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THE FOLLOWING DESCRIBES THE TERMS ON WHICH ASKMEGREEN.COM, AMG, OFFERS YOU ACCESS TO OUR SERVICES. This Agreement defines the terms and conditions applicable to use our services. If you do not agree to the terms and conditions of this Agreement, do not use or access our services. Before you may use any of AMG services, you must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy. User(s) are defined as any entity accessing AMG or subsidiary web sites, by any means. AMG may amend this Agreement at any time by posting the amended terms on our site. AMG will notify user's at log-in of posting of any amended user policies. This Agreement may only be amended in writing signed by the user and AMG. 1. Eligibility. Only individuals who can form legally binding contracts under applicable law are eligible for AMG services. Our services are NOT available to : 1. Minors 2. Suspended AMG users. AMG user accounts, posting subscriptions and User Names may not be transferred or sold to another party. Business entity registration require the individual to have the authority to represent the business and to bind the entity to this Agreement. 2. Fees and Services. Registering at AMG is free. Subscription fees are charged for posting an item for sale per AMG's subscription rate schedule. AMG may change fees for our services. Fee changes become effective at the time AMG posts the new rates and affects only new subscriptions. Subscription posting may be purchased in advance or at the time an item for sale is posted. AMG may at our sole discretion change some or all of our services at any time. All fees are quoted in U.S. Dollars. The user is responsible for paying all fees associated with the posting subscription and all applicable taxes. AMG services include, but are not limited to, providing users with a source to buy and sell items based on the postings. AMG is not involved in the actual transaction between buyers and sellers. AMG does not warranty by any means, the quality, safety or legality of the items posted, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Completion of any transaction is between the buyer and/or seller. AMG may offer its own items for sale. 3. User Registation and Rating AMG does not confirm each user's purported identity. AMG maintains a feedback reporting system to rate a user's experience. Sellers are provided e-mail information for contacting the buyer. Sellers and Buyers may use a third party escrow and verification services. 4. Posted Information. AMG does not control the information posted by users. Postings may be offensive, harmful, inaccurate, or deceptive. Users are cautioned to use common sense. Additional risks include, but are not limited to, dealing with underage persons, people acting under false pretense, international trade and foreign nationals. 4.1 Event. In no event shall AMG (or its officers, directors, agents, and employees) be liable to any 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 disputes between a buyer and seller. 'Needed' postings. Potential buyers are not obligated to complete the transaction with the seller. 'Needed' postings must include an accurate item description as outlined in the 'Needed' posting form. AMG solicits feedback from the seller and buyer to determine the transaction status and user experience. This information and rating helps users in future transactions. 'For Sale' postings. Users must be legally able to sell the item(s) you list for sale. 'For Sale' postings must include an accurate item description as outlined in the 'For Sale' posting form. Potential sellers are not obligated to complete the transaction with the buyer. AMG solicits feedback from the seller and buyer to determine the transaction status and user experience. This information and rating helps users in future transactions. 5. Fraud Without limiting any other remedies, AMG may suspend or terminate your account, at our sole discretion, or if AMG suspects a user (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity. User Information. "User Information" is defined as any information you provide to AMG or other users during registration, posting, or email process. User Information is your responsibility. 6. Prohibited Activities. User Information, any posted items and activities on the site shall not: (1) be false, inaccurate or misleading; (2) be fraudulent or involve the sale of counterfeit or stolen items; (3) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (5) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; (7) offer firearms, ammunition, or related wares; (8) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (9) create liability or cause to lose (in whole or in part) the services of our ISPs or other suppliers; (10) include descriptions of goods or services that are prohibited under this Agreement. Users may not post any item or consummate any transaction that, by paying AMG fees, could cause AMG to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items. 6. License. AMG will use the User Information supplied in accordance with AMG's Privacy Policy. Users agree to grant AMG and subsidiaries 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), in any media now known or not currently known, with respect to User Information. 7. Access and Interference. AMG uses robot exclusion headers. Users agree not to use any robot, spider, other automatic device, or manual process to monitor or copy AMG web pages or the content contained herein without our prior expressed written permission. Users agree not to use any device, software or routine to bypass robot exclusion headers, or to interfere or attempt to interfere with the proper working of the AMG site or any activities conducted on our site. Users agree not to take any action that imposes an unreasonable or disproportionately large load on infrastructure. Users agree not to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for User Information) from our web site without the prior expressed written permission of AMG. 8. Feedback Ratings. 8.1 User Rating. Users may not dishonestly, maliciously, or otherwise, attempt to alter or alter a User's feedback rating or AMG feedback data system. Users can be suspended, at AMG's sole discretion, or when a user's rating exceeds a set acceptable limit. Acceptable User rating limits may be updated by AMG, at AMG's sole discretion. 8.2 External Use. A User's feedback consists of a AMG rating and other users' comments. Users agree not market or use AMG feedback ratings. 9. Breach. Without limiting other remedies, AMG may immediately remove User item listings, warn other users, suspend or terminate Users and refuse services if: (a) User breaches this Agreement or the documents it incorporates by reference; (b) User is unable to provide Verification or authentication of any supplied user information; (c) User's actions may cause financial loss or legal liability. 10. Privacy. AMG will not sell or rent User information to third parties with out prior user consent. 11. No Warranty. AMG, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AMG, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, 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. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 12. Liability Limit. IN NO EVENT SHALL AMG, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST 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 SUBSIDIARIES, EMPLOYEES, AND 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. 13. Indemnity. Users agree to indemnify and hold AMG, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party. 14. Legal Compliance. Users shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. 15. No Agency. Users and AMG are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 16. Notices. Except as explicitly stated otherwise, 1. Notices to AMG Postal mail to: S2ware, LLC Attn: Counsellor PO Box 21468 Bradenton, FL 34202 2. Notice to User User's Email address as per registration information. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, notice may be given by certified mail, postage prepaid and return receipt requested, to the address as per registration information. In such case, notice shall be deemed given 3 days after the date of mailing. 17. Claims. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by AMG to collect our fees and/or recover damages for, or obtain an injunction relating to, the AMG 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 Rhode Island and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or AMG may seek any interim or preliminary relief from a court of competent jurisdiction in Rhode Island necessary to protect the rights or property of you or AMG 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 up to $1000.00. 18. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site: 1. Privacy Policy; http://www.AskMeGreen.com/privacy.asp 2. Outage Policy; http://www.AskMeGreen.com/outage.asp 3. Posted Item Policy; http://www.AskMeGreen.com/postPolicy.asp 4. Product Return Policy; http://www.AskMeGreen.com/ProdReturn.asp Any of these policies may changed from time to time. Policies, except Privacy Policy, are effective immediately after posting the changes. Privacy Policy are effective 30 days after posting changes. Users are subject to any posted policies or rules applicable to services used. All such posted policies or rules are hereby incorporated by reference into this Agreement. 19. General. This Agreement shall be governed in all respects by the laws of the State of Rhode Island. Continuous, uninterrupted or secure access to AMG is not guaranteed. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be invalid. All remaining provisions shall be enforced. Users agree that this Agreement and all incorporated agreements may be automatically assigned by AMG, at AMG's sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure to act with respect to a user breach or others does not waive any right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 4.1 (Event), 6 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Arbitration) shall survive any termination or expiration of this Agreement.
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