USER AGREEMENT
ICEONSALE.COM, INC.
OFFERS YOU ACCESS TO OUR SERVICES PURSUANT TO THE FOLLOWING TERMS:
If you are registering as
a member of Iceonsale.com, please review the following User Agreement
and acknowledge that you understand and fully agree to all terms set forth
below.
The following User
Agreement sets forth the terms and conditions applicable to your use of our
services at Iceonsale.com. Completion of the registration process acknowledges
your acceptance of this User Agreement in its entirety and the Privacy policy. Iceonsale.com, Inc. reserves the
right to amend this User Agreement at any time by posting the amended
terms on our site. Except as stated below, all amended terms shall
automatically be effective 15 days after they are initially posted on our site.
This User Agreement shall be governed in all respects by the laws of the
State of Michigan as such laws are applied to agreements entered into and to be
performed entirely within Michigan between residents of Michigan. If you have
any questions regarding our services or this User Agreement, please do
not hesitate to contact us at support@Iceonsale.com.
Iceonsale.com,
Inc. (hereinafter "Iceonsale.com," "Iceonsale.com. " or
"Iceonsale.com Online Auction") 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.Iceonsale.com/registration/user_agreement.html
YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING ICEONSALE.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.
1. Membership
Eligibility
Our services are available only to individuals and businesses that can enter
into and form legally binding contracts under applicable law. Our services are
not available to minors (those under the age of 18 years old) or to members
temporarily or indefinitely suspended. Additionally, memberships are not
transferable. To register, you must
provide your real name, address phone number, e-mail address. Failure to do so violates this user
agreement.
2. Iceonsale.com is
Not an Auctioneer
It is important to realize that Iceonsale.com is not a traditional
“auctioneer”. Instead our site acts only as a venue that allows individuals and
businesses the opportunity to offer, sell or buy just about anything, at
anytime, from anywhere, in a variety of formats, including a fixed price format
and an auction style format commonly referred to as an “online auction”. Since
we are not involved in actual transactions between buyers and sellers, we have
no control over the quality, safety or the legality of the items advertised.
Also Iceonsale.com, Inc. does not offer any warranty or condition express or
implied to the accuracy of the listings, the ability of the sellers or buyers
to sell or buy items listed or that the seller or buyer will actually complete
the transaction. IT
IS THE SELLER'S RESPONSIBILITY TO ACCURATELY DESCRIBE THE ITEM FOR SALE OR
AUCTION. ICEONSALE.COM CANNOT ENSURE AND DOES NOT KNOW WHETHER (1) ANY
ICEONSALE.COM LISTING IS ACCURATE, COMPLETE, MISLEADING OR DECEPTIVE, (2) THE
ITEM(S) LISTED ARE SAFE, LEGAL OR OF ACCEPTABLE QUALITY, OR (3) THE SELLER AND
BUYER WILL PERFORM AS PROMISED. ACCORDINGLY, YOU SHOULD EXERCISE CARE IN
ENTERING INTO ANY AGREEMENT WITH ANOTHER PERSON IN ICEONSALE.COM. BUYERS AND
SELLERS USE THE ICEONSALE.COM SERVICES AT THEIR OWN RISK
3. Release
Since Iceonsale.com is not involved in the actual transaction between a buyer
and seller and in the event a dispute arises, with one or more of the users,
you shall release Iceonsale.com and (our officers, directors, agents,
subsidiaries, and employees) from all claims, demands and damages either actual
or consequential of every kind and nature, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any way connected
with such disputes.
4. Information Control
Please use caution and common sense when using our site. Iceonsale.com, Inc.
does not control any information provided by other users, which is made
available through our system. However, Iceonsale.com retains the right to
remove any and all information users provide in using our services, including
but not limited to data, images, communications or other information
transmitted to our site at any time and at our sole discretion. You may find
other user’s information to be offensive, harmful, inaccurate or deceptive.
Also there may be risks when dealing with minors, people acting under false
pretense and additional unknown risks when dealing in international trade or
with foreign nationals.
5. Fees and Services
There are no fees to join, browse or bid on Iceonsale.com. Our
Fees/Refund/Credit Policy and fees for additional services are available at Fees/Refund/Credit
Policy and are incorporated into this User Agreement by that
reference. Iceonsale.com reserves our right to modify our Fees/Refund/Credit
Policy and other service fees at our sole discretion. Changes to our pricing
policy become effective immediately from the initial posting to our site.
Iceonsale.com reserves our right to alter our pricing policy for promotional
events and such changes will be effective immediately upon posting to our site.
In the event we introduce a new service, the fees for that service will be
effective at the time that this service is offered. All fees for services on
Iceonsale.com are quoted in U.S. Dollars. You agree to pay all fees associated
with your use of Iceonsale.com services, including any applicable taxes.
6. Bidders and Buyers
You agree to register your true full name and valid e-mail address. Once your
bid is submitted and accepted by the seller, you are obligated to complete the
transaction unless the transaction is in violation of any law or this User
Agreement. Bids may be retractable when a seller purports to deception,
materially misrepresents the item for sale, materially changes the item’s
description, has made a clear typographical error, or you cannot authenticate
the seller’s identity. Without limiting any other remedies, Iceonsale.com may
suspend or terminate your privileges if we suspect that you have engaged in any
fraudulent activity in connection with our site.
