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AAAOE.COM
TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
The following describes the terms and conditions of the Agreement
between you and AAAOE.COM ("AAAOE.COM"), under which
AAAOE.COM offers you access to the Service. Use of the Service
indicates that you accept the terms and conditions set forth
below. If you do not accept all of the terms and conditions,
please do not use the Service. AAAOE.COM provides its service
to you ("Member"), subject to the following Terms
of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most
current version of the TOS at any time at: http://AAAOE.COM/info/terms/.
In addition, when using particular AAAOE.COM services, you
and AAAOE.COM shall be subject to any posted guidelines or
rules applicable to such services, which may be posted from
time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS. AAAOE.COM also may offer other
services from time to time, such as AAAOE.COM Web Hosting
that is governed by different Terms of Services. These TOS
do not apply to the AAAOE.COM Web Hosting or such other services.
AAAOE.COM currently provides users with access to a rich
collection of resources, including, various communications
tools, forums, shopping services, personalized content and
branded programming through its network of properties (the
"Service"). You also understand and agree that the
Service may include advertisements and that these advertisements
are necessary for AAAOE.COM to provide the Service. Unless
explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new
AAAOE.COM properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and
"AS AVAILABLE" and that AAAOE.COM assumes no responsibility
for the timeliness, deletion, mis-shipment, improper delivery
or failure to store any user communications or personalization
settings.
Please be aware that AAAOE.COM has created certain areas
on the Service that contain adult or mature content. You must
be at least 18 years of age to access and view such areas.
2. DESCRIPTION OF SERVICE
2.1 AAAOE.COM currently provides users with access to a rich
collection of resources, including, various communications
tools, forums, shopping services, personalized content and
branded programming through its network of properties; The
Service is offered on a subscription basis and has the following
features (which may be added to or modified, or suspended
for scheduled or unscheduled maintenance purposes, from time
to time at the sole discretion of AAAOE.COM and notified to
you):
(a) Product Catalogue - allows each Member to post information
and display images of their products, as well as allows each
Member to edit or modify such information and images;
(b) Priority Placement - lists each Member's product catalogue
and trade leads and company lists in priority to similar information
posted by non-Members on the AAAOE.COM website;
(c) Business Profile - provides information such as description
of each Member's business, employees, activities on the Site,
certifications, business referees and remarks from business
partners;
(d) Responses - allows each Member to post comments and/or
respond to comments made by other Members with whom there
is an actual business relationship. Such remarks and responses
shall be accredited to the Members who made the comments.
2.2 The Service is offered not only to business or corporate
entities (e.g. corporation, limited liability company, partnership,
sole proprietorship etc.) that are capable of having a business
name and business address but also to individuals who can
form legally binding contracts under applicable law.
2.3 Each Member shall be given an Account (the "Account")
upon receipt of payment by AAAOE.COM and upon authentication
and verification by AAAOE.COM. Activation of the Account shall
be notified to you via email to such email address provided
by the Member upon registration for the Service.
2.4 In the event that authentication and/or verification
by the AAAOE.COM is unsuccessful, the Member shall receive
an email notification from AAAOE.COM and fifty percent (50%)
of the subscription fees received by AAAOE.COM shall be refunded
to the relevant Member in accordance with AAAOE.COM 's established
practices.
2.5 AAAOE.COM shall also issue a Member ID and Password to
each Member to access the Service. Each Member shall be solely
responsible for maintaining the confidentiality of its Member
ID and Password and for all activities that occur under the
Member ID and Password. Each Member hereby undertakes to notify
AAAOE.COM immediately of any unauthorized use of its Member
ID and Password or any other breach of security. Each Member
hereby agrees and confirms that AAAOE.COM shall not be liable
for any loss or damages arising from failing to comply with
this paragraph.
2.6 Upon renewal of subscription, authentication and verification
shall be carried out. If authentication and verification is
unsuccessful for any reason, the process set forth in paragraph
2.4 shall apply.
2.7 Prior to renewal of subscription, if the Member wishes
to change any information that had previously been authenticated
and/or verified, AAAOE.COM shall notify the Member of the
charges (if any) that may be imposed by the AAAOE.COM for
authentication and/or verification of the changed information
and the Member shall be solely responsible for all such charges
and shall make payment in accordance with the procedure set
forth in section 6.1 below. If the Member fails to make payment
and the changed information is not authenticated and/or verified,
AAAOE.COM may, in its sole discretion, suspend or revoke the
membership of such Member.
