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uniTender User Agreement
Introduction
Welcome to uniTender.com. By using uniTender (including its services and tools), you agree to the terms and general principles described in this User Agreement. This Agreement is effective on April 15, 2011.
Scope
Before you may register with uniTender.com, you must read and accept all of the terms in, and linked to this User Agreement and the uniTender Privacy Policy. We recommend that, as you read this User Agreement, you also access and read any linked information.
By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the uniTender site or services, or when you use the tools we make available to interact with uniTender.
Using uniTender.com
While using the uniTender.com site, services and tools, you will not:
Abusing uniTender
uniTender works to keep its sites and services working properly and its users safe. Please report problems and policy violations to us. If you believe that your intellectual property rights have been violated, please notify us and we will investigate. Without limiting other actions, we may limit, suspend or terminate our service and user accounts, prohibit access to our site and their content, services and tools, delay or remove content, and take technical and legal steps to keep users off the site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with this User Agreement. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue uniTender sites, services or tools.
Buyer and Seller Protection
Buyers and sellers share the responsibility for making sure transactions facilitated by uniTender are rewarding and hassle-free.
In case of dispute, we strongly encourage buyers to work with sellers before opening a claim relating to a transaction.
The user agrees that using uniTender to facilitate a transaction does not consitute a transaction by itself. The use of uniTender to facilitate a transaction assumes that prior to the auction the buyer and seller conditions are agreed by all participants and are specific to the auctionned contract.
Bidding or organizing an auction using uniTender's auction services are not binding transactions. The auction organizer and participants agree that prior to any auction hosted by uniTender, the binding nature of the auction should be clarified among buyers and bidders.
As such, uniTender cannot take part in solving any disputes emerging from any transactions, or lack of transactions, among the users of uniTender site, services or tools.
Users agree that uniTender's role in a resolution process is limited to clarifing in writing (e-mail) the relevant time of auction open, close or suspension, as well as the bids value and time. Moreover, users agree that uniTender.com may charge up to USD 100.00 for each information request per auction.
Fees and Services
Registring with uniTender for auctionning or bidding is free.
We charge fees for using some services, like advanced auctions. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to that fees are effective immediatly upon acceptance.
We may choose to temporarily change the fees for our services for promotional events or new services, without a bidding nature for future orders.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us or retaining collection agencies and legal counsel.
Content
When you give us content, either by inputing text or uploading a file to our server, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Advice
Some content in uniTender.com may be wrongly interpreted as advice, rather than common-sense statements. If you think that any statements or other content on uniTender site may be wrongly interpreted you have the obligation to inform us. The user of uniTender.com agrees that it shall not consider any content on uniTender.com as business advice, consultancy or any other form of speciallized information, thus releasing uniTender.com from any liabilities related to mis-information.
Limitation of Liability
You will not hold uniTender responsible for other users content, actions or inactions, items they list or their deletion of items.
You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats.
We are not involved in the actual transaction between buyers and sellers.
While we may help facilitate the resolution of disputes through information disclosure, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users content, 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 or return an item.
For all auctions, a bid or offer initiates a non-binding transaction representing a buyers or seller's reasonable expression of interest in buying or selling the sellers or buyer's item and does not create a formal contract between the buyer and the seller.
Buyers and Sellers (Users) agree irrevocably that uniTender.com does not transfer legal ownership of items from the seller to the buyer.
Further, we cannot guarantee continuous or secure access to our site, services or tools, and operation of our sites, services or tools 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, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so if these disclaimers do not apply to you, then you agree not to use uniTender.com site, services or tools.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the total fees you paid to us in the 3 months prior to the action giving rise to the liability.
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.
Access and Interference
You agree that you will not:
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the uniTender.com Privacy Policy. We view protection of users' privacy as a very important principle.
We store and process your information on computers located in the United States and/or European Community that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
We may use your Company information and auction related item descriptions to perform statistics, benchmarks or to provide alerts to interested users for marketing or other purposes based on keywords, geographical location or other criteria. However, we do not provide your personal information to other users. For this purpose, user names, user e-mail addresses and personnal telephone contact information is considered personal information. Company addresses, institutional e-mail addresses, website addresses or general telephone numbers are not considered personal information and hereby you authorize uniTender.com to provide non-personal information to other users.
Indemnity
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.
