M.J. Trading Co., LLC. – MoneyJingle.com
Terms and Conditions of Use
1.
Agreement. The following describes the terms and conditions of our agreement for your sue of our services at http://www.moneyjingle.com/ and the general principles of our International affiliates. If you have any questions, please contact us by e-mail at info@moneyjingle.com. This Agreement may not be amended except in writing signed by you and M.J. Trading Co., LLC. Inc.
2.
MoneyJingle.com is Only a Venue. The MoneyJingle.com site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of formats. However, we are not involved in the actual transaction between buyers and sellers. We cannot ensure that a buyer or seller will actually complete a transaction, and have no responsibility in this respect.
3.
Release. 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 M.J. Trading Co., LLC. (and our officers, directors, agents, affiliates, 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.
4.
Information Control. We do not control the information provided by users, which is made available through our system. A user’s information may 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 underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
5.
Your Information.
- Definition. “Your Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
- Restrictions. You agree that Your Information (or any items listed): (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 publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully harassing; (f) shall not be obscene and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) 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 (i) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or that 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 our fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violated current prohibited, questionable and infringing items.
- License. Solely to enable M.J. Trading Co., LLC. 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, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights) (but no other rights) you have in your Information in any media not known or not currently known, with respect to your Information. M.J. Trading Co., LLC. will only use Your Information in accordance with our privacy policy and as you agree.
6.
Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the Agreement 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, or other users, or to us.
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Privacy. We may use third parties to verify and certify our privacy principles. These organizations are dedicated to building trust in the Internet by having member organizations such as e.Promotions, Inc. disclose information practices.
8.
No Warranty. OUR SUPPLIERS AND WE PROVIDE OUR WEBSITE AND SERVICES ‘AS IS’ AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. OUR SUPPLIERS AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR 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. Our implied warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
9.
Liability Limit. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LAST 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).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10.
Indemnity. You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim to demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
11.
Legal Compliance. You agree to comply with all applicable laws, statutes, ordinances, rules and regulations, both domestic and international, regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
12.
No Agency. You and M.J. Trading Co., LLC. and MoneyJingle.com are independent contractors, and no agency, partnership, joint venture, employeeemployer of franchiser-franchisee relationship is intended or created by the Agreement.
13.
Notices. Except as explicitly stated otherwise, any notices shall be given by U.S. mail to M.J. Trading Co., LLC., 219 West Bryan Street, Suite 203, Savannah, Georgia 31401 (in the case of M.J. Trading Co., LLC.) or to the e-mail address you provide to us (in your case). Notice shall be deemed given 24 hours after the 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.Promotions, Inc. In such case, notice shall be deemed given 3 days after the date of the mailing.
14.
Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by M.J. Trading Co., LLC., Inc./MoneyJingle.com to collect our fees and/or recover damages for, or obtain an injunction relation to, the M.J. Trading Co., LLC./MoneyJingle.com site operations, intellectual property, and 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 an 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 Sarasota, Florida, and judgment of the arbitration award may be entered into in the United Stated District Court of Florida. Either you or M.J. Trading Co., LLC./MoneyJingle.com may seek any interim or preliminary relief from the United States District Court for Florida necessary to protect the rights or property of you or M.J. Trading Co., LLC./MoneyJingle.com pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs.
15.
Domain Name Registration. If this option is taken, M.J. Trading Co., LLC. will purchase this name for you to promote and is not responsible for the promotion at your .com/.biz or other approved domain forum.