User Agreement Terms: Effective June 1, 2010

Introduction

By using SearchForecast.com and its related sites, services and tools), you agree to the following terms with SearchForecast and the general principles for the websites This Agreement is effective on June 1, 2010, for current users and account holders, and upon acceptance for new users and account holders.

Scope of Terms

Before you may become an Account Holder and member of SearchForecast, you must read and accept all of the terms in, and linked to, this User Agreement and the SearchForecast Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreemen, you agree that this User Agreement and Privacy Policy will apply whenever you use SearchForecast sites or services, or when you use the tools we make available to interact with SearchForecast sites and services.

SearchForecast's Responsibility and Roles

SearchForecast's role is one of a marketplace technology platform where buyers and sellers of websites and web businesses can trade and transact. The SearchForecast AdSense Directory and Marketplace is hosted, technically maintained and serviced platform and in no way is responsible for buyers or seller transaction outcomes, successful or otherwise. SearchForecast doesn't warrant the bona fide nature of the listings yet help provide processes and tools for buyers and sellers to facilate a transaction. Where possible, we monitor listings to ensure conformity to the below listed terms and conditions yet are not responsible for non-compliance, criminal activity or other illegal behaviour occuring on the website without our implicit or express knowledge. SearchForecast is not liable for any violations of rights, loss or reduction in website traffic of a buyer, seller, third party, or other party to the transaction.

For Account Holders

The account holder must be in a real person's name or a name of the registered business entity (business name, corporation, trust, etc) and only each person or business entity can only have one SearchForecast account at any time. SearchForecast retains the right to request further information from the account holder to validate identity (including drivers licence, business registration form, passport and or other official documentation). SearchForecast reserves the right to suspend or terminate an account upon failure to provide identity verification.

Account Holders agree not to:

Use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;

Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity promote their listing exclusively on the SearchForecast website during the term of the contract. Circumvent or manipulate our fee structure, the billing process, or fees owed to SearchForecast; Harvest or otherwise collect information about users, including email addresses, without their consent. Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; transfer your SearchForecast account (including Feedback) and user Account details to another party without our consent;

Exclusivity of Offer, Non-Transferability & Profile Linking Account holders agree not to promote their listing exclusively on the SearchForecast website during the term of the contract. Account holders agree to refrain from linking their listing on SearchForecast or parts thereof to other external websites and or entering into agreements to transfer the listing results to another non-SearchForecast website. These include:
Other domain auction websites and or general auction websites. Other websites containing copyright infringing material. obscene, foul language, voilent, racial discrimatory or pornographic websites with our without images/photography.

Note: Account Holders are allowed to link to pages which improve their visibility, transparency and reputation and generally provide bidders/acquirers with more information. These websites include in nature, (and are not limited to) LinkedIN, Facebook, Google Profiles, Twitter, Social Media sites, profile pages of other websites that explicity provide personal details of the Account Holder and previous achievements. These websites may include blog posts, news websites, online business directories, media coverage, press releases, management profiles and other contextually relevant information from .

SearchForecast team members reserve the right to post comment on the Account Holders website to clarify information and provide analysis for the acquirer/bidder - in an effort to assist buyers who are asking questions and seeking answers. SearchForecast reserves the right to remove comments from account holders if they are personal, libel, incorrect, false, made without fact, and or suspend or terminate an account used to disrupte the sale process and auction marketplace in general.

Allegations of copywrite infringement, felony, fraud or domain theft must be sent explicity to the email address "service at searchforecast dot com"

Buyer Protection

Buyers and sellers share the responsibility for making sure transactions facilitated by SearchForecast are enjoyable and convenient. We strongly encourage buyers to work with sellers before reporting a problem to us or opening a claim relating to an acquisition/disposal of a website.

Caveat Emptor: Buyer Beware & Due Diligence
Bidders should read http://en.wikipedia.org/wiki/Caveat_emptor and understand that it is your responsibility to undertake proper due due diligence when buying a website.

It is the sole responsibility of both buyers and selling using SearchForecast as a marketplace to understand SearchForecast makes no guarantees about delivery of emails which can are often not be recieved, read or opened by other parties such as buyers and sellers.

SearchForecast does not refund fees paid by buyers/sellers if those Account Holders are terminated from SearchForecast for violating the terms and conditions of the marketplace and services herein.