Affiliates
uniTender.com may use affiliates to publicize it's site, services and tools. Affiliates agree that driving traffic or getting new clients for uniTender.com does not constitute any legal right over revenues generated by that client, other that explicitly stated by affiliate compensation conditions at the time of the user registration.
uniTender.com users agree that compensation may be paid to affiliates for the publicitation of uniTender.com site, services and tools. Moreover, the use of registration codes or discount codes uppon user registration with uniTender.com is an explicit recognition that an affiliate and somehow publicized uniTender's site, service or tools to the user.
Affiliates and users agree that and affiliate does not represent an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with uniTender. Thus an affiliate may not make binding contracts with users.
Notices
Except as explicitly stated otherwise, legal notices shall be served to the email addresses you provide to uniTender.com during the registration process. 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 legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes
If a dispute arises between you and uniTender.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and uniTender.com0 agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the website contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of Portugal, EU as they apply to agreements entered into and to be performed entirely within Portugal between Portugal residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against uniTender.com must be resolved exclusively by a court located in Lisbon City, Portugal, EU, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Lisbon City, Portugal for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 (USD), uniTender may request relief by electing to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. in the event uniTender elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution provider designated by uniTender.
The alternative dispute resolution provider and the parties must comply with the following rules:
Additional Terms
The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:
Outage Policy: uniTender.com expected services availability is 95% of the time for yearly measurements. This means that outages are expected.
uniTender's policy for compensating users for outages is that any fee's related to auctions affected by the outage will be credited to the users uniTender account on the form of credits.
Free auctions have no fees, thus no credits are due in the case of outage.
These policies may be changed from time to time. Changes take effect when we post them on the uniTender.com site. When using particular services on our site, you are subject to any posted policies or rules applicable to services you use through the site, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.
Welcome to uniTender.com. By using uniTender (including its services and tools), you agree to the terms and general principles described in this User Agreement. This Agreement is effective on April 15, 2011.
Scope
Before you may register with uniTender.com, you must read and accept all of the terms in, and linked to this User Agreement and the uniTender Privacy Policy. We recommend that, as you read this User Agreement, you also access and read any linked information.
By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the uniTender site or services, or when you use the tools we make available to interact with uniTender.
Using uniTender.com
While using the uniTender.com site, services and tools, you will not:
- post inappropriate content;
- violate any laws or any third party rights;
- use our site, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using uniTender.com;
- manipulate the price of any item without the intention to buy or sell that item;
- circumvent or manipulate uniTender's fee structure or the the billing process;
- post false, inaccurate or misleading content (including personal information);
- transfer your uniTender account to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm uniTender or its users;
- copy, modify or distribute rights or content from the uniTender site, service or tools or uniTender's copyrights and trademarks;
- collect information about users, including email addresses, without written prior consent from uniTender and its users.
Abusing uniTender
uniTender works to keep its sites and services working properly and its users safe. Please report problems and policy violations to us. If you believe that your intellectual property rights have been violated, please notify us and we will investigate. Without limiting other actions, we may limit, suspend or terminate our service and user accounts, prohibit access to our site and their content, services and tools, delay or remove content, and take technical and legal steps to keep users off the site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with this User Agreement. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue uniTender sites, services or tools.
Buyer and Seller Protection
Buyers and sellers share the responsibility for making sure transactions facilitated by uniTender are rewarding and hassle-free.
In case of dispute, we strongly encourage buyers to work with sellers before opening a claim relating to a transaction.
The user agrees that using uniTender to facilitate a transaction does not consitute a transaction by itself. The use of uniTender to facilitate a transaction assumes that prior to the auction the buyer and seller conditions are agreed by all participants and are specific to the auctionned contract.
Bidding or organizing an auction using uniTender's auction services are not binding transactions. The auction organizer and participants agree that prior to any auction hosted by uniTender, the binding nature of the auction should be clarified among buyers and bidders.
As such, uniTender cannot take part in solving any disputes emerging from any transactions, or lack of transactions, among the users of uniTender site, services or tools.
Users agree that uniTender's role in a resolution process is limited to clarifing in writing (e-mail) the relevant time of auction open, close or suspension, as well as the bids value and time. Moreover, users agree that uniTender.com may charge up to USD 100.00 for each information request per auction.
