User Agreement
Special Notice on refunds:
First, there are no refunds for
unused time on the auction if you decide to stop using our services prior to the
end of the term for which you paid.
Second,
in the event that you have a dispute with a seller or buyer, you are agreeing
that this is a personal dispute between the two parties and does not involve
Militarylogisticsmfg.com or any of its principals, employees or subsidiaries. We will
do all we can to assist in a dispute but that is very limited as all
transactions are completed person to person. If we get more than one complaint
on a particular individual, we will suspend the account until we can determine
the facts and who is at fault. Any time suspended, if it is without cause shall
be added to the term of use for that account but if the suspended party is found
to be at fault, there is no refund for unused time.
THE
FOLLOWING DESCRIBES THE TERMS ON WHICH Militarylogisticsmfg OFFERS YOU ACCESS TO OUR
SERVICES.
Welcome
to Militarylogisticsmfg.com. This Agreement describes the terms and conditions
applicable to your using our under all areas of www.militarylogisticsmfg.com.
If you do not agree to be bound by the terms and conditions of this Agreement,
do not use or access our services.
If
you have any questions, please refer to FAQ which can be accessed off the main
category page.
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 expressly set out below and those incorporated by reference, before
you may become a member of militarylogisticsmfg.com. We strongly recommend that, as you
read this User Agreement, you also access and read the information contained in
the other pages referred to in this document, as they may contain further terms
and conditions that apply to you as an militarylogisticsmfg.com user. By using this site,
you are accepting this User Agreement and all other information on the Privacy
Agreement and User FAQ.
We
might make changes to this Agreement at
any time by posting the new terms on our site. All changes shall automatically
be effective 30 days after they are first posted on our site.
1.
Membership Eligibility.
Our
services are available only to competent individuals of the age of majority who
can form legally binding contracts under applicable law. (i.e., our services are
not available to minors or to temporarily or indefinitely suspended
Militarylogisticsmfg.com members.) If you are a minor, you can use this service only in
conjunction with your parents or guardians. If you do not qualify, please do not
use our services. Further, your Militarylogisticsmfg.com account 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 business to this
Agreement.
2.
Fees and Services.
Joining
to sell is the only fee we charge to anyone. Bidding on items at Militarylogisticsmfg.com
and listing (or re-listing) an item for sale never incurs a fee of any kind. We
may change our Fees and Credits Policy and the 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 to the user
agreement. However, we may choose to temporarily offer promotional events to new
Sellers and such changes are effective when we post the temporary promotional
event. 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 US Dollars. You are responsible for paying all fees associated with
using our service and our website and all applicable taxes, if any.
3.
Militarylogisticsmfg.com is a Venue.
3.1 Militarylogisticsmfg.com is not an
Auctioneer. Although we are referred to as an “online auction web site,” it
is important to realize that we are not a traditional "auctioneer." Instead,
our 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 format commonly referred to as
"online auctions" or "auctions." We are not involved in the
actual transaction between buyers and sellers. As a result, 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 buy items. We cannot ensure that a buyer or seller will actually
complete a transaction.
3.2 Identity Verification.
We make an attempt to identify our users when they register on our site.
However, because user verification on the Internet is difficult, militarylogisticsmfg.com
cannot and does not confirm each user's purported identity. We also encourage
you to communicate directly with potential trading partners.
3.3 Release.
Because we are a venue, in the event that you have a dispute with one or more
users, you release militarylogisticsmfg.com (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.
3.45 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 our site. 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.
4.
Bidding and Buying.
As
a buyer, you are obligated to complete the transaction with the seller:
a.
if you purchase an item through one of our fixed price formats; or
b.
are the highest bidder at the end of an auction (meeting the applicable
minimum bid or reserve requirements) and your bid is accepted by the seller,
unless the transaction 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. 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 audience
items or items that are restricted to adult use, you are certifying that you
have the legal right to purchase such items.
