RadicalBuy Terms of Service

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We strongly recommend you read the following terms and conditions.

These General Terms of Use apply to the use of the Radical Buy website located at www.radicalbuy.com (including sub-domains) and the services or applications provided on or through that website and through any Radical Buy widgets or applications on a third-party site. The Radical Buy website, the services or applications provided on or through the website or through any Radical Buy widget or application on a third-party site are property of IMKI Ventures, Inc. (doing business as "Radical Buy").

BY USING THIS SITE, YOU AGREE TO ABIDE BY THESE GENERAL TERMS OF USE, INCLUDING THE VARIOUS POLICIES FOR WHICH LINKS ARE PROVIDED, AS A CONDITION TO, AND DURING THE PERIOD OF, YOUR USE OF THE RADICAL BUY WEBSITE, SERVICES, APPLICATIONS AND WIDGETS. IF YOU DO NOT AGREE, DO NOT USE RADICAL BUY'S WEBSITE, SERVICES, APPLICATIONS AND WIDGETS.

As long as you comply with these General Terms of Use, including the other policies and procedures for which links are provided, as modified from time to time, Radical Buy ("we," "us," "our" and similar derivations) hereby grants you, as an end user, a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to use our website, services, applications and widgets solely in compliance with these General Terms of Use.

Purpose

We provide our website, services, applications and widgets solely as a location for buyers to locate and purchase new and used products from sellers that are independent of us and for others, who are independent of us as well, to assist sellers in locating buyers or consummating a sale on behalf of a seller. When buyers make purchases from sellers, or agents of a seller, through our website, services, applications or widgets, they are purchasing the product from the seller or the seller's agent and not from us. You agree that we are not an agent for you or for the buyer or seller and have no authority to act on your or on a buyer's or seller's behalf. Because we are not involved in the transaction between the seller, buyer and, if applicable, an agent of seller, we have no control over buyers who make purchases, the ability of buyers to pay for items they may purchase from sellers or agents of sellers and the sellers or agents of sellers who offer products and services for sale. We have no responsibility to ensure that a buyer, seller or agent of seller completes a transaction with you or makes final payment or delivers the product to you.

Use

In order to use, and during your use of, our website, services, applications or widgets, you hereby agree that you will not:

Violate any laws (local, state, federal, national or international), third-party rights or our polices;
Use our website, services, applications or widgets if you are under the age of 18 or otherwise unable to enter into legally binding contracts;
Fail to deliver items purchased from you or your agent, unless the buyer does not comply with the terms of purchase or you cannot authenticate the buyer;
Fail to deliver payment for any items purchased by you, unless, after you offer to purchase the item, the description or purchase terms of the item have been changed by the seller or agent of seller in any material manner;
Fail to deliver payment for any commission earned by any person with whom you approved to sell an item on your behalf;
Manipulate or interfere with others' listings or the prices of any items;
Circumvent the fee structure, the billing process or fees owed to us or any person with whom you approved to sell an item on your behalf;
Post false, inaccurate, misleading, defamatory or libelous content (including personal information);
Distribute or post spam, chain letters or pyramid schemes;
Distribute viruses or any other technologies that harm us or the interest or property of our users;
Copy, modify or distribute content from our website, applications or widgets or our copyrights and trademarks; or
Harvest, or otherwise collect, information about our users, including, without limitation, email addresses, without that particular user's consent.

Content, Copyright and Trademark Notice

All media, software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the website and within the widgets and applications (collectively, but not including any of your posted content, the "Content"), including, but not limited to, the design, selection, arrangement and coordination of such Content on the website, applications and widgets is owned or licensed by or to us, and is protected by copyright, trade dress and trademark laws and various other intellectual property rights laws. Except as expressly provided in these General Terms of Use, no part of the website, applications or widgets and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without our prior express written consent. Except as expressly provided in these General Terms of Use, you are not granted any rights or licenses to any patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and we reserve all rights not expressly granted hereunder. Our and all the other marks, custom graphics, icons, logos and service names on the website and within the widgets and applications are our trademarks and service marks or our licensors. The use of any such trademark or service mark without our express written consent is strictly prohibited.

We are a distributor, and not a publisher, of content supplied by third-parties and users. Accordingly, we do not possess editorial control over that content. Any opinions, advice, statements, services, offers or other information or content expressed, or made available, by third-parties, including, without limitation, buyers, sellers, agents of sellers, end users or any other user of our website, services, applications or widgets, are those of the respective author(s) or distributor(s) and not ours. Neither any third-party provider of information nor we guarantee the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall we be liable for any loss or damage caused by a user's reliance on information obtained through us. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through us. We generally do not pre-screen, monitor or edit the content posted by users. Our agents and we, however, have the right, at our sole discretion, to remove at any time any content that, in our judgment, does not comply with these General Terms of Use or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content. We shall have the right, but not the obligation, to monitor the content of our website, services, applications and widgets, including postings and communications, to determine compliance with these General Terms of Use and any operating rules established by us and to satisfy any law, regulation or authorized governmental request.

Pursuant to 17 U.S.C. 512, as amended by Title II of the Digital Millennium Copyright Act, we will terminate the account of any user who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to us and later confirmation through court order or an admission by the user that an account has been an instrument of unlawful infringement, we will terminate the infringing user's account. We also may, in our sole discretion, decide to terminate a user's account privileges prior to that time if we have a good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. 512(c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act. We respect the intellectual property of others and we ask you to do the same. If you believe that your copyright has been infringed through our website, services, applications or widgets, please contact our legal department via facsimile at
(214) 744-8811, or mail at: Attn: Legal Department, Radical Buy, 320 South Walton, Dallas, Texas 75226.

Any written notice describing the infringing activity must include the following information:

A description of the allegedly infringing work or material;
A description of where the allegedly infringing material is located on our website, application or widget;
Information reasonably sufficient to allow us to contact you, such as your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent or the law;
A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, whose exclusive right is allegedly infringed; and
An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Accounts

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security. You may be held liable for losses incurred by us or any other user of our website (including sub-domains), services, applications or widgets due to someone else using your password or account. You may not use anyone else's password or account at any time. You may not attempt to gain unauthorized access to our website (including sub-domains), services, applications or widgets. Should you attempt to do so, assist others in making such attempts or distribute instructions, software or tools for that purpose, then your account will be terminated immediately. You agree to provide us with accurate, current and complete information about yourself and your billing/payment information as prompted by the registration process or any conversion and redemption process. You may update any of your account information by following the procedures set forth on the website, applications or widgets. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, index, manipulate, test or monitor any portion of our website, services, applications or widgets or any Content, or in any way reproduce or circumvent the navigational structure or presentation of our website, services, applications or widgets or any Content, to obtain, or attempt to obtain, any materials, documents or information through any means not purposely made available through the website, services, applications or widgets. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our website, services, applications or widgets or any of the systems or networks comprising, or connected to, our website, services, applications or widgets. You agree not to send any emails to unknown individuals or any unwanted emails to known individuals, through any services offered to you on our website, services, applications or widgets or in any way referring to us, for any purpose, including without limitation, to solicit their membership in your Radical Buy network.

You also agree that we may, in our sole discretion and without prior notice to you, terminate your access to our website, services, applications and widgets and your account for any reason, including without limitation:

any attempts to overcome any software security features limiting use of, or protecting, any Content;
discontinuance or material modification of our website or any service or applications offered on or through our website, services, applications or widgets;
any suspected or actual violation of these General Terms of Use;
suspected or actual copyright infringement;
unexpected operational difficulties;
inactivity for more than 12 months; or
requests by law enforcement or other governmental agencies.

You agree that we shall not be liable to you or to any third-party for termination of your account or access to our website, services, applications or widgets. For purposes of clarity, upon any termination of your account for any reason, all licenses granted to you hereunder shall immediately terminate, but all other General Terms of Use shall survive the termination of your account.

