Thank you for taking the time to read the LinkAdage™ User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at LinkAdage™ . If you have any questions please contact admin@LinkAdage.com.
LinkAdage™ is a wholly owned and operated by WebOriginations LLC. All rights and protections detailed here for LinkAdage™ apply to both LinkAdage™ and WebOriginations LLC.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. This agreement was last revised on November 30, 2009 check back from time to time to be sure you are complying with the current version. Memberships can be terminated by the site administrator for any reason.
Important LinkAdage™ Membership Rules and Requirements
1.1 Overview. Our site acts as the venue for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to bid on items. 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 and do not ensure that a buyer or seller will actually complete a transaction.
1.2 At your own risk: Transactions conducted with other members are conducted entirely at your own risk. You agree that LinkAdage™ takes no responsibility for any misconduct of any of its members including without limitation, members that have registered under false pretences or any attempts by members to defraud other members. LinkAdage™ gives no warranties as to the content, safety, description or legality of the items that are listed on the site, or the ability of members to complete a transaction. Buyers agree to hold LinkAdage™ harmless should Seller's activity be in any way be improper, either with regard to the link or with regard to the sale of the link.
1.3 Disclaimer: You expressly understand and agree that:
a. Your use of LinkAdage™ is at your sole risk. To the extent permitted by law LinkAdage™ expressly disclaims all conditions or warranties, which would otherwise be implied into these terms and conditions, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. LinkAdage™ makes no warranty that i) the services provided will be uninterrupted, timely, secure, or error free, ii) that the information provided on the web site is error-free or reliable, iii) the quality of any items obtained pursuant to the services provided by LinkAdage™ will meet your requirements.
c. No advice or information that is obtained by you from LinkAdage™ or any member or otherwise shall create any warranty not expressly stated in the Terms and Conditions.
d. You hereby agree that we are not responsible for any loss or damage however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this web site or any linked web site nor are we responsible for any such loss arising out of your use or reliance on information contained on or accessed through this web site, nor are we responsible for the conduct of other members or third parties.
e. You agree that there are no warranties in relation to items sold or listed pursuant to the services provided by LinkAdage ™. You acknowledge that we make no representation as to the ownership of title in items listed or sold, or as to the ability of either a buyer or seller to complete a transaction.
Fees and Services
2.1 Joining and bidding on items at LinkAdage™ is free. Our Fees Policy for sellers is available in the Fees section. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least five (5) days notice of the changes by posting the changes on the messaging board. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the announcements board. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. All fees are quoted in credits and 1 credit equals U.S. Dollar. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
2.2 Safe Trading. Because user authentication on the Internet is difficult, LinkAdage™ 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 provided emails and URLs are not exchanged, as set forth above.
2.3 Release. In the event that you have a dispute with one or more other members, you release LinkAdage™ (and its 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.
2.4 Information Control. We do not control the information provided by other members which is made available through our system. You may find information provided by other members to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense, and practice safe trading when using our LinkAdage™ . Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
3.1 Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended LinkAdage™ members.
4.1 Offers to buy are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity. If you choose to make an offer on adult items, you are certifying that you have the legal right to purchase such items.
Listing and Selling
5.1 Listing Description. Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for which are soliciting offers to buy). All listed items must be listed in an appropriate category.
5.2 Binding Offers. If you receive at least one offer at or above your stated minimum price you are obligated to complete the, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
5.3 Fraud. Without limiting any other remedies, LinkAdage™ may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
5.4 Manipulation. Neither buyers nor sellers may manipulate the price of any item nor may you interfere with other user's listings.
"Your Information" is defined as any information you provide to us or other members in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
6.1 Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, 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; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for on a web site other than LinkAdage ; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee (when applicable), could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items (located in the help section).
Internal User Messaging
7.1 LinkAdage™ and its members will not tolerate any spam via the Internal User Messaging system. Further, you are not licensed to add any LinkAdage™ member, even one with whom you have transacted, to your mail (email or physical) or phone list without their express consent after adequate disclosure.
7.2 If you send user messages, or if third parties such as other members send us correspondence about your activities postings, or user messages on the site, we may collect such information into a file with information specific to you.
7.3 LinkAdage™ monitors and uses the internal user messaging system information to support customer inquiries, settle disputes, enforce this User Agreement and troubleshoot problems. LinkAdage™ reserves the right to look across multiple member accounts to identify problems, resolve disputes, and evaluate you for multiple usernames.
Access and Interference
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 interfere or attempt to interfere with the proper working of the LinkAdage ™ site or any sale 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 LinkAdage™ by our members 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 LinkAdage™ or the appropriate third party.
LinkAdage™ Communications Policy
LinkAdage™ has a no-spam policy; however, email communication with members is critical to site operations. You should expect to receive LinkAdage™ news and updates on an as-needed basis. If you choose to opt-out of all email communications, you will need to log into the site on a regular bases to track your ads and postings and other important web site communications.
You may not take any actions that may undermine the integrity of the feedback system. All communications between members shall be respectful and professional no matter what the disagreement. Derogatory comments and personal attacks in messages and feedback will not be tolerated. Stick to the facts.
8.1 Export. You acknowledge that your feedback consists of comments left by other members and a composite feedback number compiled by LinkAdage ™, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between LinkAdage™ members, you agree that you shall not market or export your LinkAdage™ feedback rating in any venue other than LinkAdage ™.
8.2 Import. We do not provide the technical ability to allow you to import feedback from other websites to LinkAdage™ because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
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 Agreement 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 members or us.
WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT YOUR SATISFACTION WITH THE PURCHASED LINK(S) OR ANY RANKINGS THEREOF PROVIDED BY THIRD PARTIES. BUYERS ENGAGE IN THE ACTIVITY AND THE PURCHASE OF LINK(S) AT THEIR OWN RISK. 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 which vary from state to state.
IN NO EVENT SHALL WE 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 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.
You agree to indemnify and hold us and our 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 copyright infringement, trade secret misappropriation, trademark infringement, or 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.
"Without limiting the foregoing, under no circumstances shall LinkAdage™ be held liable for any delay or failure in the completion of an sale, resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or lack of sale completion due to loss or fluctuations in heat, electricity, or air conditioning."
You shall comply with all applicable 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.
You and LinkAdage™ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to LinkAdage™ Attn: Legal Department 31921 Inglewood, Beverly Hills, MI 48025. 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 LinkAdage™ during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to this Agreement or 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 Detroit, Michigan and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or LinkAdage™ may seek any interim or preliminary relief from a court of competent jurisdiction in Detroit necessary to protect the rights or property of you or LinkAdage™ pending the completion of arbitration.
The following documents are incorporated by reference:
9.2 Our Refund Policy
Note: This site reserves the right to revise any membership rules at its discretion, so check back from time to time to be sure you are complying with the current version.
This Agreement shall be governed in all respects by the laws of the State of Michigan as such laws are applied to agreements entered into and to be performed entirely within Michigan between Michigan residents. 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. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our 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.
The services hereunder are offered by LinkAdage ™, located at 31921 Inglewood St., Beverly Hills, MI 48025. If you are a Michigan resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for our services are described in our Fees section.