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Terms of Service

PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. Welcome to Fleamart.com's online marketplace (the "Site"). Any person who wishes to access the Site to buy or bid for goods or to use the other services provided on the Site (collectively, the "Services") must accept the terms and conditions of this User Agreement, without change. Fleamart.com, Inc. (hereinafter "Fleamart.com" or "Fleamart") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at http://www.Fleamart.com/agreement YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING FLEAMART.COM'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to Fleamart.com that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for conducting and participating in transactions on the Site, which are contained in the Help Pages and are incorporated by reference into, and made part of, this Agreement. The policies, procedures and guidelines contained in the Help Pages explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by Fleamart.com in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to the Help Pages to understand the current procedures and guidelines related to the Site. Fleamart.com is not an Auctioneer. Although Fleamart.com is commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow certain persons sell and buy certain products at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." Fleamart.com's Role and Responsibilities. Fleamart.com features two types of marketplaces, and Fleamart.com's role and responsibilities vary in each such marketplace. Fleamart.com Direct Marketplace. Fleamart.com itself is the seller of the products offered in Fleamart.com Direct Marketplace. Fleamart.com undertakes responsibility for all aspects of the transaction and the product listing, including product descriptions, identification of quantities, establishment of starting and maximum bid prices, establishment of reserve requirements (if any) and shipping. Fleamart.com Certified Merchant Marketplace. Fleamart.com Certified Merchants are Fleamart.com approved third-party merchants who sell products on the Site. In this program, the Certified Merchant is the seller of the product. To ensure Fleamart.com buyers the ability to shop in a private and secure environment, every Fleamart.com Certified Merchant must go through a thorough application process including verification of bank and trade references before they are approved to list products on the Site. Fleamart.com Certified Merchants are established businesses (both small and large) whose performances are monitored to ensure that buyers receive the appropriate Fleamart.com service levels. These Certified Merchants list their items directly and assume responsibility for all aspects of their product listings including product descriptions, identification of quantities, establishment of starting and maximum bid prices, and shipping. Although Fleamart.com does not own, warehouse, ship or otherwise manage any inventory or goods offered by Fleamart.com Certified Merchants, those merchants who do not meet Fleamart.com's service standards can and will be removed from listing products on the site. Fleamart.com handles all payment processing for orders from these merchants and Fleamart.com's Customer Care department provides assistance for all issues to ensure a positive Fleamart.com experience. Fleamart.com Payments. Fleamart.com currently accepts credit card/debit card payments for orders in the Fleamart.com Direct Marketplace and the Fleamart.com Certified Merchant Marketplace. Fleamart.com honors Visa, MasterCard, Discover and American Express. You warrant that any payment method selected by you when placing a bid shall enable you to make full and immediate payment for the item(s) chosen, if your bid becomes the winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, Fleamart.com may in it sole and absolute discretion cancel your bid. In such case, Fleamart.com may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At Fleamart.com's sole discretion, but without any obligation, alternate payment methods may be arranged with the product purchaser(s) in the case where a payment method has been declined. Fleamart.com Reservation of Rights. Fleamart.com retains the right, but does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Fleamart.com, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site. Your Transactions and Obligations. Bidders and buyers create different obligations by accessing the Site and using the Services. In the Certified Merchant Marketplace, the seller must sell the product to the highest bidder that meets or exceeds the minimum price. Similarly, if a Certified Merchant offers to sell an item the seller must sell the item to any buyer who elects to purchase the item. For bidders, a bid or buy offer ielection is a legal offer to buy the product. Once the transaction closes, both the buyer and seller are obligated to complete the transaction. Each transaction in the Fleamart.com Direct Marketplace will indicate whether a reserve price has been established. If you are the highest bidder (meeting the applicable minimum bid or reserve requirements) or if you elect to purchase the item your bid or buy election, as the case may be, is a legal offer to buy the product and you are obligated to complete the transaction. Bids and purchases are not retractable. By entering into this Agreement and bidding on a product or making a buy purchase, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable. If an item purchased in the Fleamart.com. In the Certified Merchant Marketplace, you agree that it is the seller's and the buyer's responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that Fleamart.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction. Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password. Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary of or is licensed to Fleamart.com. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Illegal Activity Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Fleamart.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on Fleamart.com or the bid price of any product listed on the Site, or influencing user behavior on Fleamart.com. Breach. Without limiting other remedies, Fleamart.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if Fleamart.com or any Certified Merchant is unable to verify or authenticate any information you provide to Fleamart.com; or (c) if Fleamart.com believes that your actions may cause legal liability for you, other Fleamart.com users or Fleamart.com. Privacy, Monitoring and Disclosure. Fleamart.com is committed to protecting your privacy. Click here http://www.Fleamart.com/privacy.htm for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Fleamart.com may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by Fleamart.com except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy. Investigation. As permitted by applicable law and consistent with our privacy policy, Fleamart.com has the right, but not the obligation, to monitor any activity and content associated with this Site. Fleamart.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. Fleamart.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. Disclosure of Information. As permitted by applicable law, Fleamart.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Fleamart.com's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Fleamart.com's business and systems or other purposes deemed reasonable by Fleamart.com, Fleamart.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. FLEAMART.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT CERTIFIED MERCHANTS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF FLEAMART.COM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLEAMART.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM FLEAMART.COM OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. General Release. BECAUSE FLEAMART.COM IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND CERTIFIED MERCHANTS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE FLEAMART.COM (AND ITS AFFILIATES, AGENTS 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. 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." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY FLEAMART.COM. Limitation of Liability. FLEAMART.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FLEAMART.COM AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT. Applicable Law. The laws of the State of Pennsylvania govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR 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. THE ARBITRATION SHALL BE CONDUCTED IN CHICAGO, NEVADA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR FLEAMART.COM MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN CHICAGO, NEVADA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR FLEAMART.COM PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. Certified Merchant Disputes. Because Fleamart.com is not the seller in the actual transaction between Certified Merchants and buyers and is not the agent of either for any purpose, Fleamart.com does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction. Licenses. Fleamart.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever. Termination. Fleamart.com, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason. Copyright. If you believe that you have been defamed in some manner by the Fleamart.com Web site or your own work has been copied in a way that constitutes copyright infringement, please provide Fleamart.com's Copyright Agent the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the Fleamart.com Web site; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf. General Provision Entire Agreement. This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the Help Pages, Privacy Policy and Legal Pages, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof. No Agency; Third-Party Beneficiary. Fleamart.com is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Fleamart.com, its Certified Merchants and you. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. No Waiver. Fleamart.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Fleamart.com's right to subsequently enforce such provision or any other provisions of this Agreement.

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