| |
User Agreement
1A. This agreement was revised on April 3rd, 2004, and may be modified again
at any time. gorage.com does not and will
not sell personal information.
Buy and sell at your own risk.
gorage.com reserves the right to refuse service to
anyone person or entity.
By using gorage.com, you accept both the terms and
conditions in this User Agreement and our Terms of Use. This Agreement
describes the terms and conditions applicable to your use of our services
available under the domain and sub-domains of www.gorage.com and the general
principles for the websites of our subsidiaries. If you do not agree to
be bound by the terms and conditions of this Agreement, do not use or
access our services. If this agreement has been revised it is up to the
user to be responsible for keeping up with the most recent changes of
the user agreement. If you do not agree to the changes, you must request
that your account be closed.
gorage.com reserves the right to modify the User
Agreement at any time and without prior notice to its users. gorage.com
reserves the right to edit, move, or remove any gorage spaces, items,
description or photographs, posted to any section of our site at our discretion.
gorage.com may experience down time from time to time due to maintenance
or other reasons.
We may amend this Agreement at any time by posting
the amended terms on the Site. Except as stated below, all amended terms
shall automatically be effective immediately. In addition, we may not
notify you of the changes however it is the user’s responsibility
to check for an updated User Agreement. The amended date is visible and
refered to on line “1A”. This Agreement may not be otherwise
amended except in a writing signed by you and gorage llc. This Agreement
is effective upon acceptance in registration for new registering users,
and is otherwise effective on April 1st, 2005 for all users.
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 gorage.com.
1. Membership Eligibility.
Our services are available only to, and may only be used by individuals
who can form legally binding contracts under applicable law. We act as
a passive conduit for your online distribution and publication. Without
limiting the foregoing, our services are not available to children (persons
under the age of 18) or to temporarily or indefinitely suspended gorage.com
members. If you are under the age of 18, you can use this service only
in conjunction with, and under the supervision of your parents or guardians.
If you do not qualify, please do not use our site. If you are registering
as a business, you represent that you have the authority to bind the entity
to this Agreement.
2. Fees and Services.
Joining gorage.com is free. We do charge fees for listing items for sale
through our site. We charge on space used not by individual listings.
Our Fees and Credits Policy is available and is incorporated into this
Agreement by reference. 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 immediately, and we may provide registered users by email
of the changes. However, it is the user’s responsibility to check
for updates to this policy. We may also choose to temporarily change our
Fees and Credits Policy and the fees for our services for promotional
events (for example, free listing days or Free gorage for referrals) and
such changes are effective when we post the temporary promotional event
on the Site. We may in our sole discretion change some or all of our services
at any time. In the event we introduce a new service, which requires a
fee of sorts then the fees for that service are effective at the launch
of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all fees associated with using our service
and the Site and all applicable taxes.
3. gorage.com is a Venue.
3.1 gorage.com is not an Auction site. Instead, the Site acts as a venue
to allow anyone to offer, sell, trade and buy just about anything, at
anytime, from anywhere, in a variety of pricing formats, including a fixed
price format. 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 pay for
items. We cannot ensure that a buyer or seller will actually complete
a transaction. Consequently, we do not transfer legal ownership of items
from the seller to the buyer.
3.2 This is a venue that allows users to find and
purchase items from other users at a fixed or negotiated price.
3.3 Identity Verification. We use many techniques
to verify the accuracy of the information our users provide us when they
register on the Site. However, because user verification on the Internet
is difficult, gorage.com cannot and does not confirm each user's purported
identity. We encourage you to communicate directly with potential trading
partners through the tools available on the Site. You may also wish to
consider using a third party escrow service or services that provide additional
user verification. At times gorage.com may step in to be an immediate
mediator, although there is situations that gorage.com will not get involved
and will suggest a third party mediator.
3.4 Release. Because we are a venue, in the event
that you have a dispute with one or more users, you release gorage.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.
3.5 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 buyer beware when
using the 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.
By using this Site, you agree to accept such risks and gorage.com is not
responsible for the acts or omissions of users on the Site.
4. Member Sign-up Names
gorage.com may, at it sole discretion, change or remove any member sign-up
name. Action may be taken on names which:
• Represent something other members may consider offensive or inappropriate.
• Cause confusion on our site.
5. Buying.
As a buyer, you are obligated to complete the transaction with the seller:
• if you purchase an item through a fixed price formats; or
• if you have made an offer and the offer is accepted implying an
agreement has been made between the buyer and seller.
By offering to purchase 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.
Unless you and the seller agree otherwise, you will become the item's
lawful owner upon physical receipt of the item from the seller.
6. Listing and Selling.
6.1 Listing Description. You must be legally able to sell the item(s)
you list for sale on the Site. You must describe your item and all terms
of sale on the listing page of your gorage. 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.
6.2 Binding offers. If payment has been sent, accepted
and cashed this will bind the seller to release the item to the purchaser.
6.3 Fraud. Without limiting any other remedies, gorage.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 the gorage.com site.
7. Your Item Information.
7.1 Definition. "Your Item Information" is defined as any information
you provide to us or other users in the listing process, in any public
message or through any email feature. You are solely responsible for “Your
Item Information”, and we act as a passive conduit for your online
distribution and publication of Your Item Information.
7.2 Restricted Activities. Your Item 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, antidiscrimination 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; (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 gorage.com
(this does not prevent linking to or advertising an gorage.com item from
another web site); or (dd) you do not have a right to link to or include.
Furthermore, you may not list any item on the Site (or consummate any
transaction that was initiated using our service) that, by paying to us
the gorage fee, could cause us to violate any applicable law, statute,
ordinance or regulation, or that violates our current Prohibited, Questionable
and Infringing Items.
