General Terms and Conditions

myMallAuction.com  is owned and operated by E-ResourceNet.Com^sm

This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.

myMallAuction.com acts as the window for sellers to conduct auction-style activities and for bidders to bid on sellers' auction items.

We are not involved in the actual transaction between buyers and sellers, with the exception of E-ResourceNet.Com business transactions for products and services it offers via this website. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.

We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.

In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.

myMallAuction.com or its parent company (E-ResourceNet.Com) shall not be responsible for any items sold by Auction or regular sales methods, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller.

We shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. 
myMallAuction.com or its parent company assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.

Acknowledgement
By using this site, you acknowledge that myMallAuction.com is during business as E-ResourceNet.Com and all payments you make to us will list E-ResourceNet.Com as the merchant on your credit card and bank statements. 

You also acknowledge that by using this site you are aware of and agree to myMallAuction.com parent E-ResourceNet.Com listing items on this site for sale and/or auction.

You understand we are not a traditional auction service and only acts as an e-commerce platform for on-line buying, selling, bidding, and swapping activities.

You also understand that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Rights To Suspend or Terminate
You agree that this E-ResourceNet.Com, in its own discretion, may terminate any auction or use of the service immediately and without notice if :
(a) We believe that you are not abiding by the general rules of this web-site or federal laws;
(b) You have repeatedly broken a certain term;
(c) You have listed a suspicious or illegal item; and 
(d) We believe you to be a non paying bidder.

In most cases when we suspect foul play we will suspend your account/listing while we investigate further. If our investigation is conclusive then your account with us will be terminated.

Your Conduct
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.

You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.  Additionally, you will not 1)manipulate the price of any item or interfere with other user's listings; 2)post false, inaccurate, misleading, defamatory, or libelous content (including personal information); 3)post content or items in an inappropriate category or areas on the Site; 4)violate any laws, third party rights, or our policies.; 5)circumvent or manipulate our fee structure, the billing process, or fees owed to us; 6)use the Site if you are not able to form legally binding contracts, are under the age of 18; 7)fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; 8)take any action that may undermine the feedback or ratings systems; 9)distribute or post spam, chain letters, or pyramid schemes; 10)distribute viruses or any other technologies that may harm our site or property of our users; or 11)harvest or otherwise collect information about users, including email addresses, without their consent.

You must not post, buy or sell any of the below Prohibited Items items or services:

• Academic software


• Alcohol/Wine


• Anti-circumvention -...unauthorized copies or tools to make unauthorized copies of copy righted CDs, CD-ROM, DVDs, video games, software


• Downloadable Media - unauthorized


• Paraphernalia - ...drug paraphernalia, as defined in 21 U.S.C. 863


• Electronics Equipment -unlawful - ...electronics equipment deemed unlawful by the Federal Communications Commission (FCC) or federal and state agencies.


• Embargoed Goods and Prohibited Countries


• Encouraging and conducting illegal activities


• Firearms, Weapons and Knives


• Food - regulated - ...the sale of any food that is regulated by the federal government and state governments


• Government and Transit Uniforms - ....article of clothing or identification relating to transportation security or employment with any transportation related industry.


• Hazardous Materials - ...hazardous or dangerous goods (such as explosives, radioactive materials, flammable gases, liquids and solids, and toxic substances) may pose a danger to health or safety


• Lock-picking Devices


• Mature Audiences - ...materials adult in nature or otherwise not appropriate for minors (individuals under 18 years of age.


• Offensive Material - ...items that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations with such views.


• Prescription Drugs


• profanity or patently vulgar language - ...use of language that is racist, hateful, sexual, or obscene in nature in a public area.


• Stolen Property


• Tobacco - ...cigarettes, cigars, smokeless tobacco or coupons for such items.

Membership
Membership to myMallAuction.com is only available for those who can form a legally binding contract. This web-site does not permit minors (under 18) to register. If any member fails to signup with their correct age the account will be terminated immediately. 

When you add contents to our site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in the content, in any media.  

Liability

Right To Change or Cancel

We reserve the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the site for changes.   We retain the right, but does not have the obligation, to immediately halt any merchant activity or product sale, prevent or restrict access to the Site or Services, and we may take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, product inaccuracies, unlawful items, items, procedures, actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of E_ResourceNet.Com, and to correct any inaccurate listing, inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site.

Eligibility

Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to E-ResourceNet.Com that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.

Password Security. 

The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and E-ResourceNet.Com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Third Party Service Contracts

Laws
These Terms of Service shall be governed by and constructed in accordance with the laws of Texas.