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THE
FOLLOWING DESCRIBES THE TERMS ON WHICH SHOPPING ONLINE USA OFFERS
YOU ACCESS TO OUR WEB SITE AND SERVICES. PLEASE READ THIS AGREEMENT
CAREFULLY. BY USING OUR WEB SITE AND SERVICES, YOU SIGNIFY YOUR
AGREEMENT TO BE BOUND BY THESE TERMS.
Welcome to SHOPPING ONLINE USA. SHOPPING ONLINE USA uses a direct
buy/sell method enabling a process that will give an independent
relationship between the buyer and seller to realize transactions
on SHOPPING ONLINE USA. You can Buy & Sell items from a variety
of categories where the BUYER will find the products listed by
the SELLER. SHOPPING ONLINE USA is based on integrity and trust,
and this User Agreement (the "Agreement") helps to facilitate
an honest and trustworthy relationship between you and other members
( BUYER or SELLER) of the SHOPPING ONLINE USA website. When accessing
any content on the SHOPPING ONLINE USA web site, http://www.shoppingonlineusa.com
("the Site" or "our Site"), or by using the
SHOPPING ONLINE USA services (the "Services") in any
manner, you must adhere to the terms of this Agreement. When using
particular SHOPPING ONLINE USA Services, you may also be subject
to additional guidelines or rules which we may post from time
to time. All such guidelines and rules are hereby incorporated
by reference into this Agreement. If you do not agree to the terms
of this Agreement, please exit the Site immediately, and cease
all use of our Services.
1. Modifications of Terms: We reserve the right to make changes
to this Agreement, or the guidelines or rules incorporated herein,
at any time. In addition, we may notify you directly (via email)
of such changes. Your continued use of our Site will signify your
acceptance of any revised terms to this Agreement. Therefore,
you should regularly visit this page to make yourself familiar
with our current Agreement. This Agreement may not otherwise be
amended, except in writing, by both you and SHOPPING ONLINE USA.
2. Membership / Access Eligibility: Our Services are available
only to, and may be used only 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) unless their use of our Services is in conjunction
with and under the supervision of a parent or legal guardian.
Further, our Services are not available to any person whose SHOPPING
ONLINE USA membership has been suspended (temporarily or indefinitely)
or permanently terminated. If you do not qualify, please do not
use our Site. If you are using the Site or our Services on behalf
of a business entity, you represent that you have the authority
to bind the entity to this Agreement. You agree that SHOPPING
ONLINE USA may, under certain circumstances and without prior
notice, immediately terminate Your Account, and your access to
our Services. Cause for termination shall include, but not be
limited to, (a) breach of this Agreement or other guidelines or
rules incorporated herein, (b) request by law enforcement or other
government agencies, (c) request by you, (d) discontinuance or
material modification to our Services (or any part thereof), (e)
unexpected technical or security issues or problems, and (f) extended
periods of inactivity. You agree that any termination shall be
at SHOPPING ONLINE USA's sole discretion, and that SHOPPING ONLINE
USA shall not be liable to you or any third-party for any termination
of Your Account or your access to our Services.
3. Registration / Your Account: You may browse the Site for free.
However, you must register as a member ("Registration")
to be able to SELL on our Site. After the Registration has been
processed SHOPPING ONLINE USA will create an account consisting
of a Member ID ("Your Account") to identify yourself
in future visits to the Site. You will be asked to provide information
such as your name, address, telephone number, email address, city,
state and zip code. All of the information that you provide during
Registration is collected according to the terms of our Privacy
Policy. It is YOUR responsibility to maintain the integrity of
your Member ID and you agree to accept responsibility for all
activities that occur under Your Account. You may not transfer,
assign or sell Your Account to any third party. PLEASE NOTE: You
must provide accurate and current information to us. If you provide
any information that is false, misleading, inaccurate, not current
or incomplete during Registration or otherwise, SHOPPING ONLINE
USA may suspend (temporarily or indefinitely) or permanently terminate
Your Account and refuse any and all current or future use of the
Site and our Services (or any portion thereof). Without limiting
any other remedies, SHOPPING ONLINE USA has the right to suspend
(temporarily or indefinitely) or permanently terminate Your Account
if we suspect that you have engaged in any fraudulent activity
through the Site.
