BuySellDirect Terms of Use Agreement
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BuySellDirect.net Seller Terms of Use Agreement
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This Terms of Use Agreement (the "Agreement") describes the terms and conditions
applicable to your use of the BuySellDirect.net web site which is identified by
the uniform resource locator www.BuySellDirect.net (the"Site"). This Agreement
is entered into between you as the User (buyer and/or Seller) of the Site
(the" User") and BuySellDirect.net ("BuySellDirect.net").
1, Application and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site
for whatever purpose, regardless of whether said User has registered with
BuySellDirect.net as a registered User or whether said User is unregistered
user. A User includes the person using this Site and any legal entity which may
be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and
conditions set forth in this Agreement as a User. You shall be bound by the
terms and conditions of this Agreement with respect to your access or use of
this Site and any further upgrade, modification, addition or change to this
Site. If you do not accept all of the terms and conditions of this Agreement,
please do not use this Site.
1.3 This Agreement applies to each Service (as defined below) in addition to any
terms and conditions that may be applicable to such specific Service provided,
however, that (a) in the event of any conflict or inconsistency between any
provision of the terms and conditions that may be applicable to such Service and
any provision of this Agreement, such conflict or inconsistency shall (except as
otherwise expressly provided or agreed) be resolved in a manner favourable to
BuySellDirect.net and/or its affiliates; and (b) only to the extent that such
conflict or inconsistency cannot be so resolved, the provisions of the terms and
conditions applicable to such specific Service shall prevail.
1.4 BuySellDirect.net may amend this Agreement at any time by posting the
amended and restated Agreement on the Site. The amended and restated Agreement
shall be effective immediately upon posting. This Agreement was last amended on
September 20, 2008. Posting by BuySellDirect.net of the amended and restated
Agreement and your continued use of the Site shall be deemed to be acceptance of
the amended terms. This Agreement may not otherwise be modified, except in
writing by an authorized officer of BuySellDirect.net.
2. Services.
2.1. We are International Exhibition for original Sellers (a person or a
producer ) and manufacturers displaying thousands of products for sale one of
the biggest markets in the world today. We give each Seller (Manufacturer,
producer and original owner of a product or service) a FREE advance e-commerce
website to sell their product DIRECT to buyers (consumers and B2B) to help them
eliminate the meddle man and save their money. We are PD2C (Seller Direct to
Consumers) and/or PD2B (Seller Direct to Business). Our service is FREE to
buyers and sellers. We make our profit from seller advertising with us.
2.2. Access to the Site and certain of its features are provided to all Users
free of charge. However, BuySellDirect.net reserves the right, without prior
notice, to restrict access to certain areas or features of the Site ("Services")
to Users.
2.3 BuySellDirect.net reserves the right to deny Services to any User for
whatever reason in order to protect the interests of BuySellDirect.net.
3. Users Generally.
3.1 Users may use this Site solely for their own personal or internal purposes.
Each User agrees that it shall not copy, reproduce or download any information,
text, images, video clips, directories, files, databases or listings available
on or through the Site (the "BuySellDirect.net Content") for the purpose of
re-selling or re-distributing the BuySellDirect.net Content, mass mailing (via
emails, wireless text messages, physical mail or otherwise), operating a
business that competes with BuySellDirect.net, or otherwise commercially
exploiting the BuySellDirect.net Content. Systematic retrieval of
BuySellDirect.net Content from this Site to create or compile, directly or
indirectly, a collection, compilation, database or directory (whether through
robots, spiders, automatic devices or manual processes) without written
permission from BuySellDirect.net is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in this Agreement is
prohibited.
3.2 Some of the BuySellDirect.net Content displayed on this Site is provided or
posted by Sellers and third parties ("Third Party Content"). BuySellDirect.net
is not the author of Sellers or Third-Party Content, whether contributed by
anonymous users or paid content Sellers. Any Seller or Third Party Content
is the sole responsibility of the party who provided the content.
