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I>animals4auction.com, animalsforauction.com and antsinclive.com Web Site Terms of Use

ANIMAL NEEDS & TRADING SERVICES, INC,
animals4auction.com, animalsforauction.com and antsinclive.com

MEMBER AGREEMENT

TERMS ON WHICH ANTSINCLIVE OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the member agreement for ANTSINCLIVE. This agreement describe the terms and conditions of our services available under the Domain WWW.ANIMALS4AUCTION.COM.If you do not agree to be bound by these terms and conditions do not use or access our services through our site.

You must read, agree and accept all of the terms and conditions contained in this user agreement and the private policy before you may become a member of ANIMALS4AUCTION.COM. By accepting this member agreement, you also agree that your use of others ANTSINCLIVE web sites will be governed by the same agreement and privacy policy unless otherwise stated by ANTSINCLIVE and it's subsidiaries.

ANTSINCLIVE reserves the right to amend this agreement at any time without notice and will inform members by posting the amended terms on the site. All amended terms shall be automatically deemed effective inmediately after they are posted on the site.

This agreement shall be deemed effective immediately after acceptance in registration for new registering members.

1) Membership Eligibility: Our services are available to individuals who can form legally binding contracts under the law. Services are not available to persons under the age of 18, or by members that are suspended and/or banned by ANTSINCLIVE. Accounts and users ID's cannot be transferred or sold to another party, if you are registering as a business entity then you must have the authority to bind the entity to this agreement.

2) Fees and Services: We do charge for any listing and service fees performed through our site. You have the right to review and accept the fees that you will be charged. Our fees are incorporated in our site. ANTSINCLIVE may change those fees from time to time; these changes to the policy are effective after we provide you 7 days notice of such changes. A 3% service fee shall be charged for all closed auctions, sales and transactions ocurring within the site. Promotional events, (auctions, free listing, etc) are effective immediately after being announced on the site. Changes of our services at any time will be at the solely discretion of ANTSINCLIVE. Fees for new services will be effective immediately after being posted. All fees are quoted in US DOLLARS, members are responsible for paying all listing and services fees associated with any transaction performed by them within the site. All fees are due immediately after any complete transaction unless otherwise stated by ANTSINCLIVE. ANTSINCLIVE has the right to impose penalties on any unpaid balance including but not limited to (late fees charges, suspension and expulsion from site, legal prosecution, etc). If a closed transaction occurred but no shipping or goods delivery has been made, ANTISINCLIVE will still collect any unpaid balance for such transaction.

3) ANTSINCLIVE is not an Auctioneer: ANTSINCLIVE act as platform to allow members to offer, sell and buy goods related to live domestic animals, agricultural goods, land, accessories, veterinary medicines and vitamins, at anytime from anywhere, in the form of fixed price or auction formats through the internet. ANTSINCLIVE will not, nor shall be involved in any transaction between buyers and sellers, nor shall have any control on the quality, safety, legitimacy, health, condition, shipping, delivery and well being of items to be offer for sale and sold within the site, nor of accuracy of listing description, ability of sellers to sell or buyers to buy items within this site. We provide our services "AS IS" and without any warranty or condition express or implied. To the maximum extent permitted by law, we expressly disclaim the implied warranties of title, merchantability and fitness of any item sold.

ANTSINCLIVE will not, nor shall be held responsible for the legal transfer of ownership of item sold. Legal transfer of ownership will be the solely responsibility of parties (seller and buyer) involved in any legal and closed transaction within this site. We are committed to providing a quality internet service and to promote it. ANTSINCLIVE does not guarantee the sale of any item or services listed. It's the buyer's responsibility to ensure the validity of all information about any item listed prior to purchase. Unless otherwise agreed, buyers do not have to accept unfit animals, including but not limited to blindness, cripples, lumps, chronic diseases, quinines, bad eyes, in other words, any visible or not visible sickness of any listed animal. ANTSINCLIVE reserves the right to postpone, cancel, reject or void any sales at any time, on any format, whether winning bids or not in our discretion, that are deem to be prohibited under the law, or under these terms and conditions or that are not in good faith or when such action is appropriate. ANTSINCLIVE will have no obligation or liability to the intended bidder or buyer as a result of any withdrawal, cancellation or postponement of sale. In no event shall we be liable for lost profits or any special, incidental or consequential damages however arising out of or in connection with a sale made through this website, including negligence. Transmissions over the internet takes different routes and can be delayed by different factors, including buyers/bidders' computer, this lapsed time between submission of bid/offer and it's reception by our site can be delayed by several seconds, and by the order in which it's received by our host computer, thus, bids and offers are awarded on a first come, first served basis. To be accepted, bids/offers of any given item must be received by our host computer prior to said item close out time of sale.

