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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