has a web site:
iCollect247.com, ("Site"), to
provide a market place for the sale and purchase of vintage toys,
vintage advertising media and memorabilia and country store items
among other things.
Prior to the completion of registration as a Buyer on iCollect247 and having access to the services available upon such registration on the Site, you must read and accept all of these terms and conditions. Upon such acceptance, this Agreement will be immediately effective. As used herein, Seller shall be any party who registers and offers items for sale on the Site and Buyer shall be any person who registers to shop on the Site.
iCollect247 is not responsible for and has no obligation to resolve disputes or conflicts between persons using the Site. Such claims, disputes or conflicts should be resolved directly between the parties involved. Buyer shall not utilize, copy, modify, distribute or harvest content, including photographs, from the Site for use elsewhere without obtaining advance permission. Buyer shall pay any use taxes or any other taxes that may become due as a result of a transaction precipitated by Buyer's use of iCollect247. Buyer shall not engage in any disruptive technology related practices such as spamming, hacking, improper harvesting and use of user information or distributing viruses or any technology that may harm the Site or any Seller or Buyer. Buyer shall refrain from any unruly, disruptive, unprofessional or offensive conduct while using the Site, communicating with iCollect247 personnel or with any Buyer or Seller. Additionally, iCollect247 reserves the right to modify the terms and conditions hereof at any time, which such modifications will become effective upon notices thereof to the users registered to use the Site.
has the sole authority and discretion to operate and
maintain the Site.
is under no obligation to remove or change any items,
pictures or postings from the Site at any Seller's or
Buyer's request and any such requests shall be resolved at
the sole discretion of
shall not be responsible for addressing any disputes
between any Sellers, between Sellers and Buyers and
between Buyers. In the event of a concern, claim or
dispute, such party or claimant shall communicate directly
with the other party in resolving the concern, claim or
dispute. In the event
receives complaints about anyone using the Site,
will investigate the complaint and take whatever action it
deems appropriate in its sole discretion.
reserves the right to refuse service to anyone, to reject
any membership applications or registrations and/or to
discontinue existing service at any time, which
reservation of right may be exercised in the sole
iCollect247 has the right to terminate this Agreement solely in its discretion without any prior notice of termination. iCollect247 is not involved in the transaction between Sellers and Buyers and, in the event anyone using the Site has a dispute with anyone else using the Site, such users hereby release iCollect247, its officers, agents and employees from any and all claims, demands and damages, actual and consequential of any time arising out of or in any way connected with such disputes. Under no circumstances shall this Agreement be construed in any manner to grant either any Seller or Buyer any intellectual property rights in the trade name "iCollect247", its trademarks, the Site or any content developed by iCollect247, which shall remain the intellectual property of iCollect247.
iCollect247 shall have no responsibility for the collection of any sales tax, use tax, or any other tax that may become due as a result of a transaction precipitated by the use of iCollect247's services. Such responsibility shall be borne by the Seller and/or Buyer as provided by the state for federal law that may be applicable to such transaction.
Neither Sellers nor Buyers will hold iCollect247 responsible for the actions or inactions of any Buyer or any Seller on the Site. The parties acknowledge that iCollect247 is not involved in the actual transaction between Sellers and Buyers and does not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL iCollect247 BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE PARTIES' USE OR INABILITY TO USE THE SITE AND SERVICES, HOWEVER CAUSED) REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE, AND, EVEN IF iCollect247 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO ALL PARTIES. In no event shall iCollect247's total liability to the parties for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fees any party has paid to iCollect247 in the prior twelve (12) months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND SERVICES IS AT THE PARTIES' SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE PARTIES. THE SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND iCollect247 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MARKETABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. iCollect247 DOES NOT WARRANT AGAINST INTERFERENCE WITH THE PARTIES' ENJOYMENT OF THE SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL MEET THE PARTIES' REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY iCollect247 OR AUTHORIZED REPRESENTATIVE OF iCollect247 SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE PARTIES.