Privacy

BY USING ANY OF THE SERVICES OFFERED, YOU AGREE TO THE FOLLOWING TERMS:

 

This site is a system where buyers, sellers and merchants can establish contact and exchange information. All users are completely and exclusively responsible for the legality of subject matter and means of each actual transaction, including what is being sold or purchased, who the parties to the transaction are and their legal ability to engage in the transaction. Sellers are advised to verify the identity of every buyer and any transfer dealers involved. Sellers should protect their goods with shipping insurance, and take pictures of it before it is shipped out. Both parties are advised to save all communications and retain your records. (Your Domain Name)is not and will not be involved in any actual transactions of merchandise between Buyers and Sellers.

By using (Your domain Name), any of its subdomains or any other Web site on which a link to this agreement appears, you agree to the following terms with (Your domain Name), and its affiliated companies (Your domain Name) regarding use of (Your Domain Name)and the services offered on (Your Domain Name). Before being permitted to act as a registered user of the (Your domain Name), you must read and accept all of the terms in, and linked to, this (Your domain Name) User Agreement (this Agreement?). By accepting this (Your domain Name) User Agreement, you agree that this Agreement, as well as the linked documents made a part of this Agreement such as the Privacy Policy and (Your domain Name) Rules, will apply whenever you use (Your Domain Name) and its related services. Some (Your domain Name) websites may have additional or other terms that we provide to you when you use those sites. Additional (Your domain Name) general terms and conditions which are incorporated herein by reference and which are binding on you can be found here.

As used in this Agreement, means both (a) the individual now registering as a user of (Your Domain Name) or the existing user of the (Your domain Name) now agreeing to this (Your domain Name) User Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, your Company?). You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.

Your Liability to Us

INDEMNIFICATION: YOU SHALL INDEMNIFY, DEFEND AND HOLD (Your domain Name), ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY (Your domain Name) PARTIES?) HARMLESS AND INDEMNIFY THEM FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS AND FEES AND EXPENSES RELATED THERETO (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES), INCURRED BY A (Your domain Name) PARTY IN CONNECTION WITH ANY CLAIMS ARISING OUT OF, BASED UPON OR RESULTING FROM ANY OF THE FOLLOWING, WHETHER BY YOU OR BY A THIRD PARTY USING YOUR LOG-IN: (A) ANY BREACH OR VIOLATION OF THIS AGREEMENT, (B) ANY USE OF (Your domain Name), (C) A DISPUTE WITH ANOTHER USER (EXCEPT FOR MONIES RECEIVED BY YOU UNDER OUR BUYERS PROTECTION PROGRAM), (D) ANY VIOLATION OF ANY APPLICABLE LAW OR REGULATION GOVERNING YOUR ACTIVITIES ON OR OFF OF (Your domain Name), (E) ANY FALSE, OR INACCURATE REPRESENTATION OF ANY NATURE MADE BY YOU, OR (F) THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.

Our Limits of Liability

DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF (Your Domain Name) AND THE SERVICES ON (Your Domain Name) ARE ENTIRELY AT YOUR OWN RISK. (YourDomain Name) AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH (Your Domain Name), ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT (Your Domain Name) OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON (Your Domain Name) OR ANY TRANSACTION ENTERED INTO THROUGH (Your Domain Name). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH (Your Domain Name) SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF (Your domain Name).

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF (Your domain Name), ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY (Your domain Name) PARTIES?) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE (Your Domain Name) OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY (Your Domain Name), BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO (Your Domain Name) (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE (Your domain Name) PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF (Your Domain Name) SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.

Your Representations to Us

Eligibility and Accuracy of Information. By registering for an account or using (Your Domain Name), you represent that you are at least 19 years of age, and of the age of legal majority in your state or country of residence, if older than 19. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use (Your Domain Name). You agree that you will not allow others to use your account, nor will you use your account or (Your Domain Name) on an outsourcing basis or on behalf of third parties. By registering for an account or using (Your domain Name), you represent that you have read these terms and conditions and those separate terms referred to herein, that you agree to be bound by the same, and that you verify and affirm the truth and accuracy of all information provided by you to (Your domain Name).

(Your domain Name) Rules. In addition to the terms and conditions of this Agreement, your use of (Your domain Name) is conditioned upon your compliance with certain rules governing selling and buying on (Your Domain Name), password maintenance, postings and conduct on (Your domain Name), and other matters. These rules, the majority of which are available here but may also be found elsewhere as applicable on (Your domain Name) ("(Your domain Name) Rules?), are hereby incorporated into this Agreement in their entirety.

Termination and Suspension. We agree to provide you access to (Your Domain Name)and the services available on (Your domain Name) only as authorized in this Agreement and (Your Domain Name) Rules. We reserve the right to reject your user registration by disabling your registered account. Even after acceptance, we may terminate or suspend your account and ability to use (Your Domain Name) in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions.

Governing Law, Dispute Resolution in (Your State) and Other Terms

1. International Users; Choice of Law. (Your Domain Name) is controlled, operated and administered by (Your domain Name), which is based within the State of Your State) in the United States. We make no representation that functions or information found at (Your Domain Name) are appropriate or available for use at other locations outside of the United States. Access to (Your domain Name) from territories where their function or content are illegal is prohibited. You may not use (Your Domain Name) or export the information found on or at (Your Domain Name) in violation of U.S. or other export laws and regulations. If you access (Your domain Name) from a location outside of the U.S., you are responsible for compliance with all laws applicable to you but this contact prohibits your acceptance of services of (Your domain Name). This Agreement, all matters arising from or relating to the your use of (Your domain Name), and any and all claims arising out of your relationship with the (Your domain Name) Parties shall be governed by and in accordance with the laws of the State of (Your State).

2. Dispute Resolution; Attorneys Fees.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (Your Domain Name) SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF (Your County), STATE OF (Your State), UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON (Your Domain Name). FOR AND IN CONSIDERATION OF THE PREMISES, THE USER EXPRESSLY WAIVES THE RIGHT TO TRIAL BY JURY. Notwithstanding the foregoing, (Your Domain Name) reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. You may not bring any action arising out of this User Agreement or your use of the Website or the Services, regardless of form or the basis of the claim, more than two (2) years after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, (Your Domain Name) shall be entitled to recover from you its reasonable attorneys fees in responding to such action.

3. Notices. Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at http://(Your Domain Name).com/Support/ or by mail to (Your Domain Name), (Your Address), or, in the case notices we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.

4. Electronic Execution. Your electronic acceptance of this Agreement on the web site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You consent and agree to the admissibility of all computer records and electronic evidence of the (Your Domain Name) in any dispute under this Agreement.

5. Independent Contractors. You and (Your Domain Name) are independent contractors. No other relationship of any nature is intended or created by this Agreement the existence of the following relationships is expressly disavowed, to wot, agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee.

6. Additional General Provisions. The failure by either party to exercise or enforce any rights or provisions of this Agreement (including (Your Domain Name) Rules or other document incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual Services, which are either incorporated herein by specific reference or posted on (Your Domain Name) from time to time, comprises the entire agreement between you and (Your Domain Name)and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for (Your Domain Name)). If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of thisAgreement, and the remainder of this Agreement shall continue in full force and effect. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of (Your Domain Name), its affiliates, and you, and shall not be construed for the benefit of any third party.

 








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