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IMPORTANT:
BY SUBMITTING ANY CONTENT TO eFinancialMall AND/OR ACCESSING ANY PART OF THE
eFinancialMall SERVICE (THE "SERVICE") YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, PLEASE STOP ALL USE OF THE SERVICE. IF YOU ARE DEEMED TO HAVE ORDERED THE SERVICE,
eFinzncialMall's ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY
eFinancialMall, ACCEPTANCE IS EXPRESSLY LIMITED TO Our site acts as an
online marketplace for you to find and transact with other users showing
products or services on the Service or otherwise associated with the
Service. You may provide or post content on the Service or view content
posted by others on the Service; Although, eFinancialMall may create and
post content provided by our partners, eFinancialMall does not monitor such
content. You may act as a merchant or a prospective buyer and may enter into
correspondence with, participate in promotions by, and/or conduct
transactions with other users. Any such content, correspondence, promotion,
or transaction, including the delivery of all goods and services, and any
other terms, conditions, warranties or representations associated with the
foregoing, are solely between you and such other user. eFinancialMall and any of
eFinancial's Co-branded Partners, Licensees and Affiliates (collectively "eFinancialMall
Partners") assume no liability, obligation or responsibility in connection
with any of the foregoing. In the event that you have a dispute with any
merchant, user or third party, you release eFinancialMall (and our agents
and employees) and eFinancialMall Partners 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 dispute. If you are a California resident, you waive 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." Transactions between buyers and sellers may be completed through one of several methods depending upon the seller and
eFinancialMall's site design: Transaction Processing by the Seller. For
certain transactions users will either be directed to the seller's website
for transaction processing or will be provided information to contact the
seller outside the eFinancialMall site in order to complete a transaction.
eFinancialMall will not collect any credit card information from the buyer
for such transactions and will collect any required fees directly from the
seller. Third Party Transaction Processing. In other cases users may be
referred to a third party such as an escrow service for transaction
processing. The terms of service for any such services will be established
by the third party. LINKS. Ka2ertrading and eFinancialMall Partners may
provide links to other websites or resources. You acknowledge and agree that
eFinancialMall and eFinancialMall Partners are not responsible for the
availability of such external sites or resources, and do not endorse and are
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You agree that
eFinancialMall and eFinancialMall Partners shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with the use of or reliance on any such
content, goods or services available on such external sites or resources.
LICENSE. (a) Grant of License. You hereby grant to Ka2etrading, on all
media, whether now known or hereinafter devised, a non-exclusive, worldwide,
assignable, royalty-free license to: display, publish, use, reproduce,
reformat, compile, archive, distribute, and transmit all materials provided
by you to eFinancialMall that are not clearly marked as confidential
("Content") and display your name, trademarks and service marks (as used in
connection with the Content provided hereunder). eFinancialMall has no
obligation to post any Content, may remove Content, and may change or
discontinue its website at any time in its sole discretion. eFinancialMall shall have no obligation to monitor any Content submitted by you or third parties in connection with
eFinancialMall's website. eFinancialMall retrieves content in accordance
with our pre-existing agreements between eFinancialMall and our third party
affiliates. As the sole consideration for the license and rights granted to
eFinancialMall under this Service Agreement, eFinancialMall will consider posting such Content on
eFinancialMall's website. (b) Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to the Content, and represent and warrant that the Content and the license granted herein (i)
is factually accurate; (ii) does not violate your or any third party's
intellectual property rights; (iii) does not contain information which is
obscene or defames, libels or otherwise injures or interferes with the
privacy of any third party; and (iv) does not require the payment of any
kind by eFinancialMall to any third party. YOU ARE RESPONSIBLE FOR YOUR
CONDUCT. You certify to eFinancialMall that you are at least 18 years of
age. You take full responsibility for the use of the Services by any minors.
