User Agreement
This Agreement helps keep Pagan Trading Post a safe place to buy and sell. Pagan Trading Post is built ontrust, and this Agreement helps promote that trust among all members of ourcommunity. THE FOLLOWING DESCRIBES THE TERMS ON WHICHPAGAN TRADING POST OFFERS YOU ACCESS TO OUR SERVICES. BY REGISTERINGWITH PAGAN TRADING POST, YOU ACCEPT THE TERMS AND CONDITIONSBELOW. We may amend this Agreement at any time. - Eligibility for Membership. Our services are availableonly to individuals who can form legally binding contracts under applicablelaw. Without limiting the foregoing, our services are not available to minors.If you do not qualify, please do not use our services.
- Fees. Our then-current Fees and Credit Policies, areincorporated herein by reference. Unless otherwise stated, all fees are quotedin U.S. Dollars. You are responsible for paying all applicable taxes and forall hardware, software, service and other costs you incur to bid, buy, procurea 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.
- PAGAN TRADING POST is Only a Venue. Our siteacts as the venue for sellers to conduct auctions and for bidders to bid onsellers auctions. We are not involved in the actual transaction betweenbuyers and sellers. As a result, we have no control over the quality, safety orlegality of the items advertised, the truth or accuracy of the listings, theability of sellers to sell items or the ability of buyers to buy items. Wecannot and do not control whether or not sellers will complete the sale ofitems they offer or buyers will complete the purchase of items they have bidon. In addition, note that there are risks of dealing with foreign nationals,underage persons or people acting under false pretense. We encourage you tocommunicate directly with a trading partner to help you evaluate with whom youare dealing.
Because we do not and cannot be involved inuser-to-user dealings, in the event that you have a dispute with one or moreusers, you release PAGAN TRADING POST (and our agents and employees)from claims, demands and damages (actual and consequential) of every kind andnature, known and unknown, suspected and unsuspected, disclosed andundisclosed, arising out of or in any way connected with such disputes. For legal reasons, we cannot nor do we try to controlthe information provided by other users (including feedback) which is madeavailable through our system. In particular, note that the pictures andgraphics displayed in seller's listing do not reside on our servers, and we donot and cannot control these. By its very nature, other peoplesinformation may be offensive, harmful or inaccurate, and in some cases will bemislabeled or deceptively labeled. We expect that you will use caution -- andcommon sense -- when using our site. - Bidding and Buying. If you bid on an item and your bidis accepted by the seller, you are obligated to complete the transaction. Bidsare not retractable except in exceptional circumstances such as the sellermaterially changing the description of the item after your bid or cleartypographical errors. You may not bid in a way that pulls other bidders totheir maximum bid, retract the high bid, and then rebid at a small incrementabove the legitimate high bidder.
- Listing and Selling. Listings are text descriptions,graphics and pictures on PAGAN TRADING POST's web site supplied byyou of either (a) the text describing the item you are listing for auction or(b) links to the text, graphics and picture(s) describing the item you arelisting for auction. You may post on PAGAN TRADING POST's site eitheror both of these listing types, provided that you place such listings in theirappropriate category, as PAGAN TRADING POST may require.
