User Agreement
The i-MarcoPolo.com Web Site (the "Site"), and all other web sites owned and operated by i-Marco Polo, are
provided by i-MarcoPolo.com, Inc. ("i-Marco Polo" or "i-MarcoPolo.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 i-MarcoPolo.com. Before You subscribe to and/or begin participating in or using the Site, i-MarcoPolo.com
requires that You read and accept the following Agreement either by (I) CLICKING ON THE BUTTON MARKED
"ACCEPT" IN THE FINAL STEP OF THE REGISTRATION PROCESS OR (II) BY PRINTING, SIGNING AND RETURNING A
COPY OF THIS AGREEMENT TO I-MARCO POLO by mail of fax. By signing below, You accept the terms and conditions
of this Agreement. If you do not accept the terms and conditions or have any questions about this Agreement,
please contact info@i-MarcoPolo.com.
Pre-Conditions:
You may use the Site only if You are eighteen (18) years of age or older. The Site is available only to individuals and
businesses that have signed this Agreement, have provided the information requested on the Registration Form, and are legally permitted to enter into contracts for the sale of goods under applicable law.
Changes to this Agreement:
i-MarcoPolo.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. The new Agreement will become effective and binding upon You fifteen (15)
days after being Posted to the Site. This Agreement was last revised on November 1, 2006.
i-MarcoPolo.com is Only a Venue:
i-MarcoPolo.com acts as the venue for our Users to buy and sell products and services through auctions, classified
advertisements, and exchanges. The actual transaction occurs between buyers and sellers only. None of
i-MarcoPolo.com, any i-MarcoPolo.com partner with whom i-Marco Polo jointly provides products or services to You through the Site (the "Partners") or any entity who has links from their Web site to the Site via banner advertisements or hypertext logos or links (the "Linked Site") is involved in the actual transactions between buyers and sellers and therefore, has no control over the quality, safety, or legality of the items offered, the truth or accuracy of the listings, the ability of sellers to sell the property or services, or the ability of buyers to buy the property or services. i-MarcoPolo.com qualifies buyers or sellers only upon customer request and does not confirm the identity of each User. NONE OF I-MARCOPOLO.COM, ANY PARTNER OR ANY LINKED SITE MAKES ANY ENDORSEMENT OR WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED, SOLD OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. However, the foregoing sentences do not exempt any Sellers whose products or services are sold or auctioned through the Site, either by them or other parties, from honoring any pre-existing representations or warranties that they normally provide with respect to products or services. In addition, there may be risks in dealing with foreign nationals, underage persons, or people acting under false pretense. Since appearance on the Site is not an indication of creditworthiness, trustworthiness, or acceptability, Users involved in a sale or auction are advised to communicate directly with other Users and make their own determinations as to whether to proceed with a transaction. Because i-MarcoPolo.com 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 i-MarcoPolo.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 542, 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:
i-MarcoPolo.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. i-MarcoPolo.com may impose limits on certain features of the Site or restrict Your access to, or use of, part or the entire Site without notice or penalty.
User Information:
In the course of Your use of the Site, You will provide certain information about Yourself or Your business to
i-MarcoPolo.com or other Users (such information collectively is referred to hereinafter as "User Information"). You agree that all User Information shall be current, complete, and accurate and that You shall update and maintain such information to keep it current, complete, and accurate. You, and not i-MarcoPolo.com, are making any and all representations and warranties set forth in any User Information. You are solely responsible in all respects for all use of and for protecting the confidentiality of Your e-mail address, the e-mail verification number and Your password (as applicable). You hereby grant to i-MarcoPolo.com permission to use the User Information in any media now known or unknown, for the purpose of performing i-MarcoPolo.com's functions in connection with the Site and as authorized in the i-MarcoPolo.com Privacy Policy.
User Conduct:
You are solely responsible for the content and context of any User Information You submit through the Site. You are also responsible for complying with the i-MarcoPolo.com Acceptable Conduct Policy.
Monitoring:
You agree that i-MarcoPolo.com has the right, but not the obligation, to monitor, edit, disclose (subject to
i-MarcoPolo.com's Privacy Policy), 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 anywhere on the Site, including but not limited to chatrooms, bulletin boards, e-mail, and other forums. Notwithstanding this right, i-MarcoPolo.com does not and cannot review all information and materials posted to the Site by Users and i-MarcoPolo.com is not responsible for any such material or information posted by Users. i-MarcoPolo.com may also, at its sole discretion, refuse to forward any e-mail from You to any other User for any reason.
