eVendor Terms of Service
1. ACCEPTANCE OF TERMS
eVendor LLC ("eVendor") provides its service to you subject to the following Terms of Service ("Terms"), which may be updated by us from time to time without notice to you. You can review the current version of the Terms at any time at http://www.evendor.com/tos.html. By using any of eVendor's services you accept the Terms.
You understand and agree that the Service is provided "AS-IS" and that eVendor assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing eVendor's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify eVendor of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. eVendor cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
3. INDEMNITY
You agree to indemnify and hold eVendor and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
4. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your eVendor username), use of the Service, or access to the Service.
5. MODIFICATIONS TO SERVICE
eVendor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of its services with or without notice. You agree that eVendor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services it offers.
6. TERMINATION
You agree that eVendor may, for any reason and without prior notice, immediately terminate your eVendor account and access to the services eVendor offers. Termination of your eVendor account includes (a) removal of access to all eVendor services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and © barring of further use of the Service. Further, you agree that all terminations for cause shall be made in eVendor's sole discretion and that eVendor shall not be liable to you or any third party for any termination of your account or access to its services.
7. LINKS
eVendor may provide, or third parties may provide, links to other World Wide Web sites or resources. Because eVendor has no control over such sites and resources, you acknowledge and agree that eVendor is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that eVendor 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
8. eVendor'S PROPRIETARY RIGHTS
eVendor grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by eVendor for use in accessing the Service.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICEs PROVIDED BY EVENDOR IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVENDOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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. 2. EVENDOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENDOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVENDOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF eVendor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
12. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms, there shall be no third-party beneficiaries to this agreement.
13. NOTICE
eVendor may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
14. LICENSE
Registered users of eVendor.com are granted a temporary license to use our templates, images, and flash widgets for their running auctions provided that no portion of the HTML or source code is changed to remove links back to eVendor.com. You agree that you will not duplicate, alter or change in any way the source provided to you by eVendor without prior written permission.
eVendor's templates may be used for personal or business-related web sites but may not be put on a diskette, a CD, a web site, or any other medium and offered for redistribution or resale.
eVendor may revoke this license at any time, for any reason.
If any links are removed from the templates, images, or flash widgets that you obtain from eVendor, the use of these items may be disabled on your live and expired auctions. You indemnify eVendor for any losses you occur from loss of sales due to broken images as a result of altering your source code or violating these TOS.
