User Agreement for HOA

THE FOLLOWING DESCRIBES THE TERMS UPON WHICH HOOKEDONAUCTIONS.COM (KNOWN HEREAFTER AS "HOA") OFFERS YOU ACCESS TO OUR SERVICES.

This Agreement contains the terms and conditions applicable to your use of the services available under the domain name of www.hookedonauctions.com . If you do not agree to be bound by these terms and conditions, do not use or access our services. You must read, accept, and agree with all of the terms and conditions in the Agreement and the Privacy Policy before you become a user of HOA. We may amend this Agreement at any time by posting the amended terms on our site. All amended terms shall be effective 30 days after being initially posted on our site. This agreement is effective on Jan. 5, 2003 for all users.

1) Auction Listing Eligibility- Our auction listing services are available only to individuals who are legally licensed Auctioneers in their state of residence, and who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to those whose use of HOA services has been suspended. Your account and user ID are not to be sold or transferred to another party. If you are registering as a business entity (i.e. an "Auction House"), you represent that you have the authority to bind the Entity to this Agreement, and that a legally licensed Auctioneer is conducting the auction".

2) Fees and Services- Registering to list, or search for, auctions on HOA is free. Any fees for listing (or advertising) auctions is plainly shown on the "Enter A New Auction" page for auctioneers. There is no charge or fee for the general public who may be searching for auctions to attend. We may change our fees, or Credit Policy, and the fees for our services periodically. We may choose to change our fees or Credit Policy, or the fees for our services for promotional events, and such changes are effective when we post the temporary promotional event for users to see. When auctioneers list an auction, they have the opportunity to review and accept the fees that they will be charged for the use of our auction listing services. We may in our sole discretion change some or all of our services at any time. In the event a new service is introduced, fees for that service are effective at the launch of that service. All fees are quoted in US Dollars. You are responsible for paying all fees associated with using our service, web site, or any applicable taxes.

3) HOA is a venue, not an Auctioneer- Our site acts as a venue for legally licensed auctioneers to advertise their live, in-person auctions. We are not involved in the actual transaction between a buyer and a seller. As a result, we have no control over the quality, safety, or legality of the items listed, the truth or accuracy of the listings, and the ability of auctioneers to sell items, or of buyers to buy items. We cannot ensure that a seller or buyer will actually complete a transaction. Because we are a venue, in the event you have a dispute with one or more users, you release HOA (and our officers, agents, joint ventures and employees) from claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, suspected and unsuspected, arising out of or in any way connected with such disputes. We do not control the information by users that is made available through our site. You could find user's information to be harmful, inaccurate, or deceptive. Please use caution and common sense when using our site.

4) Auction Searches- The portion of our web site used by the general public is to be used strictly for the purpose of finding an auction to attend within a chosen geographic area or containing certain items.

5) Listing Auctions- You must be legally able to sell the items you list for sale on our site. You should accurately describe what will be available for sale, and the terms of the sale in the "Text" portion of our Auction Listing page. Your listings may only include text descriptions, graphics, and other content relevant to the items actually available for sale. All items should be listed with an appropriate category. 5.1 Fraud Without limiting any other remedies, HOA may suspend or terminate your account if we suspect that you have, or are engaging in, fraudulent activity in connection with our web site. 5.2 Manipulation Neither auctioneers nor the general public may manipulate or interfere with an auctioneer's listing an auction, or the public's ability to set, or change, their preferences.

6) Your Information- 6.1 Definition-Your Information is defined as any information you provide us in the registration or listing process, or through any email feature. You are solely responsible for your Information, and we act as passive conduit for your online distribution and publication of your information. 6.2 Restricted Activities- your Information (or any items listed) and your activities on the site shall not (a) be fraudulent or involve the sale of counterfeit or stolen items (b) be false, inaccurate, or misleading (c) violate any law, statute, ordinance or regulation (d) be obscene or contain child pornography (e) contain any viruses, "Trojan Horses", worms, time bombs, cancellbots, easter eggs, or other computer programming routines that could damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information (f) create liability for us or cause us to lose (in whole or in part) the services of our ISP or other suppliers and (g) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.

7) Access and Interference- You agree that you will not take any action that poses an unreasonable or disproportionately large load on our infrastructure. Most information on our site is updated on a real-time basis and is proprietary or licensed to HOA by our users or third parties. You agree you will not copy, reproduce, alter, modify, or publicly display any content (except your information) from our web site without the prior expressed written permission of HOA or the appropriate third party.

8) Breach- Without limiting other remedies, we may immediately remove your auction listing(s) or search preferences issue a warning, or temporarily or indefinitely suspend or terminate your relationship with HOA, and refuse to provide our services if: (a) we are unable to identify or authenticate any information you provide to us (b) you breach this Agreement or the documents it incorporates by reference or (c) we believe that your actions may cause financial loss or legal liability to you, us, or our users.

9) Privacy- We will not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in our Privacy policy. We view protection of our user's privacy as a very important principle. We understand you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical and technological security devices.

10) No warranty- HOA, OUR OWNERS, AND OUR EMPLOYEES PROVIDE OUR SERVICES AND WEB SITE "AS-IS"- WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY.

11) Liability limit- in no event shall HOA, our owners, employees, or 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 HOA, our owners, employees, and 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) $500.

12) Indemnity- You agree to indemnify and hold HOA, our owners, employees, and suppliers harmless from any claim or demand including reasonable attorney's fees made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

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

14) Arbitration- Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by HOA to collect our fees and/or recover damages for, or obtain an injunction relating to the HOA site operation, intellectual property, and our services, shall be settled by binding arbitration in accordance with 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 Cleveland, Ohio and the judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or HOA may seek an interim or preliminary relief from a court of competent jurisdiction in Cleveland, Ohio necessary to protect the rights or property of you or HOA pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.

15) Additional terms- The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the specific services offered on our site: Privacy Policy, Outage Policy, Listing Policy. Each Policy could be changed from time to time and are effective immediately after we post the changes on our site, except for the Privacy Policy, for which we will provide you with 30 days prior notice.

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

17) Disclosures- The services described are offered by A E & G of Ohio LTD, located at 33062 Chestnut Ridge, No. Ridgeville, Ohio 44039.