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Following describes the Terms on which JaxBids.com offers you access to our services.
IntroductionWelcome to jaxbids. By using the services available from the domain and sub-domains of(jaxbids.com "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with jaxbids. and the general principles for the web site. If you reside outside of Canada, you are contracting with jaxbids. If you have any questions, please refer to the Help section on the Site. Before you may become a member of jaxbids, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other jaxbids branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites. This Agreement is effective on Jan 1, 2008, for current users, and upon acceptance for new users. The previous amendment to this Agreement was effective for all users on Nov 23, 2007. Using JAXBIDSWhile using the Site, you will not:
Abusing Jaxbids.comJaxbids and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Home office is in Toronto, Canada Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts. Fees and ServicesJoining jaxbids and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due. Return Check fee of $25.00 Content LicenseWhen you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.) All content on this site is according to laws of the Canada and the Province of Ontario. LiabilityYou will not hold jaxbids responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Michigan law, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Michigan law. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Access and InterferenceThe Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to jaxbids by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
PrivacyWe do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy.We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the Canada that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Privacy Policy .If you object to your Information being transferred or used in this way please do not use our services. MarketingWe don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies (such as demographic data) to improve and personalize our services. If you don't wish to receive marketing communications from us email us: Our Disclosure of Your InformationWe may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. No spam, spyware or spoofing on jaxbids.comWe and our users do not tolerate spam. Make sure to set your jaxbids notification preferences so we communicate to you as you prefer. You are not licensed to add other jaxbids users, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent. To report jaxbids related spam or spoof emails to jaxbids, please forward the email to spam@jaxbids.net. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We do filter and automatically scan messages before they are sent for viruses and other illegal or prohibited content. If you send an email to an email address that is not registered in our community, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses. SecurityYour information is stored on our servers. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private on jaxbids.com Account ProtectionYour password is the key to your account. Use unique numbers, letters, and special characters and do not disclose your jaxbids password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify jaxbids and change your password at any time.
revised 9/1/08 |
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