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The
TradeGet Web Site (the "Site")
is provided to you ("you" or "User")
subject to the following Agreement ("Agreement")
and any operating rules or policies that
may be published from time to time by TradeGet
. Before you subscribe to and/or begin participating
in or using the Site, TradeGet requires
that you read and accept the following Agreement.
BY CLICKING ON THE BUTTON MARKED "I
ACCEPT THE TERMS AND CONDITIONS OF THE TradeGet
USER AGREEMENT" ON THE SITE, YOU ACCEPT
AND AGREE TO THIS AGREEMENT AS APPLIED TO
YOUR USE OF THE SITE. If you do not agree
to this, you may not access or otherwise
use the Site.
Changes
to this Agreement : TradeGet may,
in its sole discretion, change, add or
remove any portion of this Agreement,
at any time, by posting a new Agreement
to the Site. Your continued use of the
Site after such changes are posted will
constitute your agreement to such changed
Agreement.
TradeGet
is Only a Venue : The Site is
only a venue for registered sellers to
conduct sales of business equipment, assets
and property, and for buyers to make offers
on such property. TradeGet is not involved
in the actual transactions between buyers
and sellers and therefore, has no control
over the quality, safety or legality of
the items advertised, the truth or accuracy
of the listings, the ability of sellers
to sell items, or the ability of buyers
to buy items. TradeGet does not qualify
buyers or sellers and does not confirm
the identity of each User. There may be
risks dealing with foreign nationals,
underage persons or people acting under
false pretense. Since appearance on the
Site is not an indication of creditworthiness,
trustworthiness, and acceptability, Users
involved in a sale are advised to communicate
directly with other Users. Because TradeGet
is not and can not be involved in dealings
between Users, in the event that you have
a dispute with another User (whether a
buyer or seller), you hereby release TradeGet
, its directors, officers, employees and
agents from and against any and all claims,
demands and damages (actual and consequential)
of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and
undisclosed, arising out of or in any
way connected with such disputes.
Modifications
to Site : TradeGet reserves the
right, for any reason, in its sole discretion,
to terminate, change or suspend any aspect
of the Site, including, but not limited
to, content, features or hours of availability.
TradeGet may impose limits on certain
features of the Site or restrict your
access to part or all of the Site or the
Site without notice or penalty.
User
Registration : The Site is available
only to individuals and businesses who
can form legally binding contracts under
applicable law. Upon your acceptance of
this Agreement, your completed Registration
Form shall be submitted to TradeGet .
TradeGet reserves the right to disapprove
your registration or terminate your use
of the Site for any reason at any time,
in its sole discretion.
User
Information : In the course of
your use of the Site, you will provide
certain information to TradeGet or other
Users during the registration, selling,
posting, offering or buying process, in
any public message or through any e-mail
feature (such information collectively
is referred to hereinafter as "User
Information"). You agree that (1)
all User Information shall be current,
complete, and accurate when provided;
(2) you are solely responsible for maintaining
and updating User Information as necessary
to keep it current, complete and accurate
and; (3) you, and not TradeGet , are making
any and all representations and warranties
set forth in any User Information. TradeGet
's use of any User Information you provide
shall be governed by the Privacy Policy.
You hereby grant to TradeGet a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free
license to use the User Information, including
any copyrights, publicity rights or any
other proprietary rights you have in the
User Information, in any media now known
or unknown, for any purpose in connection
with the provision of the Site hereunder.
Email
Address and Password: You are
solely responsible in all respects for
all use of and for protecting the confidentiality
of your email address, the email verification
number and your password. You may not
share your email verification number or
your password with any third parties or
use such number or password for any unauthorized
purposes.
User
Conduct : You are solely responsible
for the content and context of any User
Information you post through the Site.
You warrant and agree that, while using
the Site, you shall not upload, post or
transmit to or distribute or otherwise
publish through the Site any materials
which: (a) are unlawful, threatening,
harassing or profane, (b) restrict or
inhibit any other User from using and
enjoying the Site, (c) constitute or encourage
conduct that would constitute a criminal
offense or give rise to civil liability,
or (d) contain a virus or other harmful
component, advertising of any kind, or
false or misleading indications of origin
or statements of fact. You also warrant
and agree that you will not post or transmit
(i) any bulk e-mails, advertisements,
solicitations, offers for sale of goods
or services, chain letters, pyramid schemes,
investment opportunities or schemes or
other unsolicited commercial communication
(except as otherwise expressly permitted
by the Site) or engage in spamming or
flooding. You also warrant and agree that
you shall not: (x) impersonate or misrepresent
your affiliation with any other person
or entity; (y) upload, post, publish,
transmit, reproduce, distribute or in
any way exploit any information or other
material obtained through the Site for
commercial purposes; or (z) attempt to
gain unauthorized access to other computer
systems through the Site.
Monitoring
: You agree that TradeGet has
the right, but not the obligation, to
monitor, edit, disclose, refuse to post,
or remove at any time, for any reason
in its sole discretion, any material and
content, including but not limited to
User Information and Listing Details (as
defined below) anywhere on the Site, including
but not limited to chatrooms, bulletin
boards, e-mail and other forums. Notwithstanding
this right, TradeGet does not and cannot
review all materials posted to the Site
by Users and TradeGet is not responsible
for any such materials posted by Users.
Seller
Conduct : In addition to the other
obligations set forth in this Agreement,
if you sell items on the Site or through
the Site, you agree to abide by the following
:
-
Listing
Details: You shall be prompted to
"post" each item for sale
on the Site by providing and approving
certain item information (collectively,
"Listing Details") on the
Listing Details form. Once you post
the Listing Details of an item to the
Site, the item becomes a "Posted
Item."
-
Fees:
For each Posted Item, you shall pay
TradeGet a fee per Posted Item (the
"Listing Fee").
