Please read this Terms of Use Agreement (the "Agreement") carefully. The Agreement sets out the terms under which Satisfaction.com services (the "Services") are provided to you by Satisfaction.com (the "Company") through the Satisfaction.com website (the "Site"). By using the Site you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a User. If you do not agree to the Terms, do not use or otherwise access this Site.
Membership. Membership to the Site and Services are only available to those who can form a legally binding contract and are at least 18 years of age.
Marketing Venue Only. The Site is only a marketing venue. Although we describe the Site as an "Auction" solely for marketing purposes, we do not sell, buy or transact funds for items listed on the Site. We are only a marketing facilitator that allows buyers and sellers to interact and transact their business. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, 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 buyers will complete the purchases of items they have bid on. As such, we cannot be held responsible for any of the actions of buyers and/or sellers on the Site. We cannot guarantee the accuracy or legitimacy of items posted to the Site, nor can we guarantee the that the buyers will receive goods as promised from sellers. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. The Company shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. The Company shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. The Company assumes no liability for the content of the listings. As with any online environment, we urge all users to use common sense and prudent business practices when dealing with others.
Links, Listings and Items The Site may contain links and/or listings to products, items, resources or other websites. We neither control nor endorse such products, items, resources or other websites nor have we reviewed these products, items or content. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, items, services or information located on the Site or through any other linked Web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.
Your Conduct You are solely responsible for the contents of your actions through the Site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. You agree not post for auction any items for auction that are against any federal, state or local laws, codes or statutes. In such cases, any such items will be promptly removed from the Site and in certain cases the user's account will be suspended from further usage. Additionally, the posting of any illegal, vulgar, obscene, hateful or defamatory language, photographs or images will not be tolerated and will constitute grounds for permanent user-account suspension. The Company, in the sole discretion of its management, reserves the right to refuse service to any user. If you notice a listing that you feel is violating the general terms and conditions of the Site please contact us.
Bidding and Selling Rules As a member, you may bid on and/or sell items on the Site. As a bidder, you agree that placing a bid is a legally binding contract between you and the seller, and the bid cannot be retracted unless a typographical error was made by the seller. Once you have placed a bid, and if you win the auction, you will be obligated to buy the product at the price you indicated as the winning bid. Placing a bid on this auction site, winning, then not paying for the item is illegal in most states and prosecution may result. As a seller, the item that you place up for auction must be legitimate and accurately described. Once a bid has been placed for your item, you will have enterred into a legally binding contract with the potential buyer of the product, if that bid is the highest bid. At the close of the auction, if over reserve price (if applicable), you are legally obligated to sell to the winner i.e., the highest bidder in your auction. If you entered a reserve price that was not met you will not be obligated to sell the item. As a seller, you are not in any way to bid on your own items and if reported and substantiated, your auction will be deleted and your membership may be suspended.
Rights To Suspend or Terminate You agree that the Company, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of the Site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non-paying bidder. In most cases when we suspect foul play we will suspend your account/listing while we investigate further. If our investigation is conclusive then your account with us will be terminated.
Proprietary Rights. Satisfaction.com owns and retains other proprietary rights in the Services and the Site. The Services and the Site contain the copyrighted material, trademarks and other proprietary information and software of Satisfaction.com.
Disclaimer of Warranty. SATISFACTION.COM PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH SATISFACTION.COM OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. SATISFACTION.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SATISFACTION.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED.
Limitation of Liability. IN NO EVENT WILL SATISFACTION.COM BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM AUCTION VIEWING, BUYING OR SELLING ACTIVITIES, COMMUNICATIONS WITH OTHER USERS OF THE SITE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS/SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF SATISFACTION.COM OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS SATISFACTION.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SATISFACTION.COM.
Indemnity by User. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
Entire Agreement. This Agreement, accepted by you upon using the Service, contains the entire agreement between you and Satisfaction.com regarding the Service and the Site. In the event of any conflict between any of the agreements, this Agreement shall control. Unless otherwise explicitly stated, the Terms will survive termination of your use of the Service. This agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of Satisfaction.com. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. By continued use of the Satisfaction.com service, the User certifies that the User has read, understood and agrees to be bound by these Satisfaction.com Terms and Conditions. |