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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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