2.8 AAAOE.COM shall also assign a domain to the Member in
the form designated by AAAOE.COM in its sole discretion (the
"Member Domain"). AAAOE.COM reserves the right to
publish and make available on the Member Domain to all persons
who access the Member Domain.
2.9 AAAOE.COM makes no warranty or representation as to the
truthfulness, accuracy or completeness of any information
displayed through the service by a member. Neither AAAOE.COM
nor any of its affiliates shall be liable for such information.
2.10 AAAOE.COM reserves the right to change the Service and/or
all of its related functionalities and/or applications and/or
to change, upgrade, modify, alter, limit or terminate the
Service at any time temporarily or permanently without prior
notice and for any or no reason by AAAOE.COM at its sole discretion.
AAAOE.COM further reserves the right to introduce new features,
functionalities and/or applications to the Service or to future
versions of the Service. All new features, functionalities,
applications, modifications, upgrades and alterations shall
be governed by this Agreement, unless otherwise stated by
AAAOE.COM.
2.11 Each Member agrees to the effects that such action may
have on its ability to use the Service, for communicating
with third parties or their ability to communicate with such
Member. Each Member hereby agrees that in no event shall AAAOE.COM
be liable to the Member or any third parties for any inability
to use the Service, any delays, inaccuracies, errors or omissions
with respect to any communications or transmission or delivery
of all or any part thereof, or any damage arising there from
or occasioned thereby or for the results obtained from the
use of the Service.
3. AAAOE.COM IS ONLY A VENUE.
3.1 Online Shopping. Although we are commonly referred to
as an online Shopping web site, it is important to realize
that we are not a traditional " Shopping ". Instead,
our site acts as a venue or portal that allows anyone to offer,
sell, and buy just about anything, at anytime, from anywhere,
in a variety of formats, including a fixed price commonly
referred to as an "Online Shopping." We are not
involved in the actual transaction between buyers and sellers.
As a result, we have no control over the quality, safety or
legality of the items advertised, the truth or accuracy of
the listings, the ability of sellers to sell items or the
ability of buyers to buy items. We cannot ensure that a buyer
or seller will actually complete a transaction.
3.2 Safe Trading. Because user authentication on the Internet
is difficult, AAAOE.COM cannot and does not confirm each user's
purported identity. Thus, we have established a user-initiated
feedback system to help you evaluate with whom you are dealing.
We also encourage you to communicate directly with potential
trading partners through the tools available on our Site.
You may also wish to consider using a third party escrow service
or services that provide additional user verification.
3.3 Release. Because we are not involved in the actual transaction
between buyers and sellers, in the event that you have a dispute
with one or more users, you release AAAOE.COM (and our officers,
directors, agents, subsidiaries 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. If you are a California resident, you
waive California Civil Code d1542, which says: "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."
3.4 Information Control. We do not control the information
provided by other users, which is made available through our
system. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common
sense, and practice safe trading when using our site. Please
note that there are also risks of dealing with underage persons
or people acting under false pretense. Additionally, there
may also be risks dealing with international trade and foreign
nationals.
4. ONLINE SHOPPING LISTING AND SELLING.
4.1 Listing Description. You must be legally able to sell
the item(s) you list for sale on our Site. You must describe
your item and all terms of sale on the listing page of our
Site. Your listings may include text descriptions, graphics,
pictures and other content relevant to the sale of that item.
All listed items must be listed in an appropriate category.
All Dutch selling items must be identical.
4.2 Fraud. Without limiting any other remedies, AAAOE.COM
may suspend or terminate your account if we suspect that you
(by conviction, settlement, insurance or escrow investigation,
or otherwise) have engaged in fraudulent activity in connection
with our site.
4.3 VaRO Program. AAAOE.COM's Verified Rights Owner (VaRO)
program works to ensure that listed items do not infringe
upon the copyright, trademark or other rights of third parties.
VeRO program participants and other rights owners can report
infringing items, and have such items removed. VeRO program
participants and other rights owners may have limited access
to some of your personally identifiable information as described
in the Privacy Policy.
5. TERM OF SUBSCRIPTION
5.1 Each Member shall subscribe for the Service for a minimum
term of one (1) month from the activation date of the Account
and shall be automatically renewed for subsequent one (1)
month terms unless terminated by AAAOE.COM in accordance with
the terms set forth in this TOS.
5.2 In the event that AAAOE.COM does not receive full payment
of subscription fees within ten (10) days of automatic renewal
of subscription for the Service, such Member's subscription
shall be terminated immediately without further notification
from AAAOE.COM.
