Terms of Service

Welcome to Uvend Garage Sale auction n'Store terms and Conditions of service. THE FOLLOWING DESCRIBES THE TERMS ON WHICH UVEND OFFERS YOU ACCESS TO OUR SERVICES. This Agreement describes the terms and conditions applicable to your use of our Uvend services with regards to any auction and store selling and buying transactions initiated through our site. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Uvend This agreement becomes in effect when you click on " I Agree" Button below which will allow our members to post their item for sale and our shoppers to register as a bidder. 1. Seller Our selling services are available only to CompUSnet Solutions active members and will become disabled when a member is deactivated for service non-payment and/or upon canceling CompUSnet membership. Participating members must be individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Uvend members. If you do not qualify, please do not use our services. Further, your Uvend account and User Id may not be transferred or sold to another party. You must be legally able to sell the item(s) you list for sale on Uvend. You must describe your item and all terms of sale. Listing categories must reflect the nature of the item very closely. Attempt to list an item in a non-related category will result in a violation to our terms and will require to be corrected immediately as it is considered fraud (see our fraud terms below). 2. Registered Users - Buyers 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 or to temporarily or indefinitely suspended Uvend members. If you do not qualify, please do not use our services. Further, your Uvend account and User Id may not be transferred or sold to another party. 3. Uvend Auctions. Our auction acts as a mean to allow our members to offer and sell any item, and to allow anyone to buy just about anything, at anytime, from anywhere, in a variety of formats, including a store purchase format and an auction-style format commonly referred to as an "online auction". Although, we are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. However, we reserve the right to disallow members from listing any item any further after we have received 3 complaints in a row and the member has not made the necessary efforts to correct a problem to our satisfaction and to our registered users satisfaction. 4. Trading. Although CompUSnet members can list items only, Uvend can only affirm seller identity as being a member. On the other hand, members are barred from using our auction services when complaints are received from registered users and are not dealt with immediately. The purpose is to provide our users with a minimal confidence in the quality of trading. We also encourage you to communicate directly with our members to establish a direct relation as potential trading partners. 5. Control. We do not control the content that is provided by users since this content is made available through our system. You may find user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when transacting on Uvend. The risks of dealing with underage persons or false identity people or any kind of people exists and it is your responsibility to be alert. 6. Transacting. You are obligated to complete the transaction with the seller if you purchase an item through our uvend store or are the highest bidder as described below. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the item is not binding by nature such as selling Real Estate (e.g., homes, real property, time shares), Businesses (e.g., stock sale of businesses), such category and similar in scope will not be binding. Also not binding would be any transaction that is prohibited by law or by this Agreement. By bidding 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. Bids are not retractable except in exceptional circumstances: 1. the seller materially changes the item's description after you bid 2. a clear typographical error is made 3. you cannot authenticate the seller's identity If you choose to bid on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items. On the other hand, except for non-binding items, if you receive at least one bid at or above your stated minimum price, or your reserve price has at least been met, you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: 4. the buyer fails to meet the terms of your listing 5. you cannot authenticate the buyer's identity. 7. Fraud. Without limiting any other remedies, Uvend may suspend or terminate your right to list and sell items on our auction/store site account if we suspect that you have engaged in fraudulent activity in connection with Uvend site. In case of fraud by a registered user, the user account will be suspended and maybe terminated if proper corrective actions to remedy the situation is not taken immediately. Furthermore price manipulation is considered fraud and is dealt with the same way.. Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions. 8. Copyrights. Rights Owner can report listed items that do infringe upon the copyright, trademark or other rights of third parties, and can have them removed. Although, as per our privacy policy, personal information of member listing the item(s) will be kept confidential unless required by law. 9. Users Information. You are solely responsible for any information you provide to us as a CompUSnet member or as a registered users. We act as a simple vehicle for your online transaction. Although, your Information must abide by certain rules; that is, your information 1. shall not be false, inaccurate or misleading 2. shall not be fraudulent or involve the sale of counterfeit or stolen items 3. shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy 4. shall not violate any law, statute, ordinance or regulation 5. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing 6. shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content 7. shall not 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 8. shall not create liability for us or cause us to lose (in whole or in part) the services of our suppliers Furthermore, you may not list and sell any item on Uvend site that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our online transactions rules outlined in this Agreement. 10. License to Information. All Uvend users, that provide their information online, grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights you have in the information provided, in any type or form. Although, our usage to your Information is limited as per our Privacy Policy. 11. Fees. Joining and bidding on items at Uvend is free. Listing and selling items by CompUSnet members is free as well for personal use. Business accounts members may incur additional monthly membership fee in order to list their items with Uvend. We may incorporate fees or change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes as part of this Agreement. When using PayMeans online transaction payment, fees will be incurred and members using this service may get detailed information upon signing with PayMeans. 12. Breach of Agreement. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: 1. if you breach this Agreement or the documents it incorporates by reference 2. if we are unable to verify or authenticate any information you provide to us 3. if we believe that your actions may cause legal liability for you, our users or us. 13. Privacy. We have instantiated privacy rules to make sure that your rights are preserved and that your privacy is not tempered with. Our policy on privacy is held to high standards and is available (at http://www.Uvend.com/htm/privacy.htm). 14. No Warranty. WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE 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. 15. Liability Limit. We are not part of the transaction that take place between our online buyers and sellers and therefore in the event that you have a dispute with one or more members, you release Uvend and our officers, directors, agents, subsidiaries 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. You diligently waive any civil code that pertains or overcome this limitation such as California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You can submit a complaint through our complaint page (http://www.uvend.com/htm/complaint.htm). Uvend will directly report the complaint to our member asking for a reasonable explanation and requesting that proper remedies be taken immediately to resolve that complaint. Furthermore, three complaints in a row to the same member will result in barring the member from further using our services. Although Uvend takes pride in helping to solve users misfortunes, Uvend cannot guarantee that problems will never occur from using our auction site and therefore, understanding the release in this paragraph is crucial and will prevail in any dispute that may arise. IN NO EVENT SHALL WE 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 SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE SMALLER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 16. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party. 17. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service, your bidding, listing, purchase, solicitation of offers to purchase, and sale of items. 18. No Agency. You and Uvend are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 19. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Uvend: Legal Department PO Box 2628 Montgomery Village, MD 20886 or to the email address you provide to Uvend 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 Uvend during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 20. Additional Terms. The following documents are incorporated by reference: 1. Our Privacy Policy is available at http://www.Uvend.com/ebusiness/terms/privacy.htm 2. Our Complaint submission form at http://www.uvend.com/ebusiness/terms/complaint.htm 3. Outage Policy at http://www.uvend.com/ebusiness/terms/outage.htm We may change any of our Policies from time to time and our changes become effective thirty (30) days after we have entered the change in the pages above. 21. General. This Agreement shall be governed in all respects by the laws of the State of Maryland as such laws are applied to agreements entered into. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Uvend, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof, with respect to fees, (Release, Licensing, Liability Limit, Indemnity and Arbitration and any other conditions within this Agreement and shall survive any termination or expiration of this Agreement.

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