e-CONSIGNMENTS - USER AGREEMENT

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e-CONSIGNMENTS

Terms of Use
User Access Agreement

Please read this Agreement carefully before accessing e-CONSIGNMENTS. The following describes the terms and conditions on which e-CONSIGNMENTS offers you access to our services. By registering, you accept the terms and conditions of this Agreement. e-CONSIGNMENTS, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow users to post listings and/or to view listings posted by other users or interact with those users. e-CONSIGNMENTS is owned and operated by e-CONSIGNMENTS. e-CONSIGNMENTS contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of e-CONSIGNMENTS that can be modified by Users, such as posting listings, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").

1. User Rights and Responsibilities

1.1 Access to e-CONSIGNMENTS.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access e-CONSIGNMENTS and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing e-CONSIGNMENTS.

ELIGIBILITY….Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, do not use our services. Our services are not available to temporarily or indefinitely suspended e-CONSIGNMENTS members. e-CONSIGNMENTS may refuse our services (such as, but not limited to, listings and purchases) to anyone at any time at our sole discretion.

FEES…..-CONSIGNMENTS, you have the opportunity to review and accept the fees you will be charged for using our Listing Services. We may, in our sole discretion, change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service, all applicable taxes, all hardware, software, service and other costs you incur to buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our servicBuying and browsing items at e-CONSIGNMENTS is free. Our Sellers Fees are available at Fees & Optional Listings. We may change our Fees Policy and Service Fees from time to time. When you list an item with ees at any time.

e-CONSIGNMENTS IS ONLY A VENUE…..e-CONSIGNMENTS acts as the venue for sellers to list items and buyers to buy items. We are not involved in the actual transaction between buyers and sellers. We have no control over the quality, safety or legality of the items advertised, the truth and accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. Because user authentication on the Internet is difficult, e-CONSIGNMENTS cannot and does not confirm each user’s purported identity. We encourage you to communicate directly with potential trading partners. We suggest that you may also want to consider using a third party escrow service that provides additional user verification.Since we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release e-CONSIGNMENTS (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected. We do not control the information provided by other users which is made available through our system. You may find user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and practice safe buying/selling when using e-CONSIGNMENTS.If you choose to buy adult items, you are certifying that you have the legal right to purchase such items.

LISTINGS…..Listings may only include text descriptions, graphics and pictures you supply to our site that describe your items for sale. All listed items must be listed in the appropriate category. e-CONSIGNMENTS may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation or otherwise) to have engaged in fraudulent activity in connection with our site. Neither Buyers or Sellers may manipulate the price of any item, nor interfere with other user’s listings.

1.2 User Conduct.

You agree to access and use e-CONSIGNMENTS only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of e-CONSIGNMENTS, including any Interactive Area, (ii) the use of any networks or other services connected to the e-CONSIGNMENTS, and (iii) the communications means by which you connect your modem, computer, or other equipment to the e-CONSIGNMENTS. By accessing the e-CONSIGNMENTS, you agree that you will not:

(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access e-CONSIGNMENTS;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.

2. Intellectual Property Rights

2.1 e-CONSIGNMENTS content.
(a) You acknowledge that Content on e-CONSIGNMENTS is generally provided by e-CONSIGNMENTS, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that e-CONSIGNMENTS permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that e-CONSIGNMENTS owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.

(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "e-CONSIGNMENTS" and its URL address. You acknowledge that e-CONSIGNMENTS, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.

2.2 Content Provided by User.

You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through e-CONSIGNMENTS only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on e-CONSIGNMENTS, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to e-CONSIGNMENTS the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit e-CONSIGNMENTS to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that the e-CONSIGNMENTS may include various interactive areas ("Interactive Areas"), including but not limited to consignment listings. These Interactive Areas allow feedback to e-CONSIGNMENTS and real-time interaction between users. You further understand that e-CONSIGNMENTS does not control the messages, information, or files delivered to such Interactive Areas and that e-CONSIGNMENTS may offer you and other Users the capability of creating and managing an Interactive Area. However, neither e-CONSIGNMENTS, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that e-CONSIGNMENTS cannot, and does not intend to, screen communications in advance. Moreover, because e-CONSIGNMENTS encourages open and candid communication in the Interactive Areas, e-CONSIGNMENTS cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. e-CONSIGNMENTS is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that e-CONSIGNMENTS has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, e-CONSIGNMENTS may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. e-CONSIGNMENTS reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written e-CONSIGNMENTS policy in effect at that time, (ii) be harmful to the rights of any User, e-CONSIGNMENTS, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.

