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User Agreement
THE FOLLOWING DESCRIBES THE TERMS
AND CONDITIONS ("TERMS") ON WHICH IOFFER OFFERS YOU ACCESS TO OUR
SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY.
Welcome to iOffer. iOffer is an
exciting new and easy-to-use marketplace to buy and sell goods in a negotiation
format - "The Original Way to Buy and Sell". Our service is based
upon trust, and these Terms help to promote trust among you and other users
of iOffer.
As a condition of your participation
in the iOffer services (the "Services"), you (hereinafter "You"
or "User") agree to abide by the Terms of this User Agreement ("Agreement").
By accessing the pages or the information
contained on the iOffer web site located at http://www.iOffer.com
or http://www.ewanted.com ("the
Site" or "our Site") through any device or service, or
by using the Service in any manner, You agree to be bound by the following
Terms. You may review this Agreement at any time by clicking on the User
Agreement link at the bottom of any page. In addition, if You visit any
of our partners' web sites or arrive at our Site through one of our many
partners' web sites, You may also be subject to the terms and conditions
of that web site.
- Modifications of Terms: iOffer
reserves the right to make changes to our Site, this Agreement, or the
policies incorporated herein by reference, with or without notice. Therefore,
it is recommended that You regularly visit this page and familiarize
Yourself with the latest version of this Agreement. Your continued use
of our Site will signify Your acceptance of any revised Terms. This
Agreement may not be otherwise be amended, except in writing, by both
You and iOffer. Unless otherwise stated, all amended terms shall be
effective upon posting to our Announcement Board ("Announcement
Board").
This Agreement is effective as of 12:01 AM PST, May 1, 2002.
- Membership / Access Eligibility:
Our Service is available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our
Service is not available to minors (people under the age of majority
in their state or province of residence) or to temporarily or permanently
suspended members of iOffer. If you do not qualify, please do not use
our Services. Additionally, iOffer reserves the right to refuse access
to, or use of our Site to anyone, at anytime, at its sole discretion.
-
Registration; Your Account: You
may browse the Site for free and without registering. However, You
must register on the Site ("Registration") to use our Services.
During Registration You will be asked to provide information such
as Your name, address, telephone number and email address. You will
also be asked to create an account consisting of a User ID and password
("Your Account") to identify yourself in future visits to
the Site. It is YOUR responsibility to maintain the confidentiality
of Your User ID and password and You agree to accept responsibility
for all activities that occur under Your Account. You may not transfer,
assign or sell Your Account (including rating and feedback) to any
third party.
All of the information that You provide
during Registration is collected according to the terms of our Privacy
Policy available at (http://www.ioffer.com/help/privacyPolicy.jsp).PLEASE
NOTE: YOU MUST PROVIDE ACCURATE AND CURRENT INFORMATION TO US. IF
YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE,
NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, IOFFER
HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY
AND ALL CURRENT OR FUTURE USE OF THE SERVICE (OR ANY PORTION THEREOF).
ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE SITE WILL
BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
- Fees and Charges: Joining iOffer
and making offers on items are free; however, iOffer charges fees for
various Services offered through our Site. Our Fees and Credits Policy
("Fee Policy") is available at http://www.ioffer.com/help/feesNCreditPolicy.jsp
and is incorporated herein by reference. Unless otherwise stated, all
fees are quoted in U.S. Dollars. You agree that You are responsible
for paying all fees, including any and all applicable sales, income,
excise, import, export, VAT and other taxes or duties associated with
using our Service and the Site.
Generally, iOffer requires sellers to have a valid credit card on file.
You may also pre-pay your account (in the minimum amount of $20.00) either by
check or PayPal. iOffer will verify Your credit card information (including
expiration date and billing address), but will not charge Your credit
card unless you conduct an activity on our Site that has a fee associated
with it. Before incurring fees, You will have an opportunity to review
and accept the fees that You will be charged for the use of our Services.
By agreeing to a transaction with a fee, You authorize us to charge
Your credit card or otherwise bill Your Account for such fees.
We reserve the right to change or discontinue, temporarily or permanently,
some or all of our Services at any time with or without notice. In the
event we introduce a new service, the fees for that service are effective
at the launch of the service. We may also choose to temporarily lower
the fees for our Services for promotional events (for example, free
listing days), and such changes are effective when we post information
about the promotional event on the Site. Additionally, we may change
our Fee Policy and the fees for our Services at any time and in our
sole discretion. Except for the foregoing fee changes, our changes to
the Fees Policy are effective after we post the changes on our Announcement
Board.