Privacy

As more fully described in our Privacy Policy, you must disclose certain personally identifiable information to use our website, services, applications or widgets. As a condition to registering with our website, services, applications or widgets or using any service offered on, or in connection with, our website, applications or widgets, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your personally identifiable information and non-personally identifiable information as described in our Privacy Policy, which is incorporated herein for all purposes. The terms and conditions of our Privacy Policy will change from time to time, and as a condition to browsing our website, using any features, applications or widgets, making any purchase or listing any items for sale, you agree that you will first review our Privacy Policy prior to making any such use. While we take reasonable steps to safeguard, and prevent unauthorized access to, your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD-PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

IF YOU ARE A BUYER, YOU ACKNOWLEDGE, CONSENT AND AGREE THAT WE SHALL PROVIDE SELLERS, OR, IF APPLICABLE, AGENTS OF SELLERS, WITH INFORMATION THAT IS REASONABLY NECESSARY FOR SELLERS TO SHIP THE PRODUCTS TO YOU AND TO COMMUNICATE WITH YOU REGARDING SUCH SHIPMENT AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR PURCHASE. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, YOUR NAME AND "SHIP TO" INFORMATION. YOU HEREBY AGREE THAT WE SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY SELLER OR AGENT OF A SELLER.

IF YOU ARE A SELLER OR AGENT OF A SELLER, YOU ACKNOWLEDGE, CONSENT AND AGREE THAT WE (A) SHALL PROVIDE BUYERS WITH INFORMATION THAT IS REASONABLY NECESSARY FOR BUYERS TO COMMUNICATE WITH YOU REGARDING THE PURCHASE AND SHIPMENT OF GOODS AND SERVICES PURCHASED FROM OR THROUGH YOU AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH THEIR PURCHASE (INCLUDING, WITHOUT LIMITATION, THE INFORMATION PROVIDED DURING REGISTRATION AND YOUR EMAIL ADDRESS) AND (B) MAY POST FEEDBACK ABOUT YOU, INCLUDING, WITHOUT LIMITATION, YOUR RATINGS AND BUYER FEEDBACK. YOU HEREBY AGREE THAT WE SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE

OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY BUYER. You may receive access to certain information concerning other users when you use our website, services, applications or widgets. You hereby represent, warrant and agree (a) not to use any information regarding other users that is accessible from our website, services, applications or widgets or that may be disclosed to you by us, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment or other conduct that we deem unacceptable or objectionable.

Rights Granted Among the Parties

By posting information or content on our website, applications or widgets, or through our services, applications or widgets, you automatically grant, as well as represent and warrant that you have the right to grant, to us (which includes, without limitation, all of our affiliated companies), an irrevocable, perpetual, sublicensable, transferable, non-exclusive, royalty-free and fully paid-up, worldwide right and license to use, copy, transmit, perform, display, modify and create derivative works, incorporate and imbed into other works, and to distribute, transmit and generally syndicate such information or content in any medium or form, whether now existing or later created, throughout (a) our website, applications or widgets, (b) all of our properties and websites (including, without limitation, those properties and websites of our affiliated companies), and (c) throughout the Internet on any website or property that is in any way linked to one of our properties or that includes any widget or application or incorporation of our services or applications.

We may provide you with HTML or other script that allows you to frame portions of our website, services, applications or widgets, or through a separate website that expressly allows you to include such script in such a manner (each a "Permitted Site"). With respect to the script provided to you by us, we grant you a limited, non-transferable, non-sublicensable, revocable at our sole discretion, U.S. territory, non-exclusive license of our rights in and to such script, solely to include such unmodified script into a page of a Permitted Site for the use of our services, applications or widgets. You hereby (a) represent, warrant and agree to obtain all rights, consents and permissions necessary to include any such script in or on any Permitted Site, (b) represent, warrant and agree not to, in any way, modify, alter, edit or create derivative works of any such script, and (c) agree to fully indemnify, defend and hold us and each merchant harmless from and against any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with items (a) and (b) immediately above.