YOUR INFORMATION…..Your Information is defined as any information you provide to us or other users in the registration, buying, selling or listing process or through any e-mail feature (defined herein as “Your Information”). You are solely responsible for Your Information and we strictly act as a passive conduit for your online distribution and publication of Your Information.Your Information (or any items listed therein) shall not be false, inaccurate or misleading, fraudulent or involve the sale of counterfeit or stolen items, infringe on any third party’s copyright, patent, trademark, trade secret or other propriety rights or rights of publicity or privacy, violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising, shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing).Your Information shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content. Shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Shall not create liability for e-CONSIGNMENTS or cause e-CONSIGNMENTS to lose (in whole or in part) the services of our ISP’s or other suppliers and shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement that you do not have a right to link to or include. You may not list any item on e-CONSIGNMENTS (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee could cause us to violate any applicable law, statute, ordinance or regulation.You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. e-CONSIGNMENTS will only use Your Information in accordance with our Privacy Policy, solely to enable e-CONSIGNMENTS to use the information you supply us, so that we are not violating any rights you might have in that information.

SYSTEM INTEGRITY…..You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web ages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the e-CONSIGNMENTS site or any sale existing on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on e-CONSIGNMENTS is updated on a real time basis and is proprietary or is licensed to e-CONSIGNMENTS by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create Derivative works or publicly display any content (except “Your Information”) from our website without the prior expressed written permission of e-CONSIGNMENTS or the appropriate third party.

BREACH…..Without limiting other remedies, e-CONSIGNMENTS may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if you breach this Agreement or the documents it incorporates by reference if we are unable to verify or authenticate any information you provide to us or if we believe that your actions may cause legal liability for you, our users or us.

4. Termination

The only right with respect to dissatisfaction with any policies, guidelines, or practices of e-CONSIGNMENTS in operating e-CONSIGNMENTS, or any change in Content, is for you to discontinue accessing e-CONSIGNMENTS. e-CONSIGNMENTS may terminate or temporarily suspend your access to all or any part of e-CONSIGNMENTS, without notice, for conduct that e-CONSIGNMENTS believes is a violation of this Agreement or any policies or guidelines posted by e-CONSIGNMENTS, or for other conduct which e-CONSIGNMENTS believes, in its sole discretion, is harmful to e-CONSIGNMENTS or other Users. e-CONSIGNMENTS may discontinue operating e-CONSIGNMENTS and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access e-CONSIGNMENTS, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from e-CONSIGNMENTS, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services expressly available at e-CONSIGNMENTS, neither e-CONSIGNMENTS, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from e-CONSIGNMENTS. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of e-CONSIGNMENTS or controlled by e-CONSIGNMENTS. e-CONSIGNMENTS neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from e-CONSIGNMENTS, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither e-CONSIGNMENTS, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from e-CONSIGNMENTS or your inability to access the Internet or any site linked to or from e-CONSIGNMENTS.

5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on e-CONSIGNMENTS. It is the policy of e-CONSIGNMENTS not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF e-CONSIGNMENTS IS AT YOUR SOLE RISK. NEITHER e-CONSIGNMENTS NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT e-CONSIGNMENTS OR ANY INTERNET SITE LINKED TO OR FROM e-CONSIGNMENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF e-CONSIGNMENTS OR ANY INTERNET SITE LINKED TO OR FROM e-CONSIGNMENTS OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH e-CONSIGNMENTS OR ANY SITE LINKED TO OR FROM . e-CONSIGNMENTS IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL e-CONSIGNMENTS, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, e-CONSIGNMENTS, OR ANY INTERNET SITE LINKED TO OR FROM e-CONSIGNMENTS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL e-CONSIGNMENTS, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN e-CONSIGNMENTS OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM e-CONSIGNMENTS. THE CONTENT WITHIN e-CONSIGNMENTS AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM e-CONSIGNMENTS MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF e-CONSIGNMENTS AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. e-CONSIGNMENTS AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT e-CONSIGNMENTS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY e-CONSIGNMENTS SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF e-CONSIGNMENTS, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING e-CONSIGNMENTS.