- iOffer is only a Venue: Our Site
acts as an open marketplace for users to buy, sell and negotiate the
purchase and sale of goods with other users. iOffer only provides a
service and is not involved in any transaction between buyers and sellers
who use our Site. There are risks that You assume when dealing with
foreign nationals, underage persons or people otherwise acting under
false pretenses. You agree that all of these risks are borne by You,
and not iOffer. iOffer does not control the behavior of users on the
Site or the information provided by other users that is made available
through our Site. As a result, iOffer does not guarantee or endorse
the authenticity, quality, safety, or legality of any items offered
or sold, the truth or accuracy of any listings, or the ability of sellers
to sell items or of buyers to buy items. We cannot assure that all transactions
will be completed. Additionally iOffer does not guarantee the ability
or intent of users to fulfill their obligations in any transactions.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE
YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT
DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S
ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED. PLEASE USE CAUTION,
COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS
OR OTHERWISE USING THE SITE!
- Safe Trading: Because user authentication
on the Internet is difficult, iOffer cannot and does not confirm each
user's purported identity. Thus, we have established a feedback system
to help You evaluate the user with whom You are dealing. We also encourage
You to communicate directly with potential buyers or sellers through
the features available on our Site.
- User Profile: Your user profile
includes transaction history information and comments and ratings from
other users. Any action designed to undermine the system and to alter
Your profile or the profiles of others is strictly prohibited.
- Listing Restrictions: iOffer prohibits
the listing or sale of any item that is illegal to sell under any applicable
law, statute, ordinance, or regulation, including, but not limited to,
items contained in our Prohibited Items Policy available at http://www.ioffer.com/help/listingPolicy.jsp.
- Selling: You must have the legal
authority to sell the goods that You are listing for sale on our Site.
You must describe Your item and all terms of sale in Your listing. If
You accept an offer, You are obligated to complete the transaction with
the other party unless (i) the transaction is prohibited by law or this
Agreement, (ii) the buyer materially modifies the terms and conditions
of the buyer's offer, or (iii) a typographical error exists in the listing
information which materially affects the terms of sale. You are also
responsible for payment of the transaction fee as set forth in the Fee
Policy. An offer to sell may be retracted at any time prior to its acceptance.
Please refer to our Non-Paying Buyer guidelines available at http://www.ioffer.com/help/feesNCreditPolicy.jsp#non
for more information.
- Buying: If You make an offer and
the offer is accepted (or use our Buy It feature), You are obligated
to complete the transaction with the other party and to be bound by
the terms and conditions specified by the seller, unless (i) the transaction
is prohibited by law or this Agreement, (ii) the seller materially changes
the item's description or the item does not conform to the seller's
description, or (iii) a typographical error exists in the listing information
which materially affects the terms of sale. An offer to buy may be retracted
at any time prior to acceptance for any reason.
- User Information: "User Information"
is defined as any and all information or data You provide to iOffer
or other users during the Registration, offer, sale or user ranking
process, and through any interactive feature of the system, including
email. You represent and warrant that Your User Information (i) is not
false, inaccurate, incomplete or misleading; (ii) is not fraudulent
and does not involve the sale of counterfeit or stolen items; (iii)
does not infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
(iv) does not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising); (v) is
not defamatory, libelous, unlawfully threatening or unlawfully harassing;
(vi) is not obscene and does not contain child pornography; (vii) does
not contain any viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; (viii) does not create liability
for iOffer nor cause iOffer to lose (in whole or in part) the services
of our ISPs or other suppliers; and (ix) does not link directly or indirectly
to another web site. Furthermore, You may not list any item on our Site
(or consummate any transaction that was initiated using our Service)
that, by paying to us the listing fee or the final value fee, could
cause us to violate any applicable law, statute, ordinance or regulation,
or that violates our current listing restrictions. You agree not to
make use of any other user's User Information other than as necessary
to complete any transactions in which You and the subject of the User
Information are involved.
