The parties agree that the following statements are true:

1. Lithoplanet provides auction services over the internet through its website, http://www.lithoplanet.com. These services enable a Seller to submit products to be sold in an auction-style sale to other users of the website, who are called in this agreement as “Users.”
2. In order to sell products, the Seller fill the “Seller Auction Registration Form" and submits it, in order to create an “Online Auction” (The Seller does not need to Log On the website to submit the form). Seller can submit individual items for sale to be listed in this Auction. All the products submitted compose a “Lot.” The Seller is able to submit up to 10 items per form. If the Seller has more than 10 products to submit, the “Seller Auction Registration Form" needs to be filled again adding the remaining products that compose the “Lot.” Seller supplies descriptions, photos, shipping information, and sale terms of the Lot, and Lithoplanet approves or disapproves the submittion. If the submission is approved, the auction is uploaded on website and Lithoplanet’s Users are allowed to view the Lot and place electronic bids on them. Upon the close of the Auction, Seller is expected to enter into a contractual arrangement with the highest Bidder to sell the item in exchange for the highest bidder's payment of the winning bid to the Seller. The Seller is always free to approve or disapprove the Bidder if there is no agreement with Seller’s Terms.
3. Lithoplanet only provides a forum for consummating transactions, and does not enter into contractual arrangements to buy or sell any products on behalf of its Users or Sellers. Lithoplanet supplies an internet auction service with the purpose to connect Buyers and Sellers, and therefore is subject to periodic outages or technical issues. Lithoplanet does not guarantee that the highest Bidder will pay Seller. Lithoplanet does not guarantee that its services will be available at all times. This agreement contains the terms and conditions under which Lithoplanet permits Users to use its website.

1. "Lithoplanet" means Lithoplanet LLC, a limited liability company organized under the laws of the state of Georgia.
2. "Website" means all content accessible and available under the domain name http://www.lithoplanet.com.
3. "User" and "Bidder" means anyone who access and submites a Bidder form on http://www.lithoplanet.com with the purpose of placing electronic bids to buy products.
4. "Seller" and "Sellers" means any third-party who posts an auction or lot on http://www.lithoplanet.com by submitting a “Seller Auction Registration Form". A “Seller” may also be a “User” or a “Bidder”.
5. "Auction" means any event posted on http://www.lithoplanet.com that allows a Bidder to participate in auction-style timed bidding.
6. "Lot" means any individual item or group of products advertised for sale within an Auction.

Lithoplanet provides an online service connecting an independent Seller and an online Bidder for the purpose of facilitating an electronic transaction between a Seller and a Bidder. Lithoplanet creates a virtual interface to simulate an auction-style sale environment or allow a Bidder to participate in a live auction via means of the internet. Lithoplanet does not supply the descriptions of Lots or Auctions, the website only republishes information provided by the Seller. Lithoplanet does not sell or broker any real or personal property advertised on the website. User places bids at his or her own risk and knows the duty to inspect any products prior to placing a bid.

4. USER REGISTRATION

1. User/Bidder does not need to register for an account on Lithoplanet website to place a bid. The Bidder may place a bid by subimitting a "Register to Bid Form" related to the wanted item.
2. The Seller does not need to register for an account on Lithoplanet website to start selling a Lot or a individual product on our Online Auction. The Seller may sell his or her products by submitting a "Seller Auction Registration Form" on website. Lithoplanet must approve the information submited before posting the Auction on website.
3. Users or Sellers may not submit Bidder forms or Seller forms on Lithoplanet unless the they are over 18 years of age.

During the use of the website, User may not:

1. Use the site for fraudulent or deceptive activities;
2. Use the website to disseminate offensive content, which includes but is not limited to obscenity, threats, harassment, defamatory content, or content referencing illegal activity;
3. Use the website to engage in illegal activity, propose an illegal transaction, or otherwise violate any laws;
4. Republish or redistribute any contents of this website;
5. Appropriate or use any trademarks or service marks published on the website;
6. Alter, modify, copy or otherwise save any software or source code used on the website;
7. Copy, disassemble, duplicate or modify the software or source code used to operate the website;
8. Use automated process, such as macros or applications, to access the website;
9. Use any device, process or software to disrupt or interfere with the operation of the website;
10. Make a false representation to a Seller, including but not limited to placing a bid without intention of entering into a contract with a Seller;
11. Make a false representation to Lithoplanet;
12. Retract bids;
13. Fail to contract with a Seller after having won an auction;
14. Engage in any activity that constitutes bid-rigging;
15. Engage in any other activity which Lithoplanet deems as disruptive to Lithoplanet's services or contrary to the purpose of the website;

• 5% fee of highest bid (winning bid);
• Standard $50 fee for processing for winning bids;
• Plus taxes where applicable;

1. All auctions carried out on the website are deemed reserve auctions unless specifically noted in the auction and/or lot descriptions, and regardless of whether certain lots in an auction may be marked as having a reserve set. The seller and/or Lithoplanet specifically retain the right to place competing bids on the website. These Terms and Conditions govern all auctions held on the website and become part of the terms and conditions of each individual auction held on the website.
2. Lithoplanet reserves the right to modify or extend the closing time of auctions in Lithoplanet's sole discretion.
3. Lithoplanet reserves the right to add or remove lots to auctions at any time.
4. User grants an irrevocable non-exclusive license for Lithoplanet to use, and disseminate any content the User uploads to the website including but not limited to photographs, images, descriptions, and other text.