Offers to Purchase and Buying on the Exchange and in the Auction:
All offers to purchase an item (including bids in the case of an auction) are binding and final. If you offer to purchase an item and your offer is accepted by the seller, you are obligated to complete the transaction at the price you offered. You must contact the seller within three (3) business days after the date your offer is accepted. If your offer is accepted, i-MarcoPolo.com will send an e-mail to the seller and you notifying each party that the sale has been made, along with a reminder that you are solely responsible for contacting the seller within three (3) days. If you fail to contact the seller within (3) business days, the seller may decide to sell to someone else. The seller may also pursue any other legal action available against you. i-MarcoPolo.com does not verify, warrant, or guarantee the condition of any items offered for sale by any User or seller who publishes goods or services for sale or auction on the Site. All items are sold "AS IS" unless otherwise stated by the seller. Any complaints or problems with an item should be addressed to the seller. i-MarcoPolo.com is not involved in these or other disputes between buyers and sellers other than to provide each party, upon request, with the contact information of the other party.
i-MarcoPolo.com is not responsible for any offers to purchase "lost" due to technical problems or service interruptions. Offers to purchase are not retractable except in exceptional circumstances such as clear typographical errors. Whenever you offer to purchase an item, you are certifying that (I) you have the legal right in your jurisdiction to purchase that item; (II) the sale of such item is not subject to any United States or United Nations embargo or banned by any United Nations resolutions; and (III) you have disclosed to i-MarcoPolo.com and the seller all restrictions, laws, or regulations regarding the sale of such item. All prices are listed according to their value in U.S. dollars or Chinese Renminbi, but the seller and the buyer may at their option, mutually agree otherwise as to the currency of final sale. Each auction, classified advertisement, and exchange is independent and subject to any additional terms and conditions established by the seller. Because sellers are free to control the qualifying criteria for prospective purchasers to make offers, certain items offered for sale on i-MarcoPolo.com might not be available to you. Our auction, classified advertisement, and exchange rules, as they may be amended from time to time, are available on the i-MarcoPolo.com site. i-MarcoPolo.com may amend these rules by posting the amended rules on the i-MarcoPolo.com web site. In the event of amendments to these rules, urgent information or important news for members, a link will be placed on the i-MarcoPolo.com home page directing all members to the appropriate page.
Bidding on an Item:
Prior to bidding on a product or service offered by way of auction on the Site, you should carefully review and verify the information provided by the seller about the item for which you are contemplating bidding, as well as the terms and guidelines of the offer as set by the seller (including payment, shipping, insurance, escrow, and the like). If you have any questions about the item or the terms or guidelines, you may e-mail your questions to the seller. Please ensure that you clearly understand the terms and guidelines of the offer and all other details. DURING THE COURSE OF ANY AUCTION, I-MARCOPOLO.COM MAY REJECT ANY BID THAT I-MARCOPOLO.COM, IN ITS SOLE DISCRETION, FEELS HAS NOT BEEN MADE IN GOOD FAITH. Bids made with an invalid, expired, restricted, or revoked membership or User ID will not be processed. It is your responsibility to insure that your i-MarcoPolo.com account is current and in good standing. BY PLACING A BID, YOU ARE MAKING A LEGALLY BINDING AND IRREVOCABLE OFFER TO PURCHASE THE ITEM AT ANY PRICE UP TO YOUR MAXIMUM BID AMOUNT. IF YOUR BID IS ACCEPTED BY THE SELLER, THEN YOU ARE LEGALLY OBLIGATED TO COMPLETE THE TRANSACTION. YOUR FAILURE TO COMPLETE THE TRANSACTION WOULD BE A BREACH OF THE I-MARCOPOLO.COM USER AGREEMENT AND MAY BE LEGALLY ACTIONABLE BY THE SELLER. It could also result in disciplinary action by i-MarcoPolo.com, which may include revocation of your membership or use of the Site. Once a bid is submitted, you cannot retract or cancel it except in exceptional circumstances. Exceptional circumstances may include the seller materially changing the terms of the item after your bid or misleading typographical errors. Exceptional circumstances do not include bidding on another (perhaps similar) item, discovering an error in your bid, changing your mind, and the like. Please bid carefully! Users may not bid on items offered by their own company, their employer (including subsidiaries, parents, and related companies), or by a company owned or controlled by a member of the Users immediate family. Any attempt to circumvent this rule or interfere with the integrity of any auction or related processes may result in revocation of membership or other actions taken by i-Marco Polo. Read the i-MarcoPolo.com Member Agreement for more information. i-MarcoPolo.com reserves the right, in its discretion, to shorten or extend the length of any auction without prior notice. Members interested in a particular auction are responsible for monitoring the product page for all possible changes to the duration of the auction or other changes. i-MarcoPolo.com also reserves the right, in its discretion, to freeze an auction in progress without prior notice. All initial bids must be at least the minimum bid value specified by the seller on the applicable product page. All subsequent bids must increase by the bid increment specified by the seller on the applicable product page. Any bidder placing a bid that fails to meet the minimum bid amount or that is not the proper bid increment will be notified that such bid is rejected.