4. Fees and Charges: You agree that you are responsible for paying
all fees, including any and all applicable sales, income, shipping
& freight charges, excise, import, export, VAT and other taxes
or duties associated with Your Account.
5. SHOPPING ONLINE USA is an online marketplace where the BUYER
and SELLER can communicate with each other and use it as a service
for users to buy, sell, and negotiate the purchase and sale of
goods and services with other users. SHOPPING ONLINE USA provides
only a service and is not involved in any transaction between
buyers and sellers who use our Site and Services and does not
handle any goods physically. We do not confirm the identity of
our users, nor the accuracy of any listings posted on the Site.
As a result, SHOPPING ONLINE USA does not guarantee or endorse
the authenticity, quality, safety, or legality of any items offered
or sold, the truth or accuracy of any listings, or the ability
of sellers to sell items or of buyers to buy items. We cannot
assure that all transactions will be completed. Additionally,
SHOPPING ONLINE USA does not guarantee the ability or intent of
users to fulfill their obligations in any transactions. You are
solely responsible for assessing the truthfulness of any buyer
or seller with whom you deal, and for evaluating the accuracy
of any listing posted on the Site. You agree that SHOPPING ONLINE
USA has no liability for any misrepresentation, incomplete statement
or failure to disclose by any user, or for any claims arising
from a transaction initiated through the Site.
6. Safe Trading: Because user authentication on the Internet is
difficult, SHOPPING ONLINE USA cannot and does not confirm each
user's purported identity. We therefore encourage you to take
all steps you believe are appropriate (including, where possible,
meeting in person) to confirm the accuracy of any listing posted
on the Site, and the identify of any buyer or seller with whom
you deal.
7. Selling / Posting: You must have the legal authority to sell
or provide the goods and services that you are listing on our
Site. You must accurately describe your item and all terms of
transaction in your listing. If another user buys your item (accepts
your offer), you are legally obligated to complete the transaction
unless (i) the transaction is prohibited by law or this Agreement,
(ii) the buyer materially modifies the terms and conditions of
his or her offer, or (iii) a typographical error exists in the
listing information which materially affects the terms of sale.
You are also responsible for payment of all SHOPPING ONLINE USA
fees. Any listed item which is an imitation, replica, or facsimile
must use the terms "imitation" or "replica"
in both the title and description of the listing. Your listing
title and description should never confuse buyers as to the authenticity
of the item. In addition, if your item is pictured with a trademarked
logo, it must be produced by that company. Images of authentic
items are not permitted when selling replicas. Your pictures must
be of the item you are selling. In short, be up front about the
nature of the goods you are selling, and make sure your listing
title is not confusing to buyers.
8. Buyer Contacting a Seller: As a potential buyer, you agree
to contact the seller on SHOPPING ONLINE USA only if you are interested
in requesting further information about the product listed. You
agree not to contact the Seller for any other reason including
to conduct any Spam or fraudulent activity.
9. User Information: "User Information" is defined as
any and all information or data you provide to SHOPPING ONLINE
USA or other users during the Registration, post, sale, buy or
any other process, and through any interactive feature of the
system, including email. You represent and warrant that your User
Information (i) is not false, inaccurate, incomplete or misleading;
(ii) is not fraudulent and does not involve the sale of illegal,
counterfeit or stolen items; (iii) does not infringe any third
party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (iv) does not violate
any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (v) is not defamatory,
libelous, unlawfully threatening or unlawfully harassing; (vi)
is not obscene and does not contain child pornography; (vii) does
not contain any viruses, Trojan horses, worms, time bombs, bots
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; (viii) does not create
liability for SHOPPING ONLINE USA nor cause SHOPPING ONLINE USA
to lose (in whole or in part) the services of our ISPs or other
suppliers; and (ix) does not link directly or indirectly to another
web site. Furthermore, you may not list any item on our Site (or
consummate any transaction that was initiated using our Service)
that, by paying to us a listing or other type of transaction fee
pursuant to our Fee Policy, could cause us to violate any applicable
law, statute, ordinance or regulation, or that violates our current
listing restrictions. You agree not to make use of any other user's
User Information other than as necessary to complete any transactions
in which you and that user are involved.
