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Legal Notices
Terms and Conditions Privacy Policy Patents Pending
Terms and Conditions of Use Agreement
The following are terms of a legal agreement between you and FairMarket, Inc.
("FairMarket"). By accessing, browsing and/or using this site you acknowledge that you have
read, understood and agree to be bound by these terms and to comply with all applicable
laws and regulations. If you do not agree to these terms, do not use this site. This site may
contain other proprietary notices and copyright information, the terms of which must be
observed and followed. Information on this site may contain technical inaccuracies or
typographical errors.
Auctions can make your web site a destination spot and create a fun, dynamic trading
environment that is enticing to your customers and encourages them to return. FairMarket
hopes that you take advantage of the auction services we have to offer. Please read this
Agreement carefully and be aware that FairMarket may amend this Agreement at any time
without notice by posting the amended terms on this web site. Amendments shall become
effective thirty (30) days after the first day FairMarket posts the amendment on this web
site.
FairMarket acts solely as a provider of online auction technology platforms that are hosted
and maintained on our systems. Our customers are responsible for their own branded auction
sites; we have no control over the content, quality, safety, accuracy or legality of the
listings of products and services offered for sale or requested for purchase on these sites.
We are not responsible for any listing posted on our customers' auction sites and
consequently, we cannot ensure that a buyer or seller will complete any given transaction.
Please note that each auction site we host may have particular terms and conditions of use
and privacy policies that apply only to that particular auction site. We encourage you to
refer to those individual auction sites for rules and regulations that may apply.
FairMarket disclaims any and all warranties, express or implied, on products or services listed
on our customers' auction sites. If you have a dispute with buyers or sellers, you hereby
release FairMarket and our officers, directors, shareholders, agents, subsidiaries, affiliates, customers, supppliers, service providers
and employees
from all claims, demands, damages, including actual and consequential, of every kind and
nature whether known or unknown arising out of or relating to such disputes. If you are a
California resident, you waive California Civil Code Section 1542 which provides: "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."
WE PROVIDE THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE 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 which vary from state to state.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO OUR WEBSITE, OUR SERVICES
OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, shareholders, customers, suppliers, service providers, agents
and employees harmless from and against any claim or demand, including reasonable
attorneys fees, which may be due to any third party arising out of your breach of this
Agreement or your violation of any law or the rights of a third party.
FairMarket makes no representations whatsoever about any other web site which you may
access through this one. When you access a non-FairMarket web site, please understand
that it is independent from FairMarket, and that FairMarket has no control over the content
on that web site, even if FairMarket provides auction services to the owner of that site. In
addition, a link to a non-FairMarket web site does not mean that FairMarket endorses or
accepts any responsibility for the content, or the use, of such web site. It is up to you to
take precautions to ensure that whatever you select for your use is free of such items as
viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT SHALL
FAIRMARKET BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES FOR USE OF ANY HYPER LINKED WEB SITE, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER
DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The copyright in all material provided on this site is held by FairMarket or by the original
creator of the material. Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to, electronic, mechanical, photocopying,
recording or otherwise, without the prior written permission of FairMarket or the copyright
owner. Permission is granted to display, copy, distribute and download the materials on this
site for personal, non-commercial use only, provided that you do not modify the materials
and that you retain all copyright and other proprietary notices contained in the materials.
This permission terminates immediately if you breach this Agreement. You also may not
"mirror" any material contained on this site on any other server without FairMarket's express
written permission. Any unauthorized use of any material contained on this site may violate
copyright laws, trademark laws, the laws of privacy and publicity and/or communications
regulations and statutes.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this site
are registered and unregistered Trademarks of FairMarket. Other company, product, and
service names may be trademarks or service marks of others. Nothing on this site should be
construed as granting, by implication, estoppel or otherwise, any license or right to use any
Trademark displayed on the site, without the prior written permission of FairMarket.
FairMarket aggressively enforces its intellectual property rights to the fullest extent of the
law. The name FairMarket or any other Trademarks may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on this site, without prior
written permission from FairMarket. FairMarket prohibits use of FairMarket or any other
Trademark as part of a link to or from any site unless establishment of such a link is
approved in advance by FairMarket in writing. Fair use of FairMarket's Trademarks requires
proper acknowledgment.
The laws of the Commonwealth of Massachusetts govern this Agreement in all respects. Your
conduct may be subject to other state and federal laws. You expressly agree that exclusive
jurisdiction resides in the courts of the Commonwealth of Massachusetts. You further agree
and expressly consent to the exercise of personal jurisdiction in the Commonwealth of
Massachusetts in connection with any dispute or claim involving FairMarket. If any provision
of this Agreement is declared invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced.
This Agreement constitutes the entire agreement between you and FairMarket with respect
to the subject matter of this Agreement and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding that subject
matter. Any waiver of any provision of this Agreement will be effective only if in writing and
signed by FairMarket.
Privacy Policy
FairMarket takes user privacy very seriously because we know that your privacy on the web
is very important to you. That's why protecting your personal information is of the utmost
importance to FairMarket. You can visit this web site without telling us who you are or
providing us with any information. However, we may collect the domain names (not the
e-mail addresses) of all visitors to our site to measure the number of visits, pages visited and
average time spent on the site. We also collect the e-mail addresses of those who send us
e-mail messages, however, we will not share those addresses with any other company or
send unsolicited e-mail to any of the addresses we collect, except in very limited
circumstances as set forth below.
When you request information from FairMarket and supply information that personally
identifies you or allows us to contact you, you are agreeing to share that information with
FairMarket and its affiliates. When you supply us with your personal information (for example,
your name and e-mail address), we will let you know at the time of collection how we will
use this information. We may use information you have given us to, for example, inform you
about our services.
We may send you information about our services or other products and services we believe
may be of interest to you. If you would like to discontinue receiving such information simply
indicate this by replying to any FairMarket email.
FairMarket does aggregate personally identifiable information and may disclose such
information in aggregate to advertisers and for other marketing and promotional purposes.
However, in these situations, we do not disclose to these entities any information that could
be used to personally identify you.
We may disclose personal information if required to do so by law or in the good faith belief
that such action is necessary to (1) comply with law or comply with legal process served
upon us or our affiliates, (2) protect and defend our rights or property or those of our users
or (3) protect the personal safety of our users or the public.
FairMarket wants to keep your personal information accurate. FairMarket allows you to
correct or change personal identifiable information collected by us by replying to any
FairMarket email.
Patents Pending
FairMarket is committed to an aggressive patent strategy. The company's innovative team
has pioneered new ways of conducting online sales transactions, and has developed a
number of fundamental technological innovations to support and enhance them. Patent
applications on a broad range of these advances are already on file, and FairMarket is
committed to continue building a strong patent portfolio in all areas of its business.
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