TERMS & CONDITIONS

I. Basic Registration and Service Information.

A. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
By completing the registration process to become a member ("Member") of the Shortbids.com (“Shortbids.com”) web site (the "Site"), you accept and agree to be bound by the terms of service, operating rules, Privacy Policy and/or other policies of Shortbids.com, published by Shortbids.com as described herein (all such terms of service, operating rules and/or policies as they may be amended from time to time shall hereinafter be referred to as these "Terms of Service"). Members may be referred to as "Member," "User," "Buyer" when a Member is being described as acting as a buyer in a transaction, "Bidder" when a Member is being described as bidding on a property in order to act as a potential “Buyer” in a transaction, and "Seller" when a Member is acting as a seller in a transaction. These Terms of Service comprise the entire agreement between Member and Shortbids.com and supersede any and all prior agreements between the parties, regarding the subject matter contained herein.In addition to agreeing to these Terms of Service, you also accept and agree to be bound by the Seller’s conditions of sale, either in the property listing, so long as the conditions of sale are not in violation of these Terms of Service or unlawful.If you are applying as an individual, you expressly represent and warrant that you have the capacity under applicable law to enter into a legally binding contract; for example, if you are a minor, you may only use the services of Shortbids.com in conjunction with your parent(s) or guardian(s). If you are applying as a legal entity, you expressly represent and warrant that you have been duly authorized by your company, partnership, or other legal entity to enter into agreements on behalf of that entity. 

B. DESCRIPTION OF SHORTBIDS.COM SERVICE
Shortbids.com provides an web site marketplace outlet for Sellers to list properties for sale and for Buyers to locate properties to purchase. The properties available through the Site are offered by Sellers and not by Shortbids.com. Shortbids.com is not a party to the offer or sale of these properties, does not own the properties listed on the Site, and only provides the technical venue for the offer and sale of the properties. Shortbids.com does not ensure that a Seller and Buyer will complete a transaction.  Shortbids.com is not responsible for fulfillment of any real estate sale or for facilitating the delivery of said property(s). Although Shortbids.com may supervise the content of information of the Site (see "Supervision of Content" below), Shortbids.com does assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any Member as a result of relying on any material, content and information posted on the Site.

C. MEMBER REGISTRATION AND INFORMATION
(1.) Registration  Data. Each Member expressly agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so, and (2) maintain and update this information as required to keep it current, complete and accurate. Furthermore, Member grants Shortbids.com the right to use Member-related data for purposes described in the Shortbids.com Privacy Policy. Member is further directed to review the Shortbids.com Privacy Policy for further information concerning the collection and usage of Member information. Shortbids.com membership is non-transferable. If any information provided by Member is incomplete or inaccurate, Shortbids.com retains the right to terminate Member's rights to use the Site. The Shortbids.com is a private web site market outlet; Shortbids.com may deny access to its site at its sole discretion, and for any reason or for no reason. Providing false or fraudulent Member information could subject a Member to criminal or civil liability as well as being a violation of these Terms of Service. Member may change personal information on its existing membership account only to update the Member account. (2) Username and Password. Once a party becomes a Member of the Site, the Member will select a username and a password. Members are entirely responsible for maintaining the confidentiality of their usernames and passwords. Furthermore, Members are entirely responsible for any and all activities which occur under a Member's username and password. Member agrees to immediately notify Shortbids.com of any unauthorized use of Member's username or any other breach of security known to Member. Shortbids.com may terminate the membership of any Member due to the misuse, improper use or unauthorized use of their username, password or this Site. Shortbids.com shall not be responsible and the Member shall hold harmless Shortbids.com for any actual, special, consequential or incidental losses or damages arising from the misuse, improper use or unauthorized use of their username, password or this Site. 