No Circumvention:
While i-MarcoPolo.com's Site offers extensive communications tools, parties may from time to time choose to negotiate via a different means of communication (i.e. facsimile, telephone, or face-to-face). However, all Users understand and agree that they must conclude their final transactions through the Site in the form of an offer/counteroffer or bidding scenario. Users further understand that this paragraph is of the essence of this Agreement and that failure to conclude final transactions online may constitute a material breach of this Agreement and may be subject to legal action brought by i-MarcoPolo.com.
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 i-MarcoPolo.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, other than taxes based on i-MarcoPolo.com's income.
Interference:
You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy any portion of the Site or the content contained therein without prior express written permission from i-MarcoPolo.com. You agree that You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site.
Feedback:
i-MarcoPolo.com welcomes your comments and feedback regarding the Site, and the products and services provided through the Site; however, i-MarcoPolo.com does not want and cannot accept any ideas, materials, or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions, and other similar submissions disclosed, submitted, or offered to i-MarcoPolo.com using the Site or otherwise (collectively, "Submissions") are not confidential and will become and remain the property of i-MarcoPolo.com. i-MarcoPolo.com shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute these Submissions in any medium and through any method of distribution, transmission, or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.
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. I-MARCOPOLO.COM EXPRESSLY
DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY POSTING AN ITEM ON THE SITE, THE POSTED ITEM
WILL BE SOLD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL I-MARCOPOLO.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 I-MARCO POLO 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 I-MARCOPOLO.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, THE GREATER OF (I) THE COMMISSIONS PAID BY YOU TO I-MARCO POLO IN THE PRECEDING TWELVE MONTHS OR (II) ONE THOUSAND DOLLARS ($1,000.00).
Indemnification:
You shall indemnify, defend and hold i-MarcoPolo.com, its officers, directors, employees, agents, and Partners (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. i-MarcoPolo.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 i-Marco Polo.
No Agency:
The relationship between You and i-Marco Polo 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 i-MarcoPolo.com until terminated by You or
i-Marco Polo, which i-Marco Polo may do at any time, without notice, in i-MarcoPolo.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.
i-MarcoPolo.com reserves the right to terminate Your registration or use of the Site for any reason at any time, in its sole discretion.
Choice of Law; Dispute Resolution:
This Agreement shall be governed by and in accordance with the laws of Hong Kong, without regard to conflicts of laws provisions. Any controversy involving i-MarcoPolo.com arising from or in any way related to this Agreement or Your use of the Site shall be heard in the appropriate court in Hong Kong and You 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 i-MarcoPolo.com,
Info@i-MarcoPolo.com , or, in the case of a User to either: (I) the e-mail address You provide to i-MarcoPolo.com during the registration process, (II) the mailing address provided to i-MarcoPolo.com during the registration process, or (III) 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.
Copyright Infringement:
If You believe that Your copyright protected material or information has been used on the Site in a manner that constitutes copyright infringement, please provide written notice to i-MarcoPolo.com.
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 affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either You or
i-MarcoPolo.com 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 i-MarcoPolo.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. |
