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EFOODCOMMERCE.COM
User Agreement
The
EFOODCOMMERCE.com Web Site (the "Site") is provided by efoodcommerce.com
to you ("you" or "User") subject to the following Agreement ("Agreement")
and any operating rules or policies that may be published from time
to time by efoodcommerce.com. Before you subscribe to and/or begin participating
in or using the Site, efoodcommerce.com requires that you read and accept
the following Agreement. BY CLICKING ON THE BUTTON MARKED "I ACCEPT
THE TERMS AND CONDITIONS OF THE EFOODCOMMERCE.COM USER AGREEMENT"
ON THE SITE, YOU ACCEPT AND AGREE TO THIS AGREEMENT AS APPLIED TO
YOUR USE OF THE SITE. If you do not agree to this, you may not access
or otherwise use the Site.
Changes
to this Agreement: efoodcommerce.com may, in its sole discretion,
change, add or remove any portion of this Agreement, at any time,
by posting a new Agreement to the Site. Your continued use of the
Site after such changes are posted will constitute your agreement
to such changed Agreement.
EFOODCOMMERCE.com
is Only a Venue: The Site is only a venue for registered sellers
to conduct sales of Food products and commodities, and for buyers
to request offers on such products.
EFOODCOMMERCE
is not involved in the actual transactions between buyers and sellers
and therefore, has no control over the quality, food safety or other
parameters of the items being traded, the truth or accuracy of the
listings, the ability of sellers to sell product, or the ability
of buyers to buy products.
EFOODCOMMERCE
does not qualify buyers or sellers and does not confirm the identity
of each User. There may be risks dealing with foreign nationals,
underage persons or people acting under false pretense. Since appearance
on the Site is not an indication of creditworthiness, trustworthiness,
and acceptability, Users involved in a sale are advised to communicate
directly with other Users. Because
EFOODCOMMERCE
is not and can not be involved in dealings between Users, in the
event that you have a dispute with another User (whether a buyer
or seller), you hereby release efoodcommerce.com, its directors, officers,
employees and agents from and against any and all 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."
Modifications
to Site: efoodcommerce.com reserves the right, for any reason, in
its sole discretion, to terminate, change or suspend any aspect
of the Site, including, but not limited to, content, features or
hours of availability. efoodcommerce.com may impose limits on certain
features of the Site or restrict your access to part or all of the
Site or the Site without notice or penalty.
User
Registration: The Site is available only to individuals and
businesses who can form legally binding contracts under applicable
law. Upon your acceptance of this Agreement, your completed Registration
Form shall be submitted to efoodcommerce.com, which reserves the right
to disapprove your registration or terminate your use of the Site
for any reason at any time, in its sole discretion.
User
Information: In the course of your use of the Site, you will
provide certain information to efoodcommerce.com or other Users during
the registration, selling, posting, offering or buying process,
in any public message or through any e-mail feature (such information
collectively is referred to hereinafter as "User Information").
You agree that (1) all User Information shall be current, complete,
and accurate when provided; (2) you are solely responsible for maintaining
and updating User Information as necessary to keep it current, complete
and accurate and; (3) you, and not efoodcommerce.com, are making any
and all representations and warranties set forth in any User Information.
efoodcommerce.com's use of any User Information you provide shall be
governed by the Privacy Policy. You hereby grant to efoodcommerce.com
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free
license to use the User Information, including any copyrights, publicity
rights or any other proprietary rights you have in the User Information,
in any media now known or unknown, for any purpose in connection
with the provision of the Site hereunder.
Email
Address and Password: You are solely responsible in all respects
for all use of and for protecting the confidentiality of your email
address, the email verification number and your password. You may
not share your email verification number or your password with any
third parties or use such number or password for any unauthorized
purposes.
User
Conduct: You are solely responsible for the content and context
of any User Information you post through the Site. You warrant and
agree that, while using the Site, you shall not upload, post or
transmit to or distribute or otherwise publish through the Site
any materials which: (a) are unlawful, threatening, harassing or
profane, (b) restrict or inhibit any other User from using and enjoying
the Site, (c) constitute or encourage conduct that would constitute
a criminal offense or give rise to civil liability, or (d) contain
a virus or other harmful component, advertising of any kind, or
false or misleading indications of origin or statements of fact.
