HTTO: Create an Account to Buy and Sell HP Parts & Equipment

Creating HTTO Account :: Terms of Use >>

Thanks for your interest in setting up an account on Hi-Tech Trader

Before beginning the signup process, please read the following Terms of Use agreement. You must accept the Terms of Use before continuing the account creation process.

Hi-Tech Trader Online Terms Of Use	printer friendly version
HI-TECH TRADER ONLINE (hi-techtrader.com) TERMS OF USE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HI-TECH TRADER ONLINE ("HI-TECHTRADER.COM"). READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON BELOW. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS, AS WELL AS THE POLICIES BY WHICH OUR INTERNATIONAL TRANSACTIONS ARE GOVERNED. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT ACCEPT" BUTTON BELOW. 1.0 ELIGIBILITY TO UTILIZE SERVICE. Our Service is available only to Persons who have the legal capacity to enter into binding contracts and who have the legal capacity to bind the organization they represent under applicable law, and who have not had their Membership suspended or revoked. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Any use of this Service indicates the Member has said capacity and has agreed to be bound by this Agreement. For purposes of this Agreement, "Person" refers to a natural person or entity which can enter into legally binding contracts; "Member" means any person, whether a natural person or other form of entity, who utilizes the Service referred to herein; "Membership" means the relationship a Member has entered into with Hi-Tech Trader Online by accepting this Agreement; "Service" means the service offered herein which is made available to Users by Hi-Tech Trader Online at www.hi-techtrader.com and is a fee-based service which, by means of an INTERNET-based auction format, Members can complete transactions for sale or acquisition of computer and computer-related hardware, software, and services. 2.0 FEES. Hi-Tech Trader Online assesses as a FEE a set monthly charge to maintain listings in its forums. The amount assessed will be that then in effect for the type of transaction as set forth in the then-current Policies found on the Service. Member is solely responsible for any applicable taxes, and other costs incurred in the course of any transaction. Hi-Tech Trader Online may, at its sole discretion, alter the applicable Fee Policies for this Service at any time, subject to the sole restriction that the Fee Policies in effect at the time a Fee becomes due shall be the policy for that transaction. Unless otherwise stated, all Fees are quoted in U.S. dollars. 3.0 HI-TECH TRADER ONLINE IS ONLY A FACILITATOR. Hi-Tech Trader Online is a facilitator for transactions between Members and undertakes no actual transactions for itself as either a Buyer or Seller. The involvement of Hi-Tech Trader Online is limited to providing a forum for information wherein Buyers and Sellers can come to an agreement and exchange identities. As a result, Hi-Tech Trader Online has no control over quality, legality or safety of the products and services offered the, accuracy of any information provided by Members, or the ability of Sellers or Buyers to complete a transaction. Hi-Tech Trader Online cannot ensure that a given Buyer or Seller will complete a given transaction. Members agree that Hi-Tech Trader Online will not become obligated in any manner, and makes no warranties, express or implied, under any of the agreements entered into between Members. 4.0 TRANSACTIONS. Member understands that the purpose of Hi-Tech Trader Online's Service is to provide a forum for buying and selling of computer-related products and services. As such, a transaction consists of an offer to sell by a Member which has been accepted by another Member to buy, or an offer to buy by a Member which has been accepted by another Member to sell, utilizing the facilities of this Service. Member agrees that: - It will comply with all applicable laws. - It will not trade, directly or indirectly utilizing this Service, in any futures contracts or options subject to regulation by the Commodities Futures Trading Commission or under the Commodities Trading Act of 1922. - The transactions it will enter will be limited to an exchange of commodities and services for cash and not for speculative purposes. - It has the capacity to make delivery for sales or take delivery for purchases. - The transaction will not provide the ability to net or offset in lieu of Buyer taking actual delivery. - Shipment or delivery will only be delayed for purposes of commercial convenience or necessity. By entering into this Agreement, Member agrees to be bound by its offer to either sell or buy products or services while utilizing this Service. Member agrees that it will be entering into a binding contract with the other Member to the transaction being contemplated. A Member has the right to elect which offer to accept when there are multiple offers and is not obligated to accept the offer of the lowest priced Seller or highest priced Buyer. When a Member indicates it accepts the offer of a particular Buyer or Seller, then Member agrees that it will be bound by that acceptance in a binding contract between that Member and the Buyer or Seller, and that this transaction will be subject to the Fee Policy for Hi-Tech Trader Online. Member agrees that Hi-Tech Trader Online has no obligation to resolve disputes between Buyers and Sellers. Sale price manipulation of any kind, directly or indirectly, is expressly prohibited, including, but not limited to, bidding prices up or down through a secondary account or agent. 