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Use of the SBDMALL web site and the
services we offer constitutes your acceptance of all terms and
conditions stated in the below User Agreement.
SBDMALL reserves the right to change
or amend this agreement at any time. Changes or Amendments will be
posted to our site and considered effective 30 days from the date they
are posted to the site. If you do not agree to such changes, you may
request that we close your account by contacting us.
All questions regarding this User
Agreement should be sent via email to Legal
Support .
When agreeing to these
term you are also agreeing that these same terms apply to all
Selling/Listing/Promoting and any other sites or services that are
offered available to you through your SBDMALL Storefront Lease.
1. Eligibility / Registration
To use our services, you must be at least 18 years of age and be able to
form or enter into a legally binding contract in accordance with
applicable laws. If you are eligible to use our services, you must
complete the Registration process by providing SBDMALL with true and
correct information as required on the SBDMALL registration form. If the
information you provide is found to be false or non-verifiable, we may
suspend or terminate your registration and account.
2. SBDMALL serves only as a Venue
SBDMALL is an Internet site on which registered users post ads offering
merchandise which they possess and wish to sell in an open market
environment. Registered users may also bid on, trade or buy such
merchandise. At no time does SBDMALL possess, hold, or offer any
merchandise for sale or auction, nor are we involved in any part of the
actual transaction. SBDMALL serves only as a venue in which individual
sellers and buyers may engage in transactions between each other.
Because of our non-involvement in these transactions, it is the sole
responsibility of the seller to accurately represent the quantity,
quality, safety, authenticity, and availability of the items the seller
has listed on the site. Furthermore, it is the responsibility of the
bidder/buyer to verify with the seller any or all information about any
item listed on SBDMALL, for which they intend on purchasing, before
completing checkout. SBDMALL can not be responsible for a sellers
willingness or ability to sell any item they have listed, or a Buyers
willingness to follow through with a transaction for an item(s) for
which they have purchased. We encourage open communication between
buyers and sellers before and after any transaction takes place.
3. User Verification
Because of difficulties involved with verification over the Internet,
SBDMALL is unable to guarantee that a user is who they may claim to be.
If you are uncertain as to another users identity, we suggest that you
contact them.
4. Disputes and Release
Because SBDMALL has no involvement in transactions between users we can
not get involved in disputes between users. You hereby release SBDMALL
(including all officers, employees, parent companies, contractors,
suppliers, or agents) from any and all types of damages or claims
resulting from such disputes.
5. Selling on SBDMALL
By listing an item(s) for trade/sale on SBDMALL, you are stating that
you have the intention and ability to sell the item(s). You furthermore
state that any item(s) which you are offering for trade/sale does not
violate any local, state, or federal laws, regulations, or guidelines
prohibiting the sale or distribution of your item(s).
Listings may consist of any one, or
a combination of the following:
·
A detailed and accurate
text description of your item
·
A picture which you
supply of your item
·
A link to a picture (that
you own or have rights to link to)
Listings
may not contain items or information that:
·
Violate any state, local,
or federal laws that prohibit the sale or distribution of your item.
·
Infringe upon any third
parties, copyright, patent or trademark rights.
·
Falsely advertise, or
misrepresent the merchandise being offered for sale.
·
Are sexually explicit in
nature ,contain or describe sexual acts, nudity, pornography or child
pornography, or would be classified as Adult only material.
·
By paying a leasing fee
or Mall Storefront to SBDMALL, might cause us to violate any local,
state, federal law, regulation or guideline.
·
Listing an item in which
you have a limited quantity available, and have also listed, at the same
time, on another online store or auction site.
·
Listing items which you
do not have possession of at the time of listing unless this information
is clearly stated within the item's description.
6.
Fees
There are no hidden fees! Only the basic Yearly Storefront Lease to sell
merchandise listed on SBDMALL. All fees are quoted in U.S. Dollars,
unless otherwise specified. You are responsible for paying applicable
taxes and any costs that you may incur to use our services or access our
web site. This includes, but is not limited to, any such hardware,
software, or service. We may at any time add to, delete or change any
portion or all of our services.
7.
Personal Information
Personal information is the information that you provide to SBDMALL at
the time of your lease. This information will be held in the strictest
confidence of SBDMALL and will not be sold or traded to mailing list or
any other type companies.
8.
Your Password
You may not disclose, share, or distribute your password to any third
party. If you feel your password has been jeopardized, you may change
your password at any time, and as often as you wish. However your
original password is what SBDMall will use to as verification to your
account.
9.
Stability
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 SBDMALL 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.
10.
Privacy
SBDMALL takes several steps to protect and prevent the misuse of the
personal and private information you supply us. Refer to section 7.
11.
Notice
All notices given between both parties (You and SBDMALL) will be made
via email, certified 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.
In these instances, unless the party sending the email is notified that
the Recipients email address in not valid, such notices will be
considered given 24 hours from the time the email is sent. Notices
regarding changes to the terms and conditions of the User Agreement may
be given by posting such changes to the site, and will be considered
given and effective 30 days from the time of such posting.
12.
Limitation of Liability - Non Warranty
IN NO EVENT SHALL SBDMALL (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS,
EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE
USE OF THE SITE.
THE
SITE AND SERVICES ARE OFFERED "AS IS" AND "AS
AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR
IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON INFRINGEMENT.
13.
Indemnification
You agree to indemnify and hold harmless SBDMALL, its officers,
employees, parent companies, subsidiaries, contractors, vendors or
affiliates, from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the
SBDMALL, the violation of this User Agreement by you, or the
infringement by you or any other user of this site using your computer,
of any intellectual property or other right of any person or entity.
14.
Legal Responsibility
It is your responsibility to comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our service and your
Storefront on, listing, purchase and sale of items through our site.
15.
No Partnership / Agency
You and SBDMALL act as independent contractors. At no time is any
partnership, agency, joint venture, employee-employer or
franchiser-franchisee relationship intended or created by this
Agreement.
16.
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.
17.
General
This Agreement and the terms and conditions herein, shall be governed by
the laws of the State of Missouri. You further submit to the legal
jurisdiction of the state of Missouri and agree that any legal action or
proceeding regarding this Agreement, whether it be on a local, state, or
federal level, shall be brought in Columbia, Missouri, or a court within
the jurisdiction of the state of Missouri.
18.
Disclosure
The services herein are offered by SBDMALL. Any Inquiries can be made to
the following address:
SMALL BUSINESS DISCOUNT NETWORK
ATTN: Legal Department--SBDMall
Ste.
200
3610
Buttonwood Dr.
Columbia, MO 65201
USA
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