BuySellDirect.net is not responsible for the accuracy, propriety, lawfulness or
truthfulness of any Seller or Third Party Content, and shall not be liable to
any User in connection with such User's reliance of such Seller or Third Party
Content. In addition, BuySellDirect.net is not responsible for the conduct of
any User's activities on the Site, and shall not be liable to any person in
connection with any damage suffered by any person as a result of such User's
conduct.
3.3 BuySellDirect.net may allow Users access to content, products or services
offered by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to such Third Party's web site. You are cautioned to read
such sites' terms and conditions and/or privacy policies before using such sites
in order to be aware of the terms and conditions of your use of such sites. User
acknowledges that BuySellDirect.net has no control over such third party's web
site, does not monitor such sites, and BuySellDirect.net shall not be
responsible or liable to anyone for such web site, or any content, products or
services made available on such a website.
3.4 Messages or information sent by a User through communication systems
provided by the Site, or through emails, fax or letters to addressees obtained
from the Site, shall not contain any of the materials described in the
provisions of Section 5.5 below.
3.5 BuySellDirect.net reserves the right to limit, deny or create different
access to the Site and its features with respect to different Users, or to
change any of the features or introduce new features without prior notice. Each
User acknowledges that inability to use the Site wholly or partially for
whatever reason may have adverse effects on its business. Each User hereby
agrees that in no event shall BuySellDirect.net be liable to the User or any
third parties for any inability to use the Site (whether due to disruption,
limited access, changes to or termination of any features on the Site or
otherwise), any delays, inaccuracies, errors or omissions with respect to any
communications or transmission, or any damage (direct, indirect, consequential
or otherwise) arising from the use of or inability to use the Site or any of its
features.
3.6 No User shall undertake any scheme to undermine the integrity of the
computer systems or networks used by BuySellDirect.net and/or any other User and
no User shall attempt to gain unauthorized access to such computer systems or
networks.
3.7 We urge that you read BuySellDirect.net's Privacy Policy which governs the
protection and use of each User's information in BuySellDirect.net's possession.
Each User hereby accepts the Privacy Policy and any updates and amendments
thereto. Each User acknowledges that BuySellDirect.net may change the Privacy
Policy from time to time provided that BuySellDirect.net shall make available
the updated version of the Privacy Policy on the Site at all times. Your
continuation of use of the Site shall be deemed to be your acceptance of the
Privacy Policy which is then displayed on the Site at the time of such use.
3.8 As a condition of your access to and use of BuySellDirect.net, you agree
that you will not use the BuySellDirect.net service to infringe the intellectual
property rights or other legitimate rights of others in any way.
BuySellDirect.net will in appropriate circumstances terminate the accounts of
Users who are repeat infringers of the copyrights, or other intellectual
property rights, or other legitimate rights of others. In addition,
BuySellDirect.net reserves the right to terminate the account of a user upon any
single infringement of the rights of others in conjunction with use of the
BuySellDirect.net service, or if BuySellDirect.net believes that User's conduct
is harmful to the interests of BuySellDirect.net, its affiliates, or other
users, or for any other reason in BuySellDirect.net's sole discretion, with or
without cause.
4. Registered Users
4.1 Each User who has filled out an on-line registration form on the Site by
giving its information (such as name, address, telephone and fax number, email
address, details of its business, etc.) is a registered buying user of
BuySellDirect.net (a "Registered User"). BuySellDirect.net will establish an
account ("Account") for each Registered User and each Registered User will be
assigned a user alias ("Username") and password ("Password") for log-in access
to its own Account.
4.2 If the Registered User is a business entity, you represent that (a) you have
the authority to bind the entity to this Agreement; (b) the address you use when
registering is the principal place of business of such business entity; and (c)
all other information submitted to BuySellDirect.net during the registration
process is true, accurate, current and complete. For purposes of this provision,
a branch or representative office will not be considered a separate entity and
its principal place of business will be deemed to be that of its head office.
4.3 By becoming a Registered User, you consent to the inclusion of your personal
data in our Global Buyer Database and authorize BuySellDirect.net to share such
information with other Users.
