THE FOLLOWING DESCRIBES THE TERMS ON WHICH CLECOAUCTION OFFERS YOU ACCESS TO CLECOAUCTION'S SERVICES.

This User Agreement (defined below) describes the terms and conditions applicable to your use of ClecoAuction's Services. Please read it carefully. When you click on the "Place Bid" button on the registration page, you are entering into a legal contract with ClecoAuction in which you agree to abide by this Agreement in all aspects of your use of ClecoAuction's Services. Anyone using ClecoAuction to list an item for sale or to execute a bid for an item will be deemed to have consented to this Agreement. If you do not agree to these terms and conditions, you may not register with ClecoAuction or use any of ClecoAuction's Services. As used in this Agreement, "you" and variants thereof refers to an individual acting on the individual's own behalf or to an agent of a person or entity that has authorized the agent to act on that person's or entity's behalf. As used herein, the term "Agreement" means this User Agreement and the Privacy Policy as well as other terms, conditions, and rules that may be published or displayed on this Web site (the "Site") from time to time by ClecoAuction.

This Agreement applies to your use of ClecoAuction, including the buying, selling and listing of items and any other services (collectively, the "Services") offered on the Site. The Services are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained in this Agreement. Your use of ClecoAuction and the Services constitutes your binding consent to all such items, conditions and notices.

1. Membership.

• 1.  Eligibility: The Services provided by ClecoAuction are only available to persons who can make  legally binding contracts. The Services provided by ClecoAuction are not available to minors and/or those individuals under the age of 18 years old and any other individuals who are legally prohibited from entering into binding contracts.






• 2. Registration: Anyone wishing to use ClecoAuction must first register with ClecoAuction as a  member. To register users must go to the Register button and fill out the registration form. Information marked mandatory must be filled out in order for a user to be considered for membership. Optional information is used by ClecoAuction to provide more efficient service to its members.
  
  




• 1.  Your Information. The information you provide to ClecoAuction or other users in the registration, bidding or listing process, in any public message area or through any email feature (a) shall not be false, inaccurate or misleading; (b) shall not involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any 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, threatening or harassing; (f) shall not contain any viruses, corrupted files or other computer programming routines that may damage the operation of another's computer; and (g) shall not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement; (ii) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (iii) are concurrently listed for auction on a Web site other than ClecoAuction's; or (iv) which you do not have a right to link to or include. Furthermore, you may not list any item on ClecoAuction's Site (or consummate any transaction that was initiated using ClecoAuction's service) that, by paying to ClecoAuction the listing fee or the final value fee, could cause ClecoAuction to violate any applicable law, statute, ordinance or regulation.
  
  


• 2. Other Users' Information. In order to facilitate the auction process, ClecoAuction allows you to access other users' contact information. Sellers and bidders will be sent via email the User ID, email address and other information of the other party. By entering into this Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through a ClecoAuction related communication or ClecoAuction facilitated transaction, ClecoAuction hereby grants to you a license to use such information only for ClecoAuction related communications that are not unsolicited commercial messages. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this section, may you disclose personally identifiable information about another user to any third party without ClecoAuction's consent and the consent of such other user after adequate disclosure.
  


• 3.  Spamming. Spamming is prohibited. Therefore, without limiting the foregoing, you are not licensed to add a ClecoAuction user - even a user who has purchased an auction item from you - to your mail list (email or physical mail) without their express consent after adequate disclosure.








• 3. Breach of User Agreement.
  
  ClecoAuction reserves the right, in its sole discretion, to terminate, suspend or limit your access to ClecoAuction's Site, at anytime, with or without notice, if you breach any of the terms of this Agreement.

3. Venue Statement for Seller (future) Sellers Overview.

ClecoAuction's Site is an online auction site. It acts as a venue for sellers to list items and buyers to bid on items. ClecoAuction is not involved in the actual transaction between  buyers and sellers, and ClecoAuction does not own or handle the merchandise sold through its Site. As a result, ClecoAuction has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, or the ability of sellers to sell items or the ability of buyers to buy items. ClecoAuction cannot ensure that a buyer or seller will actually complete a transaction.

• 1. Safe Trading. ClecoAuction cannot and does not confirm each user's purported identity. It is your responsibility to determine for yourself if the parties you are dealing with are who they purport to be and whether they are trustworthy. ClecoAuction has no responsibility or liability for any seller or the relationship between sellers and buyers.
  


• 2. Release. Because ClecoAuction is 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 ClecoAuction (and ClecoAuction's officers, directors, agents, subsidiaries, affiliates, and employees) from claims, demands and damages (direct, indirect 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. If you are a California resident or a resident of another state with a similar statute, 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,” or the similar statue of such other state, as applicable.
  


• 3. Information Control. ClecoAuction does not control the information provided by other users, which is made available through ClecoAuction's system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and practice safe trading when using ClecoAuction's Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretenses.