Communications with You

By establishing an account with us, you grant us permission to contact you at your email address. To stop receiving our marketing emails, send an email to us at unsubscribe@radicalbuy.com or follow the opt-out procedures set forth in such marketing emails. Please note that we will still need to communicate with you via email regarding your transactions and other account related issues, and that these emails are not marketing emails and are not eliminated through the foregoing opt-out procedures.

Communications by You

You hereby represent, warrant and agree not to (a) take any action or (b) upload, post, submit or otherwise distribute, or facilitate distribution of, any content (including text, communications, software, images, sounds, data or other information) using any communications service, message board, directory, survey, feedback or other service available on or through our website, applications or widgets, or the services offered on our website, applications or widgets, that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or that in any way promotes or facilitates any such activity;
is or promotes racism, bigotry, terrorism, or any hatred or physical harm of any kind against any group, individual or animal;
infringes, violates or misappropriates any patent, trademark, trade secret, copyright, right of publicity or other right of any party or otherwise promotes or facilitates any such activity;
is in violation of any applicable local, state, federal, national or international law, rule or regulation or otherwise promotes or facilitates any such activity;
constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming"), chain letters or any form of lottery or gambling, or which in any way promotes or facilitates any such activity;
solicits passwords, financial or any other personal identifying information from users or otherwise promotes or facilitates any such activity;
imposes an unreasonable or disproportionately large load on any of our computing, storage or communications infrastructure, or attempts to gain unauthorized access to our service, website, applications or widgets, other accounts, computer systems or networks connected to our service, website, applications or widgets through password mining or otherwise, or that in any way promotes or facilitates any such activity;
contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of us or any third-party, or that in any way promotes or facilitates any such activity;
harvests or collects any information from our website, services, applications or widgets or users (other than information directly related to the user's own transactions), or that in any way promotes or facilitates any such activity;
impersonates any person or entity, including any employee or representative of us, or that in any way promotes or facilitates any such activity;
contains restricted or password only access pages or hidden pages or images, or otherwise promotes or facilitates any such activity;
constitutes any improper or inappropriate (in our sole determination) communication or attempted communication with a minor; or
provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses, or that in any way promotes or facilitates any such activity.

You hereby agree to fully indemnify, defend and hold us and our officers, directors, employees, agents and affiliates harmless from and against any and all claims, demands, damages, awards, fines, costs, expenses and liability associated with foregoing items.

Feedback

You agree that any feedback you provide concerning any user will be truthful and accurate. You agree that you will not use profanity, vulgar expressions or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property or other rights of any third-party. You agree that we may publicly post your feedback without any payment or other obligation to you. You agree that we may edit your feedback in any way that we see fit and that we may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.

Fees

You hereby agree to pay us the selling fees, commissions and other fees and charges set forth in the Schedule of Fees below. These fees and charges may change from time to time. All fees and charges are payable upon demand. You agree that we are authorized to charge any credit card or other payment method connected to your account for these fees and charges and for any other amounts that you may owe us. Without limiting any of our rights or remedies available at law or in equity, we may suspend or terminate your account if any such amounts are overdue, and all such overdue amounts shall be subject to a late charge equal to the lesser of (a) 1.5% per month and (b) the maximum statutory rate, which charges shall be immediately due and payable from the due date for payment until the date of actual receipt of the amount in cleared funds by us.

Schedule of Fees

Final Value Fees
Closing Price	Final Value Fee
Item not sold	No Fee
$0.01 - $25.00	5% of the closing value
$25.01 - $1,000.00	5% of the initial $25.00 ($1.25), plus 3% of the remaining closing value balance ($25.01 to $1,000.00)
Equal to or Over $1000.01	5% of the initial $25.00 ($1.25), plus 3% of the initial $25.01 - $1,000.00 ($29.25), plus 1.5% of the remaining closing value balance ($1000.01 - closing value) up to a maximum final value fee of $500.00

We generally will not refund any amounts paid to us. Rather, if the circumstances dictate, we will issue you a credit, which may be used solely for services offered by us.

