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Please read this agreement
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By utilizing this site in any
manner, you accept both the terms and conditions in this Member Agreement and
our Terms of Use. This agreement was revised on January 1, 2006, and may
be modified again at any time.
By completing the sign-up process,
you agree to the terms of this Member Agreement, and to abide by the other
terms, policies, procedures, and guidelines on webtrader.com. webtrader.com.
may amend these terms from time to time. If you do not agree to the changes,
you must request that your account be closed. Your continued use of our
service will signify your acceptance of the updated terms.
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webtrader.com. Is Only a Venue |
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webtrader.com. acts as a matching
service for Members to locate people to buy, sell, and negotiate the exchange
of goods and services. We do not own or handle any of the goods and services
listed on the site. As a result, we cannot verify or endorse the quality,
safety, or legality of the posted advertisements, or the truth or accuracy of
the content on our site.
By joining webtrader.com, you
warrant that:
- You are a legal and permanent citizen of the United States or Canada.
- Your supplied email address is a valid means of communication with you,
and will remain up-to-date.
- Your supplied contact information is accurate and complete, including
but not limited to your month and year of birth, your full name, city,
state, and postal code.
- You have not already registered with webtrader.com. In general, only one
account per individual and/or business entity may be active at any point in
time.
- If you are registering as a business, you represent that you have the
authority to bind the entity to this Agreement.
webtrader.com may, under its sole discretion, terminate any membership
account at any time for any reason, including but not limited to our inability
to confirm any element of your membership eligibility. Further, your account
(including feedback and sign-in name) may not be transferred or sold to
another party.
webtrader.com may, at it sole
discretion, change or remove any member sign-up name. Action may be taken on
names which:
- Represent any form of contact information (URL, email, phone, etc).
- Represent something other members may consider offensive or
inappropriate.
- Cause confusion in our marketplace
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Member Obligations and Terms |
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You are solely responsible for your
information, and we act as a passive conduit for your online distribution and
publication. Your information (or content) includes any information you
provide to us or other members during the registration, trading, or posting
process, in any public message area or through any email feature, including
all text descriptions and/or photographs, digital images, or renderings of
your items and services. We may take any action with respect to such
information we deem necessary or appropriate at our sole discretion if we
believe it may create liability for us. You acknowledge that webtrader.com may
not pre-screen content, but that webtrader.com and its designees have the
right (but not the obligation) in their sole discretion to refuse, modify, or
reorganize any content that is available via the service. In addition,
webtrader.com has the right to suspend or terminate your account and refuse
any and all current or future use of our service, at any time and at our sole
discretion. webtrader.com reserves the right to change or discontinue,
temporarily or permanently, some or all of our services at any time without
notice.
- Content. You agree that your information and the content you post
on webtrader.com:
- will be true, accurate, and up-to-date;
- will not be fraudulent or involve the sale of stolen items;
- will not violate any law, statute, ordinance, or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination, or false advertising);
- will not be defamatory, trade libelous, unlawfully threatening, or
unlawfully harassing;
- will not be obscene or contain child pornography;
- will not contain any viruses, Trojan horses, or other computer
programming routines that are intended to damage, detrimentally interfere
with, surreptitiously intercept, or expropriate any system, data, or
personal information;
- will not link directly or indirectly to or include descriptions of
goods or services that (i) are prohibited under this Agreement or (ii) you
do not have a right to link to or include;
- are in accordance with webtraderl.com's Classified Ad Guidelines.
- Fees. Unless otherwise stated, all monetary values are quoted in
U.S. Dollars. You are responsible for paying all applicable fees, taxes and
duties and for all costs you incur as part of the webtrader.com service. We
may, at our sole discretion, change some or all of our services, our Fees
and Payments Policy, and/or the fees for our services.
- License. You agree to grant us a nonexclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicenseable (through multiple
tiers) right to exercise the copyright and publicity rights (but no other
rights) you have in your posted content, in any media now known or not
currently known.
- Privacy. webtrader.com will only use your personal information in
accordance with our Privacy Policy.