1. User acknowledges that placing a bid on the website constitutes an electronic agreement with Seller to purchase the product for the amount of the bid. Winners will be announced at the end of the auction. User shall abide by all terms provided by Seller on the auction or lot description. User shall treat all of Seller's provided terms as material under Uniform Commercial Code § 2-207 (codified in Georgia Rev. Code § 11-2-207).
2. The Uniform Electronic Transactions Act (codified in Georgia O.C.G.A. 10-12-3.) shall govern all electronic transactions occurring on this website.

1. User and Seller have equal responsibility to arrange payment and shipping.
2. As a condition of sale, payment deadlines for Electronic Transactions are at the sole discretion of the Seller. User must refer to payment deadline indicated on User invoice, or through direct contact with Seller.
3. If User becomes unreachable or User does not meets payment deadline, User may be flagged and Electronic Transaction considered forfeited, resulting in Non-Payment on behalf of the User.
4. Instances of Non-Payments by a User may place User under review, resulting in User suspension or termination at the sole and absolute discretion of Lithoplanet.

1. User shall use good-faith efforts to resolve disputes between Seller and User using Seller's dispute resolution process, if Seller has it in its Seller’s Terms.
2. User may request Lithoplanet's services to resolve the dispute by contacting sales@lithoplanet.com and requesting an assistance for Dispute Resolution. User has to make the request no later than thirty days after the dispute arose or the disputed auction was closed by the site, whichever is earlier.
   
3. Lithoplanet may in its sole discretion agree or decline to assist in the resolution of the dispute. If Lithoplanet agrees to assist in dispute resolution, User must participate in the dispute resolution process in good faith.

1. Lithoplanet owns the full content of the website and reserves all rights provided for by copyright. User may not copy or republish any contents of the website without prior written permission from Lithoplanet.
2. Lithoplanet owns its servicemark and reserves all rights to its use. User may not appropriate or use the "Lithoplanet" servicemark without prior written permission from Lithoplanet.
3. User acknowledges that § 230 of the Communications Decency Act of 1996 applies to immunize Lithoplanet from liability as a publisher of any information provided by a third-party provider.

User shall indemnify, defend and hold harmless Lithoplanet and its agents and consultants from any claims or damages sought against Lithoplanet and/or its agents and consultants resulting from the User's use of the website. Lithoplanet may at its sole discretion assume the exclusive defense from such claims or damages; however, such assumption shall not absolve User of the duty to indemnify and hold Lithoplanet harmless.

Lithoplanet may review these Terms and Conditions at any time by means of posting on the website. User and Seller have to read the Terms and Conditions posted on the website every time they intend to use Lithoplanet’s buying or selling services on the website. The most recent version of the Terms and Conditions shall govern the relationship between User and Lithoplanet.

These Terms and Conditions constitute the entire agreement between User/Seller and Lithoplanet, superseding all prior and contemporaneous agreements.

If any part of these Terms and Conditions is held unenforceable, the remaining parts shall remain enforceable.

All disputes arising from or relating to these Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the state of Georgia. User and Lithoplanet irrevocably submit to the exclusive jurisdiction and venue in the Court of Common Pleas of Dekalb County, GA, and hereby waive any defenses of lack of personal jurisdiction or forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If court proceedings are required to enforce any provision of this agreement, the prevailing party shall be entitled to an award of reasonable costs and expenses of litigation and any appeal, including reasonable attorneys’ fees.

1. The online auction service provided on this website is provided – As-Is, Where-Is – without representations or warranties;
2. Lithoplanet does not make warranty that the website will meet User requirements and disclaims any representations, guarantiees or warranties that any product posted on the website will be sold;
3. Lithoplanet does not make representations or warranties regarding the accuracy of the description of auctions or Lots/Products;
4. Lithoplanet does not make representations or warranties that its services are imune to technical issues or outages;

1. Lithoplanet shall send notifications to User via the User’s email address provided at form submission.
2. User shall send notifications to Lithoplanet to sales@lithoplanet.com.
   
3. Notifications shall be deemed to have been received no later than 6:00 p.m. (Eastern Time) on the business day following the day on which the email is sent.