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TERMS OF USE AND
NOTICES IF YOU DO NOT AGREE WITH ANY TERM, CONDITION OR NOTICE
CONTAINED HEREIN, DO NOT CONTINUE TO USE THIS SITE. Modification. Shred MallSM
reserves the right to change the terms, conditions and notices under which the
Sites are offered, including, but not limited to, the charges associated with
the use of the Sites. You are responsible for regularly reviewing these terms
and conditions. Linked Sites. The Shred MallSM
Sites may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Shred MallSM and Shred MallSM is not
responsible for the contents of any Linked Site. Shred MallSM is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Shred MallSM of the site or any association with its
operators. Prohibited Use.
As a condition of your use of the Sites, you warrant to Shred MallSM that you
will not use the Sites for any purpose that is unlawful or prohibited by these
terms, conditions and notices. You may not use the Sites in any manner which
could damage, disable, overburden or impair the Sites or interfere with any
other party's use and enjoyment of the Sites. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through the Sites. Information Provided to Shred MallSM.
Shred MallSM does not claim ownership of the information or materials you provide
to Shred MallSM or post, upload, input or submit to any Site (hereinafter
referred to as "Information"). However, by posting, uploading,
inputting, providing or submitting your Information, you are granting Shred
Mall and its sub-licensees permission
to use your Information in connection with the operation of their internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, display, reproduce, edit, translate and reformat your Information and
to publish your name in connection with your Information. No compensation will be paid with respect to the use
of your Information. Shred MallSM is under no obligation to post or use any
Information you may provide and may remove any Information at any time in Shred
Mall's sole discretion. By posting, uploading, inputting, providing or
submitting your Information, you warrant and represent that you own or
otherwise control all of the rights to your Information as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Information. Shred MallSM Info Shops.
Shred MallSM Info Shops will provide you with links or information regarding
various sellers of goods and services (hereinafter referred to as
"Merchants"). Each individual Merchant participating at Shred MallSM
Info Shops is responsible for setting and explaining their individual shipping,
return, security and other policies applicable to shopping in their stores and
purchasing their products. Shred MallSM does not guarantee, warrant or endorse
any product or service sold by a Merchant in Shred MallSM Info Shops, nor do we
have any liability or responsibility for the quality or performance of any
product or service sold to you by any Merchant. The purchase of any product or
service from a Merchant at Shred MallSM Info Shops is a transaction solely
between you and that Merchant, and any question or dispute you may have
regarding any such product or service must be addressed directly to the
responsible Merchant. Shred MallSM has no responsibility or liability for any
Merchant or your relationship with such Merchant. You are responsible for paying the entire amount due
on your purchase, including any applicable taxes, shipping and other charges
assessed by the Merchant. Shred MallSM has no responsibility for collection or
for any miscalculation by a Merchant of applicable taxes on any sale, or
remitting applicable taxes including, but not limited to, sales or use tax to
any taxing authority. Shred MallSM Banners, Block Ads & Classifieds.
Shred MallSM Banners, Block Ads and & Classifieds is offered solely as a
forum for you to buy and sell goods (the "Services"). Shred MallSM is
not involved in any transaction between you and any other party who uses this
Site, and is not acting as your or any other party's agent. Shred MallSM does not
cannot screen, censor or otherwise control the listings or any transactions,
including whether a listing is accurately described, whether an item can be
legally purchased or sold in your jurisdiction, or whether a transaction will
be completed as described by the seller or the buyer. Further, Shred MallSM does
not cannot control or warrant the behavior of the users of the Services. As
such, your use of Shred MallSM Banners, Block Ads and & Classifieds is at
your own risk, and Shred MallSM disclaims any liability with regard to use of the
Services and any actions resulting from your or any other party's participation
in the Services. You hereby agree to release Shred MallSM, its suppliers, service
partners, agents, employees, consultants, officers and directors from all
claims, demands and damages, whether actual or consequential, of every kind,
whether known or unknown, disclosed or undisclosed, arising out of or relating
to any and all listings, transactions or any other use of Shred MallSM Banners,
Block Ads and & Classifieds. Further, Shred MallSM is not involved in any transactions
between you and other users of the Services, and Shred MallSM cannot and will not
be involved in resolving any disputes relating to any completed or uncompleted
transaction for the purchase or sale of listed goods. Payment Arrangements.
All payment arrangements are the responsibility of buyer and seller. Fees. Shred MallSM reserves
the right to charge listing fees for certain listings, as well as transaction
fees based on certain completed transactions using the Services or Shred MallSM
Info Shops. Those fees are described in the Fee Schedule. Shred MallSM further
reserves the right to alter any and all fees from time to time, without notice.
