Welcome to ModelXchange's Terms of Service. This Agreement describes the terms and conditions applicable to your use of our services at ModelXchange.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 10 days after they are initially posted on our site.

1. Membership Eligibility.
   
   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 (a person under 18 years of age).  If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended ModelXchange members. Only one User Account shall be established per person.
   
    


2. Fees and Services.
   Joining and bidding on items at ModelXchange is free. Our Fees and Credits Policy is available on the site and is incorporated by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least ten (10) days' notice of the changes by posting the changes on the announcements board. However, we may choose to temporarily change our Fees and Credits Policy and the fees 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 announcements board. 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.
   
    


3. ModelXchange is Only a Venue.
   

   3.1 Overview. Our site acts as the venue for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to bid on items. 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.

   
   

   3.2 Safe Trading. Because user authentication on the Internet is difficult, ModelXchange 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. You may also wish to consider using a third party escrow service or services that provide additional user verification.

   
   

   3.3 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 ModelXchange (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.

   
   

   3.4 Information Control. 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 foreign nationals, underage persons or people acting under false pretense.
   
    



4. Bidding and Buying.
   
   
   
   4.1 Obligation. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. 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.
   
   

   4.2 Specific Trading Offenses. Specific Trading Offenses are incorporated herein by this reference. Click offenses to see specific trading offenses.
   
    



5. Listing and Selling.
   
   
   
   5.1 Listing Description. Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for which are soliciting offers to buy). All listed items must be listed in an appropriate category. All Dutch auction items must be identical (the size, color, make, and model all must be the same for each item).
   

   5.2 Binding Bids. 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.

   
   

   5.3 Fraud. Without limiting any other remedies, ModelXchange may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

   
   

   5.4 Manipulation. Neither bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions. (Shill Bidding Is Considered Manipulation.)
    

   
   

   5.5 Surcharging. A surcharge is an additional fee that sellers are not allowed to charge buyers for accepting credit card payments or for accepting payments through PayPal. Surcharging is prohibited outside of the United Kingdom.
    

   
   

   5.6 Specific Trading Offenses. Specific Trading Offenses are incorporated herein by this reference. Click offenses to see specific trading offenses.
   
    



6. Your Information.
   "Your Information" is defined as any information you provide to us or
   other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
   

   6.1 Your Information (or any items listed therein): (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 without limitation 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 pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to 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 auction on a web site other than ModelXchange's; 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.

   
   

   6.2 Solely to enable ModelXchange to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. ModelXchange will only use Your Information in accordance with our Privacy Policy.
   
    



7. Access and Interference.
   
   Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the ModelXchange site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to ModelXchange by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of ModelXchange or the appropriate third party.
   
    


8. Feedback.
   
   You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of "F", your membership will be automatically suspended, and you will be unable to list or bid.
   

   8.1 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by ModelXchange, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between ModelXchange users, you agree that you shall not market or export your ModelXchange feedback rating in any venue other than ModelXchange.

   
   

   8.2 Import. We do not provide the technical ability to allow you to import feedback from other websites to ModelXchange because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

   
   

   8.3 Feedback Responsibility.You are responsible for your own words. Your comments will be attributed with your name and the date. ModelXchange cannot take responsibility for the comments you post here, and you should be careful about making comments that could be libelous or slanderous. To be safe, make only factual, emotionless comments. You will not be able to retract or edit your Feedback once posted. Think before you leave Feedback. Contact your trading partner directly by email or by telephone if you have a dispute before leaving Feedback. Simple misunderstandings are often resolved through direct communication. (Retaliatory feedback is cause for suspension.)
    



9. Doing business with an employee
   
   You may find yourself trading with a user who is also an employee of the parent company, RENS Management, LLC (RENS). RENS employees must follow strict rules when buying and selling on the ModelXchange. The following are the rules that RENS employees must follow to use this auction venue.
    
   
   
   
   • Employees of RENS are held to the highest standards of conduct on our auction site. Employees are to abide by the terms of this agreement.
     
   
   
   • Employees are subject to all the fees and policies for using this auction venue.
   
   
   • RENS employees must use a non-auction venue email address to conduct business on the auction site.
   
   
   • When a RENS employee bids on or purchases an item, the employee must email the seller with a link to this section, and when a RENS employee lists an item for sale, the employee must include the link to this section in their listing.
   
   
   • RENS employees who have administrative rights on the auction system cannot bid on reserve price items until the reserve has been met, unless they choose to purchase via Buy It Now or other fixed price item. Should a seller disclose their reserve amount, either in their listing or via email to the employee, the employee is allowed to bid the reserve amount or higher.
      
   
   
   
   


10. 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 financial loss or legal liability for you, our users or us.
    
    
    
     


11. 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 which vary from state to state.
    
    
    
     


12. 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 limitation of liability, so the foregoing limitation may not apply to you.
    
    
    
     


13. Indemnity.
    
    You agree to indemnify and hold us and our 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.
    
    
    
     


14. Legal Compliance.
    
    You shall comply with all applicable 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.
    
    
    
     


15. No Agency.
    
    You and ModelXchange are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
    
    
    
     


16. Notices.
    
    Except as explicitly stated otherwise, any notices shall be given by postal mail to ModelXchange. (in the case of ModelXchange) or to the e-mail address you provide to ModelXchange during the registration process (in your case). Notice shall be deemed given 36 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ModelXchange during the registration process. In such case, notice shall be deemed given 10 days after the date of mailing.
    
    
    
     


17. Arbitration.
    
    Any controversy or claim arising out of or relating to this Agreement or 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 Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or ModelXchange may seek any interim or preliminary relief from a court of competent jurisdiction in Washington necessary to protect the rights or property of you or ModelXchange pending the completion of arbitration.
    
    
    
     


18. General.
    This Agreement shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington 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. 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.
    
    
    
     


19. Disclosures.
    
    The services hereunder are offered by the ModelXchange, a d/b/a of
    RENS Management LLC, located at 12731 318th Ave NE, PO Box 321, Duvall, WA 98019.