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AvionicsList.com User Agreement
The following describes the terms on which AvionicsList.com offers you access to our services. Introduction Welcome to AvionicsList.com. By using the services available from the domain and sub-domains of www.AvionicsList.com (the "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with AvionicsList.com Inc. and the general principles for the web sites of our subsidiaries and international affiliates. If you have any questions, please contact the webmaster of the Site. Before you may post listings on AvionicsList.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other AvionicsList.com branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites. This Agreement is effective on January 4th, 2006 for current users, and upon acceptance for new users. Using AvionicsList.com While using the Site, you will not: * post content or items in an inappropriate category or areas on the Site; * violate any laws, third party rights, or our policies; * use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site; * fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; * fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; * manipulate the price of any item or interfere with other user's listings; * post false, inaccurate, misleading, defamatory, or libelous content (including personal information); * transfer your AvionicsList.com account (including feedback) and User ID to another party without our consent; * distribute or post spam, chain letters, or pyramid schemes; * distribute viruses or any other technologies that may harm AvionicsList.com, or the interests or property of AvionicsList.com users; * copy, modify, or distribute content from the Site and AvionicsList.com's copyrights and trademarks; or * harvest or otherwise collect information about users, including email addresses, without their consent. Abusing AvionicsList.com AvionicsList.com and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.) Liability You will not hold AvionicsList.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional marketplace. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, 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." Access and Interference The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to AvionicsList.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: * take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; * copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of AvionicsList.com and the appropriate third party, as applicable; * interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or * bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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