If you receive one or more bids at or above your statedminimum or reserve price, then you are obligated to complete the transaction.You may not email bidders in a currently open auction being run by a differentseller, offering similar or the same item at price levels below the current bid(bid siphoning), nor may you use an alias to place bids to make your auction ahot auction. - Your Information. Your information includes anyinformation you provide to us or other users during the registration, biddingor listing process, in any public message area or through any email feature(defined herein as "Your Information"). With respect to Your Information:
You are solely responsible for Your Information, and we act asa passive conduit for your online distribution and publication of YourInformation. However, we reserve the right to take any action with respect tosuch information we deem necessary or appropriate in our sole discretion if webelieve it may create liability for us or may cause us to lose (in whole or inpart) the services of our ISPs or other suppliers. Your Information and the sale of your item(s) onPAGAN TRADING POST: (a) shall not infringe any third party'scopyright, patent, trademark, trade secret or other proprietary rights orrights of publicity or privacy; (b) shall not violate any law, statute,ordinance or regulation (including without limitation those governing exportcontrol, consumer protection, unfair competition, antidiscrimination or falseadvertising); (c) shall not be defamatory, trade libelous, unlawfullythreatening or unlawfully harassing; (d) shall not be obscene, contain childpornography or other pornographic or indecent material; (e) shall not containany viruses, Trojan horses, worms, time bombs, cancelbots or other computerprogramming routines that are intended to damage, detrimentally interfere with,surreptitiously intercept or expropriate any system, data or personalinformation; and (f) shall not link directly to or include descriptions ofgoods or services that: (i) are identical to other items you have up forauction but are priced lower than your auction item's reserve or minimum bidamount; (ii) are concurrently listed for auction on a web site other thanPAGAN TRADING POST's; or (iii) you do not have a right to link to orinclude. Furthermore, you may not post on our site or sell through our site anyitem that, by paying to us the listing fee, could cause us to violate anyapplicable law, statute, ordinance or regulation. Solely to enable PAGAN TRADING POST to use YourInformation you supply us with, so that we are not violating any rights youmight have in that information, you agree to grant us a non-exclusive,worldwide, perpetual, irrevocable, royalty-free, sublicenseable (throughmultiple tiers) right to exercise the copyright and publicity rights (but noother rights) you have in Your Information, in any media now known or notcurrently known, with respect to Your Information. PAGAN TRADING POSTwill only use Your Information in transaction emails. - No Price Manipulation. Sellers may not manipulate theprice of their item, either by using a shill (a secondary account or thirdparty) or by bidding themselves.
- System Integrity. You may not use any device, softwareor routine to interfere or attempt to interfere with the proper working of thePAGAN TRADING POST site or any auction being conducted on our site.You may not take any action which imposes an unreasonable or disproportionatelylarge load on our infrastructure. You may not disclose or share your passwordto any third parties or use your password for any unauthorized purpose.
- Breach. We may terminate your membership and any of yourcurrent auctions immediately if you breach this Agreement or if we are unableto verify or authenticate any information you provide to us.
- Privacy. Our then-current privacy policies areincorporated herein by reference.
- No Warranty. WE AND OUR SUPPLIERS PROVIDE THEPAGAN TRADING POST WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANYWARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLYDISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow thedisclaimer of implied warranties, so the foregoing disclaimer may not apply toyou. This warranty gives you specific legal rights and you may also have otherlegal rights which vary from state to state.
- Limit of Liability. IN NO EVENT SHALL WE OR OURSUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL ORCONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF ORIN CONNECTION WITH THIS AGREEMENT.
Some states do not allow the limitation of liability,so the foregoing limitation may not apply to you. - General Compliance with Laws. You shall comply with allapplicable laws, statutes, ordinances and regulations regarding your use of ourservice and your bidding on, listing, purchase and sale of items.
- No Agency. You and PAGAN TRADING POST areindependent contractors, and no agency, partnership, joint venture,employee-employer or franchiser-franchisee relationship is intended or createdby this Agreement.
- Notices. Except as explicitly stated otherwise, anynotices shall be given by email to Administrator (in the case ofPAGAN TRADING POST) or to the email address you provide toPAGAN TRADING POST during the registration process (in your case), orsuch other address as the party shall specify. Notice shall be deemed given 24hours after email is sent, unless the sending party is notified that the emailaddress is invalid. Alternatively, we may give you notice by certified mail,postage prepaid and return receipt requested, to the address provided toPAGAN TRADING POST during the registration process. In such case,notice shall be deemed given 3 days after the date of mailing.
- General. This Agreement shall be governed in allrespects by the laws of the State of Pagan Trading Post as such laws are appliedto agreements entered into and to be performed entirely within Floridabetween Florida residents. Both parties submit to jurisdiction in Florida and further agree that any cause of action arising under thisAgreement shall be brought exclusively in a court in North Port, Florida.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 ofour control. If any provision of this Agreement is held to be invalid orunenforceable, such provision shall be struck and the remaining provisionsshall be enforced. Headings are for reference purposes only and in no waydefine, limit, construe or describe the scope or extent of such section. Ourfailure to act with respect to a breach by you or others does not waive ourright to act with respect to subsequent or similar breaches. This Agreementsets forth the entire understanding and agreement between us with respect tothe subject matter hereof.
- Disclosures. The services hereunder are offered by Pagan Trading Post, 1390 McCrory Street, North Port, Florida 34286.
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