Payment

When making a purchase utilizing our services, the buyer and the seller, or, if applicable, the agent of the seller, must determine the payment arrangement among the parties involved. We do not act as a financial intermediary between the buyer, seller or the agent of the seller, as the transaction is purely between the buyer and seller, or, if applicable, the agent of the seller. WE DO NOT PROVIDE CREDIT CARD OR OTHER PAYMENT INFORMATION TO THE SELLER OR THE AGENT OF THE SELLER.

We are not the purchaser or seller of any item and any dispute must be resolved by you directly with the buyer, seller or agent of seller, as the case may be. When a buyer places an order with you through us, we will notify you. Commission fees and other amounts owed to us will be charged directly to seller's or the agent of seller's credit card or other payment method on file. We may set transaction limits on any buyer, seller or agent of a seller and will not be liable to any buyer, seller or agent of a seller for blocking or otherwise refusing to proceed with any transaction.

Shipment

Shipment of items you purchase are made by sellers and not us. Buyers hereby agree that we have no obligation to ship to buyer any item buyer purchases. Buyers hereby agree that we may provide to the seller, or agent of the seller, buyer's shipping address for shipment of the items buyer purchases. All shipping terms must be arranged among the buyer, seller and, if applicable, agent of the seller. Each of buyer, seller and, if applicable, agent of seller, agrees to pay any agreed upon shipping charges in full. Seller hereby agrees that legal ownership and all risk of loss of its items remains with seller until the buyer physically receives the items from seller. Seller agrees that it will ship only the items purchased by the buyer and will not include any additional products, materials or information not purchased by the buyer. Seller agrees to ship in accordance with the method agreed upon with the buyer.

If you are a seller or an agent of a seller, we will notify you of an order placement via your interface on the website, application or widget, via email or other reasonable method. You agree to ship, or caused to be shipped, items ordered by buyers within 72 hours following such notification of the order, unless the item is designated a "pick up" item only. You shall provide notice of shipment to us through your interface on our website, application or widget, and you hereby represent and warrant that you will only provide notification of shipment following your actual shipment of the item. If we do not receive such shipment notification within the 72 hour shipment window, we may cancel such order, and we shall have no liability to you with respect to such cancellation, including, without limitation, for any shipment made in reliance on the order or notification of such order. You agree that we have no obligation to ship any product you sell to a buyer through your use of our services.

Taxes

If you are a buyer, you agree that you and the seller or agent of seller, as the case may be, are responsible for determining the amount of sales, use or other taxes that you may owe as a result of your purchase. You are responsible to collect, report and remit any sales, use or other taxes required under applicable law. If you are a buyer, you agree (a) that we have no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, and (b) to fully indemnify, defend and hold us and each seller or agent of seller harmless from and against any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with the foregoing.

If you are a seller, you agree that you are solely responsible for determining the amount of sales, use or other taxes that you may owe as a result of your sale, and are solely responsible to collect, withhold, report and remit any such sales, use or other taxes required under applicable law. You hereby represent and warrant that you will (a) identify all states in which you have an obligation to collect and remit sales and/or use tax during registration, (b) keep such information updated at all times, and (c) will remit all such taxes collected or withheld. Upon our request, you hereby agree to immediately provide verifiable proof acceptable to us of your remittance of all sales/use tax collected; and if you are unable to provide such proof to our satisfaction, we may terminate your account. You acknowledge and agree that we have no responsibility to collect, withhold, report or remit sales, use or any other applicable taxes in connection with your sale. You hereby agree to fully indemnify, defend and hold us (and our officers, directors, employees, agents and affiliates) harmless from and against any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with the foregoing obligations or otherwise with respect to any claim, demand or allegation of sales, use or other applicable tax in any way associated with any sale made by you through us, your nexus contacts within any state or any claim alleging that we or any of our officers, directors, employees, agents or affiliates is a seller, merchant or reseller. We may immediately charge your credit card or other payment method on file any for all of the costs or expenses that are incurred by us in connection with the foregoing.