5.3 AAAOE.COM may terminate any Member's subscription and
its status as a Member in any of the following events:
(a) Material breach of any term of this TOS by the Member;
(b) inability of AAAOE.COM or the third party to authenticate
or verify such Member's relevant information;
(c) pursuant to paragraphs 5.2 above and 7.1 below.
5.4 If either party, being a company, shall pass a resolution
or the courts shall make an order that the company be wound
up otherwise than for the purposes of reconstruction or amalgamation
or if a receiver or manager on behalf of a creditor shall
be appointed, the other party shall be entitled to terminate
this TOS by notice.
6. CHARGES AND FEES
6.1 The rates for fees chargeable under the Service shall
be published on the Site. All fees shall be payable in advance
to AAAOE.COM by wire transfer, charging the Member's credit
card or such other method acceptable to AAAOE.COM, in US Dollars
or its equivalent in such other currency as permitted by AAAOE.COM.
Except as provided in paragraph 2.3 above, all payments made
are non-refundable.
6.2 All rates are exclusive of any taxes, duties or other
governmental, banking or transactional and handling charges
or levies that each Member shall continue to be liable for
as and when the same is imposed or incurred.
6.3 AAAOE.COM reserves the right to modify its pricing structure
and payment conditions from time to time at its sole discretion
provided that not less than fourteen (14) days notice shall
be given to the Member.
7. MEMBER RESPONSIBILITIES
7.1 Each Member hereby represents, warrants and agrees to
(a) provide true, accurate, current and complete information
about itself and its business referees as may be required
by AAAOE.COM; and
(b) maintain and promptly amend all information to keep it
true, accurate, current and complete.
Each Member hereby grants an irrevocable, perpetual, worldwide
and royalty-free license to AAAOE.COM, its agents, employees,
service providers and all other entities providing necessary
services and/or technology in relation to the Service to use
all information provided by the said Member in accordance
with the purposes set forth in this Agreement and the AAAOE.COM
Terms of Service. Each Member further agrees that by posting
any material or information anywhere on the Service it surrenders
its copyright and any other proprietary right in the posted
material or information.
If any Member provides any information that is untrue, inaccurate
or is not current or complete, or if AAAOE.COM has reasonable
grounds to suspect that such information is untrue, inaccurate
or is not current or complete, AAAOE.COM has the right to
suspend or terminate such Member's registration and refuse
any and all current or future use of the Service or any other
services that may be provided by AAAOE.COM.
7.2 Each Member hereby represents and warrants that all information
provided and all products posted on the Service shall not:
(a) be fraudulent or make fraudulent offers of items or involve
the sale or attempted sale of counterfeit or stolen items
or items whose sales and/or marketing is prohibited by applicable
law, or otherwise promote other illegal activities;
(b) infringe or otherwise abet or encourage the infringement
or violation of any third party's copyright, patent, trademarks,
trade secret or other proprietary right or rights;
(c) violate any applicable law, statute, ordinance or regulation
(including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination
or false advertising);
(d) be defamatory, libelous, unlawfully threatening or unlawfully
harassing;
(e) be obscene or contain or infer any pornography or sex-related
merchandising or any other content or otherwise promotes sexually
explicit materials or is otherwise harmful to minors;
(f) promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age; and
(g) contain any viruses, Trojan horses, worms, time bombs,
cancel bots or other viral contaminants or other destructive
devices and codes that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any
system, data or personal information.
7.3 Each Member represents, warrants and agrees not to post
any comments containing, or otherwise use, any obscene or
offensive language or post anywhere else on or through the
Service any material that is defamatory, pornographic, racial,
abusive or hateful, constitutes unauthorized advertising or
harassment, invades anyone's privacy or encourages conduct
that would constitute a criminal offence, give rise to civil
liability, or otherwise violate any local state, national
or international law or regulation.
Each Member further represents, warrants and agrees that
with regards to information about or posted on behalf of any
business referee, it has obtained all necessary consents,
approvals and waivers from its business partners and associates
to (a) act as such Member's business referee; (b) to post
and publish their contact details and information, reference
letters and comments on their behalf; and (c) that third parties
may contact such business referees to support claims or statements
made about the Member. Each Member further warrants that all
reference letters and comments are true and accurate and hereby
waives all requirements for such Member's consent to be obtained
before third parties may contact the business referees.
