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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