Welcome to the user agreement (the "Agreement" or "User Agreement") for www.martshark.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement . This Agreement is effective upon acceptance in registration for all new users, and is otherwise effective on January 10, 2008. Eligibility of Service. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18). 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 guardian. If you do not qualify, please do not use our site. If you are advertising as a business entity, your representative must have the authority to bind this Agreement.
Fees Fees are charged for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our fees are incorporated into this Agreement by reference. We may change our Fees Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least ten (10) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees Policy . We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, 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.
Identity Verification. We use many techniques to verify the accuracy of the information our customers provide us when they advertise on the Site. However, because user verification on the Internet is difficult, if not at times impossible, we cannot and do not confirm each user's identity. We encourage you to communicate directly with potential buyers/sellers Release. Because we are a third-party venue, in the event that you have a dispute with one or more advertisers, 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, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control. We do not control the information provided by advertisers that is made available through our system. You may find other advertiser information to be offensive, harmful, inaccurate, or deceptive. Please note that there are also risks of dealing with underage persons or people acting under potentially harmful pretense. There may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and release us from responsibility for the acts or omissions of users on the Site.
Buying. As a buyer, you are obligated to complete the transaction with the seller if you purchase an item. Should you purchase an item, you are 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. Sales are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you have purchased; a clear typographical error is made; you cannot authenticate the seller's identity; or when the seller does not confirm your purchase. If you choose to purchase items that are restricted to adult use, you are certifying that you have the legal right to purchase such items.
Listing and Selling. 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 the Site. 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. All items in multiple item listings must be identical.
Fraud. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or have engaged in fraudulent activity in connection with the Site.
Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); be defamatory or malicious, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; contain any computer viruses, Trojan horses, worms, time bombs, Easter eggs, phishing devices or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement 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 listing fee , could cause us to violate any applicable law, statute, ordinance or regulation. We do not allow the posting of firearms, weapons, or pornographic materials whatsoever. Postings of such items will constitute a breach of this agreement and result in permanent expulsion from this site.
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: you breach this Agreement or the documents it incorporates by reference, we are unable to verify or authenticate any information you provide to us, or we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy. We do not sell or rent your personal information to third parties for their marketing purposes.
No Warranty The services provided by our site are provided "as is" and without any warranty or guarantee, express, implied or statutory. We disclaim any implied warranty.
Liability Limit. IN NO EVENT SHALL WE 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 THE AMOUNT OF FEES YOU PAY TO US THIS SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Indemnity. You agree to indemnify and hold us and 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.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your solicitation of offers to purchase, and sale of items.
No Agency. You are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes. In the event a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and us 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.
Alternative Dispute Resolution. Alternatively, we will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Huron County, Michigan 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.
General. This Agreement shall be governed in all respects by the laws of the State of Michigan as such laws are applied to agreements entered into and to be performed entirely within Michigan between Michigan 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 the remaining provisions shall be enforced. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