7. Sellers
You agree to, register your true full name and valid e-mail address. List all
item(s) for auction in the appropriate category. Provide a complete description
of item(s) such as text, graphics, pictures, or other relevant content. Include
all terms and conditions of sale, including minimum bid. Complete the
transaction with the winning bidder at the close of the auction. Unless the
buyer fails to meet all conditions applicable to your listing, including method
of payment, terms of delivery or you cannot authenticate the buyer’s identity;
you are obligated to complete the transaction. Also you agree that you and
Iceonsale.com are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this User Agreement. Further you agree to pay all fees
incurred on your account(s) through a valid credit card or money order/bank
check payable in U.S. Dollars, in accordance with our current fee information
provided on our fee schedule. Without limiting any other remedies,
Iceonsale.com may suspend or terminate your privileges if we suspect that you
have engaged in any fraudulent activity in connection with our site.
8. Your Responsibility
You are responsible for the confidentiality of your user name and password. You
agree not to assign, transfer, sell or in any way convey your user name or
password to any other individual or entity. You are responsible for all charges
incurred on your account(s). You agree to use our services only for the
intended use of selling through our various online auction sites. You agree
that your information shall not be false, inaccurate or misleading. You shall
not offer for sale any counterfeit, stolen, obscene materials or items that may
contain child pornography. You agree that you shall not influence or manipulate
the price of any item for auction or interfere with other user’s listings or
auctions. You agree that you shall not engage in any fraudulent or other
illegal activity, or infringe on the intellectual property rights of others.
You agree that you will comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of our service
and your bidding on, listing, purchase, solicitation or offers to purchase and
sale of items. You agree that you will not use any device, software or other
computer programming routines that may damage, interfere or attempt to
interfere with or in any way disrupt the operations of our site or any activity
operating on our site.
9. Rating
Iceonsale.com provides a rating system that allows users to rate each
transaction to insure safe trading on our site. Your rating consists of
comments left by others that rate the integrity and credibility of your transaction(s).
You shall not in any way undermine the integrity of our rating system. You
agree that you shall not market, export or transfer your rating to any other
site that is not affiliated with Iceonsale.com. Since not all sites within our
community evaluate all transactions with the same integrity and since we do not
provide the technical capabilities that allow you to import your rating from
other sites the importation of a rating from other sites will not be allowed.
10. Privacy
Iceonsale.com has adopted a Privacy Statement to demonstrate our firm
commitment to the privacy of our members. You may use this link to view our Privacy Policy.
Be aware that the information that you disclose in the public forums through
the use of our services may be collected and used by others.
11. Limits of
Liability
Iceonsale.com or our suppliers shall not be liable for lost profits, any
special, incidental or consequential damages arising out of or in connection
with the use of our site, services or anything relative to this User
Agreement (however arising, including negligence). Our liability and the
liability of our suppliers, to you or to any third party in any circumstance is
limited to the greater of (a) the amount of fees you pay to us in the month
prior the action giving rise to a liability, or (b) $100. Some states do not
allow the limitation of liability, so therefore the foregoing may not apply to
you.
12. No Warranty
Please be aware and advised, Iceonsale.com provides its web site and services “AS
IS”, “WITH ALL FAULTS” and without any warranty or condition, express,
implied or statutory. Our suppliers and we specifically disclaim any and all
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 may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights that may vary
from state to state.
13. Indemnification
You agree to indemnify, defend and hold harmless Iceonsale.com, Inc. its
subsidiaries, affiliates, officers, directors, agents and employees from any
and all claims and/or demands, including reasonable attorneys’ fees, made by
any third party due to or arising from your breach of this User Agreement
or the documents it incorporates by reference, or by your violation of any law
or rights of a third party.
14. Trademarks
Iceonsale.com, Inc. retains all right, title, interest and privilege in and to
its trademarks, service marks and trade names worldwide (collectively the
“Marks”). You agree to only use the Iceonsale.com, Inc. Marks with the express
permission of Iceonsale.com, Inc. and then only in the manner authorized. Under
no circumstances may you alter, modify, or change the Iceonsale.com Marks.
15. Service Guaranty
Iceonsale.com does not guaranty continuous uninterrupted or secure access to
our site or services. The operation of Iceonsale.com’s site may be interfered
with by numerous intervening factors outside of Iceonsale.com’s control.
16. Severability
If any provision or clause of this User Agreement or application thereof
to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this User Agreement, which can be
given effect without the valid provision, or application, and to this end the
provisions of this User Agreement are declared to be severable.
17. Choice of Laws
This User Agreement shall be governed in all respects by the laws of the
State of Michigan as such laws are applied to agreements entered into and to be
performed entirely with in Michigan between residents of Michigan.
18. Waiver
Iceonsale.com’s failure to act with respect to a breach by you or by others
does not waive our right to act with respect to subsequent or similar breaches.
19. Disclosures
All inquires to Iceonsale.com, Inc. should be addressed to 465 N Garner Rd
Milford, MI 48380. All Michigan
residents may request to have this User Agreement e-mailed to them by sending a
letter to the above address with your e-mail address.