II. Conduct of Auctions on the Site 

A. PROCEDURE FOR CONDUCTING AUCTIONS
Properties are listed for the specified bidding periods (the "bidding") shown on the Site and are deemed "sold" at the close of bidding set at a time pre-determined by the Seller. Bidding will not close until an entire overtime period has passed without any bidding activity. Each Property will have a description and disclosure information on the Site, as well as any additional conditions of sale provided by the Seller. Once bidding commences, Bidders may make a bid at any time prior to closing of the bidding. All Properties will have a minimum bid price disclosed on the Site. For certain Properties, the Seller may impose a reserve price, which is not disclosed on the Site. If there are no bids above the minimum bid or reserve price (whichever is higher), then the Seller is not obligated to sell the property. After bidding closes on each property, Shortbids.com will send the highest Bidder and Seller notification via e-mail detailing the highest bid and contact information (a "Sold Notice"). In all auctions, a Buyer who is designated as the winning bidder on the property listing, whether or not they receive a Sold Notice, is legally bound to buy the property at the quoted bid amount (see "Contractual Obligations of Buyers and Sellers" below), and the Seller is legally bound to sell the property, pursuant to these Terms of Service subject to the additional conditions of sale specified by Seller. The Seller is obligated to contact the winning Bidder within two (2) business days to complete the transaction (or the Seller may engage a representative, to contact the winning Bidder on the Seller's behalf. The winning Bidder is also obligated to contact the Seller within two (2) business days to complete the transaction. After two (2) business days, if the Seller is unable to contact the winning Bidder for whatever reason, the Seller may in its sole discretion (a) continue to attempt to contact the high Bidder or (b) re-list the property on the site. Once the parties are in contact, the Seller and winning Bidder shall complete the settlement of the purchase and sale of the property. 

B. LIMITED RIGHTS TO RE-OPEN AUCTION
Notwithstanding anything herein to the contrary, in the rare event of a documented interruption in service, technical error or other exceptional circumstance of a similar nature (defined by and determined at the sole discretion of a Shortbids.com and/or it’s affiliates, with respect to the services provided by Shortbids.com and/or its affiliates (excluding technical errors with the Member’s own equipment or Internet connection), the Seller for any adversely affected auction shall have the right, within two (2) business days after such auction has closed, or a “Sold Notice” issued, to direct Shortbids.com to re-open such auction. In such a case, the affected “Sold Notice” shall immediately become void and of no force and effect. Shortbids.com shall promptly send an email to all documented Bidders, including any Bidder that received a “Sold Notice”, specifying the details pursuant to which the affected auction shall be re-opened. At the direction of the Seller, participation in the re-opened auction may be restricted to only those who participated in the original auction. Bidders must make claims of interruption in service or technical error with respect to the services provided by Shortbids.com within one (1) business day after an auction has closed. Shortbids.com will make final determination that there has been a documented interruption in service or technical error on the Shortbids.com Site that has impacted the Member’s ability to place a bid. However, the decision to re-open any auction shall continue to be at the sole discretion of the Seller.  

C. SETTLEMENT OF TRANSACTIONS GENERALLY

(1.) Settlement between Seller and Buyer. The settlement of a purchase and sale of a property following a completed bidding process shall be between the Seller and Buyer. (2) Appraisal Policy. Shortbids.com does not require a Seller to provide an appraisal for auctions listed on the Shortbids.com.  Independent and third party appraisals must be clearly indicated and include the company name and contact information.  

D. Seller Rating System
After the close of the auction, the Buyer has the opportunity to rate the Seller on the following categories: Product Quality/Value, Communication, and Ease of Transaction. The Seller is rated on a score of 1-5 stars, with 1 star being very dissatisfied and 5 stars being very satisfied. This rating system will provide prospective Bidders with useful feedback from past transactions with the Seller. The requirements and restrictions include the following: Only the winning Bidder may submit feedback for each auction, no comments can be entered or posted and only winning Bidders with an active account can submit a rating. Sellers are restricted from marketing this feedback rating on any other online or offline venue. The overall star rating system will be posted on each of the Seller’s auction listings. This can be found by the Seller’s name with the number of feedback ratings in parenthesis. 

 E. Seller Identity Verification
In order to protect the reputation of its Sellers and to provide an added measure of security for its Buyers, Shortbids.com maintains an Identity Verification procedure. The Identity Verification procedure is one tool in enhancing the Internet buying experience. However, this Identity Verification process should be used in conjunction with other buyer protection tools, such as the Shortbids.com Seller Rating System. We also encourage Bidders to communicate directly with potential trading partners through the tools available on the Site. Bidders may also wish to consider using a reputable third party escrow service. Ultimately, the Seller and Buyer are responsible for successful completion of a transaction. Despite the tools offered to its Members, Shortbids.com cannot guarantee the completion of a transaction between a Seller and a Buyer.  

