This document describes the terms and conditions on which BuyFromSeller.com offers a Member ("You") access to our services. If you have a question about these terms that is not addressed in this agreement, please contact us.
PLEASE READ THIS AGREEMENT CAREFULLY
Acceptance of Terms
By completing the registration process or using the BuyFromSeller.com service, you agree to the terms of this Member Agreement, and to abide by the other terms, policies, procedures, and guidelines on BuyFromSeller.com. BuyFromSeller.com may amend these terms from time to time. If you do not agree to the changes, you must request that your account be closed. Your continued use of our service will signify your acceptance of the updated terms.
BuyFromSeller.com Is Only a Venue
BuyFromSeller.com acts as a matching service for Members to locate people to buy, sell, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the site. As a result, we cannot verify or endorse the quality, safety, or legality of the posted advertisements, or the truth or accuracy of the content on our site.
Member Obligations and Terms
You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication. Your information (or content) includes any information you provide to us or other members during the registration, trading, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of your items and services. We may take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us. You acknowledge that BuyFromSeller.com may not pre-screen content, but that BuyFromSeller.com and its designees have the right (but not the obligation) in their sole discretion to refuse, modify, or reorganize any content that is available via the service. In addition, BuyFromSeller.com has the right to suspend or terminate your account and refuse any and all current or future use of our service, at any time and at our sole discretion. BuyFromSeller.com reserves the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice.
Without limiting any other remedies, BuyFromSeller may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
You agree that your information and the content you post on BuyFromSeller.com:
- will be true, accurate, and up-to-date;
- will not be fraudulent or involve the sale of stolen items;
- will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
- will not be obscene or contain child pornography;
- will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement or (ii) you do not have a right to link to or include;
Accounts and or content found to be in violation will be removed without notification or refund. Repeat offenders or severe violations will have their accounts terminated and could be blocked from accessing our services.
Unless otherwise stated, all monetary values are quoted in U.S. Dollars. You are responsible for paying all applicable fees, taxes and duties and for all costs you incur as part of the BuyFromSeller.com service.
You agree to grant us a nonexclusive, 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 posted content, in any media now known or not currently known.
The Trading Proces
- Negotiating. Members negotiate with each other through the process of formulating offers and counteroffers. Making an acceptance or confirmation of an acceptance constitutes an obligation for all parties involved to complete the transaction. Acceptances are not retractable except in exceptional circumstances. These circumstances may include, but are not limited to situations where a Member materially changing the description of the item after your offer was made or clear typographical errors, or when you cannot authenticate the identity of a Member involved in the trade.
- Posting. Classifieds are text descriptions, graphics, and/or pictures on BuyFromSeller.com's website supplied by you that either (a) describe a good or service you have or provide (b) describe a good or service item you are seeking. You may post either or both of these types of classifieds on BuyFromSeller.com's site, provided that you place such classifieds in an appropriate category. BuyFromSeller.com is not responsible for the accuracy or content of classifieds. All classifieds are subject to approval based on BuyFromSeller.com Advert Guidelines.
- Disputes. BuyFromSeller.com is not responsible for resolving disputes between parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
To maintain a Membership with BuyFromSeller.com, You must meet the following requirements and BuyFromSeller.com reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis:
You may only sign up once and maintain one Membership. Only one individual per account. Only one account per e-mail address. Only one account per individual. Any duplicate accounts are subject to cancellation.
You must provide BuyFromSeller.com with valid contact (email address) information and may not impersonate or misrepresent your identity. BuyFromSeller.com reserves its rights under the laws to terminate your account, and associated membership, containing untruthful information for which You are responsible; BuyFromSeller.com may request from time to time that you update the information on your online registration. BuyFromSeller.com may terminate your membership and close your account if you fail to update your information upon request from BuyFromSeller.com.
Your user name, password, and account are personal to you and are not transferable; You may not allow anyone else to use your password or account; You may not use anyone else's password or account. You are responsible for keeping Your password secret; BuyFromSeller.com is not liable for any loss or damages caused by any disclosure of your password or account; You may only create an account for yourself and may not establish an account on behalf of anyone else.