4.4 BuySellDirect.net may suspend or terminate a Registered User's Account at
any time by giving no less than 24-hour notice to the Registered User; provided,
however, that notice is not required for such termination if (a) in
BuySellDirect.net's determination, there is any breach of the provisions of this
Agreement by the Registered User; or (b) BuySellDirect.net has reasonable
grounds to suspect that such information provided by a Registered User is
untrue, inaccurate or is not current or complete, or (c) BuySellDirect.net
believes that the Registered User's actions may cause financial loss or legal
liability to such Registered User, BuySellDirect.net's other Users, or
BuySellDirect.net or its affiliates.
4.5 A Registered User may not sell, attempt to sell, offer to sell, give, assign
or otherwise transfer an Account, Username or Password to a third party without
the prior written consent of BuySellDirect.net. BuySellDirect.net may suspend or
terminate the Account of a Registered User or the transferee of a Registered
User in the event of a sale, offer to sell, gift, assignment or transfer in
violation of this Section.
4.6 Notwithstanding Section 4.1 above, BuySellDirect.net may refuse registration
and deny the issuance of an Account and associated Username and Password to any
User for whatever reason.
5. Sellers (individuals or business) who Post Information on
BuySellDirect.net
5.1 You must be a Registered Seller in order to post information on the Site
using the free website tools provided to you through the Site. Your status as a
Registered Seller is governed by the provisions of Section 4 above and any
terms and conditions applicable to the relevant Service.
5.2 No sales agency relationship is created between any Seller and
BuySellDirect.net, our affiliates, directors, officers or employees by virtue of BuySellDirect.net's display of any of the
Seller's information on the Site.
5.3 Each Seller hereby represents, warrants and agrees to (a) provide
BuySellDirect.net with true, accurate, current and complete information to be
displayed on the Site and (b) maintain and promptly amend all information to
keep it true, accurate, current and complete. Each Seller hereby grants an
irrevocable, perpetual, worldwide and royalty-free, sub licensable (through
multiple tiers) license to BuySellDirect.net to display and use all information
provided by such Seller in accordance with the purposes set forth in this
Agreement and to exercise the copyright, publicity, and database rights you have
in such material or information, in any media now known or not currently known.
5.4 Each Seller hereby represents, warrants and agrees that it has obtained
all necessary third party copyright, trademark trade secrets or patent licenses
and permissions, or such other licenses or permissions as may be required in
connection with any other personal or proprietary rights of any third party
(including but not limited to rights of personality and rights of privacy), for
any material or information it posts on the Site or provides to
BuySellDirect.net or authorizes BuySellDirect.net to display. Third party
copyrights, trademarks, trade secret rights, patents and other personal or
proprietary rights affecting or relating to material or information displayed on
the Site, including but not limited to rights of personality and rights of
privacy, or affecting or relating to products that are offered or displayed on
the Site, are hereafter referred to as "Third Party Rights." Each
Seller
hereby represents, warrants and agrees that it shall be solely responsible for
ensuring that any material or information it posts on the Site or provides to
BuySellDirect.net or authorizes BuySellDirect.net to display does not, and that
the products represented thereby do not, violate any Third Party Rights, or is
posted with the permission of the owner(s) of such rights. Each Seller hereby
represents, warrants and agrees that it has the right to manufacture, offer,
sell, import, export and distribute the products it offers and displays on the
Site, and that such manufacture, offer, sale, importation, export and/or
distribution of those products violates no Third Party Rights.
5.5 Each Seller hereby represents, warrants and agrees that information
submitted to BuySellDirect.net for display on the Site shall not:
(A)
contain fraudulent information or make fraudulent offers of items or involve the
sale or attempted sale of counterfeit or stolen items or items whose sales
and/or marketing is prohibited by applicable law, or otherwise promote other
illegal activities;
(B)
be part of a scheme to defraud other Users of the Site or for any other unlawful
purpose;
(C)
relate to sale of products or services that infringe or otherwise abet or
encourage the infringement or violation of any third party's copyright, patent,
trademarks, trade secret or other proprietary right or rights of publicity or
privacy, or any other Third Party Rights;
(D)
impersonate any person or entity, misrepresent your or your affiliation with any
person or entity;
(E)
violate any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising);
(F)
be defamatory, libellous, unlawfully threatening or unlawfully harassing;
(G)
be obscene or contain or infer any pornography or sex-related merchandising or
any other content or otherwise promotes sexually explicit materials or is
otherwise harmful to minors;
(H)
promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age;
(!)
