|Terms and Conditions|
Amber-Market User Agreement
The Amber-Market.com Web Site (the "Site") is provided by Amber-Market.com ("Amber-Market" or "Amber-Market.com") to you ("you" or "User") subject to the following Agreement ("Agreement") and any operating rules or policies that may be published from time to time by Amber-Market. Before you subscribe to and/or begin participating in or using the Site, Amber-Market requires that you read and accept the following Agreement. BY CLICKING ON THE BUTTON MARKED "I ACCEPT THE TERMS AND CONDITIONS OF THE AMBER-MARKET.COM USER AGREEMENT" ON THE SITE, YOU ACCEPT AND AGREE TO THIS AGREEMENT AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to this, you may not access or otherwise use the Site.
Changes to this Agreement: Amber-Market may, in its sole discretion, change, add or remove any portion of this Agreement, at any time, by posting a new Agreement to the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changed Agreement.
Amber-Market.com is Only a Venue: The Site is only a venue for registered sellers to conduct sales of business products, equipment, assets and property, and for buyers to make offers on such property. Amber-Market is not involved in the actual transactions between buyers and sellers and therefore, has 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. Amber-Market does not qualify buyers or sellers and does not confirm the identity of each User. There may be risks dealing with foreign nationals, underage persons or people acting under false pretense. Since appearance on the Site is not an indication of creditworthiness, trustworthiness, and acceptability, Users involved in a sale are advised to communicate directly with other Users. Because Amber-Market is not and can not be involved in dealings between Users, in the event that you have a dispute with another User (whether a buyer or seller), you hereby release Amber-Market, its directors, officers, employees and agents from and against any and all 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.
Modifications to Site: Amber-Market reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Amber-Market may impose limits on certain features of the Site or restrict your access to part or all of the Site or the Site without notice or penalty.
User Registration: The Site is available only to individuals and businesses who can form legally binding contracts under applicable law. Upon your acceptance of this Agreement, your completed Registration Form shall be submitted to Amber-Market. Amber-Market reserves the right to disapprove your registration or terminate your use of the Site for any reason at any time, in its sole discretion.
Email Address and Password: You are solely responsible in all respects for all use of and for protecting the confidentiality of your email address, the email verification number and your password. You may not share your email verification number or your password with any third parties or use such number or password for any unauthorized purposes.
User Conduct: You are solely responsible for the content and context of any User Information you post through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane, (b) restrict or inhibit any other User from using and enjoying the Site, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you will not post or transmit (i) any bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Site) or engage in spamming or flooding. You also warrant and agree that you shall not: (x) impersonate or misrepresent your affiliation with any other person or entity; (y) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes; or (z) attempt to gain unauthorized access to other computer systems through the Site.
Monitoring: You agree that Amber-Market has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content, including but not limited to User Information and Listing Details (as defined below) anywhere on the Site, including but not limited to chatrooms, bulletin boards, e-mail and other forums. Notwithstanding this right, Amber-Market does not and cannot review all materials posted to the Site by Users and Amber-Market is not responsible for any such materials posted by Users.
Seller Conduct: In addition to the other obligations set forth in this Agreement, if you sell items on the Site or through the Site, you agree to abide by the following:
Listing Details: You shall be prompted to "post" each item for sale on the Site by providing and approving certain item information (collectively, "Listing Details") on the Listing Details form. Once you post the Listing Details of an item to the Site, the item becomes a "Posted Item."
Fees: For each Posted Item that you sell through the Site in accordance with the next paragraph, you shall pay Amber-Market a fee equal to a percentage of the sale price of the Posted Item (the "Commission Fee").
Seller.s Warranties: As a seller, you represent and warrant that: (1) all Listing Details you provide shall be accurate and complete and shall accurately represent the conditions of the Posted Item at the expected sale date; (2) no Posted Item you provide for sale on the Site shall be fraudulent or counterfeit; (3) you have the right, through actual ownership or otherwise, to provide any Posted Item for sale on the Site and to sell the item through the Site; (4) the payment of the Commission Fee to Amber-Market for any Posted Item you provide shall not cause Amber-Market to violate any applicable law, statute, ordinance or regulation; and (5) you shall not provide as a Posted Item any live animals, human beings, body parts, soiled clothing, pornography, bulk e-mail lists, switchblades, weapons or ammunitions. Amber-Market reserves the right to move Posted Items from one category to another, and to remove categories and Posted Items at any time, in its sole discretion.
Buyer Conduct: If you use the Site to buy a Posted Item, you acknowledge and agree that if, as of the close of a sale, you have placed the offer at reserved price, you may not retract the offer, unless the Posting Information included a material inaccuracy or misrepresentation, or the Posted Item does not materially comply with the Posting Information.
No Price Manipulation: Sale price manipulation of any kind, directly or indirectly, by Users is prohibited, including, but not limited to, through a secondary account, agent or assign, by making offers for your own account and the Posted Items you have provided, by communicating with other buyers and sellers, or by shill bidding.
Taxes: You acknowledge and agree that Amber-Market does not take any responsibility to calculate, report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any jurisdiction for transactions that arise in connection with your use of the Site. You acknowledge and agree that you are solely responsible for the calculation, collection and remittance of any applicable taxes which may be incurred or assessed in connection with your use of the Site.
DISCLAIMER OF WARRANTIES: THE SITE , INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AMBER-MARKET DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. AMBER-MARKET MAKES NO WARRANTY THAT THE SITE WILL MEET USERS. REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY POSTING AN ITEM ON THE SITE, THE POSTED ITEM WILL BE SOLD. AMBER-MARKET MAKES NO ENDORSEMENT OR WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMBER-MARKET OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. AMBER-MARKET EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY GOODS SOLD ON OR THROUGH THE SITE, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.
LIMITATION OF LIABILITY: IN NO EVENT SHALL AMBER-MARKET BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF AMBER-MARKET OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF AMBER-MARKET TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Indemnification: You shall indemnify, defend and hold Amber-Market, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys. fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of this Agreement or any use by you of the Site or as a result of a dispute with another User. Amber-Market reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Amber-Market.
No Agency: The relationship between you and Amber-Market is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Termination: This Agreement constitutes a binding agreement between you and Amber-Market until terminated by you or Amber-Market, which Amber-Market may do at any time, without notice, in Amber-Market.s sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
Choice of Law; Dispute Resolution: This Agreement shall be governed by and in accordance with the laws of The Province of British Columbia, Canada, without regard to conflicts of laws provisions. Any controversy involving Amber-Market arising from or in any way related to this Agreement or your use of the Site shall be heard in the appropriate court in The Province of British Columbia, Canada and you irrevocably consent to the jurisdiction of such courts.
Notices And Disclosures: Except as explicitly stated otherwise, any notices shall be given by e-mail to, in the case of Amber-Market, firstname.lastname@example.org , or, in the case of a User to either: (1) the e-mail address you provide to Amber-Market during the registration process, (2) the mailing address provided to Amber-Market during the registration process, or (3) such other address as you may specify. 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 or, in the case of mailing, three (3) days after the date of mailing.
General Provisions: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either you or Amber-Market to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and Amber-Market and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.