5.0 MEMBERSHIP POLICIES AND USE 5.1 Membership Policies. Hi-Tech Trader Online reserves the right to set all Policies and criteria for eligibility for Membership at its sole discretion, and to refuse, revoke or suspend Membership to any Person for any reason whatsoever. 5.2 Agreement to Be Bound by Policies. Member agrees to follow and be bound by all Policies which are available for display when using this Service and as are then in effect at the time of use. Member further agrees to review the Policies before first use and further to review and abide by any changes to said Policies as may be made available from time to time. If at any time Member is notified by Hi-Tech Trader Online that Member is not in compliance with the then-current Policies, Member agrees it will immediately revise or otherwise modify its non-compliant behavior. Hi-Tech Trader Online reserves the right to terminate or suspend Membership of any Member who is not in compliance with Policies of this Service. 5.3 Internal Use Only. Member agrees that any information obtained from this Service will be for Member's internal use only and not for dissemination to any other Person than those who are authorized representatives of Member or of Member's organization. Member shall not republish, reproduce or distribute the information contained in this Service for any other purpose than those set forth herein. 5.4 Content Restrictions. Member agrees that they will abide by the then- current Content Restriction Guidelines and Policies which may be viewed by Members via this Service at the time or times that Member provides content which may be viewed by other Members. 5.5 Commercial Use of Content. Member agrees that it will make no commercial use of any content obtained from this Service other than uses specifically authorized herein. 5.6 Maintain Communications. Member agrees to maintain the means of communications provided to Hi-Tech Trader Online for contacting Member. Should Member elect to change the means of communication, whether a change of e-mail address, phone number or physical address, or any other, Member agrees to immediately notify Hi-Tech Trader Online. 5.7 Guarantee of Member Information. By submitting information for display on this Service, the Member guarantees that the information is true and accurate at the time of submission. Members agree to be the sole guarantor of the accuracy of any information provided by them, and agree that their information: (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, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) 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; (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. 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 listing Fee or the final value Fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Policies. 5.8 Right to Terminate or Suspend. Hi-Tech Trader Online has an unconditional right to terminate or suspend a Member or Membership for any reason whatsoever at its sole discretion. 6.0 NATURE OF SERVICES 6.1 Control Over Content. Control over the content of any information supplied by a Member is entirely by that Member, other than as required by law or within the inherent limitations of the Service. Hi-Tech Trader Online will not make any representations as to the content being offered. 6.2 Safe and Trusted Transactions. The goal of Hi-Tech Trader Online is to provide safe and trusted transactions. However, due to the Service offered being limited to that of facilitator, Hi-Tech Trader Online cannot ensure that any particular transaction will be completed as understood by both parties to the transaction. Hi-Tech Trader Online will act upon any complaints as it deems appropriate at the discretion of Hi-Tech Trader Online. Because verification of the identity of a Person on the Internet is not always feasible, Hi-Tech Trader Online cannot confirm the purported identity of any individual Member. Hi-Tech Trader Online encourages the use of escrow services by Members who feel that additional security is desirable. As with any transaction, there are risks in dealing with Persons unknown to Member as well as Persons who are underage, acting under false pretenses, or foreign nationals. Hi-Tech Trader Online urges Members to use caution and common sense in all transactions. 6.3 Release. Member acknowledges and agrees that Hi-Tech Trader Online has no control over (or liability for) the quality, safety, or legality of the products and services offered, the truth or accuracy of the information made available, or the performance of any Member pursuant to any agreement entered into between Members. Member releases and agrees to defend and indemnify Hi-Tech Trader Online and its representatives from any damages, demands, or any other claim of every kind and nature, known or unknown, disclosed or undisclosed, suspected or unsuspected, arising out of or in any way connected with said disputes. Member specifically waives California Civil Code section 1542, and any similar statute in any other state, which prevents the release of unsuspected or unknown claims. 