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 bypass our robot exclusion headers, or to interfere
or attempt to interfere with the proper working of the AAAOE.COM
site or any Shopping 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 AAAOE.COM by our users
or third parties. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display
any content (except for Your Information) from our website
without the prior expressed written permission of AAAOE.COM
or the appropriate third party.
With respect to the above, each Member agrees and accepts
that AAAOE.COM shall not actively monitor nor exercise any
editorial control whatsoever over the content of any message
or other material or information created, obtained or accessible
through the Service. AAAOE.COM does not endorse, verify or
otherwise certify the contents of any comments or other material
or information made by any Member. Each Member is solely responsible
for the contents of their communications and may be held legally
liable or accountable for the content of their comments or
other material or information. However, AAAOE.COM reserves
the right to remove any material it becomes aware of that
is in it sole discretion, potentially unlawful, could subject
AAAOE.COM to liability, violates this Agreement or the AAAOE.COM
Terms of Service or is otherwise found inappropriate. AAAOE.COM
reserves the right to cooperate fully with legal authorities
and/or injured third parties in the investigation of any suspected
criminal or civil wrongdoing. Further, AAAOE.COM reserves
the right to suspend or terminate the membership of such Member
as AAAOE.COM deems appropriate in its sole discretion.
Further, each Member agrees to indemnify AAAOE.COM, its employees,
agents and representatives and to hold them harmless, from
any and all losses, claims and liabilities (including legal
costs on a full indemnity basis) which may arise from its
submissions, posting of information or deletion thereof, from
such Member's use of the Service or from such Member's breach
of this Agreement. Each Member further agrees that AAAOE.COM
is not responsible, and shall have no liability to it or anyone
else for any material posted by such Member or third parties,
including fraudulent, untrue, misleading, inaccurate, defamatory,
offensive or illicit material and that the risk of damage
from such material rests entirely with each Member.
Without limiting other remedies, we may immediately issue
a warning, temporarily suspend, indefinitely suspend or terminate
your membership and refuse to provide our services to you:
(a) if you breach this TOS or the documents it incorporates
by reference; (b) if we are unable to verify or authenticate
any information you provide to us; or (c) if we believe that
your actions may cause legal liability for you, our users
or us.
7.4 Each Member represents, warrants and agrees that it shall
not use the Service for any unlawful or inappropriate purposes,
including without limitation, spoofing, sniffing, eavesdropping,
imposturing or spamming other users, harassment, fraud, forgery,
electronic trespass, hacking, system contamination including
without limitation use or viruses, worms and Trojan horses
causing unauthorized damaging or harmful access and/or retrieval
of information.
7.5 Each Member warrants and agrees that it has obtained
all necessary third party copyright or trademark licenses
and permissions and shall be solely responsible for ensuring
that any material or information it posts on the Service or
provides to AAAOE.COM or authorizes AAAOE.COM to display or
publish through the Service does not violate the copyright,
trademark, trade secret or any other personal or proprietary
rights of any third party of any third party or is posted
with the permission of the owner(s) of such rights.
7.6 Each Member is granted access to AAAOE.COM 's various
directories, databases and listings in accordance with the
terms of this Agreement and as otherwise permitted by AAAOE.COM.
Any other use or attempt to use AAAOE.COM 's various directories,
databases and listings for commercial, copying, reproduction,
mass marketing (whether by spamming or not) or any other unauthorized
purpose is strongly prohibited. Each Member agrees that it
shall not commercially exploit any information received or
accessed through the Service including but not limited to
copying (through robots, spiders, any automatic device or
manual process) except with AAAOE.COM's prior written consent.
7.7 Each Member may not use any device, software or routine
to interfere or attempt to interfere with the proper working
of the Service. Each Member shall not undermine or attempt
to undermine the security or integrity of the computer systems
or networks used by AAAOE.COM and/or any user of the Service
and shall not attempt to gain unauthorized access to such
computer systems or networks. Each Member shall not use the
Service for any illegal purposes or in support of any illegal
purpose or activity.
8. LIMITATION OF LIABILITY
8.1 We and our suppliers provide our web site and services
"as is" and "as available" and without
any warranty or condition, express, implied or statutory.
Our suppliers and we specifically disclaim any implied warranties
of title, merchantability, fitness for a particular purpose
and non-infringement. AAAOE.COM hereby expressly disclaims
any and all warranties, express or implied, including but
not limited to any warranties of condition, quality, durability,
performance, accuracy, reliability, merchantability or fitness
for a particular purpose. All such warranties, representations,
conditions, undertakings and terms are hereby excluded.
