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By participating in this promotion ("Promotion"), you acknowledge that you have read, understood, and agree to be bound by these Official Terms and Conditions.
 
The Promotion begins at 12:00 AM (PDT) July 19, 2004 and ends at 11:59 PM (PDT) August 31, 2004 ("Promotion Period").
  1. How To Receive The Selling Manager and/or Seller's Assistant Pin Gift (each, a "Gift"). Eligible Participants (defined below) will receive the Gift if, and only if, during the Promotion Period the participant (i) registers for the Promotion by fully completing and successfully submitting the online registration form located at http://www.ebay.com/toolpins and (ii) subsequent to registering for the Promotion, successfully subscribes to us Selling Manager, Selling Manager Pro, Seller's Assistant and/or Seller's Assistant Pro. The offer will be available only to the first six thousand (6,000) Selling Manager and Selling Manager Pro eligible subscriptions and the first four thousand (4,000) Seller's Assistant and Seller's Assistant Pro eligible (Selling Manager and Selling Manager Pro, and Seller's Assistant and Seller's Assistant Pro subscriptions will be counted together to determine subscription totals). Offer will expire on 8/31/04 or when 6,000 Seller Manager and Selling Manager Pro, and 4,000 Seller's Assistant and Seller's Assistant Pro subscriptions are registered, whichever occurs first. Please note that only one Selling Manager Gift and one Seller's Assistant Gift will be given per eBay User ID.
     
  2. When Will I Receive the Gift? The Gift will be mailed within 6-8 weeks of eBay's confirmation of your Promotion registration and seller tool subscription. Please make sure you have updated your mailing address on your eBay account, as this will be the address we mail the gift to. To update your address, go to "Personal Information" in the "My Account" section of My eBay. Eligible Participants who satisfy the requirements set forth herein will receive the pin that corresponds with the seller tool that he/she subscribes to use.
     
  3. Eligibility. The Promotion is open to users of www.eBay.com (the "eBay Site") who: (i) are confirmed registered members of the eBay Site as of July 19, 2004; (ii) registered for the promotion between July 19, 2004 and August 31, 2004; AND (iii) successfully subscribe to use Selling Manager, Selling Manager Pro, Seller's Assistant or Seller's Assistant Pro. Please note: (a) current paying subscribers to Selling Manager, Selling Manager Pro, Seller's Assistant and/or Seller's Assistant Pro who unsubscribe during the Promotional Period and re-subscribe to the same seller tool are not eligible; and (b) you will not be eligible for the Promotion if your account on the eBay Site is not in Good Standing. . Users of the eBay Site that meet all of the foregoing requirements shall be deemed "Eligible Participants". In order for your accounts to be deemed in Good Standing as that term is used herein, you must not have a hold on either account and neither of your accounts must not be suspended or past due as of July 19, 2004. Employees of eBay, Inc., and all their respective subsidiaries, affiliates, and their immediate families (spouse, parents, children, siblings and their respective spouses) and individuals living in the same household as such employees are ineligible. Void where prohibited, taxed or restricted. This Promotion is subject to all applicable federal, state laws and regulations. The Promotion is open only to legal U.S. residents who are 18 years of age or older.
     
  4. Limitation of Liability. BY PARTICIPATING IN THE PROMOTION, ENTRANTS AGREE TO WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS EBAY, INC., AND ALL OF THEIR AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE PROMOTION OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE GIFT. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT EBAY IS NOT, ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE PROMOTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY MAKES ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EBAY SITE, AND EBAY SHALL BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for printing or typographical errors in any Promotion related materials; for stolen, lost, late, misdirected, Gift; or for transactions and/or emails that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this Promotion, or process any transaction thereon. If in eBay's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, eBay reserves the right at its sole discretion to disqualify any individual who tampers with the entry process, to modify or suspend the Promotion, or to terminate the Promotion. In all matters relating to the interpretation and application of any rule or phase of this offer, the decision of eBay shall be final. EBay reserves the right to cancel, amend or revoke the offer at any time due to reasonable business consideration or circumstances beyond its control. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, eBay reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any web site associated with this Promotion via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
     
  5. No Combination or Transfer of Promotional Offer. This Promotional offer cannot be resold, transferred, or combined with any other offer, discount, or promotion.
     
  6. Governing Law. These Official Terms and Conditions will be interpreted, construed and enforced in all aspects in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
     

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