Fees and Services
Registring with uniTender for auctionning or bidding is free.
We charge fees for using some services, like advanced auctions. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to that fees are effective immediatly upon acceptance.
We may choose to temporarily change the fees for our services for promotional events or new services, without a bidding nature for future orders.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us or retaining collection agencies and legal counsel.
Content
When you give us content, either by inputing text or uploading a file to our server, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Advice
Some content in uniTender.com may be wrongly interpreted as advice, rather than common-sense statements. If you think that any statements or other content on uniTender site may be wrongly interpreted you have the obligation to inform us. The user of uniTender.com agrees that it shall not consider any content on uniTender.com as business advice, consultancy or any other form of speciallized information, thus releasing uniTender.com from any liabilities related to mis-information.
Limitation of Liability
You will not hold uniTender responsible for other users content, actions or inactions, items they list or their deletion of items.
You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats.
We are not involved in the actual transaction between buyers and sellers.
While we may help facilitate the resolution of disputes through information disclosure, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users content, 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 or return an item.
For all auctions, a bid or offer initiates a non-binding transaction representing a buyers or seller's reasonable expression of interest in buying or selling the sellers or buyer's item and does not create a formal contract between the buyer and the seller.
Buyers and Sellers (Users) agree irrevocably that uniTender.com does not transfer legal ownership of items from the seller to the buyer.
Further, we cannot guarantee continuous or secure access to our site, services or tools, and operation of our sites, services or tools 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, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so if these disclaimers do not apply to you, then you agree not to use uniTender.com site, services or tools.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the total fees you paid to us in the 3 months prior to the action giving rise to the liability.
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.
Access and Interference
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 sites without the prior express written permission of uniTender and the appropriate third party, as applicable. Regarding this clause, uniTender.com hereby grants the right to search engines to crawl and share previews of uniTender's site. These include, but are not limited to: Google, Bing and Yahoo.
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools;
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the uniTender.com Privacy Policy. We view protection of users' privacy as a very important principle.
We store and process your information on computers located in the United States and/or European Community that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
We may use your Company information and auction related item descriptions to perform statistics, benchmarks or to provide alerts to interested users for marketing or other purposes based on keywords, geographical location or other criteria. However, we do not provide your personal information to other users. For this purpose, user names, user e-mail addresses and personnal telephone contact information is considered personal information. Company addresses, institutional e-mail addresses, website addresses or general telephone numbers are not considered personal information and hereby you authorize uniTender.com to provide non-personal information to other users.
Indemnity
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.
Affiliates
uniTender.com may use affiliates to publicize it's site, services and tools. Affiliates agree that driving traffic or getting new clients for uniTender.com does not constitute any legal right over revenues generated by that client, other that explicitly stated by affiliate compensation conditions at the time of the user registration.
uniTender.com users agree that compensation may be paid to affiliates for the publicitation of uniTender.com site, services and tools. Moreover, the use of registration codes or discount codes uppon user registration with uniTender.com is an explicit recognition that an affiliate and somehow publicized uniTender's site, service or tools to the user.
Affiliates and users agree that and affiliate does not represent an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with uniTender. Thus an affiliate may not make binding contracts with users.
Notices
Except as explicitly stated otherwise, legal notices shall be served to the email addresses you provide to uniTender.com during the registration process. 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 legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes
If a dispute arises between you and uniTender.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and uniTender.com0 agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the website contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of Portugal, EU as they apply to agreements entered into and to be performed entirely within Portugal between Portugal residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against uniTender.com must be resolved exclusively by a court located in Lisbon City, Portugal, EU, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Lisbon City, Portugal for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 (USD), uniTender may request relief by electing to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. in the event uniTender elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution provider designated by uniTender.
The alternative dispute resolution provider and the parties must comply with the following rules:
- (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Lisbon, Portugal, EU.
Additional Terms
The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:
Outage Policy: uniTender.com expected services availability is 95% of the time for yearly measurements. This means that outages are expected.
uniTender's policy for compensating users for outages is that any fee's related to auctions affected by the outage will be credited to the users uniTender account on the form of credits.
Free auctions have no fees, thus no credits are due in the case of outage.
These policies may be changed from time to time. Changes take effect when we post them on the uniTender.com site. When using particular services on our site, you are subject to any posted policies or rules applicable to services you use through the site, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.