- Limited License: You agree to grant
and hereby do grant iOffer a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicenseable (through multiple tiers) right and license
to exercise all copyright and publicity rights You have, in any existing
or future media, known or unknown, in (i) Your User Information, (ii)
the material or user data displayed in Your listings, (iii) Your User
ID, and (iv) the geographic location and description of any item listed,
sold or bought by You on the Site, to the extent that the exercise of
such rights would not violate the policies outlined on the Site's Privacy
Policy.
- Use Restrictions: Our Services
may be used only for lawful purposes. Transmission, posting, distribution
or storage of material or conduct in violation of any applicable local,
state, provincial, federal or foreign law or regulation is strictly
prohibited. This includes without limitation any unauthorized use of
material protected by patent, copyright, trademark or other intellectual
property right, material that is obscene, defamatory or libelous, constitutes
an illegal threat, violates rights of privacy or publicity or violates
export control laws. You agree to comply with any applicable laws, statutes,
ordinances and regulations ("Laws") regarding Your use of
the Site and our Services and the contractual obligations related to
your buying and selling activities. You agree not to use the Site in
any manner that violates, or proposes a transaction which, if consummated,
would violate any Laws, expose iOffer to civil or criminal liability,
or violates this Agreement. You agree that You are solely responsible
for obtaining all necessary licenses and permissions necessary for Your
transactions and for verifying that other Site users with whom You transact
do the same. You agree that You will not use any information on our
Site or any information You learn about any buyer, seller or other user
for any purpose not necessary to complete transactions on our Site.
- Content Policy: You agree not to
post any Offensive Content on the Site or post any links or URL's (web
addresses) to sites containing Offensive Content. "Offensive Content"
includes, without limitation, words, images, sounds or other content
which: (i) is profane, obscene or involves child pornography; (ii) denigrates
a class of people because of their race, religion, country of origin,
sexual orientation or gender; (iii) depicts violent or criminal acts,
perpetrators or victims of violence or crime, or seeks to incite violence
or crime; (iv) relates or pertains to any "hate group," i.e.,
groups that are organized in part to promote the oppression of or assert
the supremacy of any class of people; or (v) contains defamatory or
libelous statements or unlawfully disparaging remarks or threats.
- Intellectual Property and Rights of
Publicity: You agree not to use the Site in any manner which violates,
or proposes a transaction which, if consummated, would violate the trademark,
copyright, patent, trade secret, trade dress, publicity or privacy rights
or other proprietary rights of iOffer or any third party. You agree
not to link to any third party's web site or file on that web site without
that party's permission. You agree that You will not use any automatic
or manual process to monitor or copy any portion of the Site without
iOffer's prior written permission. The sale of unauthorized, counterfeit
or replica products is prohibited, and the use of a third party's trademark
in connection with non-genuine goods is prohibited. If the seller is caught
selling unauthorized goods, iOffer will disclose the identity and contact
information of the seller, including any aliases or alternate IDs or email
addresses that the seller may have previously used, upon request of the trademark
owner, and assist in the prosecution of that seller. This disclosure may be
made without notice to the seller. View our Copyright Policy.
- Violation: iOffer may investigate
reports of abuse or misuse and, if appropriate, limit or prohibit Your
use of the Site or modify Your user profile to reflect its determinations.
All determinations are final and are made at iOffer's sole discretion.
In agreeing to these Terms, You agree to participate in investigations
and be bound by iOffer's determinations. If iOffer, in its sole discretion,
determines that a violation of this Agreement has occurred, or if iOffer
believes that Your actions may cause legal liability for You, our users
or us, iOffer may take any actions or pursue any legal remedies that
it believes are necessary or prudent, including, but not limited to,
issuing a warning, filing a complaint, deleting any listings, advertisements
or offending material from our Site, suspending or canceling Your Account,
releasing User Information, filing a report with the appropriate authorities
and/or excluding any person(s) who may have violated any Terms of this
Agreement. iOffer may cooperate with any investigation by any Federal,
State, or local body or any court or tribunal. Such cooperation may
be with or without notice to You. iOffer will take each reported account
into consideration during the investigation process before making a
decision. To report a violation of the TOS, click
here.
- Release: Because we are not involved
in the actual transaction between buyers and sellers, in the event that
You have a dispute with one or more users, You release iOffer and (as
applicable) its officers, directors, employees, agents, parents, subsidiaries,
partners and affiliates from claims, demands, and damages (actual and
consequential) of every kind and nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. If You are a California resident,
You waive California Civil Code Section 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 this release,
which if known by him must have materially affected his settlement with
the debtor."