III. Responsibilities of Buyers and Sellers 

A. WHO CAN BID?
Bidders must register with Shortbids.com as a Member and be capable of forming legally binding relations under applicable law. The services provided by Shortbids.com are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from, or otherwise incapable of, entering into binding contracts. Sellers are restricted from bidding on their own auctions. Sellers may not manipulate prices of auctions by having others bid on their assets for them. First time Bidders must successfully go through an ID Verification process. If required by the certain qualified Sellers, Bidders may be required to submit a Bid Deposit prior to submitting a bid. A Seller may request that Shortbids.com restrict the right of a particular Member to bid on that Seller’s auction(s). Notwithstanding any language to the contrary in the Terms of Service, in the event that a bidder becomes obligated to perform, as provided in the Terms of Service, and fails to perform ("Non Performing Bidder" or "NPB"), may, in addition to any other rights it may have under the Terms of Service, seek reimbursement for any lost fees and for any expenses, including attorney fees, and/or damages incurred as a result of such non performing bidder by initiating a credit card charge on a credit card that has been provided by the bidder making deductions from any Bid Deposit or bringing an action in a court of law.  

B. WHO CAN SELL?
Sellers must be the rightful owners, or authorized by the owners of such property, a court of law, or through power of attorney to sell the property. Upon request by Shortbids.com, Sellers must produce evidence of ownership and/or authorization to sell on Shortbids.com. Sellers may be required to complete an Identity Verification process prior to listing a property for sale on the Shortbids.com site. Sellers may be requested to provide certain personal information to confirm his or her identity through a third-party processor or other means. 

C. CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS
(1.) Terms of Service as Contract. These Terms of Service, together with any additional conditions of sale provided by a Seller for a particular property disclosed on the Site, comprise a contract between a Seller and the winning Bidder in any completed auction. By bidding on a property a Bidder agrees, and by listing a property on the Site a Seller agrees, to be bound by these Terms of Service and the Seller's conditions of sale included in the properties’ description, so long as those conditions of sale are not in violation of these Terms of Service or unlawful. In the event of any direct conflict between these Terms of Service and any conditions of sale provided by a Seller, then these Terms of Service shall control. (2) Offer and Acceptance - Binding Contract between Buyer and Seller. A bid made by a Buyer is an offer to purchase the property from the Seller at the stated bid price. The bid is an irrevocable offer; subject only to material changes in the description of a property made after such bid is placed by a Buyer. Buyers are required to conduct any research or due diligence of a property prior to making a bid. All properties are listed and sold on an "as is" "where is" basis, unless otherwise indicated by the Seller on the auction listing. If a Buyer bids on a property and that bid represents the highest bid for that property, and the highest bid is at or above the Seller's minimum and/or reserve price (whichever is higher), the Buyer's bid is deemed accepted by the Seller (subject to these Terms of Service, including the right of a Buyer to change or retract a bid in the event of a material change in the description of the property,  except for exceptional circumstances, such as a material typographical error, or an act of God. Once the Seller accepts a Buyer's bid, the Buyer is obligated to purchase the property at the price he/she offered and pursuant to these Terms of Service and the Seller's conditions of sale. If a Seller receives at least one bid at or above the Seller's stated minimum price (or in the case where the Seller has set a reserve price, at or above the reserve price), the Seller is obligated to complete the transaction with the highest Bidder upon the completion of the bidding, except for an exceptional circumstance, such as a material typographical error or other conditions stated in these Terms of Service. The Seller's conditions of sale may provide for a specific form of purchase agreement to be executed by the Seller and winning Bidder after the auction closes. In the absence of a specific form being provided by the Seller in the conditions of sale, the Seller or the winning Bidder may request that the parties execute a standard form purchase agreement, consistent with these Terms of Service and the Seller's conditions of sale, to memorialize and confirm the agreement between the parties. Sellers and Buyers agree to act reasonably and in good faith in negotiating and entering into a written purchase agreement if requested by either party. Time is of the essence.(3) Completing a Settlement. The Seller and the Buyer are jointly and equally responsible for completing the sale of a property. After the online bidding is complete, unless otherwise indicated/engaged, the Seller is responsible for taking all necessary actions to complete the sale once a winning Bidder is identified to the Seller. Shortbids.com retains the rights to terminate a Seller's rights to use the Site in the event a Seller fails to perform its obligations to settle on a completed auction. Similarly, the Buyer is responsible for taking all necessary actions to complete the sale. Shortbids.com retains the rights to terminate a Buyer’s rights to use the Site in the event a Buyer fails to perform its obligations to settle on a completed auction. If a property is located in the U.S. and the seller requests that you send funds outside the U.S., do not send funds before contacting a legal representative.(4) Material Change in Description of Property. Shortbids.com may allow Sellers to change their property listing prior to acceptance of the first bid; however, the date of the change will be noted on the listing after bidding commences. In the event a Seller materially changes the description of a property after the commencement of the bidding process, then all Bidders who have previously made a bid on such property will be notified by e-mail that the description of the property has been materially changed. Such Bidders will then have three (3) business days (or another period provided in a notice to such Bidders) to amend or retract his/her/its bid, after which time all bids will remain irrevocable.(5) Other Conditions of Purchase and Sale. All purchases and sales of property and use of the Site by Members shall be conducted in compliance with applicable law. Purchases made on the Site are entirely without recourse to Shortbids.com. All Members acknowledge and agree that closing of all sales of property may be subject to final approval of a court (including a bankruptcy court) or (foreclosure proceedings) or other agency and that if such approval is not obtained, the Seller may withdraw such property after a completed bidding process without any recourse or liability on the part of Seller. In the case of a sale of any property from a bankruptcy estate, a sale is not final until a bankruptcy court gives final approval of the sale. Full disclosure from the Seller should be duly explained in the property terms and description.(6) Enforcement of Buyer and Seller Contract Obligations. All Members are third party beneficiaries of these Terms of Service, and Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, Shortbids.com retains the right to terminate a Member's rights to use the Site in the event a Member violates these Terms of Service. (7) Conducting Due Diligence. Bidders are required to conduct any research or due diligence of a property that they wish to conduct prior to making a bid. Bidders wishing to physically inspect property seen on the Site may make arrangements to do so directly with the Seller. The property description should contain information regarding inspections and other due diligence opportunities available.  Permitted due diligence includes reviewing the Seller's description of a property, as well as reviewing any available land records, tax records, appraisals, and other publicly available sources. Bidder shall remain responsible to do the due diligence regardless of the availability of Seller’s documents. However, Seller should provide a “property condition disclosure” if the condition is personally known by the Seller, otherwise Seller should post a statement describing that ‘no property condition disclosure available”.  