- Negotiating. Members negotiate with each other through the
process of formulating offers and counteroffers. Making an acceptance or
confirmation of an acceptance constitutes an obligation for all parties
involved to complete the transaction. Acceptances are not retractable except
in exceptional circumstances. These circumstances may include, but are not
limited to situations where a Member materially changing the description of
the item after your offer was made or clear typographical errors, or when
you cannot authenticate the identity of a Member involved in the trade.
- Posting. Classifieds are text descriptions, graphics, and/or
pictures on webtrader.com's website supplied by you that either (a) describe
a good or service you have or provide (b) describe a good or service item
you are seeking. You may post either or both of these types of classifieds
on webtrader.com's site, provided that you place such classifieds in an
appropriate category. webtrader.com is not responsible for the accuracy or
content of classifieds. All classifieds are subject to approval based on
webtrader.com Classified Ad Guidelines.
- Disputes. webtrader.com is not responsible for resolving disputes
between parties.
- System. You agree that you will not use any device, software, or
routine to interfere or attempt to interfere with the proper working of the
webtrader.com site or any transaction being conducted on our site. You may
not take any action which imposes an unreasonable or disproportionately
large load on our infrastructure. You may not disclose or share your
Password to any third parties or use your Password for any unauthorized
purpose.
- Manipulation. You agree not to use a secondary account or third
party to manipulate the outcome of a negotiation with another trader.
- Ratings. You may not take any actions which may undermine the
integrity of the ratings system, such as leaving positive ratings for
yourself using a secondary member account or third party, leaving negative
ratings for other Members using secondary accounts or third parties, or
leaving negative ratings if a Member fails to perform some action that is
outside the scope of the transaction. If your Member rating is one star or
lower, we may suspend your account, and you will no longer be able to
participate in transactions.
- Our service is provided "as is." We will try very hard to make
your experience with webtrader.com a pleasurable one; however, we cannot
always foresee or anticipate technical or other difficulties. These
difficulties may result in loss of data or other service interruptions.
These terms are also noted in our Maintenance & Downtime Policy. For this
reason, you agree that webtrader.com's services are provided "as is." We
cannot assume responsibility for the timeliness, deletion, misdelivery, or
failure to store any Member data, communications, or personalization
settings. WE AND OUR SUPPLIERS PROVIDE THE webtrader.com WEBSITE AND OUR
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights which vary from state to
state.
- Suspension/Termination. We may immediately issue a warning,
temporarily suspend, indefinitely suspend, or terminate your membership, any
of your current classifieds, and any other information you place on the site
if you breach this Agreement or if we are unable to verify or authenticate
any information you provide to us. Without limiting any other remedies,
webtrader.com may suspend or terminate your account if you are found (by
conviction, settlement, insurance or escrow investigation, or otherwise) to
have engaged in fraudulent activity in connection with our site.
- Limit of liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE
AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING
RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of
liability, so the foregoing limitation may not apply to you.
- General compliance with laws. You shall comply with all
applicable laws, statutes, ordinances and regulations regarding your use of
our service and your negotiations, classified ad, purchase, and sale of
items and services.
- No agency. You and webtrader.com are independent contractors, and
no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
- Notices. Except as explicitly stated otherwise, webtrader.com may
provide you with notices via email, regular postal mail, or postings on the
webtrader.com web site.
- Arbitration. Any controversy or claim arising out of or relating
to this Agreement shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association.
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 arbitration shall be conducted in the
State of Florida, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either you or webtrader.com may seek
any interim or preliminary relief from a court of competent jurisdiction in
the State of Florida necessary to protect rights or property pending the
completion of arbitration.
- Jurisdiction and Venue. This Agreement shall be governed in all
respects by the laws of the State of Florida. You agree that any legal
action brought against webtrader.com classifieds. shall be governed by the
laws of the State of Florida without regard to its conflict of law
principles, and that the sole jurisdiction and venue for any litigation
arising from your use of webtrader.com shall be an appropriate federal or
state court located in the State of Florida. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. 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 breaches.
- Other Agreements. If you and webtrader.com have entered into a
separate written agreement that covers your use of webtrader.com, the terms
and conditions of such agreement shall control to the extent they are
inconsistent with this Member Agreement.
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