- Waiver of Claims: By using the
Site or the Services, You signify Your agreement to and do thereby waive
all claims which have not been filed but may have accrued against iOffer
or its officers, directors, employees, agents, parents, subsidiaries,
partners and affiliates prior to or as of the date of said posting,
regardless of the gravamen of the action, whether in law or equity,
and such claims are forever barred. Subject to Section 17 (Release),
the foregoing does not apply to claims that have already been filed
and are still pending in the proper forum as specified below.
- DISCLAIMER OF WARRANTIES: YOU
AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SITE AND OUR
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. IOFFER EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE
WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to You.
IOFFER MAKES NO WARRANTY THAT THE SERVICE
WILL SATISFY YOUR REQUIREMENTS, OR THAT OUR SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES IOFFER MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED FROM THE SERVICE.
YOU UNDERSTAND AND AGREE THAT OBTAINING
ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IOFFER
OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
- LIMITATION OF LIABILITY: IN NO
EVENT SHALL IOFFER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS,
SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION
WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OF DATA,
INFORMATION OR MESSAGES, (III) TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SITE OR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA, EVEN IF IOFFER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT
SHALL IOFFER BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION
OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION
OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT
OR ADVERTENT.
IN NO EVENT SHALL IOFFER'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY
FOR ANY DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE
DOLLAR VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the limitation or exclusion of warranties
or of liability for incidental or consequential damages so some of the
foregoing above may not apply to You.
- Indemnity: You agree to defend,
indemnify and hold iOffer and (as applicable) its officers, directors,
employees, agents, parents, subsidiaries, partners and affiliates harmless
against any and all claims made by or liabilities to any third party
resulting from any activities conducted under Your Account, Your use
or misuse of the Site, including, but not limited to, posting content
on the Site, entering into transactions with other Site users, contacting
others as a result of their posting(s) on the Site, infringing a third
party's intellectual property or other rights, failing to deliver goods
or payment to other Site users or otherwise arising out of Your breach
of any Terms of this Agreement.
- Arbitration: iOffer is not liable
under this Agreement for any injury You may suffer or allege to suffer
as a User of this Site. In the event, however, that You wish to assert
any claim against iOffer for any purpose whatsoever, You expressly agree
that such dispute will be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association
and that the arbitration will take place in Sunnyvale, California. You
agree that notwithstanding any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or
Site or this Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred. Legal action taken
by iOffer to collect fees and/or recover damages for, or obtain an injunction
relating to, the Site operations, intellectual property, and our Services
shall not be subject to the foregoing restrictions.
- Notice: Any notices given pursuant
to this Agreement that are directed to iOffer shall be given by postal
mail to: iOffer, Inc. P.O. Box 78191 San Francisco, CA 94107 Attn: Legal.
Any notice from iOffer that is directed to You shall be delivered to
the mailing address or email address You provided us at the time of
Registration. Notice shall be deemed given twenty four (24) hours after
email is sent, unless iOffer is notified that the email address is invalid
or, in the case of notice sent via postal mail, three (3) business days
after the date of mailing. iOffer may also give notice of changes to
these Terms or other matters related to iOffer by displaying notices
to Users on the Site.
- Language: It is the express intent
of the parties that this Agreement and any related documents be drawn
up and executed in the English language.
- General: This Agreement shall be
governed by and construed in accordance with the laws of the State of
California, without regard to its conflict of laws principles, as if
formed by between California residents. The United Nations Convention
on Contracts for the International Sale of Goods shall not apply to
this Agreement. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of any section.
If any part of this Agreement is deemed invalid or void, that part of
the Agreement shall be deemed severable and shall not affect the validity
or enforceability of any of the remaining conditions. iOffer's failure
to act with respect to a breach by You or others does not waive our
right to act with respect to subsequent or similar breaches. You and
iOffer are independent contractors. No agency, partnership, joint venture,
employer-employee or franchiser-franchisee relationship is intended
or created by this Agreement. Sections 4 (Fees and Charges), 12 (Limited
License), 17 (Release), 18 (Waiver of Claims), 19 (Disclaimer of Warranties),
20 (Limitation of Liability), 21 (Indemnity), 22 (Arbitration), 23 (Notice)
and 25 (General) shall survive any expiration or termination of this
Agreement.
- Additional Terms: The following
policies are incorporated herein by reference:
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