
1. Acceptance of Terms of Use and Amendments.
Each time you cause access to or use this web site (hereafter simply referred
to as Accessible Trader), you agree to be bound by these Terms of Use, and
as amended from time to time with or without notice to you. In addition, if
you are using a particular service on or through Accessible Trader, you will
be subject to any guidelines or rules applicable to those services and they
shall be incorporated by reference into these Terms of Use. Please see our
Privacy Policy, which is incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through Accessible Trader
on an "AS IS" basis. You agree that the owners of Accessible Trader
exclusively reserve the right and may, at any time and without notice and
any liability to you, discontinue or modify Accessible Trader and its services
or delete the data you provide, whether permanently or temporarily. We
shall have no liability or responsibility or for the failure to store,
timeliness, inaccuracy, deletion, or improper delivery of any information
or data.
3. Your Registration Obligations and Responsibilities.
In order to sell on Accessible Trader, you must register on Accessible Trader,
agree to provide truthful and honest information when requested. When registering,
you agree, explicitly, to our Terms of Use and as may be modified by us from
time to time and available here.
4. Privacy Policy.
Personally identifiable information and Registration data that we may collect
is subject to the terms of our Privacy Policy.
5. Password and Registration.
You are responsible for all uses via your registration and/or login and shall
be responsible to maintain the confidentiality of your password, whether authorized
or unauthorized by you. You agree to notify us immediately of any unauthorized
use of your password, registration or user account.
6. Your Conduct.
You agree that all data and information of any kind, whether software, code,
text, music or sound, graphics or photographs, video or other materials ("Content"),
privately or publicly provided, shall be the sole responsibility of the person
providing the Content or the person whose user account is used. You agree
that Accessible Trader may expose you to Content that may be offensive or
objectionable. We shall not be responsible to you in any way for the Content
that appears on Accessible Trader nor for any omission or error. You explicitly
agree, in using Accessible Trader or any service provided, that you shall
not:
(a) provide any Content or perform any conduct that may be illegal, unlawful,
harmful, threatening, harassing, abusive, tortious, stalking, libellous, defamatory,
objectionable, pornographic, vulgar, obscene, offensive, designed to or does
interrupt or interfere with Accessible Trader or any service provided, infected
with a virus or other deleterious or destructive programming routine, give
rise to criminal or civil liability, or which may violate an applicable local,
national or international law;
(b) misrepresent or impersonate your association with any entity or person
, or forge or otherwise seek to misrepresent or conceal the origin of any
Content provided by you;
(c) harvest or collect any data about other users;
(d) provide or use Accessible Trader and any service or Content in any commercial
manner or in any manner that would involve spam, junk mail, pyramid schemes,
chain letters, or any other form of unauthorized advertising without our prior
written consent;
(e) provide any Content that may give rise to our criminal or civil liability
or which may be considered or constitute a violation of any local, national
or international law, including but not limited to laws relating to trademark,
patent, copyright, or trade secrets.
7. Submission of Content on Accessible Trader.
By providing any Content to Accessible Trader:
(a) you agree to grant to us a royalty-free, perpetual, non-exclusive worldwide,
right and licence (including any moral or other necessary rights) to display,
reproduce, archive, translate, modify use, adapt, distribute, perform, publish,
promote, and to create compilation and derivative works, in part or in whole
such licence will apply with respect to any form, media, technology known
or developed in the future;
(b) you represent and warrant that you have all moral, legal, and other rights
that may be necessary to grant us with the license set forth in this Section
7;
(c) you agree and acknowledge that we shall have the right (but not obligation),
in our sole discretion, to refuse to remove, block access to or publish any
Content you provide for any reason and at any time, with or without notice.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made available
on or through Accessible Trader. Representations made regarding products and
services provided by third parties are governed by the representations and
policies made by these third parties. We shall not be responsible in any manner
or liable for any of your interaction or dealings with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, employees,
partners, agents, independent contractors, affiliates, related parties, advertisers,
officers, directors, and co-branders from any demand or claim, including reasonable
legal fees, that may be made by any third party, that is arising out of or
due to your conduct or connection with this web site or service, your violation
of this Terms of Use, your provision of Content, or any other violation of
the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU AGREE AND UNDERSTAND THAT YOUR USE OF Accessible Trader AND ANY CONTENT
OR SERVICES PROVIDED (THE "SERVICE") IS PROVIDED AND MADE AVAILABLE
TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED THAT ANY PART
OF THE SERVICE WILL BE ERROR-FREE, VIRUS-FREE, UNINTERRUPTED, SECURE, TIMELY,
RELIABLE, ACCURATE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT
IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH
ADVICE OR ANY OTHER INFORMATION IS WITHOUT OUR LIABILITY OF ANY KIND AND SOLELY
AT YOUR OWN RISK AND Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you only as it relates
to implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, EXEMPLARY, INDICENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO, DATA LOSS OF PROFITS, DAMAGES FOR GOODWILL, USE, OR OTHER
INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF OR RESULTING FROM (I) THE USE OF OR THE INABILITY TO USE THE
SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE SERVICES AND/OR GOODS RESULTING
FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, (IV) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR DATA TRANSMISSIONS, OR (V) ANY OTHER MATTER RELATING
TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability
and therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all trade
secrets, copyrights, trademarks, patents, and any other proprietary right
that we may have in Accessible Trader, its content, and the goods and services
that may be provided. The use of our property and rights requires our prior
written consent. We are not providing you with any implied or express licenses
or rights by making services available to you and you will have no rights
to make any commercial uses of Accessible Trader or service without our prior
written consent.
13. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use
of Accessible Trader or our products or services shall be construed and governed
by and in accordance with local laws where the headquarters of the owner of
this web site is located, without regard to its conflict of law provisions.
By using or registering with this web site and service you consent and submit
to the exclusive jurisdiction and venue of the city or county where the headquarters
of the owner of this web site is located.
14. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which
any provision may be held invalid by a court with jurisdiction over the parties,
such provision will be interpreted to reflect the original intentions of the
parties in accordance with applicable law, and the remainder of this Terms
of Use will remain valid and intact; (ii) The failure of either party to assert
any right under this Terms of Use shall not be considered a waiver of any
that party's right and that right will remain in full force and effect; (iii)
You agree that without regard to any statue or contrary law that any claim
or cause arising out of this web site or its services must be filed within
one (1) year after such claim or cause arose or the claim shall be forever
barred; (iv) We may assign our rights and obligations under this Terms of
Use and we shall be relieved of any further obligation.