BUYER'S TERMS OF USE
iCollect247.com, ("iCollect247"),
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.
Buyer's Terms of Use
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.
iCollect247 Terms of Use
iCollect247
has the sole authority and discretion to operate and
maintain the Site.
iCollect247
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
iCollect247.
iCollect247
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
iCollect247
receives complaints about anyone using the Site,
iCollect247
will investigate the complaint and take whatever action it
deems appropriate in its sole discretion.
iCollect247
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
discretion of
iCollect247.
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.