Below applies to Buyer and Seller

• 4. Bids. Sellers understand that placing an item for auction obliges a seller to sell the item to the highest bidder. Bidders understand that bidding on an item obliges them to buy at the bid price if that bid is the highest bid made by all bidders. Sellers who refuse to sell, winning bidders who refuse to pay or otherwise complete a sales transaction, and any other members who abuse the Service or otherwise act contrary to the terms of this Agreement may be denied continued membership and access to and use of the Site at ClecoAuction's sole discretion. Furthermore, any party engaging in illegal activities involving the use of ClecoAuction and its Services may be subject to civil and criminal prosecution.




• 5. Fraud. It is illegal to make bids in a false name or by using information that is false. Without limiting any other remedies, ClecoAuction 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 ClecoAuction's Site. It is illegal to make bids in a false name or by using information which is false. If ClecoAuction discovers you are using its Site in a fraudulent manner, ClecoAuction will report your activity to the proper authorities.



• 6. Manipulation. Bid manipulation of any kind is strictly forbidden. Neither bidders nor sellers may manipulate the price of any item nor interfere with other users' listings or auctions. Bid manipulation includes, but is not limited to, shill bidding or the use of secondary registrations, associates or aliases to artificially raise the bidding on an item, bidding on items to maximize other members' bids, or communicating with other bidders with the purpose of manipulating the final purchase price of an item.



• 7. No Professional Advice. Any information supplied by any employee or agent of ClecoAuction, whether by telephone, email, letter, facsimile or other form of communication, is intended solely as general guidance on the buying and selling Services offered through ClecoAuction, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.



• 8. No Guarantees. You understand and agree that ClecoAuction cannot predict or guarantee whether particular goods that you list for sale will in fact receive an enforceable bid at any price. Any suggestion, comment, estimate or prediction by any employee, agent, representative, affiliate or other person acting on behalf of ClecoAuction as to the sale price, if any, of a particular good or goods, is an estimate only and is not binding on ClecoAuction.
  

4. Warranties, Limitation of Liability, Indemnity.

• 1. Disclaimer of Warranties. You expressly understand and agree as follows:
  YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLECOAUCTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  CLECOAUCTION MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLECOAUCTION OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.



• 2. Limitation of Liability.
  IN NO EVENT SHALL CLECOAUCTION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLECOAUCTION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
  IF YOU ARE DISSATISFIED WITH THE SERVICES OR THE SITE, OR ANY PORTION OF THE SERVICES OR SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE SITE.




• 3. Indemnity. You agree to indemnify, defend and hold ClecoAuction, its affiliates, officers, directors, shareholders, agents, partners and employees (each, an "Indemnified Party") harmless from and against any and all claims, demands, costs, damages, expenses, losses, penalties, charges and fees, including reasonable attorneys' fees and costs, incurred by any Indemnified Party arising from any claim, lawsuit or demand made by any third party due to your use of the Services; your connection to the Services; your violation of this User Agreement; your violation of any rights of another; or for the products you buy or sell through this Site.

5. Obligations of Bidder.

Bidding on an item is an irrevocable offer to buy the item at the bid price. If your bid is the highest bid at the end of the auction you are obligated to complete the transaction with the seller. You agree to be bound by the conditions of the sale included in the item's description as long as it does not violate this Agreement or is unlawful.

6. Auction.

• 1. Placing an Item. When a seller wishes to place an item up for auction, seller will notify ClecoAuction of the specifics by filling out the "Sell a Product" Form.



• 2. Sale Terms.






• 1. Once the auction has begun, bidders will bid on items until the close of bidding. When the auction ends, ClecoAuction will notify the highest bidder and the seller that the auction is closed. At that time, the winning bidder will tender payment to ClecoAuction at its offices located at P.O. Box 5000, Pineville, LA 71361 Attn:  Investment Recovery within ten (10) days following the close of the auction. Payment is to be in the form of a certified check, cashier's check, money order, or a corporate check accompanied with a bank letter of guarantee, and must be made payable to ClecoAuction, in an amount equal to the full amount of the buyer's wining bid. ClecoAuction reserves the right to deny any corporate checks and/or any personal checks. Posession of product shall not pass to the buyer until the total amount of the winning bid has been paid to ClecoAuction.



• 2. If payment is not received by the close of the tenth (10th) day following the close of the auction, the winning bid shall be deemed null and void. If the buyer defaults in making timely payment or in any other respect whatsoever, ClecoAuction shall be held harmless against any and all related lawsuits and judgements arising therefrom.

7. Taxes.

Buyer is responsible for paying the entire amount due on its purchase, including any applicable taxes, shipping and other charges assessed by the seller. With respect to applicable taxes, seller will advise buyer subsequently of the exact amount of tax due on buyer's purchase. ClecoAuction has no responsibility whatsoever for any miscalculation or omission by a seller of applicable taxes.