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PLEASE READ THIS USER AGREEMENT AND TERMS
AND CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE
By using the services provided from the
domain and sub-domains of http://www.easypeddler.com/
(the "Site"), you must accept the
User Agreement (the "Agreement" or
"User Agreement") and consent to the
following terms and conditions. If you do not
agree with any part of the following terms and
conditions, do not use this Web site. You must
read and accept all of the terms and conditions
in this User Agreement and the Privacy Policy
before you utilize any services offered by the
Site.
This Agreement is effective on June 10, 2008
for all users and may be amended at any time
without any notice to you. All amended terms
shall be effective 30 days after they are initially
posted on the Site.
GENERAL
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.
Easy Peddler is located in Hazleton, Pennsylvania,
United States of America. If you reside anywhere
outside of the Unites States of America, you
are ineligible for membership to the Site at
this time. This Agreement and its performance
shall be governed by the laws of the Commonwealth
of Pennsylvania, United States of America. You
consent and submit to the exclusive jurisdiction
of the Luzerne County Court of Common Pleas,
located in Wilkes-Barre, Luzerne County, Pennsylvania,
United States of America and United States Federal
District Court located in Scranton, Lackawanna
County, Pennsylvania, United States of America,
in all questions and controversies arising out
of your use of the Site and this Agreement.
Any claim or cause of action arising from or
relating to your access or use of this Site,
to the extent allowed by applicable law, must
be brought within two (2) years from the date
on which such claim or action arose.
RESTRICTED ACTIVITES
While accessing any domains and sub-domains
of the Site, you may not: use the Site if you
do not have legal capacity to enter into binding
contracts (i.e. you are under the age of 18;
or you have been suspended from our Site); violate
any laws, third party rights, or any of our
posted policies; post false, misleading, defamatory,
or libelous content; provide false or inaccurate
personal information; collect a user's personal
information (including email addresses and telephone
numbers) without their explicit consent; transfer
your Easy Peddler account (User name and password)
to another party without our consent; distribute
or post spam, chain letters, or pyramid schemes;
distribute viruses, Trojan worms, malicious
script, or any other technologies that may harm
the Site or the interests or property of Easy
Peddler users; or copy, modify, or distribute
information or content from the Site.
MINORS
Minors (under the age of 18) are not eligible
to use our service. Minors may not use the services
offered by Easy Peddler.
LISTING POLICY
Any registered member may create and post listings
on the Site. Easy Peddler does not allow the
listing of certain items on the Site. Questionable
or illegal items are considered "Restricted
Listings." Please see our Restricted Listings
Policy for more information. Users attempting
to post listings in violation of our Restricted
Listings Policy will be subject to remediation
described in this User Agreement. All registered
members must read and understand our Restricted
Listings Policy before any listings may be posted
on the Site.
TAXES
You are solely responsible to pay all federal,
state and local taxes, if applicable, for all
sales made through Easy Peddler. These taxes
include, but are not limited to sales taxes
and capital gains taxes. Consult your tax preparer
or lawyer for more information.
FEES AND CHARGES
Easy Peddler is a free service. There are no
fees or charges associated with creating and
posting listings on the Site. Our service is
provided free of charge as a benefit to our
registered members, users and advertisers.
ADVERTISING
You may not post any listing that promotes any
other business or organization within the Easy
Peddler listing categories. Easy Peddler offers
advertising packages for a fee.
REMEDIATION
Without limiting other remedies, we reserve
the right to limit, suspend, prohibit or terminate
our service to any user, at any time, if we
feel that user has: breached this Agreement
or any other policy posted on the Site; is creating
possible legal liabilities for the Site; or
is acting in a questionable manner. Furthermore,
we reserve the right to take technical and legal
steps to prohibit users from accessing the Site.
CONTENT LICENSE
When you post content on the Site, you grant
us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable right to exercise
the copyright, publicity and database rights
you have in the content, in any media known
now or in the future.
THIRD RTY CONTENT
Easy Peddler may, from time to time, use third
party content which may or may not be copyrighted.
We use this material for promotional purposes
and believe this content is "fair use"
because we are using it as a representative
example and are not attempting to benefit from
its use. We do, however, respect intellectual
properties of others. If you believe your copyright
or trademark has been infringed upon by Easy
Peddler, please send a notarized letter to Easy
Peddler, Inc., P.O. Box 2132, Hazleton, ,
18201.
LIABILITY
You will not hold Easy Peddler responsible for
other users' actions or inactions. You acknowledge
that Easy Peddler only provides a venue for
transactions and we are not involved in any
buyer-to-seller or seller-to-buyer transactions.
We allow anyone in the United States to post
listings at any time and this content is published
within the public domain through the Internet.
We have no control over and do not guarantee
the quality, safety or legality of listings
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. This provision
shall be bound by the United States 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.
TRANSACTION DISPUTE RESOLUTION
Easy Peddler will not mediate any conflicts
which may arise between a buyer and seller.
Easy Peddler will fully cooperate with investigations
involving local, state and federal law-enforcement
agents. We will only disclose personal information
if we are required to do so pursuant to a subpoena
or other legal process.
RELEASE
If you have a dispute with one or more users,
you release Easy Peddler (and our owners, 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.
DISRUPTION OF SERVICE
Easy Peddler does not guarantee continuous,
uninterrupted or secure access to our services,
and the Site may be interfered with by numerous
factors outside of our control.
PRIVACY
We do not sell or rent your personal information
to third parties for their marketing purposes.
We use your information only as described in
our Privacy Policy. We store and process your
personal information on computers located in
the United States that are protected by physical
as well as technological security devices. For
a complete description of how we use and protect
your personal information, read our Privacy
Policy. If you object to your personal information
being transferred or used in this way, please
do not use our services.
INDEMNITY
You will indemnify and hold us 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 created
by this Agreement.
NOTICES
This User Agreement, together with the Privacy
Policy, Restricted Listings Policy, General
Rules and any other terms and conditions or
other policies incorporated herein or referred
to herein constitutes the entire agreement between
us and our users and supersedes any prior understandings
or agreements (whether oral or written) regarding
the subject matter and may not be amended or
modified.
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