D. OTHER RESPONSIBILITIES OF THE SELLER
(1) Description of Property. The Seller must accurately describe the property in a listing provided for inclusion on the Site and shall be liable for any misstatements or omissions in such description. Failure to accurately describe a property may be fraudulent and may subject a Seller to civil and/or criminal liability, as well as being a violation of these Terms of Service. Shortbids.com retains the right to terminate a Seller's rights to use the Site in the event a Seller includes material misstatements or omissions in a properties description. Seller further agrees to indemnify Shortbids.com against any action brought against Shortbids.com by any person or entity arising out of or due to any action of the Seller whether said action is described herein or not, or may otherwise relate to any transaction between the Seller and Buyer. Prior to listing a property, the Seller shall provide any terms or conditions of sale for a particular property in addition to these Terms of Service. Seller will not reference, directly or indirectly, other Sellers’ auctions or terms, nor include negative comments regarding other Seller’s auctions or terms in their listings. Seller agrees to abide by all Shortbids.com policies and terms.(2) Compliance with All Applicable Laws. Sellers are also responsible for complying with all applicable local, state, federal, or foreign laws, rules, regulations and legal approvals regarding the sale of any property, including without limitation, bankruptcy court approvals, foreclosure properties, and short sales, federal and state laws regarding the sale of any property. Seller must comply with all disclosure laws for any property, including environmental and broker licensure laws, laws governing the sale, packaging, published materials or information, and all other applicable local, state, federal, or foreign laws, rules and regulations pertaining to the sale of any property. Sellers are solely responsible for ensuring that any property offered for sale is offered in full compliance with any applicable legal limitations or restrictions. (3) Linking With Other Web Sites or Information. No listing shall establish a link to (i) any Web address not pertaining directly to the property listing, (ii) any private Web page with site navigation enabled, (iii) any promotion of email alerts for property not listed on Shortbids.com any (iv) reference to auctions listed on sites other than Shortbids.com, or (v) any advertisement or statement for any business, individual, organization, concept or entity. If prohibited links are found after the auction is live, Shortbids.com has the right to cancel auction.(4) Accepting Risk of Buyer's Ability to Complete a Transaction. Sellers acknowledge and agree Shortbids.com does not provide any representations with regard to the ability of Bidders to pay Sellers the bid price for the property being sold. (5) Payment of Fees to Shortbids.com. Shortbids.coms’ fees are posted on the Site. Seller agrees to pay applicable fees without offset. Unless otherwise agreed to by, Shortbids.com payment of the Posting Fee Ad-on’s and Premium Services fees (if selected) are due when the Seller completes the posting ("Sell") process.  Unless otherwise agreed to by Shortbids.com, all fees will be charged to the Seller's credit card account that is provided during the posting process. By completing the posting process, Seller authorizes Shortbids.com to charge the Seller’s credit card account, unless otherwise agreed to in writing by Shortbids.com. If the Seller’s card is no longer valid at the time the auction ends and the property is marked as Sold, Shortbids.com reserves the right to invalidate the auction unless the Seller has made alternate payment arrangements. Any fees or charges not paid by the Seller within 30 days of provision of service will be subject to a late fee equivalent to the rate of 1.5% per month from the date of provision of service. See the Shortbids.com Fee Schedule for additional information regarding fees. (6) Contact information within an auction listing. No listing shall require the Seller’s phone number, email address or residential address. The "Ask Seller a Question" feature is provided so that Seller’s may keep their contact information confidential and only share it with the buyer that wins the bid. If Seller posts personal phone numbers or email addresses along with the description, it shall be at Seller’s own risk and further shall hold harmless Shortbids.com from action or liability pertaining to this action. 

