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Welcome to the best Auctions Site on the net, where you'll find the greatest deals available anywhere!
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This is a user agreement for Onetradezone LLC, or www.onetradezone.com, This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.onetradezone.com and the general principles for the websites of our subsidiaries. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions before you may become a member of www.onetradezone.com By accepting this User Agreement, you also agree that your use of other websites will be governed by the User Agreement and Privacy Policy posted on those websites. Onetradezone LLC, may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you via email. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on April 30th, 2005 for all users. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Onetradezone LLC, members. If you are a under the age of 18, you can not use this service. If you do not qualify, please do not use our www.onetradezone.com, your www.onetradezone account (including feedbacks) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Fees and Services. Joining and bidding on items at www.onetradezone.com is free. We do charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. We may change fees for our services from time to time. Our changes to the policy are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. www.onetradezone.com is a Venue. www.onetradezone.com is not an Auctioneer. It is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style. We are not involved in the actual transaction between buyers and sellers, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer. Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Onetradezone LLC, cannot and does not confirm each user's purported identity. We have established a user feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification. Release. Because we are a venue, in the event that you have a dispute with one or more users, you release Onetradezone LLC, (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands 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. If you are a California resident, you waive California Civil Code §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 the release, which if known by him must have materially affected his settlement with the debtor." Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the www.onetradezone.com Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Onetradezone LLC, or www.onetradezone.com is not responsible for the acts or omissions of users on the Site. Bidding and Buying. As a buyer, you are obligated to complete the transaction with the seller: if you are the highest bidder at the end of an auction, or if you purchase an item through fixed price formats, unless the item is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; you cannot authenticate the seller's identity. If you choose to bid on mature (adult) items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items. Listing and Selling. Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Binding Bids. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance. Manipulation. Neither bidders or sellers may manipulate the price of any item or may you interfere with other user's listings or transactions. Fraud. Without limiting any other remedies, Onetradezone LLC, or www.onetradezone.com may suspend or terminate your account if we suspect that have engaged in fraudulent activity in connection with the Site. Your Information. Definition. Your Information is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: be FALS, inaccurate or misleading; be FRAUDULENT or involve the sale of counterfeit or stolen items; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; or contain any viruses, are prohibited under this Agreement; License. Solely to enable Onetradezone LLC, or www.onetradezone.com to use the 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, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Onetradezone LLC, or www.onetradezone.com will only use Your Information in accordance with our Privacy Policy. Feedback. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by www.onetradezone.com and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between www.onetradezone.com users. Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of -5 (Negative Five), your membership may be suspended, and you may be unable to list or bid. Privacy. We do not sell or rent your personal information to third parties for their marketing purposes. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services. Breach. We may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: you breach this Agreement or the documents it incorporates by reference; if we are unable to verify or authenticate any information you provide to us; or we believe that your actions may cause financial loss or legal liability for you, our users or us. No Warranty. ONETRADEZONE LLC, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ONETRADEZONE LLC, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Liability Limit. IN NO EVENT SHALL ONETRADEZONE LLC, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND 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 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (b) $100. Indemnity. You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. You and www.onetradezone.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Resolution of Disputes. In the event a dispute arises between you and www.onetradezone.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Onetradezone LLC, agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. Binding Arbitration. For any claim where the total amount of the award sought is less than $1000.00, you or Onetradezone LLC, may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California or where the defendant is located (in our case Los Angeles, California, and in your case your home address or principal place of business). You and Onetradezone LLC, agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California. Alternative Dispute Resolution. Alternatively, Onetradezone LLC, will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Los Angeles County, California. All claims between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a claim. Should either party file an action, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the www.onetradezone.com, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. General. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Onetradezone LLC, in accordance with in our sole discretion. 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 Onetradezone LLC, with respect to the subject matter hereof. Sections such as Fees and Services with respect to fees owed for our services, Release, License, Liability Limit, Indemnity and Resolution of Disputes shall survive any termination or expiration of this Agreement. Onetradezone LLC,or www.onetradezone.com is not affiliated with any other auction sites or any other companies. Disputes between you and www.onetradezone.com regarding our services may be reported via email: customersupport@onetradezone.com We encourage you to report all user-to-user disputes to your local law enforcement, or a certified mediation or arbitration entity.
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