TERMS AND CONDITIONS of USE
Welcome to Usedchillerstore.com. By using
the services available from the domain and sub-domains of
www.Usedchillerstore.com(the
"Site") you are agreeing to the following terms, including those
available by hyperlink (the "Agreement" or "User Agreement") with
Usedchillerstore.com. and the general principles for the web sites of
our subsidiaries and international affiliates. If you reside outside
of the United States, you are expected to adhere to these policies
herein.
Buyer or seller who use the service of this site, must read and
accept all of the terms and conditions in, and linked to, this User
Agreement and the Privacy Policy. We strongly recommend that, as you
read this User Agreement, you also access and read the linked
information. By accepting this User Agreement, you also agree that
your use of other Usedchillerstore.com branded web sites will be
governed by the User Agreement and Privacy Policy posted on those web
sites.
This Agreement is effective on July 1st, 2006 for current users,
and upon acceptance for new users.
While using the Site, you will not:
- post content or items in an inappropriate category or areas on
the Site;
- violate any laws, third party rights, or our policies.
- use the Site if you are not able to form legally binding
contracts, are under the age of 18, or are temporarily or
indefinitely suspended from our Site;
- fail to deliver payment for items purchased by you, unless the
seller has materially changed the item's description after you made
a written or verbal commitment to purchase, a clear typographical
error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer
fails to meet the posted terms, or you cannot authenticate the
buyer's identity;
- manipulate the price of any item or interfere with other user's
listings;
- post false, inaccurate, misleading, defamatory, or libelous
content (including personal information);
- take any action that may undermine the feedback or ratings
systems (such as displaying, importing or exporting feedback
information off of the Site or for using it for purposes unrelated
to Usedchillerstore.com);
- transfer your Usedchillerstore.com account (including feedback)
and Username/Password to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm
Usedchillerstore.com, or the interests or property of
Usedchillerstore.com users;
- copy, modify, or distribute content from the Site and
Usedchillerstore.com copyrights and trademarks; or
- harvest or otherwise collect information about users, including
email addresses, without their consent.
Abusing Usedchillerstore.com
Usedchillerstore.com and the Community
work together to keep the site working properly and the Community
safe. Please report problems, offensive content, and policy
violations to us.
Without limiting other remedies, we may limit, suspend, or
terminate our service and user accounts, prohibit access to our
website, remove hosted content, and take technical and legal steps to
keep users off the Site if we think that they are creating problems,
possible legal liabilities, or acting inconsistently with the letter
or spirit of our policies. We also reserve the right to cancel
unconfirmed accounts.
Content License
When you give us content, you 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 the content, in any media known now or in the future. (We
need these rights to host and display your content.)
Liability
You will not hold Usedchillerstore.com
responsible for other users' actions or inactions, including things
they post. You acknowledge that we are not a reseller of mechanical
equipment. Instead, the Site is a venue to allow anyone to offer,
sell, and buy chiller related mechanical equipment, at anytime, from
anywhere, in a variety of pricing formats presented by sellers. We
are not involved in the actual transaction between buyers and
sellers. We have no control over and do not guarantee the quality,
safety or legality of items advertised, the truth or accuracy of
listings, the ability of sellers to sell items, the ability of buyers
to pay for items, or that a buyer or seller will actually complete a
transaction.
We do not transfer legal ownership of items from the seller to the
buyer, and nothing in this agreement shall modify the governing
provisions of California Commercial Code § 2401(2) and Uniform
Commercial Code § 2-401(2), under which legal ownership of an item is
transferred upon physical delivery of the item to the buyer by the
seller. Unless the buyer and the seller agree otherwise, the buyer
will become the item's lawful owner upon physical receipt of the item
from the seller, in accordance with California Commercial Code §
2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot
guarantee continuous or secure access to our services, and operation
of the Site may be interfered with by numerous factors outside of our
control. Accordingly, to the extent legally permitted, we exclude all
implied warranties, terms and conditions. We are not liable for any
loss of money, goodwill, or reputation, or any special, indirect, or
consequential damages arising out of your use of our Site. Some
jurisdictions do not allow the disclaimer of warranties or exclusion
of damages, so such disclaimers and exclusions may not apply to you.
