Prohibited Items. The listing or posting of the following are STRICTLY PROHIBITED on ENCTrader.com: (a) commercial business advertising, (b) illegal firearms; (c) adult-themed, pornographic, obscene, nude, graphically violent, and other inappropriate images or items; (d) illegal items or materials; (e) any other items, material, services, or subject matter that ENCTrader.com, in its sole discretion, regards as inappropriate for its Website. Posting of these types of materials may result in deletion and suspension of current and future ads, and in some cases may result in criminal charges either from ENCTrader.com, other users of the system, or possibly even from legal authorities that might monitor our system with or without our knowledge.
General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
Warranty. No warranty is provided. The enctrader.com website is provided "as is", therefore to the maximum extent permitted by applicable law, enctrader.com and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement, with regard to web pages, scripts, databases, any written correspondence, and the provision of or failure to provide support services.
Indemnification. You agree to indemnify, defend and hold ENCTrader.com and its partners, officers, staff and affiliates harmless from any liability, loss, claim and expense, including attorneys' fees, related to your violation of this Agreement.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control.
Data. ENCTrader.com does not guarantee preservation of data, including, but not limited to, data of specific transactions.
Your Information. Your information includes any information you provide to ENCTrader.com or other users during the posting, bidding or listing process, in any public message area or through any email feature (referred to herein as "Your Information"). With respect to Your Information: (a) You are solely responsible for Your Information and its accuracy. Providing false information or information which ENCTrader.com, in its sole discretion, believes may create liability for it or may cause it to lose (in whole or in part) the services of our ISPs or other suppliers is not allowed. (b) Your Information and the sale of your item(s) 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). (c) Your Information and the sale of your item(s) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. (d) Your Information and the sale of your item(s) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. (e) Your Information and the sale of your item(s) shall not be obscene, pornographic or indecent. (f) Your Information and the sale of your item(s) shall not contain any viruses, denial of service, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. (g) You may not post on ENCTrader.com or sell through your site an item that, could cause ENCTrader.com to violate any applicable law, statute, ordinance or regulation.
Limit of Liability. To the maximum extent permitted by applicable law, in no event shall enctrader.com or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the user of or inability to use the enctrader.com site or the provision of or failure to provide support services, even if enctrader.com has been advised of the possibility of such damages. (however arising, including negligence) arising out of or in connection with this agreement.
Caution. ENCTrader.com does not guarantee that it will notice or prevent any inappropriate use of our system. ENCTrader.com also does not guarantee that it will notice or prevent users from registering with false personal information. ENCTrader.com advises you, and, by your assent to this agreement, you agree, to exercise the same caution in doing business with users of this system that a reasonable person would exercise in doing business with a stranger.
Limited Right to Use. The viewing, printing, or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). The content, organization, graphics, design compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
To the maximum extent permitted by applicable law, our liability, and the liability of our suppliers, to you or any third parties in any circumstances is limited to the greater of any fee you paid to the Site in the 6 months prior to the action giving rise to liability, or u.s. $3.00.
Notices. Except as explicitly stated otherwise, any notices shall be given by email to webmaster@ ENCTrader.com (in the case of ENCTrader.com) or to the email address you provide to ENCTrader.com during the posting process (in your case), or such other address as the party shall specify. 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 notice by certified mail, postage prepaid and return receipt requested, to the address provided to ENCTrader.com during the posting process. In such case, notice shall be deemed given 3 days after the date of mailing.
Unsolicited Commercial Email. Users are prohibited from sending unsolicited commercial email to other users
Fees. There are NO fees originating from ENCTrader.com. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
ENCTrader.com is Only a Portal. Unless ENCTrader.com is listed as the seller, ENCTrader.com is not a party to the transaction. ENCTrader.com does not and cannot act as a guarantor for any listing in which it is not a party. Sellers are solely responsible for the availability and distribution of products, their rights to sell the products, the processing of orders, and any warranties. Buyers are responsible for their ability to participate and are solely responsible for payment. Also, ENCTrader.com is not responsible for the quality, safety, or legality of the items advertised or the truth and accuracy of the listings.
ENCTrader.com cannot be involved in user-to-user dealings. In the event that you have a dispute with one or more users, you release ENCTrader.com (and our agents 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.
Amendments. ENCTrader.com reserves the right to make changes to this Agreement at any time by posting the amended terms on the ENCTrader.com Website. Amended terms shall automatically be effective 15 days after they are posted. This Agreement may not be otherwise amended except in writing agreed to and signed by both parties.