10.
Use Restrictions: Our Site and Services may be used only for lawful
purposes. You may not use the Site or our Services to transmit,
post, distribute or store any material or conduct any activities
in violation of any applicable local, state, provincial, federal
or foreign law or regulation. This includes without limitation
any unauthorized use or distribution of material protected by
patent, copyright, trademark or other intellectual property right,
or the sale or distribution of material that is obscene, defamatory
or libelous, constitutes an illegal threat, violates rights of
privacy or publicity or violates export control laws. You agree
to comply with any applicable laws, statutes, ordinances and regulations
in your use of the Site and our Services. You agree not to use
the Site or our Services in any manner that violates, or proposes
a transaction which, if consummated, would violate any law, statute,
ordinance or regulation, expose SHOPPING ONLINE USA to civil or
criminal liability, or violate this Agreement. You agree that
you are solely responsible for obtaining all necessary licenses
and permissions necessary for your transactions and for verifying
that other Site users with whom you transact do the same. You
agree that you will not use any information gained from the Site
or our Services, including without limitation information you
learn about any buyer, seller or other users, for any purpose
not necessary to complete transactions on our Site.
11.
Listing Restrictions: SHOPPING ONLINE USA prohibits the listing
or sale of any item that is illegal to sell under any applicable
law, statute, ordinance, or regulation. It is your responsibility
to sell only legal goods and services and you must make sure that
what you list for sale on the Site is legal and conforms to all
the legal requirements of your local, state, provincial, federal
or foreign law and regulations. Items prohibited or restricted
for posting on SHOPPING ONLINE USA.com include but are not limited
to:
o Academic, Beta or OEM Software
o Copyright or Trademark-Sensitive Goods
o Counterfeit or Knock-Off Goods (including currency & stamps)
o Fireworks, Explosives, & Hazardous Materials
o Gambling Items, Government IDs
o Goods Made From Protected Animal/Plant Species
o Hacking/Surveillance/Interception/Descrambling Equipment
o Human Parts, Bodily Fluids & Human Remains
o Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled
Substances
o Individual Contracts or Non-Transferable Items
o Items Subject to Embargo
o Offensive Material (items that promote hatred, violence, racism,
or intolerance)
o Police-Related Items
o Prescription/OTC Drugs & Medical Devices
o Recalled Items, Stocks, Bonds & Securities
o Stolen Property or Items Used For Theft
o Weapons & Ammunition
o The sale of alcohol to persons not of lawful age
o The sale of tobacco products to persons not of lawful age
o PORNOGRAPHY OF ANY SORT ( images, movies, any sexual content,
etc. etc)
12.
Content Policy: You agree not to post any Offensive Content on
the Site or post any links or URL's (web addresses) to sites containing
Offensive Content. "Offensive Content" includes, without
limitation, words, images, sounds or other content which: (i)
is profane, obscene or involves child pornography; (ii) denigrates
a class of people because of their race, religion, country of
origin, sexual orientation or gender; (iii) depicts violent or
criminal acts, perpetrators or victims of violence or crime, or
seeks to incite violence or crime; (iv) relates or pertains to
any "hate group," i.e., groups that are organized in
part to promote the oppression of or assert the supremacy of any
class of people; or (v) contains defamatory or libelous statements
or unlawfully disparaging remarks or threats.
13.
Intellectual Property and Rights of Publicity: You agree not to
use the Site in any manner which violates, or proposes a transaction
which, if consummated, would violate the trademark, copyright,
patent, trade secret, trade dress, publicity or privacy rights
or other proprietary rights of SHOPPING ONLINE USA or any third
party. You agree not to link to any third party's web site or
file on that web site without that party's permission. You agree
that you will not use any automatic or manual process to monitor
or copy any portion of the Site without SHOPPING ONLINE USA's
prior written permission.