Fees and Services

Joining SearchForecast and bidding on website listing is free. We do charge fees to sellers, such as listing items and for extra promotional opportunities, such as promoting the listing across the AdSense Publishers Directory. When you list your website or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 14 days' notice by posting the changes on the SearchForecast website. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the site.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance).

Listing Rules

Proving SearchForecast information as part of the sign up and registration process grants us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
When you register a listing, you thereby confirm your intention you wish to have your personal contact information sent to the successful bidder.
It is the obligation of the seller to disclose bona fide information as requested in the registration process. It is a stipulation that the seller must not withold information that is important for buyers to make an informed decision on.
The seller is required to possess the right and intent to transact the website they have listed.
The seller is obliged by law to make good on the contract intention by listing a domain and price and thereafter complete the sale to the successful bidder.
Websites must be sold with the domain name and email records and must be able to be transferred from the domain registrar and or hosting company.
The successful bidder is legally obligated to make good on the contract and pay the full consideration equalling the amount of the winning bid or offer.
Account holders are prohibited from promoting the contents of the offer for the sale of a website on another website without the explicit in writing permission by SearchForecast.
SearchForecast reserves the right to take down listings in the marketplace for breaching rules and or failure to rectify breaches of this users agreement and or terms as directed by SearchForecast from time to time.

Auction Rules

It is the requirement of the seller who registers with SearchForecast to set a reserve price and retain confidentiality of the reserve price and not publishing the reserve price in other mediums, offline or online. This reserve price must be equal to or greater than the minimum bid price selected by the seller and is not permitted to change once it has been bid on by a buyer
SearchForecast will only allow the reserve price to be increased by the seller if there has been no bids placed.
Where the reserve price is not reached and the seller's website listing is "passed in", the result is that all accepted offers immediately expire.
The winning bid is the highest bid or in absence of a higher bid, the bid that meets the reserve price. The buyer is obligated to accept the highest bid.
If the seller nominates a 'Acquire Immediately' price, it must an amount which is equal to or greater than the reserve price.
SearchForecast permits the 'Acquire Immediately' price and the reserve price to be lowered, but neither may be changed to an amount lower than the highest accepted bid.

Bidding Rules

As with offline auctions, once a bid has been made, it cannot be withdrawn by the bidder or other proxy representation. The bidder with the highest bid when the auction time expires is legally obligated to pay for the website once the seller has accepted the bid.
Once a seller accepts the bid, they can't reverse their decision regardless of circumstance.
It is illegal for sellers to bid on their own listing either with a supplementary email address/Account Holder's name or in conjunction with another dummy bidder who has no intention other than to raise the price of the bid.
It is illegal to reveal the identity of bidders on SearchForecast by an offline or online methods of communication.
Where a seller does not respond to the buyer within 5 days from the auction ending, the bid is rejected and sale is non-binding.
Once a PayPal confirmation is sent to the seller for 'Acquire Immediately' offers, the transaction is completed and no more bids will be accepted as the seller recieved made a PayPal payment .
When a 'Acquire Immediately' bid is placed, no other bids may be placed until that bid is accepted or rejected.
Once the seller confirms acceptance of a 'Acquire Immediately Bid' the auction is deemed to have expired and the successful bidder has owon the auction.

Below Minimum Bid Offers & Sales

Although SearchForecast will not display publically a bid which is lower than the sellers' minimum offer, we will display the minimum amount required. The minimum offer price may be displayed to the user when they make an offer which is lower than it.
The seller is not obligated to accept the lower bid than the minimum or reserve price yet may enter into a private sale with the bidder.

Offer Rules

SearchForecast will not accept bids which are less than the minimum offer.
Until such time as the seller accepts the offer, the buyer can remove their offer yet are irrevocable once accepted by the seller.

Limitation of Liability

You will not hold SearchForecast responsible for other users' content, actions, or inactions, items they list or their removal or otherwise of allegedly fake websites. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy websites, at anytime, from anywhere, in a variety of pricing formats and locations, such as website stores, fixed price formats, and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell websites, the ability of buyers to pay for websites, or that a buyer or seller will actually complete a transaction or return a website. In some instances, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $10.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the SearchForecast Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the SearchForecast Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, 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 your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

General