contain any material that constitutes unauthorized advertising or harassment
(including but not limited to spamming), invades anyone's privacy or encourages
conduct that would constitute a criminal offence, give rise to civil liability,
or otherwise violate any law or regulation;
(J)
solicit business from any Users in connection with a commercial activity that
competes with BuySellDirect.net;
(K)
contain any computer viruses or other destructive devices and codes that have
the effect of damaging, interfering with, intercepting or expropriating any
software or hardware system, data or personal information;
(L)
link directly or indirectly to or include descriptions of goods or services that
are prohibited under this Agreement;
(M)
violate any provision in the
Product Restrictions and Prohibitions;
(N)
otherwise create any liability for BuySellDirect.net or its affiliates.
5.6 BuySellDirect.net reserves the right in its sole discretion to remove any
material displayed on the Site which it reasonably believes is unlawful, could
subject BuySellDirect.net to liability, violates this Agreement or is otherwise
found inappropriate in BuySellDirect.net's opinion. BuySellDirect.net reserves
the right to cooperate fully with governmental authorities, private
investigators and/or injured third parties in the investigation of any suspected
criminal or civil wrongdoing. Furthermore, BuySellDirect.net may disclose the
Seller's identity and contact information, if requested by a government or law
enforcement body, an injured third party, or as a result of a subpoena or other
legal action, and BuySellDirect.net shall not be liable for damages or results
thereof and Seller agrees not to bring any action or claim against
BuySellDirect.net for such disclosure. In connection with any of the foregoing,
BuySellDirect.net may suspend or terminate the Account of any Seller as
BuySellDirect.net deems appropriate in its sole discretion. Seller agrees that
BuySellDirect.net shall have no liability to Seller, including no liability
for consequential or any other damages, in the event BuySellDirect.net takes any
of the actions mentioned in this Section, and that Seller agrees to bear the
risk that BuySellDirect.net may take such actions.
6. Transactions between Buyers and Sellers
6.1 Through the Site, BuySellDirect.net provides an electronic web-based
platform for exchanging information between buyers and Sellers of products and
services. BuySellDirect.net does not represent the seller (Seller) nor the
buyer in specific transactions. As a result, BuySellDirect.net does not control
and is not liable to or responsible for the quality, safety, lawfulness or
availability of the products or services offered for sale on the Site or the
ability of the Sellers to complete a sale or the ability of buyers to complete
a purchase.
6.2 Users are hereby made aware that there may be risks of dealing with people
acting under false pretences. BuySellDirect.net uses several techniques to
verify the accuracy of the information our users provide us when they register
on the Site. However, because user verification on the Internet is difficult,
BuySellDirect.net cannot and does not confirm each User's purported identity. We
encourage you to use the various tools available on the Site, as well as common
sense, to evaluate with whom you are dealing.
6.3 Each User acknowledges that it is fully assuming the risks of purchase and
sale transactions when using the Site to conduct transactions, and that it is
fully assuming the risks of liability or harm of any kind in connection with
subsequent activity of any kind relating to products or services that are the
subject of transactions using the Site. Such risks shall include, but are not
limited to, mis-representation of products and services, fraudulent schemes,
unsatisfactory quality, failure to meet specifications, defective or dangerous
products, unlawful products, delay or default in delivery or payment, cost mis-calculations,
breach of warranty, breach of contract and transportation accidents. Such risks
also include the risks that the manufacture, importation, export, distribution,
offer, display, purchase, sale and/or use of products or services offered or
displayed on the Site may violate or may be asserted to violate Third Party
Rights, and the risk that User may incur costs of defence or other costs in
connection with third parties' assertion of Third Party Rights, or in connection
with any claims by any party that they are entitled to defence or
indemnification in relation to assertions of rights, demands or claims by Third
Party Rights claimants. Such risks also include the risks that consumers, other
purchasers, end-users of products or others claiming to have suffered injuries
or harms relating to product originally obtained by Users of the Site as a
result of purchase and sale transactions in connection with using the Site may
suffer harms and/or assert claims arising from their use of such products. All
of the foregoing risks are hereafter referred to as "Transaction Risks.". Each
User agrees that BuySellDirect.net shall not be liable or responsible for any
damages, liabilities, costs, harms, inconveniences, business disruptions or
expenditures of any kind that may arise a result of or in connection with any
Transaction Risks.