Release
If you have a dispute with one or more
users, you release us (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, arising out of or in any way connected with such
disputes. If you are a California resident, you waive California
Civil Code §1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor."
Access 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 Usedchillerstore.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:
- take any action that imposes or may impose (in our sole
discretion) an unreasonable or disproportionately large load on our
infrastructure;
- 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 Usedchillerstore.com and the appropriate third party,
as applicable;
- interfere or attempt to interfere with the proper working of
the Site or any activities conducted on the Site; or
- bypass our robot exclusion headers or other measures we may use
to prevent or restrict access to the Site.
Privacy
We do not sell or rent your personal
information to third parties for their marketing purposes without
your explicit consent. We use your information only as described in
the Usedchillerstore.com Privacy Policy. We view
protection of users' privacy as a very important community principle.
We store and process your information on computers located in the
United States that are protected by physical as well as technological
security devices. You can access and modify the information you
provide us. We use third parties to verify and certify our privacy
principles. For a complete description of how we use and protect your
personal information, see the Usedchillerstore.com Privacy Policy. If
you object to your Information being transferred or used in this way
please do not use our services.
Indemnity
You will indemnify and hold us (and our
officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the
rights of a third party.
No Agency
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
Notices
Except as explicitly stated otherwise,
legal notices shall be served on Usedchillerstore.com's national
registered agent (in the case of Usedchillerstore.com) or to the
email address you provide to Usedchillerstore.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 legal
notice by mail to the address provided during the registration
process. In such case, notice shall be deemed given three days after
the date of mailing.
Resolution of Disputes
If a dispute arises between you and
Usedchillerstore.com, our goal is to provide you with a neutral and
cost effective means of resolving the dispute quickly. Accordingly,
you and Usedchillerstore.com agree that we will resolve any claim or
controversy at law or equity that arises out of this Agreement or our
services (a "Claim") in accordance with one of the subsections below
or as we and you otherwise agree in writing. Before resorting to
these alternatives, we strongly encourage you to first contact us
directly to seek a resolution by going to http://www.usedchillerstore.com/contact.asp
We will consider reasonable requests to resolve the dispute through
alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
- Law and Forum for Disputes - This Agreement shall be
governed in all respects by the laws of the State of California as
they apply to agreements entered into and to be performed entirely
within California between California residents, without regard to
conflict of law provisions. You agree that any claim or dispute you
may have against Usedchillerstore.com must be resolved by a court
located in Santa Clara County, California, except as otherwise
agreed by the parties or as described in the Arbitration Option
paragraph below. You agree to submit to the personal jurisdiction
of the courts located within Santa Clara County, California for the
purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for
injunctive or other equitable relief) where the total amount of the
award sought is less than $10,000, the party requesting relief may
elect to resolve the dispute in a cost effective manner through
binding non-appearance-based arbitration. In the event a party
elects arbitration, they shall initiate such arbitration through an
established alternative dispute resolution ("ADR") provider
mutually agreed upon by the parties. The ADR provider and the
parties must comply with the following rules: a) the arbitration
shall be conducted by telephone, online and/or be solely based on
written submissions, the specific manner shall be chosen by the
party initiating the arbitration; b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and c) any judgment on
the award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
- Improperly Filed Claims - All claims you bring against
Usedchillerstore.com must be resolved in accordance with this
Resolution of Disputes Section. All claims filed or brought
contrary to the Resolution of Disputes Section shall be considered
improperly filed. Should you file a claim contrary to the
Resolution of Disputes Section, Usedchillerstore.com may recover
attorneys' fees and costs , provided that Usedchillerstore.com has
notified you in writing of the improperly filed claim, and you have
failed to promptly withdraw the claim.
Privacy Policy
Scope
Subject to the requirements of applicable
law, we strive to provide a consistent set of privacy practices
throughout the global Usedchillerstore.com community. By accepting
the Privacy Policy and the User Agreement in registration, you
expressly consent to our collection, storage, use and disclosure of
your personal information as described in this Privacy Policy. This
Privacy Policy is effective upon acceptance for new users.
