|
This User Agreement (hereafter as Agreement or User Agreement)
describes the terms and conditions in which Used Sports, L.L.C. (hereafter
as UsedSports.com) offers you access to our services, under the
domain of www.usedsports.com (hereafter as Site). You must read,
accept and agree with all terms and conditions set forth in, and linked to,
this User Agreement and our Privacy Policy before you may become a registered
user. If you do not agree with this User Agreement and our Privacy Policy,
do not use or access our services. This Agreement is effective on May 1st,
2006, upon acceptance for new registering users.
Eligibility for Service
UsedSports.com services are not available to
minors (under the age of 18). If you become a suspended user, our services
will no longer be available to you. UsedSports.com accounts cannot be sold
or transferred to any other party. If you are registering as a business,
you agree that you have authority to bind the business entity to this User
Agreement.
Fees and Services
There is no fee to register or buy on UsedSports.com, its free. If you enhance your items for sale, fees do apply. Our fees are detailed on
the Pricing page. In the event we change our fees, the change will become effective
upon posting of the new fees. We may also temporarily change our fees for promotional
events. These changes will become effective
upon posting as well. When you list an item, you will be given the chance to
review and accept the fees that you will be charged for using our services.
If a new fee service becomes available, the fees will become effective upon
the post of the new service. All fees are quoted in United States Dollars.
You are responsible for paying all fees associated with the use of UsedSports.com
services and all required taxes, if applicable.
Content Control
UsedSports.com does not control the information given by other users that is
available through our Site. Other users information may be offensive,
deceptive, harmful, or inaccurate. When using our Site, please use good morals,
honesty, common sense and safe trading practices. Always be aware of the
risks of dealing with underage individuals or groups acting under false pretense.
Hold Harmless and Release
UsedSports.com is a venue, and is not involved in any dispute between buyers
and sellers. In the event that a dispute does arise, you release UsedSports.com,
our employees, directors, officers, agents, subsidiaries, affiliates, and
joint ventures from claims, demands and damages (consequential and actual)
of every sort, of every kind, and of every nature, unknown, known, suspected,
unsuspected, undisclosed and disclosed, arising out of or in any way connected
with such disputes.
Safety and Security
UsedSports.com regulates and continually attempts to remove unauthorized material
and/or listings, but cannot be responsible for checking and verifying every
item and every users identity. We provide the tools necessary to communicate
directly with other potential trading partners, and encourage all users to
do so. You may also use a third party escrow service, which provides security
by keeping possession of your funds and not releasing them to the seller
until the specified terms are met.
Venue
UsedSports.com provides a service for sellers to list items for sale. We provide
a venue that allows people to buy and sell items using a classified format.
We are not involved in actual transactions between buyers and sellers. Therefore,
we do not have control over quality, safety or the legality of items advertised,
including accuracy or truth of the listings, the ability to determine if
buyers can buy items, or the ability to determine for sellers to offer and
sell items. UsedSports.com does not warrant that the buyer or seller will
complete a transaction.
Buying
If you choose to buy an item, you agree to the conditions set forth by the
seller in the items listing page, unless those conditions are in violation
of the law or this Agreement.
Listing and Selling
All sellers will list items under these terms: (1) registering true name and
valid email address; (2) listing item in correct category; (3) listing may
only include text descriptions, graphics, pictures and other content relevant
to the sale of that item; (4) include all terms and conditions of sale on
the listing page.
Personal Information
A users Personal Information is any information you provide to UsedSports.com
in any of its features, be it registration, message centers, emails, listings,
or any other section on our Site. The user is solely responsible for his/her
Personal Information, not UsedSports.com.
Content Usage
All users agree to allow UsedSports.com to use any information provided to
us on our Site, and grant to us a non-exclusive, irrevocable, royalty-free,
worldwide, perpetual, sub-licensable (through multiple tiers) right to exercise
the copyright, publicity, and database rights users have in there content.
This includes any media known now or in the future. These rights allow us
to host and display your content.
Fraud
If we confirm or suspect a user engaged in any illegal activity on our Site
(past or present), that account will be suspended immediately.