You also warrant and agree that you will not post or transmit (i)
any bulk e-mails, advertisements, solicitations, offers for sale
of goods or services, chain letters, pyramid schemes, investment
opportunities or schemes or other unsolicited commercial communication
(except as otherwise expressly permitted by the Site) or engage
in spamming or flooding. You also warrant and agree that you shall
not: (a) impersonate or misrepresent your affiliation with any other
person or entity; (b) upload, post, publish, transmit, reproduce,
distribute or in any way exploit any information or other material
obtained through the Site for commercial purposes; or (c) attempt
to gain unauthorized access to other computer systems through the
Site.
Monitoring:
You agree that efoodcommerce.com has the right, but not the obligation,
to monitor, edit, disclose, refuse to post, or remove at any time,
for any reason in its sole discretion, any material and content,
including but not limited to User Information and Listing Details
(as defined below) anywhere on the Site, including but not limited
to chat rooms, bulletin boards, e-mail and other forums. Notwithstanding
this right, efoodcommerce.com does not and cannot review all materials
posted to the Site by Users and efoodcommerce.com is not responsible
for any such materials posted by Users.
Seller
Conduct: In addition to the other obligations set forth in this
Agreement, if you sell items on the Site or through the Site, you
agree to abide by the following:
Listing
Details: You shall be prompted to "post"(In case of surplus)
each item for sale on the Site by providing and approving certain
item information (collectively, "Listing Details") on the Listing
Details form. Once you post the Listing Details of an item to the
Site, the item becomes a "Posted Item."
Fees:
For each Posted Item, you shall pay efoodcommerce.com a fee per Posted
Item (the "Listing Fee"). For each Posted Item that you sell through
the Site in accordance with the next paragraph, you shall pay efoodcommerce.com a fee equal to a percentage of the sale price of the Posted
Item (the "Commission Fee"). The Listing Fee and Commission Fee
are specified in the FAQs.
Posted
Items: If you post an item to the Site, you acknowledge and
agree that you are extending an irrevocable offer to sell the Posted
Item to a buyer who meets the requirements you have specified in
the Listing Details. Once an item you post becomes a Posted Item,
you shall not sell the Posted Item other than through the Site unless
you pay to efoodcommerce.com the applicable Commission Fee. You agree
to pay such Commission Fee if any such sale occurs within 30 days
after the Posted Item sale closes or expires. As a seller, you may
not contact any buyers in an ongoing sale of Posted Items offered
by another seller that are the same or similar to the Posted Items
you have offered.
Seller's
Warranties: As a seller, you represent and warrant that: (1)
all Listing Details you provide shall be accurate and complete and
shall accurately represent the conditions of the Posted Item at
the expected sale date; (2) no Posted Item you provide for sale
on the Site shall be fraudulent or unfit for cosumption; (3) you
have the right, through actual ownership or otherwise, to provide
any Posted Item for sale on the Site and to sell the item through
the Site; (4) the payment of the Listing Fee and Commission Fee
to efoodcommerce.com for any Posted Item you provide shall not cause
efoodcommerce.com to violate any applicable law, statute, ordinance or
regulation; and (5) you shall not provide as a Posted Item any live
animals, human beings, body parts, soiled clothing, pornography,
bulk e-mail lists, switchblades, weapons or ammunitions or any food
unfit for Human or Pet consumption. efoodcommerce.com reserves the right
to move Posted Items from one category to another, and to remove
categories and Posted Items at any time, in its sole discretion.
Buyer
Conduct: If you use the Site to buy a Posted Item, you acknowledge
and agree that if, as of the close of a sale, you have placed the
highest offer at or above the asking price, you may not retract
the offer, unless the Posting Information included a material inaccuracy
or misrepresentation, or the Posted Item does not materially comply
with the Posting Information.
No
Price Manipulation: Sale price manipulation of any kind, directly
or indirectly, by Users is prohibited, including, but not limited
to, through a secondary account, agent or assign, by making offers
for your own account and the Posted Items you have provided, by
communicating with other buyers and sellers, or by shill bidding.
Taxes:
You acknowledge and agree that efoodcommerce.com does not take any
responsibility to calculate, report or remit sales or use taxes
which may be assessed, due or owing to the taxing authorities of
any jurisdiction for transactions that arise in connection with
your use of the Site. You acknowledge and agree that you are solely
responsible for the calculation, collection and remittance of any
applicable taxes which may be incurred or assessed in connection
with your use of the Site.