*In the event of malfunction by our host computer, the auctions/sales processes will be stopped. If the incident has not affected the sale of items prior to the malfunction, they will be considered sold and the sale will be completed. Remaining sales in both formats will continue upon correction of the malfunction where bidding/offer will be opened with no bid position awarded upon resumption of the auction. Any malfunction by the buyer's computer or internet service provider is not the responsibility of ANTSINCLIVE.COM or ANIMALS4AUCTION.COM. *

Sellers have the availability to list and purchase items out of a fixed price listing or auction price listing. Members whose items in the very rare event were not sold at either fixed or auction listing will have the ability to relist such item.
Sellers may not sale any item outside of animals4auction.com if the same item is being auctioned within our site, unless there is no bid on it, in which case that item can be sold providing the auction is deleted and that an explanatory letter is sent to our headquarters. If such item such a valid bid on it, the bidder is consider to have a prior claim to that item, preventing the seller to sale such item outside of animals4auction.com.
Buyers are provided with the reverse auction choice which enable them to post to everyone within our site, those items needed by them at the lowest price they are willing to pay where a seller has the opportunity to and is willing to meet the buyer's price (budget) to sell such posted item by the buyer.

RULES AND REGULATIONS
1) ANTSINCLIVE uses techniques to verify the accuracy of the information members provide to register on the site. Verification of member's identity on the Internet is difficult. ANTSINCLIVE cannot and does not confirm each member's purported identity. We establish initiated feedback system for members to evaluate with whom they are dealing.

2) Due to the fact that ANTSINCLIVE is a venue, in case you have a disagreement with other member(s), you release ANTSINCLIVE, it's Officers, Directors, Agents, Subsidiaries, Joint Ventures and Employees from any damages, claims and demands of every kind and nature, known and unknown, disclosed or undisclosed connected with such disputes. California Residents waive California Civil Code 1542 and all Civil Codes that may apply to all users.

3) ANTSINCLIVE does not control the information provided by other members, which is available through the system. Such information may be offensive, harmful or inaccurate. We recommend common sense when using the site. Also, members have the risk of dealing with underage people using WWW.ANTSINLIVE.COM site, you must agree to accept this kind of risk and ANTSINCLIVE shall not be held responsible for such acts and omissions of users on the site.

4) As a buyer, you are responsible for any extraordinary health certificates, tests, or documentation required for shipment, if you purchase an item through one of our fixed price formats, or if you are the highest bidder at the end of one of our sales formats, and your offer or bid is accepted by the seller, you are obligated by the terms and conditions, rules and regulations of ANTSINCLIVE to complete the transaction with the seller, unless such transaction is prohibited by law or by this agreement. When you are purchasing or bidding on an item, you agree to be bound by the conditions of sale included in the seller's description of the item providing such conditions are not in violation of this agreement or under the law. Unless you and the seller agree otherwise, you will become the item's lawful owner once all owed fees have being paid and upon physical receipt of such item from seller. In exceptional circumstances, bids can be retractable, such as: typographical error is made, change of items description after bid is made, seller's identity cannot be authenticated, or when seller does not confirm acceptance of purchase in our site, or when the highest bid did not meet the minimum price accepted by the seller, then the item will pass out as NO-SALE.

5) As a seller, you must be the legal owner of item(s) and as such be legally able to list in our site item(s) for sale. You must agree to comply with all Federal, State and Local Health regulations and at your own expenses provide latest (current) brand or minimum standard health certificates required by Federal, State and Local authorities, you are also responsible for weighing and brand inspection. Once you agree to list an item for sale, you must describe such item and terms of sale acceptable to you, included but not limited to: age, color, size, weight, certifications, pedigree, health, conditions, pictures, graphics, awards, shipping, delivery, performance, insurance, etc. All items must be listed in appropriate category. If you as a seller receive at least one bid at or above your stated minimum price in one of our fixed or auction formats, you are obligated as seller to complete the transaction with the highest bidder in an auction format or price offered by buyer in a fixed price format unless exceptional circumstances arises such: Buyer's identity cannot be authenticated, Buyer fails to meet the terms of your selling conditions, etc.

6) ANTSINCLIVE may suspend or terminate user account and his/her/it access to our site without limiting any other actions, if we suspect that such member have engaged in fraudulent activities in connection with the site and fellow members.

7) Neither buyers nor sellers may manipulate the price of any item nor may interfere with other member's listings or transactions. For ANTSINCLIVE and for all members within the site, all transactions between buyers and sellers are Legal, and as such we demand and provide respect and discretion while item is being offered to all and confidentiality before, during and after transaction is closed.

8) Members are solely responsible for any information provided to ANTSINCLIVE, or fellow members in the registration, bidding, listing and purchasing process. ANTSINCLIVE act as a passive conduit for online distribution and publication of member's information.

