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This document describes the terms and conditions on which ShipTraders.com offers a Member ("You") access to our services. If you have a question about these terms that is not addressed in this agreement, please contact us at shiptraders@excite.com PLEASE READ THIS AGREEMENT CAREFULLY By registering as a user on ShipTraders.com, you accept both the terms and conditions in this Member Agreement and our Terms of Use. This agreement was revised on Dec 16, 2005, and may be modified again at any time. Acceptance of Terms By completing the sign-up process, you agree to the terms of this Member Agreement, and to abide by the other terms, policies, procedures, and guidelines on ShipTraders.com. ShipTraders.com may amend these terms from time to time. If you do not agree to the changes, you must request that your account be closed. Your continued use of our service will signify your acceptance of the updated terms. ShipTraders.com Is Only a Venue ShipTraders.com acts as a matching service for Members to locate people to buy, sell, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the site. As a result, we cannot verify or endorse the quality, safety, or legality of the posted advertisements, or the truth or accuracy of the content on our site. Member Sign-up Names ShipTraders.com may, at it sole discretion, change or remove any member sign-up name. Action may be taken on names which: � Represent any form of contact information (URL, email, phone, etc). � Represent something other members may consider offensive or inappropriate. � Cause confusion in our marketplace Member Obligations and Terms You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication. Your information (or content) includes any information you provide to us or other members during the registration, trading, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of your items and services. We may take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us. You acknowledge that ShipTraders.com may not pre-screen content, but that ShipTraders.com and its designees have the right (but not the obligation) in their sole discretion to refuse, modify, or reorganize any content that is available via the service. In addition, ShipTraders.com has the right to suspend or terminate your account and refuse any and all current or future use of our service, at any time and at our sole discretion. ShipTraders.com reserves the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice. � Content. You agree that your information and the content you post on ShipTraders.com: � will be true, accurate, and up-to-date; � will not be fraudulent or involve the sale of stolen items; � will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); � will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; � will not be obscene or contain child pornography; � will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; � will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement or (ii) you do not have a right to link to or include; � are in accordance with ShipTraders.com Classified Ad Guidelines. � Fees. Unless otherwise stated, all monetary values are quoted in U.S. Dollars. You are responsible for paying all applicable fees, taxes and duties and for all costs you incur as part of the ShipTraders.com service. We may, at our sole discretion, change some or all of our services, our Fees and Payments Policy, and/or the fees for our services. � License. You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your posted content, in any media now known or not currently known. � Privacy. ShipTraders.com will only use your personal information in accordance with our Privacy Policy. The Trading Process � Negotiating. Members negotiate with each other through the process of formulating offers and counteroffers. Making an acceptance or confirmation of an acceptance constitutes an obligation for all parties involved to complete the transaction. Acceptances are not retractable except in exceptional circumstances. These circumstances may include, but are not limited to situations where a Member materially changing the description of the item after your offer was made or clear typographical errors, or when you cannot authenticate the identity of a Member involved in the trade. � Posting. Classifieds are text descriptions, graphics, and/or pictures on ShipTraders.com website supplied by you that either (a) describe a good or service you have or provide (b) describe a good or service item you are seeking. You may post either or both of these types of classifieds on ShipTraders.com site, provided that you place such classifieds in an appropriate category. ShipTraders.com is not responsible for the accuracy or content of classifieds. All classifieds are subject to approval based on ShipTraders.com Classified Ad Guidelines. � Disputes. ShipTraders.com is not responsible for resolving disputes between parties. The Trading System � System. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the ShipTraders.com site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose. � Manipulation. You agree not to use a secondary account or third party to manipulate the outcome of a negotiation with another trader. � Ratings. You may not take any actions which may undermine the integrity of the ratings system, such as leaving positive ratings for yourself using a secondary member account or third party, leaving negative ratings for other Members using secondary accounts or third parties, or leaving negative ratings if a Member fails to perform some action that is outside the scope of the transaction. General Legal Terms � Our service is provided "as is." We will try very hard to make your experience with ShipTraders.com a pleasurable one; however, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, you agree that ShipTraders.com services are provided "as is." We cannot assume responsibility for the timeliness, deletion, misdelivery, or failure to store any Member data, communications, or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE ShipTraders.com WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 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 which vary from state to state. � Suspension/Termination. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current classifieds, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, ShipTraders.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. � Limit of liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. � General compliance with laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, classified ad, purchase, and sale of items and services. � No agency. You and ShipTraders.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. � Notices. Except as explicitly stated otherwise, ShipTraders.com may provide you with notices via email, newsletters, regular postal mail, or postings on the ShipTraders.com web site. � Other Agreements. If you and ShipTraders.com have entered into a separate written agreement that covers your use of ShipTraders.com, the terms and conditions of such agreement shall control to the extent they are inconsistent with this Member Agreement.
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