EjectIT.com - User Agreement

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EjectIT.com User Agreement

THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS ON WHICH EjectIT OFFERS YOU ACCESS TO OUR SERVICES.

This Agreement describes the terms and conditions applicable to your use of our services available under the domain of www.EjectIT.com. EjectIT.com (“EjectIT”) reserves the right to modify or revise the User Agreement (“Agreement”) or its other policies at any time at its sole discretion. Any such modifications shall be effective within fifteen (15) days of being posted on the site. Your continued use of the site following EjectIT’s posting of any changes or modifications to the Agreement will constitute your acceptance of such changes or modifications. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. This Agreement is effective on October 1, 2006, for all users.

Membership Eligibility.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. However, if you are a minor, you can use this service only in conjunction with your parents or guardians. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services.
Joining and bidding on items at EjectIT is free. When you bid on an item, you have an opportunity to review and accept the total bid price, including shipping costs, that you will be charged for the purchase of the item. 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 our website and all applicable taxes.
Content.
Our site acts as a venue to allow anyone to offer to buy products from third-party vendors. We are not involved in the actual transaction between buyers and sellers, and do not sell, resell, or license any of the products on the site. As such, EjectIT disclaims any responsibility for, or liability related to, such products. We cannot guarantee that a buyer or seller will actually complete a transaction. We also encourage you to communicate directly with potential trading partners through the tools available on our site. Because we are a venue, in the event that you have a dispute with one or more users, you release EjectIT (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.
Posting and Buying.
As a buyer, you are obligated to complete the transaction with the seller:
a. If you purchase an item through one of our fixed price formats; or
b. If you receive pricing on a posted item that matches or beats your named price; or
c. If you accept the winning bid at the end of an auction, unless the transaction is
prohibited by law or by this Agreement.
By accepting the winning bid from our vendors on an item you agree to be 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. Acceptances are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; or when you cannot authenticate the seller's identity.
Your Information.
"Your Information" is defined as any information you provide to us, our vendors, or other users in the registration, bidding or listing process, in any public message area, or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Your Information and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve illegal activities; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Solely to enable EjectIT to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. EjectIT will only use Your Information in accordance with our Privacy Policy.
Access and Interference.
Through acceptance of this Agreement, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to EjectIT by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of EjectIT or the appropriate third party.
Breach.
Without limiting other remedies, we may 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: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, EjectIT, our vendors, or other users.
Privacy.
We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. However, in order to provide you with requested services, EjectIT may require that you first provide certain personal information, which we determine is reasonably necessary in order for us to fulfill your request. If you indicate an interest in participating in the use of our services, we will identify what specific personal information you must provide prior to collecting such information. Any personal information collected from you will only be used for the purposes identified in this Agreement. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. If you object to your Information being transferred or used in this way please do not use our services.
No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS 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, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity.
You agree to defend, indemnify and hold EjectIT, its subsidiaries, affiliates, co-brand partners or other partners, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the site or your breach of the Agreement.
Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, purchase, and solicitation of offers to purchase.
No Agency.
You and EjectIT are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to EjectIT Attn: Legal Department PO BOX 532181, Henderson, NV 89053-1281 (in the case of EjectIT) or to the email address you provide to EjectIT 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 notice by certified mail, postage prepaid and return receipt requested, to the address provided to EjectIT during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by EjectIT to recover damages for, or obtain an injunction relating to, the EjectIT site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Disputes between you and EjectIT regarding our services may be reported to Customer Support by going to: Contact Us.