14.
Release: You agree that SHOPPING ONLINE USA is not a party to
any negotiations or transactions between the buyers and sellers
who use its Site. In the event that you have a dispute with one
or more users arising from any communications, negotiations, transactions,
or other activities conducted or initiated through the Site or
our Services, you release SHOPPING ONLINE USA and (as applicable)
its officers, directors, employees, agents, parents, subsidiaries,
partners and affiliates from claims, demands, and damages (actual
and consequential) of every kind and nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
15.
Shipping: All items purchased by BUYER will be the liability of
SELLER to complete the process of acquiring all items, products,
merchandise that was ordered to its appropriate owner with any
shipping means necessary to have a successful transaction. BUYER
and SELLER will be liable of receiving and sending all steps required
for both parties to complete the order.
16.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF THE SITE AND OUR
SERVICES IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED
"AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY
OR CONDITION OF ANY KIND. SHOPPING ONLINE USA EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES.
Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you.
SHOPPING ONLINE USA MAKES NO WARRANTY THAT THE SITE OR OUR SERVICES
WILL SATISFY YOUR REQUIREMENTS, OR THAT THE AVAILABILITY OF THE
SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR
FREE, OR VIRUS FREE. NOR DOES SHOPPING ONLINE USA MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE
OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED FROM THE SITE OR OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL
AND/OR GOODS OR SERVICES THROUGH THE SITE OR OUR SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOPPING ONLINE
USA OR THROUGH OR FROM THE SITE OR OUR SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN.
17.
LIMITATION OF LIABILITY: IN NO EVENT SHALL SHOPPING ONLINE USA
OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES,
PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING
FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT,
(II) THE RECEIPT OR LOSS OF DATA, INFORMATION OR MESSAGES TRANSMITTED
THROUGH THE SITE OR OUR SERVICES, (III) TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SITE OR OUR SERVICES, OR (IV) UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR INFORMATION,
EVEN IF SHOPPING ONLINE USA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT
SHALL SHOPPING ONLINE USA BE LIABLE FOR ANY DAMAGES WHATSOEVER
RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR
THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE OR OUR
SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT. IN NO EVENT SHALL SHOPPING ONLINE USA'S TOTAL LIABILITY
TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS.
18.
Indemnity: You agree to defend, indemnify and hold SHOPPING ONLINE
USA and (as applicable) its officers, directors, employees, agents,
parents, subsidiaries, partners and affiliates harmless from and
against any and all claims made by or liabilities to any third
party resulting from any activities conducted under Your Account,
your use or misuse of the Site or our Services, including, but
not limited to, posting content on the Site, entering into transactions
with other Site users, contacting others as a result of their
posting(s) on the Site, infringing a third party's intellectual
property or other rights, failing to deliver goods or payment
to other Site users or otherwise arising out of your breach of
this Agreement.
19.
Language: It is the express intent of the parties that this Agreement
and any related documents be drawn up and executed in the English
language.
20.
General: This Agreement shall be governed by and construed in
accordance with the laws of the United States, without regard
to its conflict of laws principles, as if formed by and between
United States residents. You and SHOPPING ONLINE USA agree to
submit to the personal and exclusive jurisdiction of the courts
located within the County of Miami-Dade, Florida. Headings are
for reference purposes only and in no way define, limit, construe
or describe the scope or extent of any section of this Agreement.
If any part of this Agreement is deemed invalid or void, that
part of the Agreement shall be deemed severable and shall not
affect the validity or enforceability of any of the remaining
conditions. SHOPPING ONLINE USA's 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. You and SHOPPING ONLINE
USA are independent contractors. No agency, partnership, joint
venture, employer-employee or franchiser-franchisee relationship
is intended or created by this Agreement. You agree that, except
as expressly provided herein, there shall be no third party beneficiaries
to this Agreement.
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