7.3 License. Solely to enable gorage.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. gorage.com
will only use Your Information in accordance with our Privacy Policy.
8. Accesses and Interference.
The 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 gorage.com 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: (i) take any action that imposes, or may
impose in our sole discretion an unreasonable or disproportionately large
load on our infrastructure; (ii) copy, reproduce, modify, create derivative
works from, distribute or publicly display any content (except for Your
Information) from the Site without the prior expressed written permission
of gorage.com and the appropriate third party, as applicable; (iii) interfere
or attempt to interfere with the proper working of the Site or any activities
conducted on the Site; or (iv) bypass our robot exclusion headers or other
measures we may use to prevent or restrict access to the Site.
9. Feedback.
9.1 gorage.com does not operate under the feedback system. If there is
a problem with a buyer and/or seller we will note the account, and hold
the right to take disciplinary action.
10. Breach.
Without limiting other remedies, we may limit your activity, 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.
11. Privacy.
We do not sell or rent your personal information to third parties for
their marketing purposes without your explicit consent and we only use
your information as described in the Privacy Policy. We view protection
of users' privacy as a very important community principle. We understand
clearly that you and your information is one of our most important assets.
We store and process your information on computers located in the United
States that are protected by physical as well as technological security
devices. We use third parties to verify and certify our privacy principles.
Our current Privacy Policy is available at http://www.gorage.com/privacy_policy.php.
If you object to your Information being transferred or used in this way
please do not use our services.
12. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, 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, OFFICERS,
DIRECTORS, 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.
13. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, 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, OFFICERS, DIRECTORS,
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.
14. 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.
15. Legal Compliance.
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our service,
listing, purchase, solicitation of offers to purchase, and sale of items.
16. No Agency.
You and gorage.com are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement. If franchise opportunities are
formed in the future as a result of gorage.com they will function under
their proprietary to that site
17. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal
mail to gorage.com Attn: Legal Department
21 E. 6th St. 3317 Tempe, AZ 85236 (in the case of gorage.com) or to the
email address you provide to gorage.com during the registration process
(in your case). Notice shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid
and return receipt requested, to the address provided to gorage.com during
the registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
18. Resolution of Disputes.
In the event a dispute arises between you and gorage.com, our goal is
to provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and gorage.com agree that any claim
or controversy at law or equity that arises out of this Agreement or our
services ("Claims") shall be resolved in accordance with one
of the subsections below or as otherwise mutually agreed upon in writing
by the parties. Before resorting to these alternatives, we strongly encourage
you to first contact us directly to seek a resolution and we will consider
reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation, as an alternative to litigation.
18.1 Binding Arbitration. For any Claim (excluding
Claims for injunctive or other equitable relief) where the total amount
of the award sought is less than $10,000, you or gorage.com may elect
to resolve the dispute through binding arbitration conducted by telephone,
on-line and/or based solely upon written submissions where no in-person
appearance is required. In such cases, the American Arbitration Association
or JAMS shall administer the arbitration in accordance with their applicable
rules, or any other established ADR provider mutually agreed upon by the
parties. Any judgment on the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof.
18.2 Court. Alternatively, any Claim may be adjudicated
by a court of competent jurisdiction located in Maricopa County, Arizona
or where the defendant is located (in our case Tempe, Arizona, and in
your case your home address or principal place of business). You and gorage.com
agree to submit to the personal jurisdiction of the courts located within
the county of Tempe, Arizona.
18.3 Alternative Dispute Resolution. Alternatively,
gorage.com will consider use of other alternative forms of dispute resolution,
such as binding arbitration to be held in Maricopa County, Arizona or
another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or
equitable relief) between the parties must be resolved using the dispute
resolution mechanism that is selected in accordance with this Section
by the first party to file a Claim. Should either party file an action
contrary to this Section 17, the other party may recover attorneys' fees
and costs up to $1000, provided that the party seeking the award has notified
the other party in writing of the improperly filed Claim, and the other
party has failed to withdraw the Claim.
Each of these policies may be changed from time to
time and are effective immediately after we post the changes on the Site,
except for the Privacy Policy for which we will provide you with thirty
days prior notice. In addition, when using particular services on the
Site, you agree that you are subject to any posted policies or rules applicable
to services you use through the Site, which may be posted from time to
time. All such posted policies or rules are hereby incorporated by reference
into this Agreement.
19. General.
This Agreement shall be governed in all respects by the laws of the State
of Arizona as such laws are applied to agreements entered into and to
be performed entirely within Arizona between Arizona residents. We do
not guarantee continuous, uninterrupted or secure access to our services,
and operation of the Site may be interfered with by numerous factors outside
of our control. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. You agree that this Agreement and all incorporated
agreements may be automatically assigned by gorage.com in accordance with
Section 17 "Notices", in our sole discretion, Headings are for
reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section. Our 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. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof. Sections 2 (Fees and Services) with respect to fees owed for our
services, 3.4 (Release), 7.3 (License), 8 (Access and Interference), 13
(Liability Limit), 14 (Indemnity) and 18 (Resolution of Disputes) shall
survive any termination or expiration of this Agreement.
20. Disclosures.
The services hereunder are offered by gorage.com. located at 21 East 6th
St. #317 Tempe, AZ 85281.
Commercially available parental control protections (such as computer
hardware, software, or filtering services) are commercially available
that may assist you in limiting access to material that is harmful to
minors.
Disputes between you and gorage.com regarding our
services may be reported to Customer Support at customerservice@gorage.com
We encourage you to report all user-to-user disputes to your local law
enforcement, postmaster general, or a certified mediation or arbitration
entity.
caveat emptor. |