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Terms and Conditions

This User Agreement shall hereafter be referred to as the "Agreement". This Agreement explains and describes the conditions which apply to your use of our services on Lucky Buck Ads, LLC web site. By registering and / or using this site, you accept the terms and conditions of this Agreement, in entirety. If you do not accept these terms and conditions, or should you have questions related to any of Lucky Buck Ads, LLC policies, please contact us. 

Please see our Privacy Policy, which hereby becomes incorporated into these Terms of Use, by reference.

Acceptance of Terms: Each time you use or access Lucky Buck Ads web site, you agree to be bound by these Terms & Conditions, and agree Lucky Buck Ads, LLC may amend this Agreement at any time by posting the amended terms on our site.You will be subject to any rules, guidelines, or applicable changes to services and they shall be incorporated by reference. We provide our web site and services to you on an "as is" basis. You agree that the owners of this web site exclusively reserve the right at any time, without any notice and liability to you; modify or discontinue this web site, the web site services, or delete data stored which you have provided us, whether it be temporary or permanent. Lucky Buck Ads has no responsibility nor liability for the deletion, failure to store, innacuracy, timeliness, or improper delivery of any data, information, or it's transmission.

A. Membership Eligibility: Lucky Buck Ads, LLC services are available ONLY to parties who can form legally binding contracts under applicable laws, as well as successfully complete contracts/transactions successfully. Without limiting the foregoing, our services are not available for minors under age 13. If you do not qualify, please do not use our site or site services.

B. Fees: Registering for membership is free. Unless otherwise stated, all fees are in US Dollars (USD). You are responsible for paying any and all applicable taxes, and for all software, hardware, service and other costs you incur when you bid, buy, or procure a listing from Lucky Buck Ads, LLC. Lucky Buck Ads, LLC. Lucky Buck Ads, LLC may at any time add, change, or delete some or all of our services, at any time, without notice.

C. Your Conduct: You agree that all information / data of any kind, be it text, software, code, music or sound, photos, graphics, video, or other materials (Content), whether provided publicly or privately, is the sole responsibility of the person who is providing the content, or the person whose user account was used. We shall not be responsible to you in any way for the content that appears on this web site, or for errors or omissions.

D. Content Submitted to Lucky Buck Ads, LLC - By providing any content to our web site, you agree to the following: 1. To grant Lucky Buck Ads a worldwide, royalty free, perpetual, non-exclusive right and license (including moral rights or other rights) to use, reproduce, display, modify, adapt, publish, distribute, promote, perform, archive, translate, and to derive works from, in whole or in part. This license applies in respect to any form of media, technology, present or future. 2. You warrant and represent that you have legal, moral and other rights necessary to grant us with the license set forth in this section. 3. You also acknowledge and agree that Lucky Buck Ads, LLC shall have the right, but not the obligation, in our discretion, to refuse to publish or to remove or block access to content that you have submitted, at any time, for any reason, with or without notice. 

E. Lucky Buck Ads, LLC - Venue: Our site is a venue for sellers to place classified ads and conduct auctions, and for bidders to view classified ads and bid on sellers auctions. Lucky Buck Ads, LLC is in no way involved in the actual transactions that take place between the parties. Lucky Buck Ads, LLC has no control over the legality, safety or quality of items advertised in classified ads or auctions; nor the truth or accuracy of listings, the ability of a seller to sell items or the ability of a buyer to buy items. Therefore, Lucky Buck Ads, LLC has no control over transactions, the sale of any item offered, or making sure a buyer will complete the purchase of items they may have bid on. You expressly understand and agree that there are risks of dealing with foreign nationals, people acting under false pretense, and underage persons. We do not and cannot confirm that each user is who they claim to be, as verifying user authentication on the internet can be difficult. Users of our site must take caution and be careful in dealing with others, to avoid and prevent fraud. Our web site contains the ability to leave feedback for buyers & sellers, which can help you evaluate who you are dealing with. Please practice safe trading. If you are dealing with a high dollar item, or you feel that you need the services of a third party escrow service or services that willprovide to you additional user verfication.

Lucky Buck Ads, LLC will not and cannot be involved in user to user dealings, and therefore, in the event that you have a dispute with one or more users, you release our agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, either known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Use of common sense and caution should be used while you visit Lucky Buck Ads, LLC; other people's information may be considered offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. 

You agree that you will not send or post any item or material that is abusive, threatening, obscene, or illegal. You also agree not to defame organizations or other individuals. Lucky Buck Ads, LLC does not have a policy on censorship and do not pre-view postings / listings , we reserve the right but are in no way obligated, to delete any material that is brought to our attention that violates these Terms & Conditions, or is otherwise considered objectionable. You agree that you yourself must evaluate and bear any and all risks associated with the content, including any reliance on the accuracy, usefulness and completeness of content.