5.4. No Warranty. We and our suppliers provide our Web Site and Services “As Is” and without any warranty or condition, express, implied or statutory. We and our suppliers 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 OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.

6. Indemnity

You agree to indemnify and hold e-CONSIGNMENTS, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of e-CONSIGNMENTS or any Internet site linked to or from e-CONSIGNMENTS, or in connection with the transmission of any Content on e-CONSIGNMENTS.
7. Miscellaneous
This Agreement comprises the entire agreement between e-CONSIGNMENTS and you, and supersedes any prior agreements with respect to the subject matter herein. e-CONSIGNMENTS may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on e-CONSIGNMENTS. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing e-CONSIGNMENTS. Your continued accessing and use of e-CONSIGNMENTS following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of e-CONSIGNMENTS to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of e-CONSIGNMENTS, excluding its conflict of laws rules, and you and e-CONSIGNMENTS each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from e-CONSIGNMENTS have been done strictly for clarification and identification and does not constitute endorsement by e-CONSIGNMENTS of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of e-CONSIGNMENTS by such trademark, service mark or link owner.

LIMIT OF LIABILITY…..OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES, IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND .00 Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

GENERAL COMPLIANCE WITH LAWS…..You shall comply with all applicable laws, statutes, ordinances and regulations, regarding your use of our service and your listing, sale, purchase, solicitation of offers to purchase and sale of items.

INTERRUPTION…..Our highest priority is allowing you to have access to our site 24 hours a day, 365 days a year. However e-Consignments may occasionally experience an interruption of service during which may be due to regular maintenance and hardware upgrades, or interruptions that are out of our control. Updates will be posted in the Announcements section during all service interruptions. Please check there for details about the interruption and extensions. Transactions will not be extended a result of site outage.

NO AGENCY…..You and e-CONSIGNMENTS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

ARBITRATION…..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 a 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 New Port Richey, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or e-CONSIGNMENTS may seek any interim or preliminary relief from a court of competent jurisdiction in New Port Richey, Florida necessary to protect the rights or property of you or e-CONSIGNMENTS pending the completion of arbitration.

NOTICES…..Except as explicitly stated otherwise, any notices shall be given by e-mail to Announcements at e-CONSIGNMENTS or to the e-mail or US mail address you provide to us during the registration process (in your case) or such other address as the party shall 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. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to e-CONSIGNMENTS during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If notice cannot be given by e-mail to e-CONSIGNMENTS because the address is invalid or the e-mail is otherwise undeliverable, notice MUST be sent by certified mail to: e-CONSIGNMENTS, P.O. Box 1926, Elfers, Fl 34680.

GENERAL…..This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida and Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provision shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

DISCLOSURES…..The services hereunder are offered by e-CONSIGNMENTS, INC., located at P.O. Box 1926, Elfers, Fl, 34680. If you are a Florida resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The Florida Department, Division of Consumer Services may be contacted in writing at Mayo Building, 407 South Calhoun Street, Tallahassee, FL 32399-0800 or telephone FL residents (1)800-435-7352 or non-Florida residents at (850) 488-2221. If this Agreement is amended, I understand that amendments will be effective when posted on e-CONSIGNMENTS Site for 30 days. As a condition to and in consideration of receiving and accessing the e-CONSIGNMENTS, the User agrees to be bound by the terms of this Agreement. Use of or access to the e-CONSIGNMENTS shall constitute acceptance of and agreement to be bound by this Agreement.

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS e-CONSIGNMENTS. If you have any questions about this Agreement, please contact us via e-mail at consigns@earthlink.net.