Prior to registering with Plastic Auction Connection, please read the following Plastic Auction Connection User Agreement. PLASTIC AUCTION CONNECTION USER AGREEMENTThis User Agreement (the "Agreement") sets forth the terms on which Plastic Auction Connection ("P.A.C.") offers you access to the P.A.C. Web Site. By pressing the "I Accept" button at the end of the Agreement, you accept the following terms and conditions. If, for any reason, you do not accept these terms and conditions or have any questions, please do not press the "I Accept" button. Instead, please email P.A.C. by clicking on the comments button.P.A.C. may amend this agreement at any time by posting the amended terms on the P.A.C. Web Site and any such amendments will become effective 30 days after they are added. Your use of the P.A.C. Web Site after the 30 day period will constitute your agreement with the posted amendments. Other than such amendments posted by P.A.C. on the P.A.C. Web Site, this Agreement may not be amended except in a writing signed by both parties. The last date this Agreement was revised was April 28, 2000.1. Eligibility to Participate.The P.A.C. Web Site is a commercial site dedicated to the auction of commercial plastics materials. The auction services offered on the P.A.C. Web Site are available to all traders, brokers, suppliers, processors, recyclers, re-sellers, compounders and end-users. P.A.C.'s auction services are not available to minors (individuals under 18 years of age). If you do not qualify, please do not use these services. P.A.C. may, in its sole discretion, refuse its services to anyone at any time for any or no reason.2. P.A.C. Participation.P.A.C. participates only as a facilitator for commercial plastics auction transactions, by providing an avenue to trade plastics for the trading community. P.A.C. has no control over the quality, safety or legality of the items posted with P.A.C. for auction, the truth or accuracy of the listings submitted or the ability of any entity to sell items or the ability of any buyer to buy items. P.A.C. has no responsibility for whether or not sellers or bidders will complete the transactions they have agreed to. P.A.C. does, however, employ a helpful rating system that rates both the quality of the item as well as the capabilities, experience, and reliability of both sellers and bidders. Please see the "Guest Tour" for more information regarding P.A.C.'s rating system. If you have questions regarding P.A.C.'s rating system, you may email P.A.C. through the comments box on the Web site.Because of the confidential nature of P.A.C. regarding sources and end-users, the seller and winning bidder are not aware of each other's identity until the bidding closes.At the registration process, potential traders, brokers, suppliers, processors, recyclers, re-sellers and other participants' registration input will be submitted to P.A.C. However, P.A.C. does not control the information provided by users and such information may be mislabeled, deceptively labeled or otherwise inaccurate. It is your responsibility to use caution when using P.A.C. You will need to email P.A.C. with any problems you incur through the comments box so P.A.C. may try to monitor and track these situations.P.A.C. bears no responsibility for user-to-user dealings involving the sale of plastics products through P.A.C. services. If you have a dispute with one or more users, you hereby release P.A.C., its agents and employees from claims, demands and damages arising out of 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.3. Listing Products, Paying Auction Fees and Selling.If you are selling, you must supply descriptions that textually describe the item you are listing for auction or include graphics or pictures that visually describe the item you are listing for auction. You may post both of these types on the P.A.C. Web Site.Exceptional circumstances under which you may not be obligated to complete a transaction include: (a) the buyer failing to meet the terms of your listing (such as payment method), or (b) your inability to authenticate the identity of the buyer, or (c) if you are a buyer, the listed material did not meet its stated specifications. The determination whether circumstances are exceptional will be made by individual P.A.C. participants. P.A.C. may suspend or terminate your account if, in the discretionary judgement of P.A.C., you have engaged in improper activity in connection with the P.A.C. Web Site.4. How Bidding and Buying Works on the Regular Auction.You may not retract any bids except in exceptional circumstances. Such exceptional circumstances include (a) the seller materially changes the description of the item after your bid, and (b) clear typographical errors. P.A.C. is not responsible for items or bids that are described inaccurately, or listed on the Web Site incorrectly by its members.5. No Price Manipulation.You are prohibited from manipulating the price of your items for sale at auction, either by using a shill (a secondary account or third party) or by bidding yourself.6. User Identification Information.User identification information includes any information you provide to P.A.C. during the registration, bidding or listing prices or through any email sent by you ("User Information"). With respect to User Information.Your User Information and your items for sale on the P.A.C. Web Site shall not: (a) violate any law, statute, ordinance or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (b) infringe any third party's intellectual property rights, including without limitation copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) contain any viruses, Trojan horses or other computer programming routines that are intended to detrimentally interfere with, damage, secretly intercept or expropriate any system, data or personal information; (d) be fraudulent or involve the sale of counterfeit or stolen items; (e) be defamatory, trade libelous or unlawfully threatening or harassing; or (f) link directly or indirectly to or include descriptions of goods or services that: (1) are concurrently listed for auction on a web site other than the P.A.C. Web Site; (2) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid price; (3) are prohibited under this Agreement from so doing; or (4) you do not have a right to link to or include. Furthermore, you may not post on the P.A.C. Web Site or sell though the P.A.C. Web Site any item that could cause P.A.C. or any bidder to violate any applicable law, statute, ordinance or regulation.You agree to grant P.A.C. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights you have in User Information, in any media now known or not currently known, with respect to User Information; provided that P.A.C. uses the User Information for P.A.C. Web Site purposes only.You are solely responsible for your User Information and P.A.C. acts merely as a passive conduit for your online distribution and publication of your User Information. P.A.C. may, however, take any action with respect to such User Information which P.A.C. deems necessary or appropriate if P.A.C. believes in its sole discretion that your User Information may create liability for P.A.C. or any other user or may cause P.A.C. to lose (in whole or in part) the services of its ISP's or other suppliers.7. No Agency.You and P.A.C. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.8. P.A.C. Web Site Integrity.You are prohibited from the use of any device software or routine to interfere or attempt to interfere with the proper working of the P.A.C. Web Site or any auction being conducted on the P.A.C. Web Site. Actions which impose an unreasonable or disproportionately large load on the P.A.C. Web Site infrastructure are prohibited; for example, using any SPAM and other unwanted advertising techniques or inserting viruses onto the P.A.C. Web Site. You are prohibited from disclosing or sharing your password to any third parties or using your password for any unauthorized purpose. You bear any liability or obligation in connection with your sharing or disclosing your password.9. Disclaimer of Warranty.P.A.C. PROVIDES THE P.A.C. WEB SITE AND ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. P.A.C. SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY ITEMS SOLD ON THE P.A.C. WEB SITE. In some states, the disclaimer of implied warranties is prohibited and the foregoing disclaimer may not apply to you. Legal rights under this warranty may vary from state to state. You should consult independent legal counsel with any questions you may have concerning this warranty disclaimer.10. Limited Liability.IN NO EVENT SHALL P.A.C. BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT OR USE OF THE P.A.C. WEB SITE. P.A.C.'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) ACTUAL DAMAGES ARISING OUT OF P.A.C.'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RELATING TO THE SERVICES OFFERED DIRECTLY BY P.A.C., AND (B) $100. Again, some states prohibit limitation of liability, so the foregoing may not apply to you.11. General Compliance with Laws.You agree that you will comply with all applicable laws, statutes, ordinances and regulations when using the P.A.C. Web Site items.12. Privacy Policy.By pressing the "I Accept" below, you also indicate your agreement with P.A.C.'s Privacy Policy. To review the Privacy Policy before acceptance, click the "Privacy Policy" button below. You will not be able to access P.A.C.'s services without accepting P.A.C.'s Privacy Policy.13. Notices.Except as explicitly stated otherwise, any notices shall be given by email through the comments box. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address in invalid. Alternatively, P.A.C. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to P.A.C. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.14. Breach.If you breach this Agreement or if P.A.C. is unable to authenticate or verify any information that you provide to it, P.A.C. may immediately issue a warning, temporarily suspend, indefinitely suspend or immediately terminate your participation and any of your current auctions, and may delete any other information you place on the P.A.C. Web Site.15. Arbitration.Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the 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 Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or P.A.C. may seek any interim or preliminary relief from a court of competent jurisdiction in Massachusetts necessary to protect the rights or property of you or P.A.C. pending the completion of arbitration.16. Governing Law.THIS AGREEMENT SHALL BE GOVERNED BY, INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN MASSACHUSETTS BETWEEN MASSACHUSETTS RESIDENTS AND WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.17. No Guaranteed Service.P.A.C. does not guarantee continuous, uninterrupted or secure access to its services, and operation of the P.A.C. Web Site may be interfered with by numerous factors.18. Indemnity.You agree to indemnify and hold harmless P.A.C., its suppliers, directors, officers, shareholders, agents and employees from and against any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use by you of the P.A.C. Web Site. P.A.C. shall have no liabilities to you except for its gross negligence or willful misconduct.19. Severability.If, for any reason, any provision of this Agreement is held invalid, illegal or unenforceable (a) such invalidity, illegality or unenforceability shall not affect the rest of such provision or any other provision of this Agreement not held so invalid, illegal or unenforceable, (b) each such other provision shall, to the full extent consistent with law, continue in full force and effect and (c) a provision or part thereof shall be substituted therefor that is valid, legal and enforceable to give effect to the intention of the parties insofar as possible.20. Headings.Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extend of such selection.21. No Waiver.P.A.C.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.22. Entire Agreement.This User Agreement sets forth the entire understanding and agreement between you and P.A.C. with respect to the subject matter hereof.