This bulletin board is not supervised or monitored by
ConvertingResource.com and its affiliates ("The Company") The opinions expressed
on the bulletin board are the opinions of the poster only and The Company does not
actively monitor them or make any representations as to the accuracy of the
opinions expressed. Obviously the opinions expressed on the bulletin board are no
substitute for your own judgment and research and should not be relied upon in
purchasing products or services or taking other actions without active
investigation by yourself. The Company assumes no responsibility for any
inaccuracies expressed on the bulletin board.
In addition, the listing of suppliers provided on this site does not
represent any endorsement or recommendation of these suppliers by The Company.
The address, email address, telephone number and other information provided is
based on information supplied to The Company and The Company is not responsible
for typographic errors or other inaccuracies related to this information.
The following describes the terms on which ConvertingResources.com and its
affiliates ("The Company") offer you access to our services. Please examine this
document carefully before accessing or using our Website. By accessing or using
the site it will be assumed you have read, understand and agree to the terms
stated. If you have any questions, please contact Cecily Archer at
info@convertingresource.com
We may amend this Agreement at any time by posting the amended terms on
our site. This Agreement may not be otherwise amended except in writing signed by
both parties. This Agreement was last revised on June 18, 1999
1. The entire contents of our web site is copyrighted under the Unted States
copyright laws. You may print and download portions of the materials presented
for private use. Any other copying, redistribution, publication or retransmission
of any portion of the Website material is prohibited without written permission of
The Company.
2. Eligibility for Membership. Our services are available
only to
individuals who can form legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to minors. If you do not
qualify, please do not use our services. We may refuse our services (such as, but
not limited to, listings, chat and bidding) to anyone at any time, in our sole
discretion.
Because we do not and cannot be involved in user-to-user dealings,
in the event that you have a dispute with one or more users, you release The
Company (and our agents and employees) from claims, demand and damages (actual and
consequential of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed,) arising out of or in any way connected
with such disputes.
For legal reasons we cannot, nor do we try to, control the
information provided by other users which is made available through our system.
By its very nature, other people's information may be offensive, harmful or
inaccurate and in some cases will be mislabeled or deceptively labeled. We expect
that you will use caution - and common sense - when using our site.
3. Your Information. "Your Information" includes any
information you
provide to us or other users during the registration, bidding or listing process.
With respect to Your Information:
3.1 You are solely responsible for Your Information,
and we
act as a passive conduit for your online distribution and publication of Your
Information. However, we may take any action with respect to such information we
deem necessary or appropriate, in our sole discretion, if we believe it may create
liability for us or may cause us to lose (in whole or in part) the services of our
Internet service providers ("ISP") or other suppliers.
3.2 Your Information and your items for sale on The Companies web site shall
not:
(a) be fraudulent or involve the sale of counterfeit or stolen items;
(b) infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy;
(c) violate any law, statute, ordinance or regulation (including, without
limitation, those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising;
(d) be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing;
(e) be obscene or contain child pornography;
(f) 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; and
Furthermore, you may not post on our site or sell through
our site (a) any item 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 (b) item that is currently on The Companies Prohibited Items List,
and incorporated herein, which may be updated from time to time.
3.3 Solely to enable The Company to use Your Information you
supply us with, so that we are not violating any rights you might have in that
information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free and sublicenseable (through multiple tiers) right to
exercise the copyright and publicity rights (but no other rights) you have in Your
Information, in any media now known or not currently know, with respect to Your
Information. The Company will only use Your Information in accordance with our
Privacy Policy.
4. System Integrity. You may not use any device, software or
routine
to interfere or attempt to interfere with the proper working of the The Companies
site or any auction being conducted on our site. You may not take any action
which imposes an unreasonable or disproportionately large load on our
infrastructure. You may not disclose or share your password to any third parties
or use your password for any unauthorized purpose.
5. Breach. We may immediately issue a warning, temporarily
suspend,
indefinitely suspend or terminate your membership, any of your current auctions
and any other information you place on the site if you breach this Agreement or if
we are unable to verify or authenticate any information you provide to us.
6. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE COMPANY WEB
SITE
AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR
IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights which vary from state to state.
7. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS
BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF
FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, AND (B) ONE HUNDRED ($100.00) DOLLARS. Some states do not allow the
limitation of liability, so the foregoing limitation may not apply to you.
8. General Compliance With Laws. You shall comply with all
applicable laws, statutes, ordinances and regulations regarding your use of our
service and your bidding on, listing, purchase and sale of items.
9. No Agency. You and The Company are independent contractors
and no
agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by this Agreement.
10. Notices. Except as explicitly stated otherwise, any
notices shall
be given by email to The Company or to the email address you provide to The
Company during the registration process (in your case), or such other address as
the party shall specify. Notice shall be deemed given twenty-four (24) hours
after email is sent, unless the sending party is notified that the email address
is invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to The Company
during the registration process. In such case, notice shall be deemed given three
(3) days after the date of mailing.
11. Arbitration. Any controversy or claim arising out of or
relating
to this Agreement shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis and shall not be
consolidated in any arbitration with any claim or controversy of any other party.
The arbitrary shall be conducted in Northampton County, Pennsylvania, and judgment
on the arbitration award may be entered into any court having jurisdiction
thereof. Either you or The Company may seek any interim or preliminary relief
from a court of competent jurisdiction in Northampton County, Pennsylvania,
necessary to protect the rights or property of you or The Company pending the
completion of arbitration.
12. General. This Agreement shall be governed in all
respects by
the laws of the Commonwealth of Pennsylvania as such laws are applied to
agreements entered into and to be performed entirely within Pennsylvania between
Pennsylvania residents. We do not guarantee continuous, uninterrupted or secure
access to our services, and operation of our site may be interfered with by
numerous factors outside of our control. If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent of such
section. Our 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. This
Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.
13. Disclosures. The services hereunder are offered by
ConvertingResources and its affiliates, located at P.O. Box 117, Pen Argyl PA
18072-0117.
