General Info & User Agreement for Dentalauction.com, Inc.
Dentalauction.com is the first and only dental Website created by Dental Professionals to assist and help other Dental Professionals Worldwide in buying/selling their new/used Dental and Lab equipment, Instruments and Supplies.

You can sell your new/used dental products to generate CA$H or you can buy an item at a great reduced price or both.

Sellers & Buyers:

Dentalauction.com is a Safe Marketplace for Dentists, Hygienists, Dental students and Lab technicians Worldwide. We provide the marketplace for dental professionals to place all of the items that they are no longer using on our website. If you are like most other dental professionals, you have more than a few dental and lab instruments, equipment and other supplies that are just sitting around at your office or home and you are no longer using them which mean taking space from you and possibly going out of style or even expire. Why not turn them into hard cash when you can have them all listed at our site. Other dental professionals from around the globe will be able to review the listings. Once they come across an item that they need they will place a bid for it and the highest bid wins that auction. It's very easy to use our website. It's fully computerized so once set up is complete, it does all the work for you. You can do all this with minimum knowledge of internet and e-mail. To start you have to register as a user. This is basically a few simple questions about you so we have your general information at our database in case we need to contact you. Once a member, you can start listing all your items one at a time and If you have more than one of the same item, you can enter the amount of that item and the computer will ask the buyer how many they want. You choose the length of the auction which is from 2 weeks to 60 days. As a seller you choose the price that you want to sell that item for or you can just choose any offered price. This is done by choosing a "Reserve price". If there is a minimum price that you want to sell your item for then you will have to set a Reserve Price. The computer will not sell your item unless one of the buyers will bid above your reserve price. If you set a Reserve price, it's a good idea to place the "starting bid" price lower than your reserve price to attract attention to your item. Once again, if you place a Reserve Price, your item will not be sold unless one of the buyers bid higher than you reserve price. You can choose not to have a reserve price in which any bid is considered acceptable price for the item and at the close of the auction, the item will be sold to the highest bidder. So if you have something that you really want to sell at any price, this is the option you choose. Once your auction is closed, you and the buyer will receive an email informing you of the other's email information so that you can contact each other to finalize the transaction. If there are no buyers at the close of the auction, you can simply choose to re-list your items at no charge.

Dentalauction.com provides to the dental professionals an incredible opportunity to get some of the necessary dental and lab equipment, instruments and supplies at a great reduced price. As a buyer all you have to do is look for what you need or simply browse through the "MEGA-LIST" to look for bargains. To use the website as a buyer you need to register and become a member of our site as well. Once registered, you can start placing bids on one or all the items that you are interested in. You can even have the computer place bids on your behalf on an item once you state what is the maximum price you are willing to pay for an item! Your bids are binding so please place bids only if you are a serious about the items. If you are the successful winner of the auction, you will also be notified along with the seller of each others email address and instructions to finalize the transaction.

Fees:

Joining and bidding on items at dentalauction.com is free. Starting May 1, 2006, the fees for all the services offered at our site is only 10% of the final bidding price at the close of the auction, paid by the seller. We only collect if the auction closes and if there is a Reserve price, it needs to be met. If the auction does not sell, or if the Reserve price has not been met, there will be no fee. Please note that there are no Listing fees at this time. So until May 1,2006, there are no commissions (which is 10% of the final auction price at close of that auction paid by the seller ). There are no fees to the buyer. So using the website will be completely FREE until May 1,2006. After May 2006, the seller only pays 10% once the auction is closed and the item is sold.

We may change our Fees and Credits Policy 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 home page. However, we may choose to temporarily change our Fees and Credits Policy 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 home page. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in 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 our website and all applicable taxes.

Safe Trading:

Because user authentication on the Internet is difficult, dentalauction.com cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third party escrow service or services that provide additional user verification. To finalize a transaction, we here at dentalauction.com feel that you need to feel safe and secure so we would like to recommend to the sellers and to the buyers to use one of the professional web-based escrow services for any transaction over $250.00 to ensure a safe and secure transaction. Where there is opportunity, there is always risk. By helping to minimize risk, online escrow services help to pave the way for fearless e-commerce. There is a small transaction fee charged by the escrow companies for their service. Our site recommends an escrow website that is very user friendly, professional and safe: http://www.escorw.com

Once the auctions are closed both buyers and sellers will receive email address of the other party to contact each other and arrange for shipping and handling of the item and finalize the transaction. The buyer has three days to follow up on the transaction and finalize the details with the seller. After three days, if the transaction is not finalized, the seller can contact the second highest bidder and so on. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.

Our goal as an internet-based professional dental auction service is to help you achieve the best value for your money by either selling or buying your new/used dental equipment and supplies at our website.