Data Collection
You can browse the Site without telling us
who you are or revealing any personal information about yourself.
Once you give us your personal information, you are not anonymous to
us. If you choose to provide us with personal information, you
consent to the transfer and storage of that information to our
servers located in the United States.
We may collect and store the following personal information:
- email address, physical contact
information.
- transactional information based on your
activities on the Site (such as buying, selling, item and content
you generate or that relates to your account):
- shipping, billing and other information
you provide to purchase or ship an item:
- community discussions, chats, dispute
resolution, correspondence through the Site, and correspondence
sent to us:
- computer sign-on data, statistics on
page views, traffic to and from the Site, and ad data: other
information, including IP address and standard web log information:
and
- supplemental information from third
parties. (For example, if you incur a debt to Usedchillerstore.com,
we will generally conduct a credit check by obtaining additional
information about you from a credit bureau, as permitted by law. As
another example, if the information you provide cannot be verified,
we may ask you to send us additional information (such as your
driver license, credit card statement, and/or a recent utility bill
or other information confirming your address), or to answer
additional questions online to help verify your information.)
Marketing
We don't sell or rent your personal
information to third parties for their marketing purposes without
your explicit consent. We may combine your information with
information we collect from other companies (such as demographic
data) to improve and personalize our services.
Use
Our primary purpose in collecting personal
information is to provide you with a safe, smooth, efficient, and
customized experience. You agree that we may use your personal
information to:
- provide the services and customer
support you request;
- resolve disputes, and
troubleshoot problems;
- prevent potentially prohibited or
illegal activities, and enforce our User Agreement;
- customize, measure, and improve our
services and the Site's content and layout;
- tell you about targeted marketing,
service updates, and promotional offers based on your communication
preferences; and compare information for accuracy, and verify it
with third parties.
Our Disclosure of Your Information
We may disclose personal information to
respond to legal requirements, enforce our policies, respond to
claims that a listing or other content violates the rights of others,
or protect anyone's rights, property, or safety.
We may also share your personal information with:
- members of our corporate family to help
detect and prevent potentially illegal acts and provide joint
services; (Our corporate affiliates will market only to users who
request these services.)
- service providers under contract who
help with our business operations; (such as fraud investigations,
bill collection, affiliate and rewards programs and co-branded
credit cards)
- other third parties to whom you
explicitly ask us to send your information; (or about whom you are
otherwise explicitly notified and consent to when using a specific
service)
- law enforcement or other governmental
officials, in response to a verified request relating to a criminal
investigation or alleged illegal activity; (In such events we will
disclose name, city, state, telephone number, email address, User
ID history, fraud complaints, and buy/sell and listing history.)
- other business entities, should we plan
to merge with, or be acquired by that business entity. (Should such
a combination occur, we will require that the new combined entity
follow this privacy policy with respect to your personal
information. If your personal information will be used contrary to
this policy, you will receive prior notice.)
Without limiting the above, in an effort to respect your privacy
and our ability to keep the community free from bad actors, we will
not otherwise disclose your personal information to law enforcement,
other government officials, or other third parties without a
subpoena, court order or substantially similar legal procedure,
except when we believe in good faith that the disclosure of
information is necessary to prevent imminent physical harm or
financial loss or to report suspected illegal activity.
Using Information from Usedchillerstore.com
Our Site enables you to share personal and
financial information in order to complete transactions. We encourage
you to disclose your privacy practices and respect the privacy of
other users. We cannot guarantee the privacy or security of your
information and therefore we encourage you to evaluate the privacy
and security policies of your trading partner before entering into a
transaction and choosing to share your information. To help protect
your privacy, we allow only limited access to other users' contact,
shipping and financial information in order to facilitate your
transactions. When users are involved in a transaction, they may have
access to each other's name, User ID, email address, and other
contact and shipping information. In all cases, you must give other
users a chance to remove themselves from your database and a chance
to review what information you have collected about them.
You agree to use user information only for:
- Usedchillerstore.com-transaction-related
purposes that are not unsolicited commercial messages.