DISCLAIMER
OF WARRANTIES: THE SITE , INCLUDING ALL CONTENT, FUNCTIONS,
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE,
IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. EFOODCOMMERCE DOES NOT WARRANT THAT THE
SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL
BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS
WILL BE CORRECTED. EFOODCOMMERCE.COM MAKES NO WARRANTY THAT THE
SITE WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY
WARRANTIES OR GUARANTEES THAT BY POSTING AN ITEM ON THE SITE, THE
POSTED ITEM WILL BE SOLD. HIMINFOTECH MAKES NO ENDORSEMENT OR WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EFOODCOMMERCE.COM
OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN
USERS. EFOODCOMMERCE.COM EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR
WARRANTY OF ANY GOODS SOLD ON OR THROUGH THE SITE, AND ANY RESPONSIBILITY
FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.
LIMITATION
OF LIABILITY: IN NO EVENT SHALL EFOODCOMMERCE.COM BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE
OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING
WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS OR LOST SALES, EVEN IF EFOODCOMMERCE.COM OR AN AUTHORIZED REPRESENTATIVE
THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY
OF EFOODCOMMERCE.COM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE
OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE
EXCEED, IN THE AGGREGATE, $100.00.
Indemnification:
You shall indemnify, defend and hold EFOODCOMMERCE.COM, its officers,
directors, employees and agents (collectively, the "Indemnified
Parties"), harmless from and against any and all claims, losses,
damages, liabilities, judgments and fees and expenses related thereto
(including, without limitation, reasonable attorneys' fees), incurred
by an Indemnified Party in connection with any claims arising out
of, based upon or resulting from any breach or violation by you
of this Agreement or any use by you of the Site or as a result of
a dispute with another User. EFOODCOMMERCE.COM reserves the right, at
its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and you
shall not in any event settle or otherwise dispose of any matter
without the prior written consent of EFOODCOMMERCE.COM.
No
Agency: The relationship between you and EFOODCOMMERCE.COM is that
of independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended
or created by this Agreement.
Termination:
This Agreement constitutes a binding agreement between you and
EFOODCOMMERCE.COM until terminated by you or EFOODCOMMERCE.COM, which EFOODCOMMERCE.COM may do at any time, without notice, in EFOODCOMMERCE.COM'S sole
discretion. If you become dissatisfied with the Site, in any way,
your only recourse is to immediately discontinue use of the Site.
Choice
of Law; Dispute Resolution: This Agreement shall be governed
by and in accordance with the laws of the State of New jersey, without
regard to conflicts of laws provisions. Any controversy involving
efoodcommerce.com arising from or in any way related to this Agreement
or your use of the Site shall be heard in the appropriate State
or Federal court in Mercer County, New Jersey State and you irrevocably
consent to the jurisdiction of such courts.
Notices
And Disclosures: Except as explicitly stated otherwise, any
notices shall be given by e-mail to, in the case of efoodcommerce.com,
customerservice@EFOODCOMMERCE.com, or, in the case of a User to
either: (1) the e-mail address you provide to EFOODCOMMERCE.com
during the registration process, (2) the mailing address provided
to EFOODCOMMERCE during the registration process, or (3) such other
address as you may specify. Notice shall be deemed given 24 hours
after e-mail is sent, unless the sending party is notified that
the e-mail address is invalid or, in the case of mailing, three
(3) days after the date of mailing.
General
Provisions: If any provision of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable,
then such provision shall be enforced to the maximum extent permissible
so as to effect the intent of this Agreement, and the remainder
of this Agreement shall continue in full force and effect. The failure
by either you or HIMINFOTECH to exercise or enforce any rights or
provisions of this Agreement shall not constitute a waiver of such
right or provision. You agree that any cause of action arising out
of or related to the Site or this Agreement must commence within
one (1) year after the cause of action arose; otherwise, such cause
of action is permanently barred. The Agreement comprises the entire
agreement between you and EFOODCOMMERCE.COM and supersedes all prior
agreements between the parties, regarding the subject matter contained
herein. All provisions in this Agreement regarding representations
and warranties, indemnification, disclaimers and limitations on
liability shall survive any termination of this Agreement.
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EFOODCOMMERCE.com | Contact Us
Copyright
2000. All Rights Reserved.
Use
of this web site constitutes acceptance of the EFOODCOMMERCE.com
User Agreement.
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