Restrictions:

Your Information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not 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) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not 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 dentalauction.com's (this does not prevent linking to or advertising a dentalauction.com 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 our 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, or that violates our current Prohibited, Questionable and Infringing Items list.

No Warranty. WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM 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 state to state.

Liability Limit. IN NO EVENT SHALL WE 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 NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO 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. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Breach:

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

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.

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 dentalauction.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices:

Except as explicitly stated otherwise, any notices shall be given by postal mail to Dentalauction.com, Inc. P.O.Box 7917, Van Nuys, California, U.S.A. 91409 (in the case of dentalauction.com, Inc.) or to the email address you provide to dentalauction.com, Inc. 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 dentalauction.com, Inc. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration:

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by dentalauction.com, Inc. to collect our fees and/or recover damages for, or obtain an injunction relating to, the dentalauction.com site operations, intellectual property, and our services, 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 Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or dentalauction.com, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of you or dentalauction.com, Inc. pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs up to $1000.00.

General:

This Agreement shall be governed in all respects by the laws of the State of California (USA) as such laws are applied to agreements entered into and to be performed entirely within California between California residents. 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. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by dentalauction.com, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. 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. Sections with respect to fees owed for our services, Release, Access and Interference, Liability Limit, Indemnity and Arbitration shall survive any termination or expiration of this Agreement.

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Dentalauction.com is Only a Venue.

Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer". Instead, our site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". 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 buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

Release

Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release dentalauction.com, Inc. (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and 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. If you are a California resident, you waive California Civil Code §1542, which says: "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."

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended dentalauction.com members. If you do not qualify, please do not use our services. Further, your dentalauction.com account (including feedback) and User Id may not be transferred or sold to another party.

We may amend this Agreement at any time by posting the amended terms on our site. All amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and dentalauction.com, Inc.

Neither bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions!

AUCTION OVERVIEW

-Length of auctions:

· Auctions last 14-60 days with the seller choosing the end date.

-When an auction ends...

· The seller and winning bidder are notified via e-mail and provided with each other's e-mail address.

· Buyer and seller should contact each other within 3 business days of the close of auction.

· After 3 business days, the seller may contact the second highest bidder.

-Bidding

· Bidding is automated. When you bid, enter the maximum amount you are willing to pay for the item and Proxy Bid, our automated bidding system will bid on your behalf.

· Proxy Bid will never bid more than the smallest amount necessary for you to outbid other people, or more than your maximum bid.

· All bids are made using pre-set bid increments.

· If another bidder outbids your maximum bid, you will automatically be notified by e-mail.

-Bidding on reserve price auctions

· A seller has the option to set a second price that is higher than their opening bid. This is a reserve price.

· At the end of an auction, if the high bid does not exceed the sellers reserve price, the seller does NOT have to sell their item to the high bidder.

· If an item has a reserve price, it will be indicated next to the current bid price as follows: (Reserve NOT Met), when reserve has been met, this tag will automatically be removed.(The bidder is never shown the actual reserve price)

-Your responsibility as a bidder

· When you place a bid, you are indicating your intention and ability to buy the item you have bid on. The bids are binding, so please make certain that you will be able to buy that item and it is what you need.

· You will be asked to verify your bid before it is accepted. Once accepted, you cannot take it back. 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, or you cannot authenticate the seller's identity.

PLACING AN ITEM UP FOR AUCTION

You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and all terms of sale on the listing page of our 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.

-Setting your opening bid

· The opening bid is the amount at which you want bidding to begin.

· Your opening bid should be considerably lower than what you expect the item to sell for.

· It's a good idea to set your opening bid at 20% of the amount you expect the item to sell for. Example: If you expect the item to sell for $200, start bidding at $40.

-Reserve price auctions

· This feature is optional to the seller.

· Some people will not bid on items with a reserve price. This is because they feel even if they are the high bidder, they will not get the item because their bid didn't meet the reserve price. Use this feature carefully.

· If the auction closes and no bids have been submitted that exceed your reserve price, you do not have to sell. However, you can contact the highest bidder and come to a mutually agreed term.

-Changing and deleting listings

· As long as no bids have been made on your item, you may change or delete your item. Once a bid has been placed on an item you may no longer delete that item. You can always add to the item description.

-Your responsibility as a seller

· When you auction an item you agree to sell that item to the highest bidder, providing it was not a reserve auction where the price was not met. 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 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.

· Help make Dental Auction an honest and open community, participate in user feedback!

CONTACT

Please do not hesitate to contact us if we can be of any assistance to you or to answer any of your questions. You can contact us by sending us an e-mail by using our "Contact Us" at our homepage or admin@dentalauction.com.

Copyright 2006- Dentalauction.com,Inc.

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