- Using services offered through
Usedchillerstore.com (e.g. escrow, insurance, shipping and fraud
complaints).
- Other purposes that a user expressly
chooses.
Cookies
We use "cookies" (small files placed on
your hard drive) on certain pages of the Site to help analyze our web
page flow, customize our services, measure promotional effectiveness,
and promote trust and safety.
A few important things you should know about cookies are that:
- We offer certain features that are only
available through the use of cookies.
- We use cookies to help identify you and
maintain your signed-in status.
- Most cookies are "session cookies,"
meaning that they are automatically deleted from your hard drive at
the end of a session.
- You are always free to decline our
cookies if your browser permits, although doing so may interfere
with your use of the Site.
- You may encounter cookies from third
parties on certain pages of the Site that we do not control. (For
example, if you view a web page created by another user, there may
be a "cookie" placed by that web page.)
No spam, spyware or spoofing
We and our users do not tolerate spam. You
are not licensed to add other Usedchillerstore.com users, even a user
who has purchased an item from you, to your mail list (email or
physical mail) without their express consent. To report
Usedchillerstore.com related spam or spoof emails to
Usedchillerstore.com, please forward the email to
http://www.usedchillerstore.com/contact.asp . You may not
use our communication tools to send spam or otherwise send content
that would violate our User Agreement. We do filter and automatically
scan messages before they are sent for viruses and other illegal or
prohibited content but do not permanently store email messages sent
through these tools. If you send an email to an email address that is
not registered in our community (via Refer a Friend or other tool),
we do not permanently store that email or use that email address for
any marketing purpose. We do not rent or sell these email addresses.
Account Protection
Your password is the key to your account.
Use unique numbers, letters, and special characters and do not
disclose your Usedchillerstore.com password to anyone. If you do
share your password or your personal information with others,
remember that you are responsible for all actions taken in the name
of your account. If you lose control of your password, you may lose
substantial control over your personal information and may be subject
to legally binding actions taken on your behalf. Therefore, if your
password has been compromised for any reason, you should immediately
notify Usedchillerstore.com and change your password.
Accessing, Reviewing and Changing Your Personal
Information
You can see, review and change most of
your personal information by logging into the Site. Generally, we
will not manually modify your personal information because it is very
difficult to verify your identity remotely. You must promptly update
your personal information if it changes or is inaccurate. Once you
make a public posting, you may not be able to change or remove it.
Upon your request, we will close your account and remove your
personal information from view as soon as reasonably possible, based
on your account activity and in accordance with applicable law. We do
retain personal information from closed accounts in order to comply
with law, prevent fraud, collect any fees owed, resolve disputes,
troubleshoot problems, assist with any investigations, enforce our
Usedchillerstore.com User Agreement, and take other actions otherwise
permitted by law.
Security
Your information is stored on our servers
located in the United States. We treat data as an asset that must be
protected and use lots of tools (encryption, passwords, physical
security, etc.) to protect your personal information against
unauthorized access and disclosure. However, as you probably know,
third parties may unlawfully intercept or access transmissions or
private communications, and other users may abuse or misuse your
personal information that they collect from the Site. Therefore,
although we work very hard to protect your privacy, we do not
promise, and you should not expect, that your personal information or
private communications will always remain private.
Third Parties
Except as otherwise expressly included in
this Privacy Policy, this document addresses only the use and
disclosure of information we collect from you. If you disclose your
information to others, whether they are buyers, or sellers on our
Site or other sites throughout the Internet, different rules may
apply to their use or disclosure of the information you disclose to
them. Since Usedchillerstore.com does not control the privacy
policies of third parties, you are subject to the privacy policies of
those third parties. We encourage you to ask questions before you
disclose your personal information to others.
General
We may amend this Privacy Policy at any
time by posting the amended terms on the Site. All amended terms
automatically take effect 30 days after they are initially posted on
the Site. If your questions are not answered online, you may
write to us at: Usedchillerstore.com Inc. Attn: User Support Service
- Global Privacy Practices, 484 Main Street, Suite#1, Diamond Springs,
California 95619. |