If you are an agent of a seller, you hereby agree to provide the seller with such information or completed forms that are necessary for the seller not to withhold any amounts from any commission earned by you and to pay all applicable taxes on any commissions earned by you. To the extent required, seller hereby agrees to provide to the agent of seller any promulgated forms setting forth any commissions earned by the agent of seller that are necessary for the agent to pay the applicable taxes or to file with agent's tax return.

Changes or Cancellations of Purchases

Once you have placed an order for an item, seller or an agent of seller will be handling all aspects of the order process. We will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the seller or agent of seller for any changes or cancellations that you wish to make to your order.

Items

If you are a seller or agent of a seller, you hereby represent and warrant that you will not list, offer or sell products or services that: (a) are stolen or counterfeit; (b) violate the intellectual property rights of others, such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) you do not have full right and authority to sell; (d) contain any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) violate any law, statute, ordinance, rule or regulation (local, state, federal, national or international), such as those governing export control or consumer protection; (f) contain any material that is obscene, pornographic or that contains child pornography; or (g) contain advertisements or information that is misleading, inaccurate or otherwise deceptive. All listings will comply with our guidelines published from time to time, which are deemed incorporated into these General Terms of Use for all purposes. You hereby agree to sell the item to the buyer for the listed purchase price that you post. By posting an item, you hereby agree to complete the transaction as contemplated by these General Terms of Use.

Item and Customer Support

We do not provide any customer support for any purchase you make, and you agree that we are not responsible to provide any such support. If you have any questions about the item you purchased or your shipment, you must contact the seller or agent of the seller of the item directly for any customer support that you need.

Other than to verify that payment to the seller or agent of seller by a buyer was completed, we do not provide any customer support for transactions made through our website, services, applications or widgets and you agree that we are not responsible to provide any such support.

Item Returns

You may not make any returns to us of any items that you purchase. You must contact the seller or agent of the seller for any returns that you wish to make.

Abuses

We strive to keep our website, services, applications and widgets working properly and safe. Please report problems, offensive content and violations of policies to us promptly.

Disputes

WE ARE NOT THE SELLER/MERCHANT/AGENT OF ANY OF THE GOODS OR SERVICES OFFERED FOR SALE ON OUR WEBSITE, APPLICTIONS OR WIDGETS.

If you are a buyer and you do not receive your item or you have received an item that is defective, damaged or that does not match the description contained on the website, application or widget, you must contact the seller or agent of the seller directly to attempt to resolve the problem. We will not mediate disputes or contact sellers or agents of sellers on your behalf.

If you are a seller or agent of a seller, you hereby agree to respond promptly to inquiries by buyers. You agree that you will provide a prompt refund to a buyer if the buyer did not receive the item you shipped, if the item is damaged during shipment, if the item does not match the description as listed, or if the buyer receives an item other than the one they ordered. You agree that any such refund will be made at the latest within ten (10) business days of the buyer's request. We will not mediate disputes or contact buyers on your behalf.

Without limiting any of our rights or remedies, if we determine that you have, directly or indirectly, attempted or committed fraudulent activity, we may immediately suspend or terminate your account and charge your credit card or other payment method on file or collect such funds in any other lawful manner to recover any damages and costs incurred in connection with such fraudulent activity. In addition, any such fraudulent activity is a criminal offense and violators will be prosecuted to the fullest extent of the law.

Indemnification and Release

You hereby agree to indemnify and hold harmless us and our parents, sister companies, subsidiaries, affiliates, service providers, partners, other users, distributors, licensors, officers, directors, agents and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third-party arising out of, or related to, any claim, demand or allegation, which if true, would constitute your violation of these General Terms of Use, or your violation, infringement or misappropriation of any law, statute, rule, regulation (local, state, federal, national or international) or third-party right. If you have a dispute with one or more users, you hereby release us (and our officers, directors, agents, subsidiaries, partners, affiliates 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 states: "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."