AAAOE.COM makes no representations or warranties about the
validity, accuracy, correctness, reliability, quality, stability,
completeness or current nature of technical and/or information
provided through the service.
8.2 Any material downloaded or otherwise obtained through
the use of the Service is done at each Member's sole discretion
and risk and each Member is solely responsible for any damage
to its computer system or loss of data that results from the
download of any such material. No advice or information, whether
oral or written, obtained by any Member from AAAOE.COM or
through or from the Service shall create any warranty not
expressly stated in this TOS.
8.3 Under no circumstances shall AAAOE.COM be held liable
for an delay or failure or disruption of the Service resulting
directly or indirectly from acts of nature, forces or causes
beyond its reasonable control, including without limitation,
Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages
of labor or materials, fires, flood, storms, explosions, acts
of God, war, governmental actions, orders of domestic or foreign
courts or tribunals or non-performance of third parties.
8.4 Each Member hereby agrees to indemnify and save AAAOE.COM,
its employees, agents and representatives harmless, from any
and all losses, claims, liabilities (including legal costs
on a full indemnity basis) which may arise from its use of
the Service (including but not limited to the display of such
Member's information on the Site) or from its breach of this
TOS. Each Member further agrees that the Company is not responsible
and shall have no liability to it, for any material posted
by others, including defamatory, offensive or illicit material
and that the risk of damages from such material rests entirely
with each Member.
8.5 Except to the extent that such liability cannot be excluded
by or limited by law, AAAOE.COM shall not be liable for any
special, direct, indirect, punitive, incidental or consequential
damages or any damages whatsoever (including but not limited
to damages for loss of profits or savings, business interruption,
loss of information) whether or not advised of the possibility
of damage, regardless of the form of action, whether in contract,
negligence, tort or otherwise or any other damages resulting
from
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute foods and services
resulting from any goods, samples, data, information or services
purchased or obtained or messages received or transactions
entered into of through of from the Service;
(c) unauthorized access to or alteration of transmissions
or data;
(d) statements or conduct of any third party on the Service;
or
(e) any other matter relating to the Service however arising,
including negligence.
8.6 Notwithstanding any of the foregoing provisions, the
aggregate liability for AAAOE.COM to each Member for all claims
arising from the use of the Service is limited to US$100.
All claims arising from the use of the Service must be filed
within one (1) year from the date the cause of action arose.
8.7 Members and AAAOE.COM are independent contractors, and
no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created
by this Agreement.
8.8 Except as explicitly stated otherwise, any notices shall
be given by postal mail to AAAOE.COM. 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 AAAOE.COM
during the registration process. In such case, notice shall
be deemed given 3 days after the date of mailing.
9. Intellectual Property Rights
9.1 AAAOE.COM Corporation is the sole owner of all the rights
to the Service. The Service embodies trade secrets and intellectual
property rights protected under worldwide copyright and other
laws. All title, ownership and intellectual property rights
in the Service shall remain with AAAOE.COM Corporation. All
rights not otherwise claimed under this Agreement or by AAAOE.COM
Corporation are hereby reserved.
9.2 AAAOE.COM, American International Trade Center Corp.
and related icons and logos are trademarks and service marks
of AAAOE.COM in the United States and other countries and
are protected under applicable copyright, trademark and other
proprietary rights laws. The unauthorized copying, modification,
use or publication of these marks is strictly prohibited.
10. ARBITRATION.
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action
taken by AAAOE.COM to collect our fees and/or recover damages
for, or obtain an injunction relating to, the AAAOE.COM 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 Broward County, Florida, and judgment
on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or AAAOE.COM may seek any
interim or preliminary relief from a court of competent jurisdiction
in Broward County, Florida necessary to protect the rights
or property of you or AAAOE.COM 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.
11. AAAOE.COM PRIVACY POLICY
Registration Data and certain other information about you
are subject to our Privacy Policy. For more information, see
our full privacy policy at http://aaaoe.com/info/privacy.
12. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because AAAOE.COM
has no control over such sites and resources, you acknowledge
and agree that AAAOE.COM is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that AAAOE.COM
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content,
goods or services available on or through any such site or
resource.
12.1 This TOS constitutes the entire TOS between each Member
and AAAOE.COM and governs the use of the Service, superseding
any prior written or oral Agreements in relation to the same
subject matter herein.
12.2 This TOS shall be governed in all respects by the non-exclusive
jurisdiction of the State of Florida without regard to its
conflict of law provisions.
12.3 If any provision of this TOS is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced.
12.4 Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of
such section.
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