This User Agreement ("Agreement") describes the terms and
conditions applicable to your use of Shoppingsolutions.com.
1. Eligibility for Use. Only individuals who
can form legally binding contracts under applicable law are eligible to use this site.
Without limiting the foregoing, minors are not eligible to use this site or the services
it provides. If you are not eligible, please do not use this site or the services it
provides.
2. Fees. Joining Shoppingsolutions.com is free.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for
paying all applicable taxes and for all hardware, software, service, and other costs you
incur to buy, procure a listing from us, or access our servers. In our sole discretion, we
may add, delete, or change any or all of our services at any time.
3. Shoppingsolutions.com is Only a Venue. Our
site acts as a venue to place a buyer and a seller together. We are not involved in the
actual transaction between buyers and sellers. We have 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. We cannot and do
not control whether or not sellers will complete the sale of items they offer or whether
or not buyers will complete the purchase of items they have offered to buy. In addition,
there are risks of dealing with foreign nationals, underage persons, or people acting
under false pretense.
Shoppingsolutions.com cannot and does not confirm that each user is who
they claim to be. Therefore, you must be careful in dealing with other users to avoid
fraud, and we encourage you to communicate directly with a trading partner to help you
evaluate with whom you are dealing. If you have any concerns about your trading partner,
please consider the use of a third party escrow service or services that provide
additional user verification.
Shoppingsolutions.com does not involve itself in user-to-user dealings.
In the event that you have a dispute with one or more users, you release
Shoppingsolutions.com, its agents, and its employees from 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. If you are a California resident, you waive California Civil Code § 1542,
which says: "A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
We do not control the information provided by other users that is made
available through our site. Other people's information on this site may be offensive,
harmful, inaccurate, or, in some cases, mislabeled or deceptively labeled. You agree to
use caution and common sense when using this site.
4. Listing and Selling. You may post listings
on Shoppingsolutions.com's website, subject to the other provisions in this Agreement,
that may include text descriptions. Without limiting any other remedies, we may terminate
your account and/or posting or listing privileges if you are found (by conviction,
settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent
activity in connection with our site. Without limiting other remedies, we may terminate
your account and/or posting or listing privileges if you infringe the intellectual
property rights of third parties.
5. Buying. As a buyer, if your offer to buy is
accepted by the seller, you are obligated to complete the transaction. An offer to buy is
not retractable except in exceptional circumstances such as for example when (1) the
seller materially changes the description of the item after your offer, (2) clear
typographical errors exist in the listing for the item for sale, or (3) you can not
authenticate the identity of the seller.
6. Your Information. The term "Your
information" includes without limitation any information you provide to us or other
users during the registration, listing process, in any public message area, or through any
email feature.
You are solely responsible for Your Information, and we act as a
passive conduit for your online distribution and publication of Your Information. However,
we may take any action with respect to Your Information we deem necessary or appropriate
in our sole discretion if we believe it may create liability for us or may cause us to
lose (in whole or in part) the services of our Internet Service Providers or other
suppliers.
Your Information and the sale of your item(s) on Shoppingsolutions.com:
(a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall
not infringe any third party's copyright, patent, trademark, trade secret, or other
proprietary rights or rights of publicity or privacy; (c) shall not violate any law,
statute, ordinance or regulation (including without limitation those governing export
control, consumer protection, unfair competition, antidiscrimination, or false
advertising); (d) shall not be defamatory, libelous, unlawfully threatening, or unlawfully
harassing; (e) shall not be obscene or contain child pornography or, if otherwise harmful
to minors, shall be posted only in the Erotica, Adults Only section and shall be
distributed only to people legally permitted to receive such content; and (f) shall not
contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept, or expropriate any system, data, or personal information.
Furthermore, you may not post on our site or sell through our site any:
(a) item that could cause us to violate any applicable law, statute, ordinance or
regulation, or (b) live animals, human beings or body parts (relics, skulls, human remains
or other parts), soiled undergarments, bulk email lists, switchblades, or automatic
weapons.
In order to enable Shoppingsolutions.com to use Your Information, you
agree to grant us a non-exclusive, 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 Information, in any media now known or not
currently known, with respect to Your Information.
Shoppingsolutions.com will only use Your Information in the following
contexts:
(a) We internally use personally identifiable information about you to
improve our marketing and promotional efforts, to statistically analyze site usage, to
improve our content and product offerings, and to customize our sites content and
layout. We believe these uses allow us to improve our site and better tailor it to meet
our users needs.
(b) We do not sell or rent any personally identifiable information
about you to any third party. We may aggregate personally identifiable information and
disclose such information in aggregate to advertisers and for other marketing and
promotional purposes. However, in these situations, we shall not disclose to these
entities any information that could be used to personally identify you. Certain
information, such as your password, credit card number, and bank account number, will not
be disclosed in aggregate at all.
(c) We cooperate with all law enforcement inquires and with all third
parties to enforce their intellectual property or other rights, and thus may provide Your
Information to law enforcers and such third parties. You authorize us to disclose any
information about you to law enforcement or other government officials as we, in our sole
discretion, believe necessary or appropriate.
(d) Third parties may unlawfully intercept or access transmissions or
private communications. Thus we do not promise, and you should not expect, that your
personally identifiable information or private communications will remain private.
7. System Integrity. You may not use any
device, software or routine to interfere or attempt to interfere with the proper working
of the Shoppingsolutions.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.
8. Breach. We may immediately issue a warning,
temporarily suspend, indefinitely suspend, or terminate your membership, any of your
current transactions, 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.
9. No Warranty. THE SHOPPINGSOLUTIONS.COM
WEBSITE AND OUR SERVICES ARE PROVIDED "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
NON-INFRINGEMENT. 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.
10. 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, AND (B) $100. Some
states do not allow the limitation of liability, so the foregoing limitation may not apply
to you.
11. General Compliance with Laws. You shall
comply with all applicable laws, statutes, ordinances and regulations regarding your use
of our service and your offering for sale, offering to buy, purchase, and sale of items.
12. No Agency. You and Shoppingsolutions.com
are independent contractors, and no agency, partnership, joint venture, employee-employer,
or franchiser-franchisee relationship is intended or created by this Agreement.
13. Notices. Except as explicitly stated
otherwise, any notices shall be given, in the case of Shoppingsolutions.com by email to
the email address you provide to Shoppingsolutions.com during the registration process or
such other address as you shall specify. Notice shall be deemed given 24 hours after email
is sent, unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to Shoppingsolutions.com during the
registration process. In such case, notice shall be deemed given 3 days after the date of
mailing.
14. General.
14.1 This Agreement shall be governed in all respects by the laws of
the State of New York as such laws are applied to agreements entered into and to be
performed entirely within New York between New York residents. Both parties submit to
jurisdiction in New York and further agree that any cause of action arising under this
Agreement shall be brought exclusively in a court in New York, New York.
14.2 Shoppingsolutions.com may amend this Agreement at any time
by posting the amended terms on our site. If you wish to receive an email update for each
amendment to this Agreement send us a message at our Feedback Page
and indicate as such. The amended terms shall automatically be effective 30 days after
they are initially posted on our site. This Agreement may not be otherwise amended except
in a writing signed by both Shoppingsolutions.com and you.
14.3 We do not guarantee continuous, uninterrupted or secure
access to our services, and operation of our site may be interfered with by numerous
factors outside of our control.
14.4 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.
14.5 Headings are for reference purposes only and in no way define,
limit, construe, or describe the scope or extent of such section.
14.6 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.
14.7 This Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof.