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TERMS OF SERVICE
Introduction
If you visit or use our services at shop4assets.com, you must accept our terms
of service listed here. Please discontinue the use of shop4assets.com, or its
services if you don’t agree to the terms of service listed here
Please review the following terms of service carefully before using the site.
Before you may become a member or register to shop4assets.com, you must read and
accept all of the terms and conditions in, and linked to, this Terms of
Agreement.
By accepting these Terms of Service, you agree that your use of shop4assets.com
web site will be governed by the Terms of Service posted here.
If users have any questions or suggestions regarding our privacy policy, please
contact us using via email to info@shop4assets.com or writing
to us at following address:-
Shop4assets.com
2464 El Camino Real #232
Santa Clara,
CA
95051,
USA
BY USING OUR SITE(domain and sub domains of www.shop4assets.com) AND SERVICES,
YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS
TERMS OF SERVICE AGREEMENT LISTED
ON THIS PAGE ( including hyperlinks or links to other pages ).
Modifications of these Terms of Service
Shop4assets.com may change these Terms of Service from time to time in its sole
discretion. You agree that your continued use of shop4assets.com, and its
services following shop4assets.com’s posting of any changes will constitute
your consent to new or revised terms of service. Please discontinue the use of
shop4assets.com, or its services if you don’t agree to any changes to this
agreement.
Acceptance of Terms of Use
Shop4assets.com provides its service to registered users (each, a "User") on an
"AS IS", "AS AVAILABLE" basis subject to these Terms of Service.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "REGISTER" BUTTON, YOU
ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERIVICE
(COLLECTIVELY AND SEPARATELY
REFERRED TO AS THE "SHOP4ASSETS.COM TERMS OF SERVICE").
Registration Information
Any use of Users' information by shop4assets.com is subject to the
shop4assets.com’s
Privacy Policy available on the
site. Shop4assets.com reserves the right to take any action, in its sole
discretion, for violations of these Terms Of Use, including, without
limitation, terminating any User's account, without any notice, if
shop4assets.com learns that such User has provided false or misleading
registration information.
Eligibility of Membership / Registration
Please note that shop4assets.com is NOT FOR USE BY ANYONE UNDER 18 YEARS
OF AGE. If it comes to shop4assets.com's attention through reliable means that
a registered user is a under 18 years of age, shop4assets.com will cancel that
user's account.
If you are eligible to use our services, you must complete the Registration
process by providing shop4assets.com with true and correct information as
required on the shop4assets.com registration form. If the information you
provide is found to be false or non-verifiable, we may suspend or terminate
your registration and account any time without notification.
Modifications of user account
Shop4assets.com may modify, alter, change or discontinue
User's account with or without notice, for any reason whatsoever, as
shop4assts.com deems necessary, with respect to any User, without liability to
any User or any third party.
Account and Password
User is responsible for maintaining the confidentiality of his
account number and password. User shall be responsible for all uses of his
account, whether or not authorized by User. User agrees to immediately notify
shop4assets.com of any unauthorized use of his account.
Disclaimer of Warranties
User expressly agrees that use of shop4assets.com
website or any part thereof is at user's sole risk. Shop4assets.com is provided
on an "as is" and "as available" basis. Shop4assets.com disclaims all
warranties of any kind, express or implied, including without limitation any
warranty of merchantability, fitness for a particular purpose. Without limiting
the generality of the foregoing, shop4assets.com does not make any warranty
that products or services listed or sold on the website will meet user's
requirements, or that shop4assets.com will be uninterrupted, timely, secure, or
error free; nor does shop4assets.com make any warranty as to the results that
may be obtained from the use of shop4assets.com or its services or as to the
accuracy or reliability of any information obtained posted on the site.
Shop4assets.com does not make any warranty regarding any goods or services
purchased or obtained on or through shop4assets.com or any transactions entered
into on or through shop4assets.com. No advice or information, whether oral or
written, obtained by user from shop4assets.com. or through emails from
shop4assets.com shall create any warranty not expressly made herein.
Limitation of Liability
Under no circumstances shall shop4assets.com be liable for any direct, indirect,
incidental, special or consequential damages or loss, resulting from the use of
shop4assets.com website or its services. Shop4assets.com will not be liable for
the cost of procurement of substitute goods and services or resulting from any
goods or services purchased or obtained or messages received or transactions
entered into on or through shop4assets.com or resulting from unauthorized
access to or alteration of user's transmissions or data, including but not
limited to, damages for loss of profits, use, data or other intangible, even if
shop4assets.com and/or any third party who may operate shop4assets.com website
on shop4assets.com's behalf has been advised of the possibility of such
damages.
Shop4assets.com does not warrant that this site, its servers, or e-mail sent
from shop4assets.com are free of viruses or other harmful components.
Your use of the service is at your sole risk. the site and services are offered
"as is" and "as available", without any warranties or guarantees expressed or
implied. Shop4assets.com and its subsidiaries, affiliates, officers, directors,
employees, agents, joint ventures, parent companies, contractors, suppliers,
partners and licensors expressly disclaim all warranties of any kind, whether
express or implied, including, but not limited to the implied warranties of
title, merchantability, fitness for a particular purpose and non-infringement.
You understand and agree that shop4assets.com assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
You will not hold shop4assets.com responsible for other users' actions or
inactions, including things they post. You acknowledge that shop4assets.com is
not an 'auctioneer.' Although we are commonly referred to as an online auction
website, it is important to realize that we are not a traditional auctioneer.
Instead, the Site is a venue to allow anyone to offer, sell, and buy just about
anything, at anytime, from anywhere, in a variety of pricing formats and
venues, such as stores, fixed price formats and auction-style formats. We are
not involved in the actual transaction between buyers and sellers.
We have no control over and do not guarantee the quality, safety or legality of
items advertised, the truth or accuracy of listings, the ability of sellers to
sell items, the ability of buyers to pay for items, or that a buyer or seller
will actually complete a transaction. We do not transfer legal ownership of
items from the seller to the buyer, and nothing in this agreement shall modify
the governing provisions of California Commercial Code § 2401(2) and Uniform
Commercial Code § 2-401(2), under which legal ownership of an item is
transferred upon physical delivery of the item to the buyer by the seller.
Unless the buyer and the seller agree otherwise, the buyer will become the
item's lawful owner upon physical receipt of the item from the seller, in
accordance with California Commercial Code § 2401(2) and Uniform Commercial
Code § 2-401(2). Further, we cannot guarantee continuous or secure access to
our services, and operation of the Site may be interfered with by numerous
factors outside of our control. Accordingly, to the extent legally permitted,
we exclude all implied warranties, terms and conditions. We are not liable for
any loss of money, goodwill, or reputation, or any special, indirect, or
consequential damages(however arising, including negligence) resulting from or
in connection with this agreement or the use of the site. Some jurisdictions do
not allow the disclaimer of warranties or exclusion of damages, so such
disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our
liability to you or to any third party is limited to the greater of (a) the
total fees you paid to us in the 6 months prior to the action giving rise to
the liability, and (b) $250.
Promotional Messages
Shop4assets.com and/or third parties may, from time to time, send email messages
to Users containing advertisements, promotions, etc. Shop4assets.com does not,
and will not, make any representation or warranty with respect to the content
of any such email messages or any goods or services which may be obtained from
such third parties, and User agrees that shop4assets.com. shall have no
liability with respect thereto.
Indemnification
User agrees to defend, indemnify and hold shop4assets.com, its parents,
subsidiaries, affiliates, officers and employees, its suppliers and their
respective affiliates and agents, harmless from any claim or demand, including
attorneys' fees, made by any third party due to or arising out of User's use of
shop4assets.com, the violation of these Terms of
Service by User, or the infringement by User, or any other user of User's account, of any
intellectual property or other right of any person or entity or your violation
of any law or the rights of a third party.
Miscellaneous
(1) Shop4assets.com. reserves the right and the sole discretion to (A) make
improvements, corrections, adaptations, conversions and/or any other change in
shop4assets.com website or any part thereof and/or to a revised or new Terms of
Service; (B) change, limit, terminate or cease to provide at any time,
temporarily or permanently, shop4assets.com or any part thereof, to all Users
or any number thereof including without limitation, at any time, without
notice, for any reason or no reason; (C) Establish new Terms of Service policy
for shop4assets.com and change it at any time for any reason or no reason; (2)
Nothing contained in this document shall be construed to limit action
shop4assets.com may take or remedies available to it in any way with respect to
any prohibited activity or conduct. Shop4assets.com reserves the right to take
any additional actions it may consider appropriate with respect to such
activity or conduct, including without limitation taking action to recover
costs and expenses of identifying offenders and removing them from
shop4assets.com website or systems, and levying cancellation charges to cover
costs in the event of disconnection for the causes outlined in this agreement.
In addition, shop4assets.com reserves the right to charge and/or sue for
damages (including damage to software, hardware and other equipment and the
time and expense incurred in repairing such damage) if any harm is done to its
network or equipment which requires repair or reconfiguration of any kind.
Applicable Law
This Agreement and the Terms of Service shall be governed by and construed in
accordance with the laws of the state of
California
, excluding its conflicts-of-law rules. Please note that your use
of the shop4assets.com website and its services may be subject to other local,
state, national, and international laws. You expressly agree that exclusive
jurisdiction for any claim or dispute with shop4assets.com or relating in any
way to your use of the shop4assets.com website or its services resides in the
courts of California and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of California in connection
with any such dispute including any claim involving shop4assets.com or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, hosting providers, credit card processing
companies and content providers.
Identity Verification
In order to protect the reputation of its Sellers and to provide an added
measure of security for its Buyers, shop4assets maintains an Identity
Verification procedure.
We also encourage Bidders to communicate directly with potential trading
partners via email. Bidders may also wish to consider using a reputable third
party escrow service. Ultimately, the Seller and Buyer are responsible for
successful completion of a transaction. Despite the tools offered to its
Members, shop4assets cannot guarantee the completion of a transaction between a
Seller and a Buyer.
Fees and Services
Fees for joining shop4assets.com is $1. This amount of $1 is used by
shop4assets.com for ID and credit card verification services. This makes sure
that we have legitimate members on the site.
Bidding on listed items is free.
We do not charge any fees for listing items. Listing fee
for posting an item on shop4assets.com website is 100% FREE.
There is non refundable 3% buyer’s premium fees charged to the winning bidder (
also known as buyer ). This fee will be charged to buyer’s credit card on file
immediately after the auction ends.
Under shop4assets.com terms and conditions, buyer
authorizes shop4assets to charge
the buyer’s credit card account on file with shop4assets.com
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees and applicable taxes associated with the Sites
in a timely manner with a valid payment method. If your payment method fails or
your account is past due, we may collect fees owed using other collection
mechanisms. (This includes charging other payment methods on file with us,
retaining collection agencies and legal counsel )
Content License
Shop4assets.com does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub
licensable (through multiple tiers) right to exercise the copyright, publicity,
and database rights you have in the content, in any media known now or in the
future (We need these rights to host and display your content). You represent
and warrant that you own or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person or entity;
and that you will indemnify shop4assets.com or its affiliates for all claims
resulting from content you supply.
Release
If you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, 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."
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served to the
email address you provide to shop4assets.com during the registration process.
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 legal notice by mail to the address provided during the registration
process. In such case, notice shall be deemed given three days after the date
of mailing.
Advertisers / Links
The shop4assets.com website or services may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
shop4assets.com has no control over such sites and resources, you acknowledge
and agree that shop4assets.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree that
shop4assets.com shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on or through
any such site or resource.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that shop4assets.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
Placing Bids
By placing a bid on an item(s) listed on Shop4assets.com, you are stating that
you have the ability and intention to purchase the item for the amount of your
bid, should the auction end and you are the high bidder. In the case of a
reserve auction, if your bid meets or exceeds the sellers stated reserve price,
you agree to purchase the item(s) for the amount of your winning bid.
Before placing a bid in an auction, you should be certain you understand and
agree to all terms and conditions of the sale as indicated by the seller.
Placing a bid is considered a legal, binding contract in most states. If you
have any questions about an item, or the seller offering the item, you should
ask the seller before placing your bid.
Only in certain situations would bid withdrawal be acceptable. These situations
may include:
a) The seller has made material changes to the description of the item after
your bid was placed.
b) The seller has made a typographical error in the description of the item.
Bidders may not engage in the following activity:
a) Bidding in a manner that causes the maximum bid of other bidders to be
revealed, then retract your high bid, and bid again at a lower increment above
the true high bidder.
b) Placing bids for the purpose of exposing the seller’s reserve price, then
retract your bid and bid again later with a secondary User ID.
c) Bidding on any item that you do not have the intention or means to purchase
at the close of the auction, should your high bid cause you to win the auction.
You are encouraged to ask the seller of an item listed on Shop4assets's, any
questions you may have regarding the sale of, or condition of the item before
placing your bid.
d) By placing a bid, you further state that the purchase and or delivery of the
item does not violate any local, state or federal laws, regulations or
guidelines regarding the sale or distribution of such item(s).
No
resale of service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your User ID),
use of the Service, or access to the
Service.
Abusing
Shop4assets.com
Shop4assets.com and the Community work together to keep the site working
properly and the Community safe. Please report problems, offensive content, and
policy violations to us.
You may not make bids under a false name, impersonate any participant, or use
another participant's password(s). Such fraudulent conduct is a violation of
federal and state laws. Fraudulent conduct may be reported to law enforcement,
and Shop4assets.com will cooperate to ensure that violators are prosecuted to
the fullest extent of the law.
You may not use our sites to transmit or forward, either directly or
indirectly, any unsolicited bulk e-mail or unsolicited commercial
e-mail("Spam"). Shop4assets.com prohibits members from sending Spam. You also
may not deliver Spam or cause Spam to be delivered to any of shop4assets.com
Services or shop4assets.com customers.
As permitted by applicable law, shop4assets.com has the right, but not the
obligation, to monitor any activity and content associated with this Site.
Shop4assets.com may investigate any reported violation of its policies or
complaints and take any action that it deems appropriate. Such action may
include, but is not limited to, issuing warnings, suspension or termination of
service, denying access and/or removal of any materials on the Site, including
listings and bids. Shop4assets.com reserves the right and has absolute
discretion, to remove, screen or edit any content that violates these
provisions or is otherwise objectionable.
Without limiting other remedies, we may limit, suspend, or terminate our
service and user accounts, prohibit access to our website, remove hosted
content, and take technical and legal steps to keep users off the Site if we
think that they are creating problems, possible legal liabilities, or acting
inconsistently with the letter or spirit of our policies. We also reserve the
right to cancel unconfirmed accounts.
Closing
Your Account
To close your account, you could email our customer support at service@shop4assets.com. We do retain personal information
from closed accounts in order to comply with law, prevent fraud, collect any
fees owed, resolve disputes, troubleshoot problems, assist with any
investigations, enforce our User Agreement, and take other actions otherwise
permitted by law.
Modifications To
Service
Shop4assets.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that shop4assets.com shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
Notice
and Procedure for Making Claims of Copyright or Intellectual
Property Infringement
Shop4assets.com respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please send us an email at support@shop4assets.com with information specified below.
*A description of the copyrighted work that you claim has been infringed upon;
*A description of where the material that you claim is infringing is located on
the site, including the User Name, Item Number, if applicable;
*Your address, telephone number, and e-mail address;
*A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
*A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Disputes
and Release
We can not and will not get involved in disputes between users. If you have a
dispute with one or more users, you hereby release shop4assets.com (including
all officers, subsidiaries, directors, licensors, joint ventures, employees,
parent companies, contractors, suppliers, and agents) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
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."
Selling on
Shop4assets's
Review the how to sell an item for more information.
Personal
Information
Shop4assets.com may collect, store, and process your information such as your
first and last name, email address, physical contact information, telephone #,
birth date, and credit card information, and all information you provided and
all your content generate to our site.
The use of your information is explained in our current private policy
Every Shop4assets.com membership must always have a valid email address.
Members must maintain and promptly update the Registration Data to keep it true,
accurate, current and complete.
Your
Password
You may not disclose, share, or distribute your password to any third party.
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you lose control of your password, you may lose substantial control over your
personal information and may be subject to legally binding actions taken on
your behalf. If you feel your password has been jeopardized, you must notify
shop4assets.com via email immediately. You must ensure that you exit from your
account at the end of each session..
Access and
Interference
Neither you nor any parties affiliated with, contracted by, or created by you
may take any actions to interfere with or interrupt, the operation or stability
of the Shop4assets.com's web site. This includes, but is not limited to, the
use of any software, device, or programming routine that could place excessive
loads on our system or interfere with any listing or auction listed on our
site, or any users account or information. You agree that you will not use any
robot, spider, scraper or other automated means to access the Site for any
purpose without our express written permission. You may not copy, reproduce,
modify, create derivative works from, distribute, or publicly display any
content (except for Your Information) from the Site without the prior expressed
written permission of shop4assets.com and the appropriate third party, as
applicable. You may not bypass our robot exclusion headers or other measures we
may use to prevent or restrict access to the Site.
You may not use our site or service to distribute viruses or any other
technologies that may harm shop4assets.com or others.
Privacy
For a complete description of how we use and protect your personal information,
please review the Shop4assets's private policy.
If you object to your Information
being transferred or used in this way please do not use our services.
Notice
All notices given between both parties (You and Shop4assets's) will be made via
email, certified mail, regular mail, or registered mail. Notices we send you
will be addressed to the email address which you provided during the
registration process or currently have on file in your account with us.
Legal Responsibility
The Site and Services only may be used for lawful purposes and in a lawful
manner. You may not offer for sale or sell items to any buyer in a jurisdiction
where the item or terms of the sale violate applicable laws or regulations. You
also may not offer for auction any item that violates Shop4assets's policies.
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our service and your bidding on, listing,
purchase and sale of items through our site. Sellers and buyers are responsible
for researching and complying with any applicable laws, regulations or
restrictions on items, or manner of sale or exchange, that may pertain to
transactions in which they participate.
No Partnership /
Agency
You and Shop4assets.com's act as independent contractors. At no time is any
partnership, agency, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Violation of User
Agreement
We may terminate your account, registration temporarily or permanently should
you violate any portion of this User Agreement. This includes the termination
or suspension of any auctions you may be running at the time, without refund of
any fees or compensation or liability for loss of business or revenues which
you may claim, as a result of such termination.
No Waiver
Shop4assets's failure to enforce the strict performance of any provision of
this Agreement will not constitute a waiver of Shop4assets's right to
subsequently enforce such provision or any other provisions of this Agreement.
General
Shop4assets.com reserves the right to refuse service to anyone.
If a dispute arises between you and Shop4assets.com, we strongly encourage you
to contact us directly by going to
disupte center and file a dispute. We will consider reasonable requests to resolve the dispute.
You agree that your Shop4assets.com account is non-transferable and any rights
to your User ID or contents within your account may terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
You may not use or manipulate this service for any fraudulent activity or
purpose.
Shop4assets.com retains the right, but does not have the obligation, to
immediately halt any auction or product sale, prevent or restrict access to the
Site or the Services or take any other action in case of technical problems,
objectionable material, inaccurate listings, inappropriately categorized items,
items, auction inaccuracies, product inaccuracies, unlawful items, procedures,
or actions otherwise prohibited by the procedures and guidelines contained on
the Site, or for any other reason in the sole and absolute discretion of
Shop4assets.com, and to correct any inaccurate listing, auction inaccuracies,
product inaccuracies, inappropriately categorized items or technical problems
on the Site.
You understand and agree that it is the seller's and the buyer's responsibility
to determine whether sales or use taxes apply to the transactions and to
collect, report and remit the correct tax to the appropriate tax authority. You
also agree that Shop4assets.com is not obligated to determine whether sales or
use taxes apply and is not responsible to collect, remit or report any sales or
use taxes arising from any transaction.
This Agreement and the terms and conditions herein, shall be governed by the
laws of the State of
California
without regard to its conflict of law provisions. You further submit to the
legal jurisdiction of the state of
California
and agree that any legal action or proceeding regarding this Agreement and the
relationship between you and Shop4assets.com, whether it be on a local, state,
or federal level, shall be brought within the
county
of
Santa
Clara
,
California
. You and Shop4assets.com agree that any cause of action arising
out of or related to the Shop4assets web sites must commence within one(1) year
after the cause of action accrues. Otherwise, such cause of action is
permanently barred.
Disclosure
The services herein are offered by Shop4assets's. Any Inquiries can be made to
the following address:
Shop4assets.com
2464 El Camino Real #232
Santa
Clara
,
CA
95051
The section titles in this agreement are solely used for the convenience only
and have no legal or contractual effect. Bottom of Form
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