6.4 Third Party Beneficiaries. All users of the Hi-Tech Trader Online Service are intended to be third party beneficiaries of this Agreement and Member acknowledges that it is relying upon this representation and agrees to be subject to the rights and remedies of any user which may arise as a result of the actions of Member. 6.5 Links. Hi-Tech Trader Online or its Members may provide links to other Web Sites or resources. Member agrees that Hi-Tech Trader Online is not responsible for the validity of said links and does not endorse and is neither responsible nor liable for any content on or available from such Sites. Member agrees that Hi-Tech Trader Online shall not be responsible or liable, in any manner, for any direct or indirect loss or damage caused by or in connection with use or reliance on any such content on such Sites or resources. 6.6 Quantity of Content. Hi-Tech Trader Online reserves the right to establish a limit on the amount of resources utilized by submitted content from Member and Hi-Tech Trader Online assumes no responsibility for the deletion of, or failure to preserve, Member's submitted content. 7.0 ACCESS TO SERVICES 7.1 Use of Site. Hi-Tech Trader Online will make every reasonable effort to make content viewable to current and recent versions of most popular web browsers. Hi-Tech Trader Online cannot guarantee that a particular browser will be able to accurately display the content of the entire site. 7.2 No Guarantee of Availability. Hi-Tech Trader Online cannot guarantee the availability of the Service from Member location, nor can Hi-Tech Trader Online guarantee that its content will be available at any given time. Hi-Tech Trader Online will endeavor to provide commercially practicable access to its Service at all times, but cannot guarantee any particular time. Hi-Tech Trader Online reserves the right to shut down the service temporarily for maintenance or otherwise as it becomes necessary at the discretion of Hi-Tech Trader Online. 7.3 Manipulation of Information. Hi-Tech Trader Online will not manipulate any information provided by a Member other than to place it in the area allocated to Member in the format consistent with the technical limitations of the Service. Hi-Tech Trader Online reserves the right to refuse Member submitted content that does not conform to the necessary format to display on the browsers used by other members. 7.4 Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Hi-Tech Trader Online site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Hi-Tech Trader Online by our users or third parties. Members may not manipulate the price of any products or services or otherwise interfere with the offerings of other members. 7.5 Equipment. Hi-Tech Trader Online agrees to provide only such equipment that is necessary to make its Service accessible via the World Wide Web. Hi-Tech Trader Online will not provide and will not be responsible for any equipment which is necessary to provide the backbone to the Internet or any connectivity to the Internet. Member is solely responsible for its connection to the Internet and any equipment needed to display the content of the Service. 7.6 Changes in Technology. Member understands that technology may change and means other than the Internet or the World Wide Web may become available for the providing of Service. Member agrees that any content submitted for use under current technology may be migrated to newer or alternative technologies at the sole discretion of Hi-Tech Trader Online. 8.0 REPRESENTATIONS AND WARRANTIES 8.1 Organization. Hi-Tech Trader Online is a sole proprietorship duly organized, validly existing, and in good standing under the laws of the State of Oregon, has all requisite power and authority to own and operate its properties and assets and to carry on its business as now conducted and as proposed to be conducted, to execute and deliver this Agreement and to carry out the provisions of this Agreement. 8.2 Authorization. All corporate action on the part of Hi-Tech Trader Online, its officers, directors, and shareholders necessary for the authorization, execution and delivery of this Agreement, the performance of all obligations of Hi-Tech Trader Online hereunder and this Agreement constitutes a valid and legally binding obligation of Hi-Tech Trader Online, enforceable according to its terms. 8.3 Disclaimer. THIS SITE IS PROVIDED BY Hi-Tech Trader Online ON AN "AS IS" BASIS. Hi-Tech Trader Online MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS SERVICE. Hi-Tech Trader Online DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Hi-Tech Trader Online WILL NOT BE HELD LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL AND INCIDENTAL DAMAGES. No warranty of any kind is made, and any warranty is hereby specifically disclaimed, as to the accuracy of any information, whether or not provided by Hi-Tech Trader Online, that any transaction entered into by a Buyer or Seller will be completed, or that a binding contract is entered into between any Buyer and Seller for any transaction. Should improper or inaccurate content be brought to the attention of Hi-Tech Trader Online, Hi-Tech Trader Online makes no warranty that this content will be removed or corrected, though every reasonable effort will be made to correct the situation. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. 