F. Indemnification: You agree to hold harmless and indemnify Lucky Buck Ads, LLC, our subsidiaries, affiliates, related parties, officers, directors, employees, owners, agents, independent contractors, advertisers, partners, and co-branders from any demand or claim, which includes reasonable attorney's fees, that may be made by a third party, which may be due to or arising out of your conduct or in connection with our web site or services, your content, your violation of this Terms & Conditions, or any other violation of the rights of another person, party or other. You shall remain solely liable for the content that you upload or transmit to any forum, blog, message board, chat forum/room or any other interactive areas of the site. You agree to indemnify and hold harmless Lucky Buck Ads from any claim, loss, demand, action, loss, expense or damages (including attorney fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms, or your violation of any rights of a 3rd party. In the event you should have a dispute with one or more users, you hereby release Lucky Buck Ads from claims, demands, and damanges (actual and consequential) of every kind and nature, unknown or known, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

G. Buying & Bidding: At the end of an auction, if you have the highest bid, at or above the minimum bid amount (or in case of reserve auctions - at or above the reserve price), and your bid is accepted by the seller, you are obligated to finalize and complete the transaction. Bids are not retractable unless there are exceptional circumstances, like the bidder changing the description of an item after your bid, typographical errors, or when you cannot authenticate a sellers identity. It is forbidden from bidding in a manner that pulls other bidders to their maximum bid, retract the high bid, and then rebid at small increments above a legitimate high bidder (this is bid manipulation). Further, if you bid on adult items, you are certifying that you have the legal right to purchase items intended for adults only.

H. Selling & Listing: Listings are considered descriptions by text, graphics and photos on our web site that are supplied by you that either. A) Describe the item or service you are listing for sale or for auction using text, or B) link to text, picture(s), graphics describing the item or service listed. You are allowed to post on our site either or both of these types of listings, provided that you place such listings in categories which are appropriate.

Sellers must list an item or service, or collection of items and services. However, if a collection of items is being listed or auctioned, the seller must quanitfy / or identify the individual items being offered within the collection. i.e., for the listing of a Video Tape collection, the description must give either the number of video tapes being sold, the Video Tape titles, but if at all possible, both. It is too difficult for buyers to bid on items that are listed as a lot, without proper description. As well, services offered must be quanifiable. A listing for Yard Cleaning Services needs to specify either a. the quantity (amount of hours) or b) the identity (up to 1/2 acre) of service being sold. 

If, in the opinion of Lucky Buck Ads, LLC, a listing does not meet the criteria listed above, the listing can be deleted at any time. All Dutch auction items /listings must be exactly the same (in color, size, make and model).

If you receive one or more bids at or beyond 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 high bidder; unless there are exceptional circumstances involved. For example, a buyer fails to meet the terms of the listing (payment method, etc) or, if you cannot authenticate a buyer. You are not allowed to email bidders in a current open auction run by a different seller, and offer a similar or the same item at any price level. This is considered bid siphoning. As well, you may not use an alias to place bids on your auction, for any reason.

Should an auction be ended before its scheduled ending (by editing item description or other means) may, at Lucky Buck Ads, LLC discretion, result in the immediate (temporary or permanent) suspension of your Lucky Buck Ads, LLC privileges. Without limiting any other remedies, we may terminate your account should it be found (either by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in any fraudulent activity in connection with our site.

I. Your information: Your information includes information you provide Lucky Buck Ads, LLC or other users during registration, bidding / listing, while using any public areas (including feedback), or any email feature. With respect to such information:

1. You are solely responsible for your information; Lucky Buck Ads, LLC acts as a passive conduit for your online distribution and the publication of it. However, if necessary, we may take any action in respect to your information which we deem necessary or appropriate in our discretion, if we believe it may in any way create liability for us, or may cause us to lose (in part or whole) the services of our ISP's or other entities.
2. Your information as well as the sale of the items you list on our site (a) shall not be fraudulent in any manner, nor involve the sale of conounterfeit, contraband, stolen items. As well, it is prohibited for sellers to list prescription drugs or controlled substances (or their components), including medications that include pseudoephedrine or ephedrine. As well, pet medications, livestock medications which require a prescription from a licensed vet are also not allowed. As well, listings that contain information making reference or purporting to facilitate transactions involving those types of substances are strictly not permitted. (b) infringement is strictly not permitted on any third party's copyright, patent, trademark, trade secret or any other proprietary rights or other rights of publicity or privacy (c) no laws, statute, ordiance or regulation shall be violated (including & without limitation those governing export control, consumer protection, unfair competition, false advertising or antidiscrimination) (d) Not be defamatory, unlawfully threatening, trade libelous or unlawfully harassing; (e) Shall not be obscene or contain child pornography or be in any way harmful to minors (f) shall not contain any Trojan horses, viruses, time bombs, worms, cancelbots or other malicious computer code, emails, programming routines that are intended to damage, interfere with intercept or expropriate any system, data or personal information (g) Shall not link directly or include any descriptions or goods or services that : (i) are exact to other items you have up for sale but may be priced lower than your item's reserve or mimimum bid amount (j) Which are concurrently listed for auction on other web sites aside from ours (k) You do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any item that could cause us to violate any applicable law, statute, ordinance or regulation, irregardless if you pay us the listing fee or final value fee.