Non-Allowed Activities
All activities on this Site including Personal Information and listing items
shall not: (1) be inaccurate, false or misleading; (2) be counterfeit, stolen
or fraudulent; (3) be obscene or contain any kind of pornography; (4) contain
anything harmful to minors; (5) be unlawfully harassing or threatening; (6)
be trade libelous, or defamatory; (7) violate any law, statute, ordinance
or regulation, to include but not limited to those governing export control,
unfair competition, consumer protection, false advertising, or antidiscrimination;
(8) use email addresses to spam; (9) infringe on any third
partys copyright, trademark, patent, trade secret, including other
proprietary rights or rights of publicity or privacy; (10) contain any viruses,
time bombs, worms, cancel bots, or any other computer programming routines
that may damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; (11) create liability
for UsedSports.com or cause us to lose (in whole or in part) the services
of our ISPs or other suppliers; (12) participate in any transaction or list
any item on our Site that was initiated using our service, by paying us the
listing fee , which could cause UsedSports.com to violate any applicable
law, regulation, statute, or ordinance.
Breach
By use of any means we may immediately remove your listing(s), notify our members,
and suspend your member status if: (1) you breach this Agreement or the documents
it incorporates; (2) we cannot authenticate or verify any part of the information
you provide to us; (3) if we suspect or believe that your actions could cause
financial loss or legal liability for our users, UsedSports.com or you.
Site Interference
All users agree you will not use any automatic device, manual or other, to
copy and/or monitor our web pages, including this content without our prior
written permission. All users agree you will not use software, or any other
means to bypass our robot exclusion headers. All users agree not to copy,
modify, reproduce, alter, create derivative works, or publicly display any
content without prior written consent of UsedSports.com. Lastly, all users
agree not to interfere with operational activities that would interrupt,
impose undue loads, or any other unreasonable activity on or within the infrastructure
of UsedSports.com.
No Warranties
UsedSports.com provides our Site and services as is without any
warranty or condition, implied, expressed or statutory. We, in specific, disclaim
any implied warranties of title, merchantability, fitness for a specific purpose
and non-infringement.
No Liabilities
At no time will UsedSports.com be liable for lost profits or any incidental,
consequential or special damages arising out of or in conjunction with the
use of our services or this Agreement. UsedSports.com liability to any user
or third parties in any circumstances is limited to the greater of: (1) the
amount of fees you paid to UsedSports.com in the twelve months prior to the
action giving rise to the alleged liability, or (2) $100.00 United States
Dollars.
Law Compliance
Users will comply with all applicable laws, regulations, ordinances and statutes
regarding use of our services.
Indemnity
All users agree to indemnify and hold UsedSports.com, our employees, directors,
officers, agents, subsidiaries, affiliates and joint ventures harmless from
any claim or demand. This includes: (1) attorney fees within reason made
by a third party due to a users breach of this Agreement; (2) or a
users violation of any law and/or rights of a third party.
No Agency
UsedSports.com and its users are each independent contractors, and no agency,
joint venture, employee/employer, franchiser/franchisee, partnership or relationship
is at all created by this Agreement, including the use of our services and/or
Site.
Notices
Any and all notices will be sent to: customersupport@usedsports.com, Attn: Legal Department.
All notices to users will be sent via email address provided to UsedSports.com
during registration process. A notice will be deemed twenty four hours after
email was sent, unless the sending party has an invalid email address.
Arbitration Consent
Any legal claim or issue relating to our service or this Agreement will be
resolved by binding arbitration in compliance with commercial arbitration rules
of the American Arbitration Association. This will exclude legal action taken
by UsedSports.com to collect our fees and/or damages. Any claims or issues
will be arbitrated on an individual basis, and will not be consolidated in
any arbitration with any claim or issue of any other party. Arbitrations will
be held in Fort Worth, Texas and judgment on the arbitration can be entered
into any court having jurisdiction. UsedSports.com or the user may seek interim
or preliminary relief only from a court of competent jurisdiction in Fort Worth,
Texas, necessary to protect the rights and/or property of UsedSports.com or
the user.
Notification of Changes
We reserve the right, at our discretion, to change, modify or alter these terms
and conditions at any time. Such modifications shall become effective immediately
upon the posting thereof. You must review this Agreement on a regular basis
to keep yourself aware of any changes.
General
This Agreement will be governed by laws of the State of Texas. These laws will
apply to all agreements entered into and performed within Texas between Texas
residents. UsedSports.com does not guarantee continuous or secure access
to our services. If any part of this Agreement is held to be invalid or unenforceable,
such a provision will be closed and all remaining provisions will be enforced.
The headings are for reference only and do not limit, define, or describe
the extent of a section. This Agreement lays out the guidelines and agreement
between the user and UsedSports.com regarding the subject matter herein.
Disclosures
These services are offered by Used Sports, L.L.C.
|