End User Terms of Service

This Agreement describes the terms and conditions applicable to the use of this website. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our services.

You must read, agree with and accept all of the terms and conditions of this Agreement before registering as a user of this website. By accepting this Agreement, you also agree that your use of this website will be governed by the terms and conditions posted on this website.

We may amend this Agreement at any time by posting amended terms on this website. All amended terms shall automatically become effective immediately after they are posted.

1. Users.

Our website is publicly available to all internet users; however, the purchase of our products and services are available only to individuals who have valid methods of payment such as a credit card. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Your user ID and password cannot be transferred or sold to another party.

2. Services and Prices.

Registering as a user on this website is free; however, should you desire to purchase products, services or upgrades on this website a charge to your credit card may apply. In the event that we introduce a new product or service, the price for that product or service is effective at the time it is introduced on the website. We reserve the right to change our prices for products and services. Such changes will become effective when we post them on the website. Unless otherwise stated, all prices are quoted in U.S. Dollars. You are responsible for paying all prices associated products or services which you purchase, including all applicable taxes.

3. User Identity.

We collect data on the identity of each member when they register on site. However, because user verification on the Internet is difficult, we cannot confirm each user’s or member’s purported identity.

4. Listing and Selling.

4.1 Listing Description. You must be legally able to sell the item(s) or services you list for sale. Listings should include text descriptions, graphics, photos and other content relevant to the sale of the item.

4.2 Fraud. Without limiting any other remedies, we may suspend or terminate your user account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.

4.3 Copyright, Trademark Infringements. It is prohibited that any user should list items or services that infringe upon the copyright, trademark or other rights of third parties. Additionally, it is prohibited by any user to use in any way such trademarks, copyrighted or other registered marks from any third party.

5. User Information.

5.1 Definition. User information is defined as any information you (the user) provide in the registration process, in any public message area (Including the blog, chat room and feedback area), or in any other website function where you have provided the content or through any email feature. You are solely responsible for the information you give us or other users.

5.2 Restricted Activities. Your personal information; any products or services listed; Any site information posted and/or your activities on this shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall NOT be posted until such time as we have implemented a Mature Audience Section on the website where it can be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any product or service on the site that could cause us to violate any applicable law, statute, ordinance or regulation.

5.3 License. By accepting this Agreement, you consent that we may use the information you have given us, so that we are not violating any rights you might have in that information, to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but to no other rights) you have in your information, in any media now known or not currently known, with respect to our information.

6. Accesses and Interference.

This website may contain robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site are updated on a real time basis and is proprietary or is licensed to our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from our website without the prior expressed written permission or the appropriate third party.

7. Spam.

“Spam” or “Spamming” is a derisive term referring to broadcasting of unsolicited junk email. We prohibits users from spamming and other unethical marketing practices. The following are examples that may violate the terms of this Agreement:

• Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through our computer systems.
• Relaying email from a third party’s mail servers without the permission of that third party.
• Using or causing to be used our computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
• Using “robots” or otherwise harvesting other’s email addresses from our website for purposes of sending unsolicited or unauthorized material.
• Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
• Disrupting the normal flow of dialogue, or causing the screen to “scroll” faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real-time exchanges.

Violations of our Terms and Conditions or this Universal Spam Policy may result in legal action against you and the termination, without notice, of your user ID. Nothing in this policy is intended to grant any right to transmit email to or through our computer systems. We do not waive any rights by the failure to enforce this policy in every instance in which it might apply.

8. Breach.

Without limiting any other remedies, we may immediately remove your listings, warn our users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your user account and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.

9. Privacy.

We do not sell or rent your personal information to third parties for marketing purposes without your consent and we use your information as described in the Privacy Policy. We store your personal information on computers located in the United States that are protected by both physical and technological security. We understand that you and your personal information is an important asset. We may use third parties to verify your information. If you object to your information being transferred or used in this way, please do not use our services.

10. No Warranty.

THE OWNER OF THIS WEBISTE, OUR PARTNERS, EMPLOYEES AND OUR SUPPLIERS WHO PROVIDE OUR WEBSITE PROVIDES THESE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARTNERS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warrant gives you specific legal rights and you may also have other legal rights that vary from state to state.

11. Liability Limit.

IN NO EVENT SHALL WE, OUR PARTNERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR PARTNER SITES, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

12. Indemnity.

You agree to indemnify and hold us and our subsidiaries, partners, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

13. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website and services including listings, purchases, solicitation of offers to purchase, and sale of items.

14. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail or electronic mail to the address or email specified in the “Contact Us” link on this website. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternately, we may give you notice by email, certified mail, postage prepaid and return receipt requested, to the address or email address provided during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing or 24 hours after the email is sent.

15. Arbitration.

All disputes and claims relating to this Agreement, our services, or any other claims or causes of action relating us or the performance of any third party shall be settled totally and finally by arbitration in the state which is listed in the “Contact Us” link, or such other location as we prescribe, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure. 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 Federal Arbitration Act shall govern all issues related to arbitration. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees of the Agreement. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1,000.00. Nothing in this Agreement shall prevent us from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect our interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.

16. Additional Terms.

Our policies may be changed from time to time and are effective immediately after we post the changes to our site. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

17. General.

This Agreement shall be governed in all respects by the laws of the State listed on the “Contact Us” link. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision of this Agreement shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breached. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Services and Prices), 6 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 15 (Arbitration) shall survive any termination or expiration of this Agreement.

18. Disclosures.

The services in this Agreement are offered by the owners of this website. You may contact the owner of this website by going to the “Contact Us” link on this website.