The following describes the terms on which CommodityPartner offers you access to our services.   Introduction Welcome to CommodityPartner. By using the services on the CommodityPartner.com website, you are agreeing to the following terms with the owners of the CommodityPartner.com website. If you have any questions, please send an email to info@CommoditPartner.com. Before you may become a member of CommodityPartner, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. This Agreement is effective on August 13, 2008, for current users, and upon acceptance for new users. Using CommodityPartner While using CommodityPartner, you will not: post content or goods in an inappropriate area on our sites and services; violate any laws, third party rights, offer, trade, buy or sell prohibited and restricted goods or services (list of prohibited and restricted goods or services see below); use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; fail to deliver payment for goods or services purchased by you, unless the seller has materially changed the good or service's description after you quote, a clear typographical error is made, or you cannot authenticate the seller's identity; fail to deliver goods or services 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 good or service or interfere with other user's listings; circumvent or manipulate our fee structure, the billing process, or fees owed to CommodityPartner; 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 sites or using it for purposes unrelated to CommodityPartner); transfer your CommodityPartner account (including feedback) and User ID to another party without our consent; distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm CommodityPartner, or the interests or property of CommodityPartner users; copy, modify, or distribute content from the Sites and CommodityPartner's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent. Prohibited and Restricted Goods and Services Before you list your good or service, you need to find out if your good or service is allowed on CommodityPartner and if the type of good or service is subject to certain restrictions to avoid potential issues with your listing. As a CommodityPartner seller and buyer, you are ultimately responsible for making sure that selling or buying a good or service is legal in the eyes of the law. When selling across borders, be aware of international trading and import restrictions. Certain goods or services may be legal in your country, but may be illegal elsewhere. Violations of these policies may result in a range of actions, including: Listing, messages or quotes cancellation Limits on account privileges Account suspension When policy violations occur, CommodityPartner emails the seller or buyer, as well as the quoter's, that a listing has been ended. You may contact CommodityPartner to report violations by sending an email to info@CommodityPartner.com. List of prohibited and restricted goods and services: Violent services, racial intolerance, or advocacy against any individual, group, or organization Pornography, adult, or mature goods or services Hacking/cracking goods or services Illicit drugs and drug paraphernalia Gambling or casino-related goods or services Goods or services which compensate users for clicking on ads or offers, performing searches, surfing websites, or reading emails weapons or ammunition (e.g., firearms, fighting knives, stun guns) beer or hard alcohol tobacco or tobacco-related products prescription drugs replicas or imitations of designer goods term papers or student essays Any other goods or services that are illegal, promotes illegal activity, or infringes on the legal rights of others Rules for Listings To promote a safe, fair and enjoyable trading experience, CommodityPartner has established a set of rules and policies for listings for goods and services. These restrictions involve how certain goods or services are described, and practices that would provide an unfair advantage or result in a negative buyer or seller experience. Learning about CommodityPartner's listing policies before you list a good or service will help you to avoid unintentionally breaking rules. Violations of these policies may result in a range of actions, including: Listing cancellation Limits on account privileges Account suspension When policy violations occur, CommodityPartner emails the seller or buyer, as well as the quoter's, that a listing has been ended. The following are the Rules for Listings with links to the specific policy pages that have examples, any exceptions, and a link that you can use to report a violation of that policy.   Listings must not misrepresent goods or services. Users cannot: Misrepresent the good or service location from which their good or service will be shipped. Include brand names or other inappropriate keywords in a description. This is known as keyword spamming. Have misleading titles or descriptions that do not accurately describe the good or service for sale.   Listings must promote a fair and level playing field, and provide an enjoyable and safe experience for buyers. Users cannot: Use certain types of HTML and JavaScript in good or service listings, Stores pages, About Me pages, or Want-It-Now ads. Promote giveaways, random drawings, raffles, prizes or bonuses. Create a listing that does not offer a good or service. Include third-party endorsements of CommodityPartner members. Include third party credits beyond what is acceptable. Create test listings. Use profanity in a listing.   Abusing CommodityPartner CommodityPartner and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. CommodityPartner's works to ensure that listed goods or services do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please send an email to info@CommodityPartner.com and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites 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 or accounts that have been inactive for a long time. Fees and Services Joining CommodityPartner, listing wanted or available goods and services, sending questions, messages, quotes to other users and performing any other available activity on our website is free. Advertisements Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by CommodityPartner on the Services are subject to change without specific notice to you. In consideration for Google granting you access to and use of the Services, you agree that CommodityPartner may place such advertising on the Services.   Content 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, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your CommodityPartner listings. You may not use catalog content in a way that infringes or violates any one's proprietary rights. Liability You will not hold CommodityPartner responsible for other users' content, actions or inactions, or goods or services they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. 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 goods or services advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell goods or services, the ability of buyers to pay for goods or services, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of goods or services from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of a good or service is transferred upon physical delivery of the good or service to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the good or service's lawful owner upon physical receipt of the good or service from the seller, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the sites 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 sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. CommodityPartner, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services.   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. Access and Interference The sites contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to CommodityPartner by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites 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 sites without the prior expressed written permission of CommodityPartner and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.   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 CommodityPartner 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 and choose not to receive certain communications by signing-in to your account. 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 CommodityPartner 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 to the email address info@CommodityPartner.com (in the case of CommodityPartner) or to the email address you provide to CommodityPartner 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 CommodityPartner, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CommodityPartner 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 by sending an email to info@CommodityPartner.com. 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 Belgium as they apply to agreements entered into and to be performed entirely within Belgium, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CommodityPartner must be resolved by a court located in Belgium, 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 Belgium 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 CommodityPartner 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, CommodityPartner may recover attorneys' fees and costs up to $1000, provided that CommodityPartner has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. 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. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services, Release, Content License, Liability, Indemnity, Advertisements and Resolution of Disputes.