Terms And Conditions
Welcome to Seekaprice.com. Any person wishing to access this site to sell or buy goods, or use any other services provided on this Site (collectively, the "Services") must agree to the terms and conditions of this User Agreement as they are listed. Review the Terms and Conditions Carefully - if you do not agree with them, do not use the site. By Registering and using the Services of this site, you are agreeing to all the Terms and Conditions of this User Agreement, Policies and Guidelines referenced by this site.
Modification to the Service
Seekaprice.com reserves the right to modify or change any of the Terms and Conditions of this User Agreement, Polices or Services, at any time at their sole discretion. Changes will become effective by posting the revisions on this Site. As a User it is your responsibility to review any notice and applicable changes. Any changes to Terms and Conditions, Polices and Services may be posted without notice to Users. Please review this page frequently. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING SEEKAPRICE.COM's POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
Eligibility to Use Site and Services
To use this site and services, you must be at least 18 years of age and be able to lawfully enter into a legally binding contract in accordance with applicable laws. Our services are not available to minors. If you do not qualify, please do not visit or use our services. If you are temporarily or indefinitely suspended from our site, you cannot visit or use our services. If you are eligible to use this site and our services, you must complete the Registration process by providing Seekaprice with true and correct information as requested on Seekaprice's registration form. If any of the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account.
Seekaprice claims no ownership to any Content submitted by you or made available for inclusion on the Site or through the Services offered by Seekaprice. By submitting or making available any Content you submit for inclusion on publicly accessible areas of the Service, you grant Seekaprice a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights and no other rights, you have in the content, in any media known now or in the future. (These rights are needed to host and display your content) By posting content, you represent and warrant that you own or otherwise control all of the rights as to the content. You also represent that use of the content you supply is accurate and does not violate this policy, will not cause injury to any person or entity and that you indemnify Seekaprice, its employees and affiliates from any and all claims as a result of the content you supply.
Limitation of Liability - Non Warranty
Seekaprice is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality of the items advertised, the truth or accuracy of the listings, the ability of the sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of the items they offer or buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. All risk is taken by the individual buyers and sellers.
SEEKAPRICE.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. SEEKAPRICE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, JOINT VENTURES, PARENT COMPANIES, CONTRACTORS, SUPPLIERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
By using this site and the services it offers you agree and understand that Seekaprice.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
We don't transfer legal ownership of items from the seller to the buyer, and nothing in this agreement will modify the governing provisions of State Commercial Code and Uniform Commercial Code, under which the seller transfers legal ownership of an item upon physical delivery of the item to the buyer. Unless, the buyer and the seller agree on something else, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, with State Commercial Code and Uniform Commercial Code. So, we cannot guarantee continuous or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we don't include all implied warranties, terms or conditions. We aren't liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of the use of our Site. Some jurisdictions don't allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Notwithstanding the preceding paragraph, if Seekaprice is found to be liable, our liability to you or to any third party is limited to the greater (a) the total fees paid by you to us in the 12 months preceding the action giving rise to the liability, and (b) $100.
Because user authentication on the Internet is difficult, Seekaprice cannot and does not guarantee that each user is who they claim to be. Therefore, because you must be careful in dealing with others to avoid fraud, we have established a user initiated feedback system to help you evaluate who you are dealing with. We encourage you to communicate directly with a seller/buyer to help you evaluate who you are dealing with.
Disputes and Release
Because we do not and cannot get involved in disputes between users, in the event that you have a dispute with one or more users, you hereby release Seekaprice (including all officers, subsidiaries, directors, licensors, joint ventures, employees, parent companies, contractors, suppliers, and agents) 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. You also agree as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Seekaprice and the Community work together to keep our site working correctly and the Community safe. Please report any of the following, problems, offensive content, and policy violations to us.
Using our Site to transmit or forward, either directly or indirectly, any opted-out commercial e-mail ("Spam"), is strictly prohibited by Seekaprice.com. Seekaprice.com also prohibits its members from sending Spam, or delivering Spam or causing Spam to be delivered to any of Seekaprice.com's Services or customers.
Monitoring and Disclosure
We might limit, suspend, or terminate our service and user accounts, forbid access to our website, remove hosted content, and also take technical and legal steps to keep users off our Site, if we think they're creating problems, possible legal obligation, or acting unfairly with the letter or soul of our policies. We also have the right to cancel unconfirmed accounts.
You may not disclose, share, or distribute your password to any third party. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish. If you unable to login to your account with correct User ID and Password, you must notify Seekaprice.com immediately. You must ensure that you exit from your account at the end of each session.
Access and Interference
No party affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the Seekaprice.com's web site. Including, but is not limited to, the use of any software, device, or programming routine that could place an excessive load on our system or interfere with any listing or auction listed on our site, or any users account or information. You also agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You may not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Seekaprice.com and the appropriate third party, as applicable. You may not bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You also may not use our site or service to distribute viruses or any other technologies that may harm Seekaprice.com or others.
You agree to hold us 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, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
All notices given between both parties (You and Seekaprice's) will be made via email, certified mail, regular mail, or registered mail. Notices we send to you will be addressed to the email address provided by you during the registration process or currently on file in your account with us.
The Site and Services may only be used for lawful purposes and in a lawful manner. You may not offer for sale or sell items to any buyer in a jurisdiction where the item or terms of the sale violate applicable laws or regulations. You also may not offer for auction any item that violates Seekaprice's policies. You agree to 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 through our site. Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, or manner of sale or exchange, that may pertain to transactions in which they participate.
No Partnership / Agency
At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Violation of User Agreement
Should you violate any portion of this User Agreement, we may terminate your account, registration temporarily or permanently. Termination or suspension includes any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.
Failure by Seekaprice.com to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Seekaprice's right to subsequently enforce such provision or any other provisions of this Agreement.
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the Site,
These policies may be changed from time to time. Changes take effect when we post them on our Site. When you use particular services on our Site, you are liable to any posted policies or rules applicable to services you use on our Site, which might be posted from time to time. All of these policies or rules are hereby incorporated into this Agreement.
Seekaprice.com's accounting is located at 3651 Lindell, Suite D, Las Vegas, NV 89103, U.S.A. If any provision of this Agreement is held to be wrong 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 on this User Agreement are for reference only and do not limit the extent and scope of such section.
This Agreement can be amended at any time by posting the amended terms on our Site. Except as stated elsewhere, the amended terms will be effective 10 days after the initial posting on our Site. Notification may also be through our Site's message center tools.
Seekaprice.com reserves the right to refuse service to anyone.
By using this site, you agree that your Seekaprice.com account is non-transferable and any rights to your User ID or contents within your account may terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Seekaprice does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, product inaccuracies, unlawful items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, but does reserve the right to do so. Seekaprice.com has the sole and absolute discretion to correct any inaccurate listing, product inaccuracies, inappropriately categorized items or technical problems on the Site.
It is agreed and understood that it is the seller's and the buyer's responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. It is also agreed to that Seekaprice.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.
The Agreement, terms and conditions herein, shall be governed by the laws of Seekaprice's domicile without regard to its conflict of law provisions. Further you submit to the legal jurisdiction of Seekaprice's domicile and agree that any legal action or proceeding regarding this Agreement and relationship between you and Seekaprice.com, whether it be on a local, state, province or federal level, shall be brought within the domiciled jurisdiction of Seekaprice. It is agreed by you and Seekaprice.com that any cause of action arising out of or related to the Seekaprice.com web sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.