content to the Site (including Item descriptions, photos, and any other content), (a) you grant DAS and its affiliates a nonexclusive, perpetual, worldwide and irrevocable license to use the content in any manner relating to the Services, and (b) represent and warrant that you own or otherwise control all of the rights to the content you provide through the Site, and DAS’ and its affiliates’ exercise of the foregoing rights and/or licenses with respect to the content will not infringe or violate the rights of any third party.

  4. Intellectual Property Notices. All contents of the Site are: Copyright ©2009 - 20____ Diversified Asset Solutions, LLC. All rights reserved. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, text or image from the Site may be copied or retransmitted unless expressly permitted under these Terms of Use or by DAS in writing. DAS Services referenced in the Site may be trademarks or service marks of DAS in the United States and/or other countries. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Trademarks and service marks designated with the symbol “®” are registered with the U.S. Patent and Trademark Office, and may also be registered with numerous foreign countries.

  5. General. These Terms of Use contain the full understanding of the parties with respect to your use and access of the Site and the Services and supersede all prior agreements and understandings, both written and oral, with respect to such use and access of the Site and Services; provided, however, that there may be additional written terms and conditions that govern your use of specific areas of the Site and/or your submission of materials and Items for sale through certain portions of the Site. Such additional terms and conditions, if any, will be specified in the Site or by separate consignment agreement. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the parties' original intentions, and the remainder of these Terms of Use shall remain in full force and effect. Headings of articles and sections in these Terms of Use are for the convenience of the parties only. Accordingly, they shall not constitute a part of these Terms of Use when interpreting or enforcing these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DAS as a result of these Terms of Use or access and/or use of the Site and the Services. The failure of DAS to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Site and these Terms of Use are governed by the laws of the State of Kansas without respect of its conflict of laws provisions. DAS may provide notice to you relating to the Site and/or these Terms of Use by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.

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