-
Posted
Items:
If you post an item to the Site, you
acknowledge and agree that you are extending
an irrevocable offer to sell the Posted
Item to a buyer who meets the requirements
you have specified in the Listing Details.
- Seller's
Warranties:
As a seller, you represent and warrant
that: (1) all Listing Details you provide
shall be accurate and complete and shall
accurately represent the conditions
of the Posted Item at the expected sale
date; (2) no Posted Item you provide
for sale on the Site shall be fraudulent
or counterfeit; (3) you have the right,
through actual ownership or otherwise,
to provide any Posted Item for sale
on the Site and to sell the item through
the Site; (4) the payment of the Listing
Fee and Commission Fee to TradeGet for
any Posted Item you provide shall not
cause TradeGet to violate any applicable
law, statute, ordinance or regulation;
and (5) you shall not provide as a Posted
Item any live animals, human beings,
body parts, soiled clothing, pornography,
bulk e-mail lists, switchblades, weapons
or ammunitions. TradeGet reserves the
right to move Posted Items from one
category to another, and to remove categories
and Posted Items at any time, in its
sole discretion.
Buyer
Conduct : If you use the Site to
buy a Posted Item, you acknowledge and agree
that if, as of the close of a sale, you
have placed the highest offer at or above
the reserve price, you may not retract the
offer, unless the Posting Information included
a material inaccuracy or misrepresentation,
or the Posted Item does not materially comply
with the Posting Information.
No
Price Manipulation : Sale price
manipulation of any kind, directly or indirectly,
by Users is prohibited, including, but not
limited to, through a secondary account,
agent or assign, by making offers for your
own account and the Posted Items you have
provided, by communicating with other buyers
and sellers, or by shill bidding.
Taxes
: You acknowledge and agree that
TradeGet does not take any responsibility
to calculate, report or remit sales or use
taxes which may be assessed, due or owing
to the taxing authorities of any jurisdiction
for transactions that arise in connection
with your use of the Site. You acknowledge
and agree that you are solely responsible
for the calculation, collection and remittance
of any applicable taxes which may be incurred
or assessed in connection with your use
of the Site.
DISCLAIMER
OF WARRANTIES: THE SITE , INCLUDING ALL
CONTENT, FUNCTIONS, AND INFORMATION MADE
AVAILABLE ON OR ACCESSED THROUGH THE SITE,
IS PROVIDED ON AN "AS IS" "AS
AVAILABLE" BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. TradeGet DOES
NOT WARRANT THAT THE SITE OR THE FUNCTIONS,
FEATURES OR CONTENT CONTAINED THEREIN WILL
BE TIMELY, SECURE, UNINTERRUPTED OR ERROR
FREE, OR THAT DEFECTS WILL BE CORRECTED.
TradeGet MAKES NO WARRANTY THAT THE SITE
WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY
DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT
BY POSTING AN ITEM ON THE SITE, THE POSTED
ITEM WILL BE SOLD. TRADEGET MAKES NO ENDORSEMENT
OR WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SITE OR
ANY TRANSACTIONS ENTERED INTO THROUGH THE
SITE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM TRADEGET
OR THROUGH THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO CERTAIN USERS. TRADEGET EXPRESSLY
DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF
ANY GOODS SOLD ON OR THROUGH THE SITE, AND
ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS
OR BREACHES COMMITTED BY ANOTHER USER.
LIMITATION
OF LIABILITY: IN NO EVENT SHALL TRADEGET
BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY
OR INDIRECTLY RELATED TO THE USE OF, OR
THE INABILITY TO USE THE SITE OR THE CONTENT,
MATERIALS AND FUNCTIONS RELATED THERETO,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE
OR ANTICIPATED PROFITS OR LOST BUSINESS
OR LOST SALES, EVEN IF TradeGet OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN
USERS. IN NO EVENT SHALL THE TOTAL LIABILITY
OF TRADEGET 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 THE SITE EXCEED,
IN THE AGGREGATE, $100.00.
Indemnification
: You shall indemnify, defend and
hold TradeGet , its officers, directors,
employees and agents (collectively, the
"Indemnified Parties"), harmless
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 an Indemnified Party
in connection with any claims arising out
of, based upon or resulting from any breach
or violation by you of this Agreement or
any use by you of the Site or as a result
of a dispute with another User. TradeGet
reserves the right, at its 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
the prior written consent of TradeGet
No
Agency : The relationship between
you and TradeGet is that of independent
contractors, and no agency, partnership,
joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by this
Agreement.
Termination
: This Agreement constitutes a binding
agreement between you and TradeGet until
terminated by you or TradeGet , which TradeGet
may do at any time, without notice, in TradeGet
's sole discretion. If you become dissatisfied
with the Site, in any way, your only recourse
is to immediately discontinue use of the
Site.
Choice
of Law; Dispute Resolution : This
Agreement shall be governed by and in accordance
with the Indian laws without regard to conflicts
of laws provisions. Any controversy involving
TradeGet arising from or in any way related
to this Agreement or your use of the Site
shall be heard in the appropriate courts.
Notices
And Disclosures : Except as explicitly
stated otherwise, any notices shall be given
by e-mail to, in the case of TradeGet ,
info@tradeget.com
, or, in the case of a User to either: (1)
the e-mail address you provide to TradeGet
during the registration process, (2) the
mailing address provided to TradeGet during
the registration process, or (3) such other
address as you may specify. Notice shall
be deemed given 24 hours after e-mail is
sent, unless the sending party is notified
that the e-mail address is invalid or, in
the case of mailing, three (3) days after
the date of mailing.
General
Provisions: 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
effect the intent of this Agreement, and
the remainder of this Agreement shall continue
in full.
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