6.4 Users are solely responsible for all of the terms and conditions of the
transactions conducted on, through or as a result of use of the Site, including,
without limitation, terms regarding payment, returns, warranties, shipping,
insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage.
6.5 In the event that any User has a dispute with any party to a transaction,
such User agrees to release and indemnify BuySellDirect.net (and our agents,
affiliates, directors, officers and employees) from all claims, demands,
actions, proceedings, costs, expenses and damages (including without limitation
any actual, special, incidental or consequential damages) arising out of or in
connection with such transaction.
7. Payment Method Surcharge.
7.1. Each Seller hereby represents warrants and agrees to pay BuySellDirect.net the Payment method surcharge (which BuySellDirect.net added to the
selling price and paid by the buyer to the Seller).
7.2. Each Seller hereby represents, warrants and agrees that he will pay the
above Payment method surcharge within ten days from the
time of the order.
7.3. Your BuySellDirect.net account will be suspended or disable if
BuySellDirect.net do not receive the above payments mentioned within ten days
from the time of the order. All your products will not be on sale until you pay
BuySellDirect.net. Moreover, your IP address will be black listed and you will
not be able to join BuySellDirect.net under deferent name any more.
8. Limitation of Liability
8.1 THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND BuySellDirect.net HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
8.2 BuySellDirect.net MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CORRECTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
BuySellDirect.net DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE,
IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF
PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD
PARTY RIGHTS; AND BuySellDirect.net MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
8.3 Any material downloaded or otherwise obtained through the Site is done at
each User's sole discretion and risk and each User is solely responsible for any
damage to its computer system or loss of data that results from the download of
any such material. No advice or information, whether oral or written, obtained
by any User from BuySellDirect.net or through or from the Site shall create any
warranty not expressly stated herein.
8.4 Under no circumstances shall BuySellDirect.net be held liable for an delay
or failure or disruption of the content or services delivered through the Site
resulting directly or indirectly from acts of nature, forces or causes beyond
its reasonable control, including without limitation, Internet failures,
computer, telecommunications or any other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, flood, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
8.5 Each User hereby agrees to indemnify and save BuySellDirect.net, its
affiliates, directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity basis) which may
arise from such User's use of the Site (including but not limited to the display
of such User's information on the Site) or from its breach of any of the terms
and conditions of this Agreement. Each User hereby further agrees to indemnify
and save BuySellDirect.net, its affiliates, directors, officers and employees
harmless, from any and all losses, claims, liabilities (including legal costs on
a full indemnity basis) which may arise from User's breach of any
representations and warranties made by User to BuySellDirect.net, including but
not limited to those set forth in Sections 5.3, 8.4 and 5.5 above. Each User
hereby further agrees to indemnify and save BuySellDirect.net, its affiliates,
directors, officers and employees harmless, from any and all losses, claims,
liabilities (including legal costs on a full indemnity basis) which may arise,
directly or indirectly, as a result of any claims asserted by Third Party Rights
claimants or other third parties relating to products offered or displayed on
the Site. Each User hereby further agrees that BuySellDirect.net is not
responsible and shall have no liability to it, for any material posted by
others, including defamatory, offensive or illicit material and that the risk of
damages from such material rests entirely with each User. BuySellDirect.net
reserves the right, at its own expense, to assume the exclusive defence and
control of any matter otherwise subject to indemnification by you, in which
event you shall cooperate with BuySellDirect.net in asserting any available
defences.