Click Fee Schedule; and check the Fee Schedule
for any updated fee information each item you use the Services. You shall be completely responsible for all charges,
fees, duties, taxes and assessments arising out of the use of the Services. All
payments to Shred MallSM shall be processed by PayPal payment administration. Authorized Use.
You represent and warrant that you are at least 18 years of age and that you
possess the legal right to use the Services and Shred MallSM Info Shops in
accordance with the stated terms and usage policies. You hereby agree to
supervise usage by, and be responsible for the actions of, any minors who use
your computer and/or registration account to access Shred MallSM Info Shops or
the Services. You also warrant that all information supplied by you
or members of your household in using the Services, including without limitation
your name, email address, street address, telephone number, credit card number
and, if you are selling goods, all information about your listed goods is true
and accurate. Failure to provide accurate information may subject you to civil
and criminal penalties. Please refer to the Help sections for additional
procedures and guidelines for buying and selling goods on Shred MallSM Banners,
Block Ads and & Classifieds. You warrant that you will abide by all such
additional procedures and guidelines, as modified from time to time, in
connection with your use of the Services. You further warrant that you will
comply with all applicable laws and regulations regarding use of the Services.
Without limitation, by listing an item for sale, you warrant that you have the
legal right to sell the item, that the item is not counterfeit, and that it is
a genuine and authentic item that conforms to the description listed for the
item, including its condition and specifications. By making an offer to
purchase, you warrant that you have the legal right to make the offer and the
ability to pay the purchase price and to perform the terms of sale for the
item(s) to be purchased. It is your responsibility to
determine whether the purchase or sale of any listed item is authorized by law,
statute or regulation. Without limitation, the following items may not be sold
or offered for sale in the Shred MallSM Info Shops or on the Shred MallSM Banners,
Block Ads and & Classifieds: firearms, explosives and ammunition; alcoholic
beverages; tobacco products; food that is not packaged or does not comply with
all applicable laws for sale to consumers by commercial merchants;
pharmaceuticals and controlled substances; counterfeit, pirated or stolen
goods; counterfeit, pirated or other unauthorized software, including
unlicensed back-up copies, beta or pre-release software, academic edition
software licensed solely for use by authorized educational institutions and
other users, "fulfillment" software or other software not intended for
general public distribution, copies installed on hardware hard drives without
authorization, or software unbundled from the hardware it was purchased on or
with; any goods that infringe or otherwise violate another party's rights,
including copyright, patent, trademark or other rights of publicity or privacy;
goods that are, in Shred MallSM's opinion, indecent, obscene or pornographic;
registered or unregistered securities; goods which you do not have the legal
right to sell; goods which are misrepresented or which do not in fact exist;
goods which, if sold via the Services, would cause Shred MallSM to violate any
law, statute or regulation. Shred MallSM reserves the right to cancel any listing at
any time for any reason, with or without cause, and reserves the right to prohibit
or restrict access to the Services to anyone at any time, with or without
cause. DISCLAIMER OF WARRANTIES & LIABILITY.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE ADDED PERIODICALLY TO
THE INFORMATION HEREIN. Shred MallSM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE
SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION. Shred MallSM AND ITS SUBSIDIARIES AND/OR AFFILIATES MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. Shred MallSM AND/OR ITS SUBSIDIARIES
AND/OR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Shred MallSM AND ITS SUBSIDIARIES
AND/OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR
INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE
USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF Shred MallSM OR ITS SUBSIDIARIES AND/OR AFFILIATES HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SITES. Termination/Access Restriction.
Shred MallSM reserves the right, in its sole discretion, to terminate your access
to any or all the Sites and the related services or any portion thereof at any
time, without notice. General. This Agreement is
governed by the laws of the State of Colorado, U.S.A. You hereby consent to the
exclusive jurisdiction and venue of courts in Denver County, Colorado, U.S.A.
in all disputes arising out of or relating to the use of the Sites. Use of the
Sites is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment or agency
relationship exists between you and Shred MallSM as a result of this Agreement or
use of the Sites. Shred MallSM's performance of this Agreement is subject to
existing laws and legal process, and nothing contained in this Agreement is in
derogation of Shred MallSM's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Sites or
information provided to or gathered by Shred MallSM with respect to such use. If
any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the Agreement shall continue in effect. Unless otherwise
specified herein, this Agreement constitutes the entire agreement between the
user and Shred MallSM with respect to the Sties and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Shred MallSM with respect to the Sites. A printed
version of this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. |
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| Copyright 2003 - 2007 Shred Mall, a division of DataGuard USA. LLC | |||||||||||
