Rules and Terms of Useage
  --------------------------------------------------------------------------------
 

EricsWarehouse.com Terms of Useage

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.

   
  1. OWNERSHIP. This site, and each of its modules, is the copyrighted property of EricsWarehouse.com ("EricsWarehouse.com. None of the content or data found on this site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of EricsWarehouse.com. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of EricsWarehouse.com and its affiliates. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of EricsWarehouse.com or such other party that may own the Trademarks.
   
  2. USE OF SITE. You may only use this site to buy, sell, or display items and shall not use this site for any other purposes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of EricsWarehouse.com, except that you may download, display and print one copy of the materials presented on this site on a single computer for your personal, non-commercial use only. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
   
  3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
   
  4. EXCLUSION OF WARRANTY. ERICSWAREHOUSE.COM AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. ERICSWAREHOUSE.COM AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
   
  5. LIMITATION OF LIABILITY. ERICSWAREHOUSE.COM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL ERICSWAREHOUSE.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR BUYING, SELLING, OR LISTING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY ERICSWAREHOUSE.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, not withstanding the foregoing, EricsWarehouse.com or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of EricsWarehouse.com and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) US$50.00. In its sole discretion, in addition to any other rights or remedies available to EricsWarehouse.com and without any liability whatsoever, EricsWarehouse.com at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
   
  6. INDEMNIFICATION. You shall defend and indemnify EricsWarehouse.com and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitiation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
   
  7. LINKS. This site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by EricsWarehouse.com or its third party providers or distributors of the contents of such other web sites. None of EricsWarehouse.com or any third party provider or distributor shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
   
  8. RELATIONSHIP. The relationship between EricsWarehouse.com and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
   
  9. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Florida, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Broward county, the state of Florida, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.
   
  10. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
   
  11. MODIFICATION. EricsWarehouse.com may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
   
  12. ADDITIONAL TERMS. Additional terms and conditions may apply to sales, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
   
  13. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
   
  14. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
   
  15.FEES AND SERVICES. Making offers, bartering and trading on items at EricsWarehouse.com is free. We may change our Fees and Credits Policy and the fees for our services from time to time. We may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective immediately. When you list an item you have an opportunity to review and accept the subscription fees that you will be charged for the use of 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 and our website and all applicable taxes.
   
  16. ERIC'SWAREHOUSEW.COM is Only a Venue. Overview. Our site acts as the venue for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to buy, make offers, barter or trade on items. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or 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. Because user authentication on the Internet is difficult, EricsWarehouse.com cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification. Because 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 EricsWarehouse.com (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, disclosed and undisclosed, arising out of or in any way connected with such disputes. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. It is a violation of law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us, which can be used by law enforcement officials to identify you. Do not test our sellers' galleries with fraudulence. This puts you at substantial personal legal risk. Fraudulent buyers will be prosecuted to the fullest extent of the law. Currently, both the FBI and the US Secret Service are responsible for investigating all Internet fraud cases.
   
  17.OFFERING AND BUYING. If you are the buyer and the transaction is accepted by the seller with payment, the seller is obligated to complete the transaction with the buyer, unless the transaction is prohibited by law or by this Agreement, and in that case the payment is to be refunded to buyer with an explanation. By buying an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. All sales are final, except in exceptional circumstances such as when the seller materially changes the item's description after you express interest and make an offer, a clear typographical error is made, or you cannot authenticate the seller's identity. If you choose to buy adult items, you are certifying that you have the legal right to purchase such items.
   
  18.LISTING AND SELLING. Listing Description. Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for which are soliciting offers to buy). All listed items must be listed in an appropriate category. If you, as a seller, receive any agreed on payment, you are obligated to complete the transaction in a reasonable time upon receiving compensation for the item(s), unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. Without limiting any other remedies, EricsWarehouse.com 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.
   
  19. YOUR INFORMATION. "Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information. Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) 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; (g)shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum sale amount; (cc) are concurrently listed on a web site other than EricsWarehouse.com; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the subscription fee, could cause us to violate any applicable law, statute, ordinance or regulation. Solely to enable EricsWarehouse.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (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. EricsWarehouse.com will only use Your Information in accordance with our Privacy Policy.
   
  20.BREACH. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
   
  21. TRUST. This organization is dedicated to building trust in the Internet by having member organizations such as EricsWarehouse.com disclose information practices. Our policy on privacy is held to high standards by independent third party organizations.
   
  22.NOTICES. Except as explicitly stated otherwise, any notices shall be given by postal mail to EricsWarehouse.com Attn: 1200 Hillsboro Mile Suite 22, Hillsboro Beach, Florida 33062(in the case of EricsWarehouse.com) or to the email address you provide to EricsWarehouse.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to EricsWarehouse.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
   
  23. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.