Disclaimer of Warranties

OUR WEBSITE, SERVICES, APPLICATIONS, WIDGETS, CONTENT, DATA AND INFORMATION ARE PROVIDED "AS IS." WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO, OR REFERENCED BY, OUR WEBSITE, SERVICES, APPLICATIONS, WIDGETS OR CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION. IN ADDITION, WE SHALL NOT BE LIABLE FOR ANY TYPOGRAPHICAL ERRORS.

Liability Limitations

THE ENTIRE RISK ARISING OUT OF THE USE OF OUR WEBSITE, SERVICES, APPLICATIONS OR WIDGETS, THE USE OF ANY PRODUCTS OR SERVICES PURCHASED FROM SELLERS OR AGENTS OF SELLERS, OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL WE, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE GENERAL TERMS OF USE, THE USE OF, OR INABILITY TO USE, OUR WEBSITE, SERVICES, APPLICATIONS OR WIDGETS, ANY AND ALL INTERACTIONS OR COMMUNICATIONS WITH ANY VISITOR OR USER, ANY PRODUCTS, SERVICES OR CONTENT PROVIDED ON OR THROUGH OUR WEBSITE, SERVICES, APPLICATIONS OR WIDGETS, ANY DELAY IN THE USE OF OUR WEBSITE, SERVICES, APPLICATIONS OR WIDGETS, THE PROVISION OF, OR FAILURE TO PROVIDE, ANY PRODUCTS, SERVICES OR CONTENT, ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT ON OR OBTAINED THROUGH OUR WEBSITE, SERVICES, APPLICATIONS OR WIDGETS, OR OTHERWISE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OUR WEBSITE, SERVICES, APPLICATIONS OR WIDGETS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY THAT WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, COLLECTIVELY, SHALL HAVE IN THE AGGREGATE IS LIMITED TO THE LESSER OF (A) THE FIRST TRANACTIONAL AMOUNT (PURCHASE OR SALE) MADE BY YOU, AND (B) FIFTY U.S. DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE GENERAL TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Waiver, Jurisdiction and Assignment

No delay or failure to take, or cause to be taken, any action under these General Terms of Use, as well as any other policy for which links are provided, shall constitute any waiver by us of any provision of these General Terms of Use or that particular policy. If any provision of these General Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these General Terms of Use will continue in full force and effect. These General Terms of Use will bind, and inure to the benefit of, our successors and assigns. Any claim under these General Terms of Use must be brought within one (1) year after the cause of action arises. These General Terms of Use shall be governed by, and construed in accordance with, the internal laws of the State of Texas without regard to, or application of, any conflict of laws provisions. You hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Dallas County, in the State of Texas. These General Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these General Terms of Use shall be null and void. We may freely assign these General Terms of Use without consent or notice. These General Terms of Use, together with the policies for which links are provided herein, constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Arbitration

Notwithstanding anything in these General Terms of Use to the contrary, the parties hereby agree to try to resolve any controversy or claim arising out of, or relating to, these General Terms of Use through direct discussions. If a controversy or claim cannot be settled through direct discussions, it shall be resolved by binding arbitration conducted in Dallas, Texas, and administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the "JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be licensed to practice law in Texas. The arbitrator shall not have the authority to grant any remedies the parties have waived (including, without limitation, any waiver of punitive or exemplary damages contained in these General Terms of Use). Any judgment upon an award rendered by an arbitrator may be entered in any state or federal court in the county of Dallas, Texas, having jurisdiction.

Agency

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created, or shall be construed, by these General Terms of Use.

Notices

Except as expressly stated otherwise, legal notices shall be served on our registered agent (in our case) or to the email address you provided to us during the registration process (in your case). Notice shall be deemed given 24 hours after an email is sent to you, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address you provided during the registration process. In such case, notice shall be deemed given five (5) days after being deposited in the mail.

Modifications and Changes

We reserve the right, in our sole discretion, to change, add or remove portions of this General Terms of Use Agreement at any time. It is your responsibility to check this General Terms of Use Agreement each time prior to using any of our websites, services, applications or widgets. Your continued use of our websites, services, applications or widgets following the posting of modifications to this General Terms of Use Agreement will mean that you accept and agree to said modifications.