8.6 BuySellDirect.net shall not be liable for any special, direct, indirect,
punitive, incidental or consequential damages or any damages whatsoever
(including but not limited to damages for loss of profits or savings, business
interruption, loss of information), whether in contract, negligence, tort or
otherwise or any other damages resulting from any of the following:
(a) the use or the inability to use the Site;
(b) any defect in goods, samples, data, information or services purchased or
obtained from a User or a third-party service Seller through the Site;
(c) violation of Third Party Rights or claims or demands that Users'
manufacture, importation, export, distribution, offer, display, purchase, sale
and/or use of products or services offered or displayed on the Site may violate
or may be asserted to violate Third Party Rights; or claims by any party that
they are entitled to defence or indemnification in relation to assertions of
rights, demands or claims by Third Party Rights claimants;
(d) unauthorized access by third parties to data or private information of any
User;
(e) statements or conduct of any User of the Site; or
(f) any matters relating to Services however arising, including negligence.
8.7 Notwithstanding any of the foregoing provisions, the aggregate liability of
BuySellDirect.net, its employees, agents, affiliates, representatives or anyone
acting on its behalf with respect to each Use for all claims arising from the
use of the Site or the BuySellDirect.net service shall be limited to the greater
of (a) the amount of fees the User pays to us in the 6 months prior to the
action giving rise to liability and (b) US$100. The preceding sentence shall not
preclude the requirement by the User to prove actual damages. All claims arising
from the use of the Site or the BuySellDirect.net service must be filed within
one (1) year from the date the cause of action arose.
9. Intellectual Property Rights
9.1 BuySellDirect.net is the sole owner or lawful licensee of all the rights to
the Site and the BuySellDirect.net Content. The Site and BuySellDirect.net
Content embody trade secrets and intellectual property rights protected under
worldwide copyright and other laws. All title, ownership and intellectual
property rights in the Site and BuySellDirect.net Content shall remain with
BuySellDirect.net, its affiliates or licensors of the BuySellDirect.net Content,
as the case may be. All rights not otherwise claimed under this Agreement or by
BuySellDirect.net are hereby reserved.
9.2 "BuySellDirect.net", "BuySellDirect.net," "TRUST PASS" and related icons and
logos are registered trademarks or trademarks or service marks of
BuySellDirect.net in various jurisdictions and are protected under applicable
copyright, trademark and other proprietary rights laws. The unauthorized
copying, modification, use or publication of these marks is strictly prohibited.
10. Notices
10.1 All notices or demands to or upon BuySellDirect.net shall be effective if
in writing and shall be duly made when sent to BuySellDirect.net Attn: Legal
Department.
10.2 All notices or demands to or upon a User shall be effective if either
delivered personally, sent by courier, certified mail, by facsimile or email to
the last-known correspondence, fax or email address provided by the User to
BuySellDirect.net, or by posting such notice or demand on an area of the Site
that is publicly accessible without a charge. Notice to a User shall be deemed
to be received by such User if and when
BuySellDirect.net is able to demonstrate that communication, whether in physical
or electronic form, has been sent to such User, or
immediately upon BuySellDirect.net's posting such notice on an area of the Site
that is publicly accessible without charge.
11. General
11.1 Subject to any additional agreements relating to Services, this Agreement
and the Privacy Policy constitute the entire agreement between the User and
BuySellDirect.net with respect to and governs the use of the Site, superseding
any prior written or oral agreements in relation to the same subject matter
herein.
11.2 BuySellDirect.net and the User are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
11.3 If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
11.4 Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
11.5 BuySellDirect.net's failure to enforce any right or failure to act with
respect to any breach by a User under this Agreement will not waive that right
nor waives BuySellDirect.net's right to act with respect with subsequent or
similar breaches.
11.6 BuySellDirect.net shall have the right to assign this Agreement (including
all of its rights, titles, benefits, interests, and obligations and duties in
this Agreement and in any agreement relating to Services to any person or entity
(including any affiliates of BuySellDirect.net). The User may not assign, in
whole or part, this Agreement to any person or entity.
11.7 This Agreement shall be governed by the laws of the Province of British
Colombia ("Canada") without regard to its conflict of law provisions. The
parties to this Agreement hereby submit to the exclusive jurisdiction of the
courts of Canada.
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