5. Listing procedures and
disclaimers:
5.1 Listing Description.
You must be legally able to sell the item(s) you list for sale on our site. You
must describe your item and all terms of sale on the listing page of our 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.
5.2 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, such as: (a)
the buyer fails to meet the terms of your listing (such as payment method), or
(b) you cannot authenticate the buyer's identity.
5.3 Fraud.
Without limiting any other remedies, militarylogisticsmfg.com may suspend or terminate
your account if we suspect that you (by conviction, settlement, insurance or
escrow investigation, or otherwise) have engaged in fraudulent activity in
connection with our site.
5.4 Definition.
"Your Information" is defined as any information you provide to us or
other users in the registration, bidding or listing process. You are solely
responsible for Your Information, and we act as a passive conduit for your
online distribution and publication of Your Information.
6 Restricted Activities.
Your Information (or any items listed) and your activities on the site shall
not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the
sale of counterfeit or stolen items; (c) infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (d) violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising); (e)
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) 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;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter
eggs or other computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information; (h) create liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other suppliers; and (i) link directly
or indirectly to or include descriptions of goods or services that: (aa) are
prohibited under this Agreement; (bb) are identical to other items you have up
for auction but are priced lower than your item's reserve or minimum bid amount;
(cc) are concurrently listed for sale on a web site other than
6.3 License.
Solely to enable militarylogisticsmfg.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, sublicensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you have in Your
Information, in any media now known or not currently known, with respect to Your
Information. militarylogisticsmfg.com will only use Your Information in accordance with
our Privacy Policy.
7.
Breach.
Without
limiting other remedies, we may immediately remove your 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: (a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us;
or (c) we believe that your actions may cause financial loss or legal liability
for you, our users or us.
8.
Privacy.
We do not sell or rent your
personal information to third parties for marketing purposes without your
consent and we only use your information as described in the Privacy Policy.
9.
No Warranty.
WE,
OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY 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 that vary from state to state.
10. Liability
Limit.
IN
NO EVENT SHALL WE, OUR SUBSIDIARIES, 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 (HOWEVER ARISING,
INCLUDING NEGLIGENCE).
OUR
LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, 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. Some States do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
11. Indemnity.
You
agree to indemnify and hold us and (as applicable) our parent, 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.
12. 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.
13. No Agency.
You
and militarylogisticsmfg.com are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
14. Notices.
Except
as explicitly stated otherwise, any notices shall be given by postal mail to
militarylogisticsmfg.com Inc. Attn.: Legal Orlando, Florida (in the case of
militarylogisticsmfg.com) or to the e-mail address you provide to militarylogisticsmfg.com during
the registration process (in your case). Notice shall be deemed given 24 hours
after e-mail is sent, unless the sending party is notified that the e-mail
address is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to
militarylogisticsmfg.com during the registration process. In such case, notice shall be
deemed given 3 days after the date of mailing.
15.
Arbitration.
Any
legal controversy or legal claim arising out of or relating to this Agreement or
our services, excluding legal action taken by militarylogisticsmfg.com to collect our
fees and/or recover damages for, or obtain an injunction relating to, the
militarylogisticsmfg.com site operations, intellectual property, and our services, 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 arbitration
shall be conducted in Orlando, Florida, and judgment on the arbitration award
may be entered into any court having jurisdiction thereof. Either you or
militarylogisticsmfg.com may seek any interim or preliminary relief from a court of
competent jurisdiction Orlando, Florida necessary to protect the rights or
property of you or militarylogisticsmfg.com pending the completion of arbitration. Should
either party file an action contrary to this provision, the other party may
recover attorney's fees and costs up to $1,000.00.
Each
of these policies may be changed from time to time and are effective immediately
after we post the changes on our site, except for the Privacy Policy for which
we will provide you with thirty days prior notice. In addition, when using
particular services on our site, you agree that you are subject to any posted
policies or rules applicable to services you use through our site, which may be
posted from time to time. All such posted policies or rules are hereby
incorporated by reference into this Agreement.