J. No Price Manipulation: No manipulation of pricing by sellers should be used in pricing their item, by using a shill, secondary account, or another third party, or by bidding themselves.

K. Reservation of Rights: Lucky Buck Ads, LLC reserves all of our rights, which includes but is not limited to; any and all copyrights, trademarks, patents, trade secrets, or any other proprietary rights that we may have in our web site, it's content, and any of its services that may be provided. The use of our rights and property requires our prior written consent. Therefore, we are absolutely not providing you with any implied or express licenses or rights, by making services available to you, and you will have no rights to make any commercial uses of our site or service without our prior written consent. 

L. Integrity (System): You are strictly prohibited from using any device, mechanism, or software to interfere or attempt to interfere with the operation of our software, server, or any auction being conducted on our site. You may not take any action which may impose an unreasonable or heavy load on our infrastructure. You may not share your password with any third parties or use your password for unauthorized or fraudulent purposes.

M. Feedback: You are not to take actions which may counteract the integrity of our feedbacksystem; such as leaving positive feedback for yourself using secondary or third party accounts, leaving negative feedback for other users using secondary or third party accounts (bombing), or leaving negative feedback if a user fails to perform an action that is outside the realm of the auction (extortion). If you earn a negative feedback of negative four transactions, your account will be automatically suspended, and you will be unable to participate in Lucky Buck Ads, LLC web site, sell or bid. User feedback scores are designed for the purpose of facilitating trading and informing our users, should we find that you are marketing or promoting your feedback rating anywhere else other than our site, it is at Lucky Buck Ads, LLC discretion whether we choose to terminate your account.

N. Breach of Agreement: Lucky Buck Ads, LLC may issue a warning, or may temporarily suspend, indefinitely suspend or initiate termination of your membership, your current auctions, and any other information you've placed on the site, if you breach this agreement, or if we are unable to verify or authenticate any information you provide to us. Further, if we find that you have provided untrue or fradulent information with us, this is considered a breach and will be treated as such.

O. No Warranty: Lucky Buck Ads, LLC and our counterparts provide this web site. As such, our services are provided "as is" and without any warranty or condition, express or implied. Further, Lucky Buck Ads, LLC and our counterparts (supppliers) specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.Your state may not allow the disclaimer of implied warranties, in whch case the foresaid disclaimer would not apply to you. This warranty gives you sepcific legal rights and you may also have other legal rights which vary from state to state.

P. Limit of Liability: In no event shall Lucky Buck Ads, LLC or our suppliers be responsible or liable for any lost profits, special, incidental or consequential damages (including negligence) arising out of or in connection with this agreement. We make absolutely no guarantees, implied or express, that any part of our service will be uninterrupted, free from error, nor that any content is safe in any manner, or for download. Our liability and the liability of our suppliers, to you or any third parties in any circumstance, is limited to the greater of 1. The amount of fees you to pay to us in the 12 months prior to the action giving rise to liability and 2. $100. Your state may not allow the limitation of liability, in which case this limitation would then not apply to you.

Q. Laws - General Compliance: You agree to comply with all applicable laws, ordinances, statutes, and regulations regarding your use of our service and your bidding, lising, purchase and sale of of items on our site.

R. No Agency: You and our company are independent contractors; and no agency, partnership, joint venture, employer/employee or franchisor/franchisee relationship is intended or created in any way, by this agreement. 

S. General: We cannot and do not guarantee, uninterrupted, continuous, or secure access to our services. Operation of our site may be interfered with by many outside factors, which are out of our control. Should any provision of this agreement is held to be invalid or for whatever reason, unenforceable, such provision shall be struck and remaining provision shall be in full force and effect, and enforced. Headings are for reference purposes only and in no way are meant to define, limit, consture or describe the scope or extent of a section. Our failure to act with respect to a breach by you or any other does not waive our right to act with respect to subsequent, future, or similar breaches. This agreement sets forth the entire understanding and agreement between us in respect to the subject matter hereof. 

T. Applicable Law: You agree that Lucky Buck Ads, LLC Terms & Conditions and any dispute which may arise out of your use of our web site, products or services shall then be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located; without regard to its conflict of law and provisions. Therefore, by registering or using our web site, services, or products, you agree and consent and submit to the exclusive jurisdiction and venue of the city or county where the headquarters of the owner of Lucky Buck Ads, LLC web site is located.

