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 aplied 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:
» All User Information shall be current, complete, and
accurate when provided;
» You are solely responsible for
maintaining and updating User Information as necessary to keep it
current, complete and accurate and;
» 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:
» Are unlawful, threatening, harassing or profane; »
Restrict or inhibit any other User from using and enjoying the Site;
» Constitute or encourage conduct that would constitute a
criminal offense or give rise to civil liability; or
» 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
» 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 chat rooms, 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:
- 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;
- No Posted Item you provide for sale on the Site shall be
fraudulent or counterfeit;
- 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;
- 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
- 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.