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Rules and Terms of Useage
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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.
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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. |
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2. USE OF SITE. You may only use this site to buy items and shall not use this site for any other purposes. |
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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. |
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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. |
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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,
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. |
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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. |
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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. |
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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. |
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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
Palm Beach 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. |
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10. ASSIGNMENT. You may not assign, convey, subcontract or
delegate your rights, duties or obligations hereunder. |
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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. |
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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.
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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. |
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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. |
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15. Ericswarehouse.com is Only a Venue. Overview. 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 purchases in a false name or with an invalid
credit card, even if our software initially accepts such. 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 site with fraudulence. This
puts you at substantial personal legal risk. Fraud 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. |
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16.LISTING AND SELLING. Listing Description. Listings may
include text descriptions, graphics and pictures. |
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17. 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. |
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18.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. |
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19. 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. |
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20.NOTICES. Except as explicitly stated otherwise, any notices
shall be given by postal mail to Ericswarehouse.com Attn:
5677 Strawberry Lakes Cir, FL 33463 (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. |
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21. 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. |
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© 2022 EricswWarehouse.com
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