9.0 INTELLECTUAL PROPERTY 9.1 Ownership. Hi-Tech Trader Online retains all right, title and interest in and to the Services, including, without limitation, all Intellectual Property Rights. For purposes of this Agreement, "Intellectual Property Rights" means any and all legal and equitable rights, including all worldwide copyrights, patent rights, trade secrets, trademarks, confidential and proprietary information rights, all other intellectual property rights, and the related documentation or other tangible expression thereof. 9.2 Copyrights. All content on this Service, whether text, images or composition, is the property of Hi-Tech Trader Online or its content suppliers and is protected by international copyright laws. The compilation, made of the collection, assembly and arrangement of all content, is the exclusive property of Hi-Tech Trader Online and protected by international copyright laws. Any use of the content of this Service for any purpose other than that set forth herein is strictly prohibited. Member may not reproduce, republish or duplicate in any manner any text or images found on this Service for any purpose whatsoever. the event Member provides or otherwise makes accessible materials that infringe the copyrights of a third party, Hi-Tech Trader Online, at its sole discretion, reserves the right to terminate, suspend or revoke Member's access. Member agrees to release, defend and hold harmless Hi-Tech Trader Online for any direct or indirect loss or damage caused by or in connection with such infringement. 9.3 Trademarks. The mark "HI-TECH TRADER ONLINE", Hi-TechTrader.com, HTTO.net, HTTO and Hi-Tech Trader Online graphics, domain names, to include www.hi-techtrader.com, and logos are trademarks of Hi-Tech Trader Online, Inc. in the United States and other countries. Trademarks of Hi-Tech Trader Online may not be used with any other product or service than this Service. 10.0 ADDITIONAL TERMS 10.1 Entire Agreement. This Agreement constitutes the entire agreement among the parties and no party shall be liable or bound to any other party in any manner by any warranties, representations, or covenants except as specifically set forth herein. 10.2 Successors and Assigns. Except as otherwise expressly provided herein, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties. 10.3 Limits on Liability. NO SELLER OR BUYER UTILIZING THIS SERVICE SHALL BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE OR THIS AGREEMENT HOWEVER ARISING. THE LIABILITY OF Hi-Tech Trader Online, AND THE LIABILITY OF SELLERS AND BUYERS, TO MEMBER OR TO ANY THIRD PARTY IS LIMITED TO NO MORE THAN THE FEES MEMBER PAYS TO Hi-Tech Trader Online IN THE MOST RECENT TWELVE MONTHS PRIOR TO LIABILITY, SUBJECT TO APPLICABLE LEGAL LIMITATIONS. THIS SECTION IS SUBJECT TO THE PROVISIONS OF SECTIONS 6.3 (RELEASE) OR 10.4 (INDEMNITY). IF THIS SECTION IS FOUND TO BE INCONSISTENT WITH EITHER SECTION 6.3 OR 10.4, THEN THE LATTER SECTION WILL PREVAIL. 10.4 Indemnity. Member agrees to indemnify, defend and hold harmless Hi-Tech Trader Online and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including attorney's fees, made by a third party due to or arising out of any action or omission of Member, including but not limited to, any transaction, any agreement between Members, or any content provided by a Member. 10.5 Notice. Except as explicitly stated otherwise, any Notice directed to Hi-Tech Trader Online shall be given by certified mail to Hi-Tech Trader Online, Inc., 84982 Christensen Road, Eugene, OR 97405 USA, and any Notice to Member shall be given to Member's e-mail address most recently supplied to Hi-Tech Trader Online ("Notice"). Notice by e-mail shall be deemed given twenty-four hours after the e-mail is sent, unless the sending party is notified of an invalid e- mail address. If Hi-Tech Trader Online is unable to provide Notice by e-mail, then Hi-Tech Trader Online may give Notice by certified mail to the last known address of Member. 10.6 Arbitration. If any action at law or equity is necessary to resolve a dispute between the parties arising from or related to this Agreement, then the parties agree the dispute shall be settled by binding arbitration in accordance with the arbitration rules set forth by the American Arbitration Association. The arbitration shall be conducted in Eugene, Oregon, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. 10.7 Venue. Any disputes arising from this Agreement shall be decided in Eugene, Oregon, USA. This is a material term of this Agreement which was a material factor in the determination of the appropriate Fees charged by Hi-Tech Trader Online pursuant to this Agreement. 10.8 Governing Law. This Agreement shall be governed by and construed under the laws of the State of Oregon, USA, as applied to agreements between Oregon residents entered into and to be performed entirely within Oregon, without regard to any conflict of law provisions thereof. 10.9 Titles and Subtitles. The Titles and Subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 10.10 Amendments. This Agreement may be amended by Hi-Tech Trader Online at any time by posting the amended terms on its our site. All amended terms shall be effective thirty (30) days after they are initially posted on our site. 10.11 Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. 10.12 Acknowledgment. Member acknowledges that it has read and understood this Agreement and that this Agreement shall have the same force and effect as a signed agreement between the parties.