IV. Rights and Responsibilities of Shortbids.com 

E.  MODIFICATIONS TO TERMS OF SERVICE
Shortbids.com may change these Terms of Service from time to time. Any amendment shall be effective immediately without notice upon posting on the Site. Member's continued use of the Site constitutes an affirmative: (1) acknowledgment by Member of these Terms of Service and any modifications; and (2) agreement by Member to abide and be bound by these Terms of Service, including any modifications. Both the Seller and Buyer acknowledge that they shall be solely responsible for obtaining updated information concerning changes to these Terms of Service. It is further acknowledged by the Member that the Terms of Service in effect at the time that a dispute shall arise shall control in all matters.  

A.  SUPERVISION OF CONTENT
Shortbids.com reserves the right to supervise all material, content and information on its Site, including, but not limited to, property listings and bidding activity, to determine compliance with the Terms of Service and all current and future operating procedures and rules of conduct established by Shortbids.com.  Shortbids.com reserves the right, at its sole discretion, to amend, edit, remove or otherwise block any material posted by a Member, which may violate any state, federal or local law or violate any aspect of these Terms of Service or which may otherwise jeopardize the business operations or goals of Shortbids.com. Shortbids.com shall not be responsible for material content and information contained on this Site that is provided by the Members, and all parties agree to hold Shortbids.com harmless with regard to same pursuant to the limitation of liabilities, and release and indemnification provisions contained in these Terms of Service.  

B. TERMINATION OF MEMBER'S RIGHTS TO USE SITE
Shortbids.com retains the right to terminate a Member's rights to use the Site. The Member agrees that Shortbids.com may, in its sole discretion, terminate a Member’s account, deny access to the site, and terminate any active auctions. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) actions which might jeopardize the business operations or goals of Shortbids.com, and (e) extended periods of inactivity. Termination of the Shortbids.com account includes removal of access to all offerings within the site, and deletion of password and all related information, files and content associated with or inside the account. Further, the Member agrees that all terminations shall be made in Shortbids.com’ sole discretion and that Shortbids.com shall not be liable to the Member or any third-party for any termination of an account or access to the site. If it is suspected in Shortbids.com’ sole discretion that a Member has participated in fraudulent behavior on the Web site, Shortbids.com reserves the right to suspend a Member’s account at any time, remove any active auctions, and give Buyers of recent auctions the opportunity to withhold performance without penalty.  