U. Miscellaneous Information: In the event that this Terms & Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the matter, or the parties, such provision will be interpreted to reflect the original intentions of the parties, in accordance with applicable laws, and the balance of the Terms & Conditions will remain valid, intact, and in full force. Further, the failure of either party to assert any right under this Terms & Conditions shall not be considered a waiver of any party's right, and that right will remain in full force and effect. You agree that, without regard to any statutory or contrary law, that any claim or cause arising from Lucky Buck Ads, LLC web site or its services must be filed within (1) year after such claim or cause arose or the claim will be forever barred. You agree that Lucky Buck Ads, LLC may assign our rights and obligations under this Terms & Conditions and we shall be relieved of any further obligation, what-so-ever. 

V. Refund Policy: Lucky Buck Ads, LLC provides an advertising service to the advertiser. Acceptance of your ad by Lucky Buck Ads, LLC and publication on our site, whether it has been viewed by 3rd parties or not, does constitute use of this service. Refund requests will be reviewed on a case by case basis by Lucky Buck Ads, LLC. It shall be at the discretion of Lucky Buck Ads, LLC if a refund is applicable on a case by case basis. If you think you are entitled to a refund, you must submit a written request with details and reasons, by emailing Lucky Buck Ads, LLC. If you violate terms and are subject to having your ad(s) deleted, there will be no refunds given for any special upgrades you may have paid for.

Contact Information: luckybuck@cybermesa.com 

W. If you have any questions regarding the Site User Agreement or Terms and Conditions, please contact Lucky Buck Ads, LLC at the above provided email address.

X. Rules of Online Behavior: Lucky Buck Ads, LLC does not screen or edit messages posted in message boards, comments made in chat rooms/forums, blog entries, or any other user-created content. However, Lucky Buck Ads does reserve the right to monitor said content and to remove any objectionable material at any time, at our sole discretion. By viewing and / or participating in message boards, forums, chat rooms, blogs, or any other service provided by Lucky Buck Ads, LLC, you do acknowledge that you may encounter material that you may find offensive. Lucky Buck Ads hereby disclaims any responsibility for said material.

By Paricipating in any service of Lucky Buck Ads, LLC, you agree not to: 

1. Use any service of Lucky Buck Ads unless you are a member in good standing.
2. Attach files to messages that contain viruses, corrupted files, or any other similar software or program which may adversely affect our services or another's computer. 
3. Participate in a way to undermine the operation of Lucky Buck Ads, it's forums, chat room, blog, or any other service. 
4. Use a message board, chat room, blog or other service to harass others.
5. Use Lucky Buck Ads for any inappropriate, defamatory, libelous, infringing, threatening, obscene or unlawful material or information. 
6. Violate copyright law or any other intellectual property law.
7. Violate any criminal statute
8. Promote violation of this agreement. Further, any attempt to manipulate forum rankings by artificially or otherwise inflating counts of visitors, messages, postings or other items used to determine forum standing, will be considered a violation of this agreement, as well as subject to any / all punitive actions specified herein for violations, including closure of forum and termination of account.

Lucky Buck Ads disclaims all liability for messages appearing on our message boards, comments made in chat rooms, blog entries and comments, RSS feeds, and any other materials created by Lucky Buck Ads. Lucky Buck Ads has absolutely no responsibility for such content, and merely provides access to content as a service to you.

By participating in Lucky Buck Ads or any of our services, you agree not to impersonate any person, entity, or otherwise falsely represent your affiliation with any person or entity.

Message boards, chat forums/rooms, blogs or other services provided by Lucky Buck Ads may not be used for unauthorized commercial purposes. If, in the discretion of Lucky Buck Ads, you are found to be using Lucky Buck Ads for any inappropriate commercial purpose, Lucky Buck Ads reserves the right to take action to end activity.

If Lucky Buck Ads may terminate your membership at any time if Lucky Buck Ads, in its sole discretion, believes that you have violated any of the terms of this agreement, or that you engaged in any behavior that Lucky Buck Ads believes, in its sole discretion, is harmful to Lucky Buck Ads.

Y. Rules regarding E-Commerce Advertising: If a seller wishes to advertise E-Commerce (or any related subject matter), they must purchase Storefronts to do so. Persons listing E-Commerce ads/auctions without purchasing Storefronts may have their ads / auctions edited or deleted, and risk being banned from our site.

Z. Links & URLS within ads/auctions: If a seller wishes to put a link or URL to their own web site (personal or business), they must purchase Storefronts to do so. Persons putting links or URL's within ads or auctions and not purchasing Storefronts may have their ads / auctions edited or deleted, and risk being banned from our site.