Your use of the Service is subject to all applicable local, state, national
and international laws and regulations. Your conduct is subject to Internet
regulations, policies and procedures. You are solely responsible for the
contents of your transmissions through and products you sell in connection
with the Service. You acknowledge and agree that eFinancialMall neither
endorses the actions of any user nor the contents of any user communications
nor the products of any merchant. You shall not: (a) use the Services for
any illegal purposes or for the transmission of any material that is
unlawful, harassing, libelous, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable,
or that infringes or may infringe the intellectual property or other rights
of another, including the sale of pornography, living creatures and parts of
endangered species, stocks and other securities, drugs and drug
paraphernalia, human body parts and remains; (b) directly or indirectly
interfere or attempt to interfere with the proper working of the
eFinancialMall site, any account, or any communication or transaction being conducted on our site; (c) 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; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except
eFinancialMall) any information you obtain about or from other users of the
Service, or you obtain from eFinancialMall if such information is marked
confidential, for any purpose except fulfillment of orders initiated by such
user or negotiating prices with such user, (f) conduct fraud, hide or
attempt to hide your identity, represent yourself as someone else, or
manipulate or attempt to manipulate prices, compromise or attempt to
compromise the security of any account, interfere or attempt to interfere
with the proper working of the Service, or (g) send any unsolicited email or
advertising to any known user. You shall be responsible for obtaining and
maintaining any equipment and ancillary services needed to connect to,
access or otherwise use the Services, including, without limitation, modems,
hardware, software, and long distance and local telephone service. You shall
be responsible for ensuring that such equipment and ancillary services are
compatible with the Services. You shall complete all transactions you agree
to complete in connection with the Service. You shall forward all feedback
you receive regarding the service to eFinancialMall. In your capacity as a
merchant, if applicable, and in transactions when eFinancialMall is not collecting payment on your behalf, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries. You shall abide by all of the then current terms of
eFinancialMall's privacy policy (as set forth on the Service and as updated
from time to time by eFinancialMall in it's sole discretion and upon notice to Merchant) except to the extent any term in such privacy policy expressly conflicts with the buyer privacy protections set forth herein. You agree to indemnify and hold
eFinancialMall, its parents, subsidiaries, affiliates, officers and
employees, and eFinancialMall Partners harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service, the violation of this Service
Agreement by you, or the infringement by you, or other user of the Service
using your computer, of any intellectual property or other right of any
person or entity. Even though prohibited, people may provide information
that is offensive, false, harmful, or deceptive. eFinancialMall and
eFinancialMall Partners do not assume any responsibility whatsoever for such content or actions.
PRIVACY POLICY.
Please see eFinancialMall's current privacy policy, available at http://www.eFinancailMall.com
and incorporated by reference into this Service Agreement. If at any time
you believe that eFinancialMall has not adhered to these privacy guidelines,
please notify eFinancialMall by e-mail at feedbk@eFinancialMall.com and
eFinancialMall will use commercially reasonable efforts to identify the
problem and remedy the situation for the future. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" BASIS. eFinancialMall AND eFinancialMall
Partners EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, eFinancialMall AND eFinancailMall
Partners MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DO eFinancialMall OR eFinancialMall Partners MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO
CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ALSO UNDERSTAND AND
AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
eFinancialMall AND eFinancialMall Partners MAKE NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR
ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER USERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
eFinancialMall OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. eFinancialMall AND eFinancialMall Partners SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY
GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
eFinancialMall OR eFinancialMall Partners HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TERMINATION. eFinancialMall may
terminate the Service with or without cause at any time and effective
immediately. Termination shall be accompanied by a written notice to the
other party. eFinancialMall and eFinancialMall Partners shall not be liable
to you or any third party for termination of Service. GENERAL. This Service
Agreement comprises the entire agreement between you and eFinancialMall and
supersedes all prior agreements between the parties regarding the subject
matter contained herein. eFinancialMall reserves the right to modify or
discontinue the Service with or without notice to you. eFinancialMall may
change the terms and conditions of this Service Agreement from time to time.
If you continue to use Services after such amendments become effective, you
will be deemed to have agreed to be bound by the changes. If you do not
agree to the new or different terms, then you agree not to use the Services.
Your continued use of the Service constitutes an affirmative: (1)
acknowledgment by you of this Service Agreement and its modifications; and
(2) agreement by you to abide and be bound by this Service Agreement and its
modifications. Except as set forth below, all notices to eFinancialMall must be made in writing via conventional mail or email addressed to
adim@eFinancialmall.com.com. If you believe that any content posted on
eFinancialMall's website infringes any of your intellectual property rights
or the intellectual property rights of any third party, you shall promptly
provide the following notice in writing to eFinancialMall to feedbk(at)eFinancialMall.com:
(a) a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; (b)
identification of the copyright work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site; (c)
identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to
locate the material; (d) information reasonably sufficient to permit us to
contact the complaining party; (e) a statement that the complaining party
has a good-faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent or the law; and (f) a
statement that the information in the notification is accurate, and under
penalty of perjury that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
eFinancialMall may change this address at any time by posting a notice to
its website. This Service Agreement shall be governed by and construed in
accordance with the laws of the State of California (without regard to
conflict of laws provisions thereof). In the event of a dispute, you and
eFinancialMall agree to submit to binding arbitration in California in accordance with the rules of the American Arbitration Association. If any provision(s) of this Service Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
eFinancialMall's failure to exercise or enforce any right or provision of
this Service Agreement shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by eFinancailMall in writing. The section titles in this Service Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
BASIS OF BARGAIN.
EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
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