9) Information of any listed item for sale, or any activities within the site, shall not be:

Fraudulent
Counterfeit or stolen item
False, inaccurate or misleading
Infringe any third party's copyright, trademark, patents or right of publicity or privacy
Violate any law, statute, ordinance or regulations
Unlawfully harassing or threatening, be obscene or contain child pornography
Contain any viruses or other computer programming routines that may damage or interfere with any system, data or personal information
Link directly or indirectly to or include descriptions of goods or services that are prohibited by law and this agreement

10) ANTSINCLIVE will only use your personal information in accordance to our private policy, for identification purposes only when you register to become a member. All sensible information will remain secured and confidential, thus not violation of any rights you might have in that information will be committed.

11) Information on the site is updated on a real time basis and is solely proprietary or is licensed to ANTSINCLIVE. By our members 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 ANTSINCLIVE express written permission. You also agree that you will not take any action that impose or may impose in our discretion an unreasonable or disproportionately large load on our infrastructure, copy, reproduce, modify, create derivative works from distribute or publicly display any content (except your information) from the site without the written permission of ANTSINC that interfere with the proper working of the site or any activities conducted on the site.

12) You may not take action that may undermine the integrity of the Feedback System. ANTSINCLIVE may limit the number of bids and listing on the site based upon the rating of your Feedback. If your Feedback rating is minus, you may be suspended and unable to list, bid or buy. Your Feedback rating is based upon comments left by other members. The purpose of the rating is not other than facilitating the trading between ANTSINCLIVE members. You shall not market or export your ANTSINCLIVE Feedback rating in any venue other than those within ANTSINCLIVE operated website. ANTSINCLIVE will not provide ability to import Feedback from others websites to ours.

13) If you breach this agreement or the documents it incorporates by reference, or if ANTSINCLIVE is unable to verify any information provided by you to us, or your actions may cause financial loss or legal liability to you, our members or ANTSINCLIVE, without limiting any other remedies, we may limit your activity, remove your bids, your listed items, issue a warning, post your actions for other members to see, temporarily or indefinitely suspend you or terminate forever your membership depending of the gravity of your actions.

14) ANTSINCLIVE will not rent or sale your personal information to third parties for their marketing purposes without your consent. We will not disclose your personal information to anybody unless required by law. We use your information as you describe it to us. Your information is stored and highly protected by state of the art physical and technological security devices in the United States of America.

15) ANTSINCLIVE, our subsidiaries, officers, directors, employees and our suppliers, provide our website services "As Is" and without any warrant or condition express, implied or statutory.

16) ANTSINCLIVE, our subsidiaries, officers, directors, employees or our suppliers, in no event shall 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 including negligence. The liability of ANTSINCLIVE, subsidiaries, officers, directors, employees and suppliers to you or any third parties in any circumstances is limited only to the greater of the amount of fees you pay to us in the 12 months period to the action-giving rise to the liability.

17) Users agree to indemnify and hold ANTSINCLIVE, our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees made by any third party due to or arising out of your breach of this agreement or your violation of any law or the right of a third party.

18) Users shall comply with domestic and international laws, regulations and statutes regarding your use of our service and your listing, bidding, purchase, solicitation to purchase, sale of items and shipping and handling of any item sold within this site. Users and ANTSINCLIVE are independent contractors, no partnership, joint venture, franchise-franchise; employee-employer is intended or creates by this agreement.

19) Notices shall be given by postal mail to: ANTSINCLIVE attn. Legal Dept. 5121 SW 149th place, Miami, Fl, 33185 (in our case) or to the users' email address provided at the time of registration to enter the site (user's case). Notices shall be deemed given 24 hrs after the email is sent, unless the sending party is notified that such email address is invalid.

20) If a dispute arises, our priority is to provide you with a neutral and less cost possible mean to resolve such dispute. Users and ANTSINCLIVE agree that any claim or controversy that arise out of this agreement or our services (claims) shall be resolved as follow or mutually agreed in writing by the parties, or you contact ANTSINCLIVE to seek a resolution and we will consider request to resolve the dispute through a mediator as an alternative to a litigation.

A - Claims where the total amount of award sought is less than $10,000.00, users or ANTSINCLIVE may decide to resolve the dispute through binding arbitration conducted on line or by phone upon written submissions where no person appearance is required. The arbitration shall be performed by The American Arbitration Association

B - A court of competent jurisdiction located in Miami-Dade County, Florida (ANTSINC) may adjudicate claims or where the Defendant is located. Users case will be your home address or principal place of business. Users and ANTSINCLIVE agree to submit the claims to the jurisdiction located within the county of Miami-Dade, Florida, or another location mutually agreed by the parties.

C - If a party files an action contrary to this agreement, the second party will recover attorney's fees and cost up to $1,000.00.

21) Policies may be changed and are effective immediately after we post such changes on the site. The laws of the State of Florida shall govern the agreement.

22) Operation of the site may be interfered with by numerous factors out of our control, for this reason ANTSINCLIVE do not guarantee uninterrupted, secured access to our services.

23) Disputes between ANTSINCLIVE and users in reference to our services, may be reported to Customer Support at www.animals4auction.com/customer_service.php

Disputes between users shall be reported to your local law enforcement or a local mediator.

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