C. COMMUNICATION WITH MEMBERS
Members may elect to receive notification of new property listings and other opportunities available to Sellers or Buyers. Shortbids.com also relies on electronic messaging to keep its Members informed of events on its Site and the Member agrees to allow Shortbids.com to so communicate. Member may “Opt Out” of such communications by contacting shortbidsinfo@yahoo.com 

D. NATURE OF SHORTBIDS.COM RESPONSIBILITIES
Shortbids.com agrees to act with respect to each Shortbids.com member in accordance with these Terms of Service. The duties and responsibilities of a Shortbids.com and/or its affiliates shall be limited to those expressly set forth in these Terms of Service. MEMBER ACKNOWLEDGES AND AGREES THAT SHORTBIDS.COM DUTIES ARE MINISTERIAL IN NATURE. SHORTBIDS.COM IS MERELY A FACILITATOR AND PROVIDES AFFILIATE TRANSACTIONAL ASSISTANCE TO ITS MEMBERS ONLY IF REQUESTED AND IS NOT A PRINCIPAL TO ANY TRANSACTION.  SHORTBIDS.COM SHALL NOT AND DOES NOT TAKE TITLE OR OWNERSHIP OF ANY PROPERTY. TITLE TO SUCH PROPERTY  SHALL BELONG TO THE SELLER OR BUYER, AS THE CASE MAY BE. ANY DISPUTES AND/OR DISAGREEMENTS BETWEEN BUYER AND SELLER MUST BE ADDRESSED BETWEEN BUYER AND SELLER, AND MEMBER EXPRESSLY AGREES NOT TO HOLD RESPONSIBLE, SHORTBIDS.COM OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES IN ANY WAY OR IN ANY MANNER. MEMBER ACKNOWLEDGES AND AGREES THAT NEITHER SHORTBIDS.COM NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES ENDORSES ANY OF THE ASSETS THAT ARE TRANSFERRED THROUGH THE SITE AND THAT NEITHER SHORTBIDS.COM NOR ITS EMPLOYEES, REPRESENTATIVE OR AFFILIATES IS RESPONSIBLE FOR ANY DAMAGES TO PROPERTIES NOR FOR MISREPRESENTATIONS AND/OR BREACHES OF CONTRACT BY EITHER BUYER AND/OR SELLER. SHORTBIDS.COM AND ITS EMPLOYEES, REPRESENTATIVES AND AFFILIATES SHALL ALSO BE FULLY PROTECTED IN RELYING UPON ANY WRITTEN NOTICE, DEMAND, CERTIFICATE OR DOCUMENT, WHICH IT IN GOOD FAITH BELIEVES TO BE GENUINE. NEITHER SHORTBIDS.COM NOR ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES SHALL INCUR ANY LIABILITY WHATSOEVER, AND BOTH BUYER AND SELLER SHALL INDEMNIFY THE EMPLOYEES, REPRESENTATIVES AND AFFILIATES OF SHORTBIDS.COM, WITH REGARD TO THEIR CONDUCT IN OPERATING OR MAINTAINING THIS WEBSITE OR IN THE FULFILLMENT OF THEIR DUTIES AS EMPLOYEES REPRESENTATIVES OR AFFILIATES OF SHORTBIDS.COM AS MORE FULLY DESCRIBED IN THE RELEASE AND INDEMNIFICATIONS CONTAINED HEREIN.  

E. DISCLAIMER OF WARRANTIES
MEMBERS EXPRESSLY AGREE THAT USE OF THE SITE IS AT A MEMBER'S SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHORTBIDS.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHORTBIDS.COM MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET A MEMBER'S REQUIREMENTS, OR THAT SUCH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SHORTBIDS.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN ANY SOFTWARE WILL BE CORRECTED. SHORTBIDS.COM MAKES NO WARRANTY REGARDING ANY PROPERTY, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM SHORTBIDS.COM OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  

F. LIMITATION OF LIABILITY
IN NO EVENT SHALL SHORTBIDS.COM OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES BE LIABLE TO A MEMBER OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THIS AGREEMENT FOR ANY ACTUAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR RELIANCE DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT A MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK. ADDITIONALLY BOTH BUYER AND SELLER, RESPECTIVELY AGREE TO INDEMNIFY SHORTBIDS.COM AGAINST ANY AND ALL CLAIMS ARISING OUT OF THE LIMITATION OF LIABILITY CONTAINED HEREIN AND DESCRIBED MORE FULLY IN RELEASE AND INDEMNIFICATIONS CONTAINED HEREIN.  

G. NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not to resell or make any commercial use of the services provided on the Site, without the express written consent of Shortbids.com. Member acknowledges that content appearing on the Site may be protected by copyrights, trademarks or other proprietary or personal rights and those applicable laws will govern the Member's use of such content. Member agrees that without the prior written consent of, Shortbids.com Member shall not resell the Site, or the services provided on the Site, or use the Site for the transmission of commercial solicitations (other than an offer by Seller property for sale) or for the receipt of responses to commercial solicitations (other than a Buyer's interest in purchasing property offered for sale through the Site) without the express written consent of. Shortbids.com Member agrees not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the Site. Member agrees not to use the Site for the transmission of (or receipt of responses to) chain letters, lotteries, gambling or pyramid schemes of any kind. Member agrees not to use the Site to disseminate any message in a broad-based mailing without the prior written permission of Shortbids.com .Member agrees not to forge communications or take any other action that would disguise the origin of communications Member transmits through the Site. Member agrees not to permit another person to transmit communications that falsely identifies the Member's account as the origin of such communication.  

H. MEMBER CONDUCT
Member is solely responsible for the contents of his/her/its transmissions through the Site. Member's use of the Site is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Site; (2) not to use the Site for illegal purposes; (3) not to interfere or disrupt networks connected to the Site; (4) to comply with all regulations, policies and procedures of networks connected to the Site; (5) not to post any information which is meant to be deceptive or knowingly inaccurate; and (6) to refrain from infringement on any material posted on the  Shortbids.com Site, including information posted by other Members, that is copyrighted, patented, trademarked or similarly protected under proprietary rights or rights of privacy. Member agrees not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member further agrees not to use the Site in a manner that violates any Federal, state or local laws or statute, including but not limited to the sale of any regulated substances. Member email contact information is provided to facilitate the purchase and sale of property posted on the Site. Use of this contact information to transact purchase and sale of property, whether posted on the Site or similar items, is a violation of these Terms of Service. Shortbids.com may terminate any Member's account immediately, in our sole discretion, if we believe that the Member's conduct fails to conform to this Section of this Agreement. Without limiting the foregoing, if Member uses, or attempts to use, the services for any purposes other than our intended purposes, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the services, Member’s account will be terminated and you may also be subject to civil and criminal liability. 

I. NOTICES - DEFINITIONS
Sold Notices and other notices given by Shortbids.com shall be valid when sent by e-mail to the e-mail address registered with Shortbids.com. The term "Buyer", "Bidder", "Seller", and "Member" includes corporations, partnerships, persons, agents, representatives and any legal entity entitled to participate in the Site.  

J. RELEASE AND INDEMNIFICATION
Notwithstanding any other release, agreement to “hold harmless” or indemnification contained herein, Member hereby further waives, releases, forgives, discharges and relinquishes any and all claims that Member now has or may have against Shortbids.com, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any Shortbids.com transaction or the use of the Site. Member hereby agrees to indemnify, defend and hold Shortbids.com, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by, Shortbids.com and/or its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this Agreement, including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction by any other person and/or as a result of the Member taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. Member further agrees to indemnify and hold Shortbids.com, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Site, the violation of these Terms of Service by Member, or the infringement by Member, or other Member of the Site using Member's computer, of any intellectual property or other right of any person or entity 

K. RESOLUTION OF DISPUTES
(a) Resolution of Disputes Generally. MEMBER ACKNOWLEDGES AND AGREES THAT ANY DISPUTE INVOLVING SHORTBIDS.COM SHALL BE RESOLVED SOLELY IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN WYANDOTTE COUNTY, STATE OF KANSAS. MEMBER FURTHER ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS TO ENFORCE THIS AGREEMENT, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS. MEMBER ADDITIONALLY ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE COLLECTION OF FEES DUE TO SHORTBIDS.COM, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, COURT COSTS PLUS AND OTHER FEES.

L. Dispute Resolution Assistance. While Shortbids.com is not responsible for resolution of any disputes between Members, Shortbids.com may at its sole discretion assist Members involved in a dispute. Any assistance requested from Shortbids.com must be in writing for review and consideration. Shortbids.com is in no way responsible for resolving the dispute between Members, nor does assistance provided by Shortbids.com relieve the Members from their responsibilities under these Terms of Service. 

M. NO AGENCY
Shortbids.com is strictly a web site market outlet venue, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between the Member and by these Shortbids.com Terms of Service.  

N. APPLICABLE LAW AND OTHER TERMS
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Kansas. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Shortbids.com failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shortbids.com in writing. Member and Shortbids.com agree that any cause of action arising out of or related to the use of the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and Member and  Shortbids.com forever waives any such cause of action.

 Effective April 18, 2008