You may cancel Your Membership contacting support. If you decide to cancel Your membership and later wish to re-enroll, You will be assigned a new account, and you will not receive further credit for referrals made using Your previous account.
To the full extent allowed by applicable law, BuyFromSeller.com at its sole discretion and for any or no reason may refuse to accept applications for membership and may terminate any Members without prior notice for good cause, particularly including, but not limited to: (a) any violation of any provision of this Membership Agreement; (b) aiding in or promoting circumvention of the Service; (c) acting against the business interests or reputation of BuyFromSeller.com; (d) otherwise acting in a severely or substantially unlawful manner in relationship to BuyFromSeller.com, the BuyFromSeller.com Web site or the Service; (e) material breach of our anti-spam policy; or (f) any other reason at the discretion of BuyFromSeller.com;
If your account is terminated by BuyFromSeller.com, You may not re-enroll or join under a new account unless formally invited to do so by BuyFromSeller.com.
BuyFromSeller.com may terminate a Member's account if no activity has occurred in such account for six (6) consecutive months. Any accrued earnings or referrals in such account shall be forfeited.
If an account is terminated for any policy infringment, any accrued earnings or referrals in such account shall be forfeited.
Member User Names
BuyFromSeller.com may, at it sole discretion, change or remove any member user name. Action may be taken on names which:
- Represent any form of contact information (URL, email, phone, etc).
- Represent something other members may consider offensive or inappropriate.
- Cause confusion in our marketplace
BuyFromSeller maintains ownership and all rights to the BuyFromSeller name, logo, databases, web site, information and site graphics. The member may under no conditions use or modify any copyrighted material in ways not stated in these terms and conditions. Any material owned or created by BuyFromSeller may be used only to promote the member's site or refer new members to the BuyFromSeller web site.
No member shall be required to pay any dues to maintain an active BuyFromSeller registration. If the member chooses to participate in optional fee-based services, the membership fee must be paid in advance to maintain continuous service.
When a new member links to our network from a member's web site through the HTML or programming code which BuyFromSeller provides the member, the referring member's username will be logged. Should that visitor become a new member, the referring member will be given adequate credit for providing the referral.
No member will receive referral credit unless the member's account is in compliance with all terms, rules, and regulations.
If an account is terminated for any policy infringment, any accrued earnings or referrals in such account shall be forfeited.
Restrictions & Termination
A member may not artificially inflate traffic counts, or click counters using any device, program robot or other means. BuyFromSeller will immediately terminate, without obligation to redeem outstanding credit or cash balances, the membership of any member that does not comply with all terms of this agreement, provides innacurate or dishonest information for fraudulent purposes, or is found linking to or promoting the BuyFromSeller web site in newsgroups, bulk e-mail, chatrooms, or guestbooks. No refunds, cash or credits or other account balances may be redeemed after an account is closed, regardless of the reason for closure.
Risk & Liability
The member agrees to participate in the BuyFromSeller service at his/her own risk and agrees NOT to hold BuyFromSeller, its administrators, partners, employees, or sponsors liable for any damage or loss of information that may occur from the use of BuyFromSeller services. The member agrees to defend, indemnify and hold the BuyFromSeller Network harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from the member's violation of this Agreement or any third-party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive any termination of this Agreement.
Your relationship to BuyFromSeller.com
You and BuyFromSeller are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. BUYFROMSELLER.COM HAS NO OBLIGATION TO OFFER THE SERVICE TO YOU.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE BUYFROMSELLER SERVICE (“THE SERVICE”) IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BUYFROMSELLER.COM EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BUYFROMSELLER.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER BUYFROMSELLER.COM NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BUYFROMSELLER.COM'S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED US ONE HUNDRED DOLLARS ($100). If you are dissatisfied with the BuyFromSeller.com Service or promotions available through the Service, Your sole and exclusive remedy is to cancel your membership in BuyFromSeller.com
If You have questions about this Membership Agreement, please feel free to contact us.