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MCA, Inc, reserves the right to settle all disputes as well as to refuse to provide service to any member who commits fraudulent act related to its services. Examples of a "fraudulent act", include
unsolicited e-mails or postings (known as SPAM) to attract more referrals
and/or all other acts which are considered fraudulent under the Service
Usage Policy of MCAInternet.com. SPAM messages are generally
prohibited by most network providers and certain jurisdictions and those
users employing them may be subject to fines and/or imprisonment.
MCAInternet.com does not allow its members to utilize SPAM message in
regards to its services. The only acceptable methods of referring
someone to MCAInternet.com are through communication with family and
friends, as well as through establishing a link to MCAInternet.com on
member owned web site. MCA, Inc, will terminate all member accounts
that have used or promoted network SPAM.
1.Placing a
offer to purchase an item is a binding legal contract in
many states. Members should not place an order for an
item unless they intend to buy this item at the amount of
the listed sale price. 2.Placing an offer to sell is a binding legal
contract in many states. Members should not offer an
item unless they intend to sell this item at the amount of
their placed offer.
3.In cases when a
offer to buy does not respond within a reasonable
amount of time (5 days), the seller can sell the item to
the second-highest offer. In addition the seller must
submit a Service Request to receive the
applicable commission fee refund.
4.Loosing offers are not obligated to purchase the item they have bid for at any cost.
6.All commission
fees are due by the posted due date of the applicable
invoice. Invoices are sent via email and service
messages.
7.Offering or
placing a purchase order for an item is an irrevocable
offer to buy the item at the specified price. Members
should read carefully all information about the item
especially the one related to shipping and payment.
Members should not make assumptions about the item
condition, quality or age. In cases of doubt or
insufficient information, members should ask the seller
for details before they purchase or offer.
8.Auctions and
regular sales close at the scheduled closing time. After
the ending time no offer or purchase orders are allowed for
bidders and buyers. Auction extension is not supported.
9.MCAInternet.com
reserves the right to refuse service to anyone. MCAInternet.com
will exercise this right with buyers who bid or purchase
frivolously and do not complete the transactions, and
sellers who list an item and subsequently do not sell.
MCAInternet.com encourages both sellers and buyers to leave
feedback about their ecommerce experiences. Feedback
information allows to protect our community members and
to develop a trustful and pleasant ecommerce environment.
10.Offer
manipulation of any kind is expressly forbidden. A seller
is prohibited from placing offers or arranging to have offers
placed on behalf of seller, sellers agent or assigns,
except in cases to terminate the auction prematurely. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item.
11.MCAInternet.com will
not explicitly or implicitly participate under any
circumstances in ecommerce trading disputes between buyers and
sellers. The company merely provides services to allow
its community members to trade and develop online
business presence. For more information related to our
trading policy, refer to our Legal Terms of Service.
12.Some sellers
may explicitly request that the rights to offer or purchase
an item be ensured by a credit card on file with
MCAInternet.com. Although MCAInternet.com will hold your credit card
on file, if will not charge it to pay for purchase
orders. All your credit card purchases will originate
from the merchants that have sold the item(s) to you.
Credit card information will not be disclosed with
merchants, unless these it is necessary to complete the
transaction and the merchants have established business track record.
13.In case of a tie, earlier offers take
precedence. Members cannot reduce the maximum offer after placement. All offers are in US dollars.
14.MCAInternet.com
members agree that all transactions do not violate any applicable state, federal and/or international laws.
15.MCAInternet.com
members agree to provide true and accurate information about him/herself in the registration form.
16.Offer
cancellations are acceptable only in circumstances that
include obvious error in offer amount or quantity.
17.Members agree
to refrain from sending unsolicited commercial email to
other members. In no case access to member emails should
be used for anything but completing an online procedure
initiated by MCAInternet.com.
18.All offers are
made in increments and are subject to a minimum offer, as
posted for each item.
19.Only most recent, highest offer are
kept track of.
20.Making offers in
a false name or with an invalid credit card is a
violation of the law. Our software may initially accept
offers, and other account data. However, we audit all data
entries and may trace, if required, Internet origination
points and network routes. This information can be used
by law enforcement officials to identify you. Fraudulent
offers will be prosecuted to the fullest extent of the
law. Currently, both the FBI and the US Secret Service
are responsible for investigating all Internet fraud
cases.
21.To report a
violation of the MCAInternet.com, please email
noc@MCAInternet.com.
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1.ACKNOWLEDGMENT
AND ACCEPTANCE OF TERMS OF SERVICE. The MCAInternet.com Web Hosting Services
("Service"), owned and operated by MCA, Inc. ("MCA"), is provided to
the member community under the following Terms of Service
and any operating rules or policies that may be published
by MCA. The Terms of Service comprise the entire
agreement between Member and MCA and supersede all
prior agreements between the parties, regarding the
subject matter contained herein. By participating in the
registration process, the members are indicating their
agreement to be bound by all of these Terms of Service. 2.DESCRIPTION
OF SERVICE. MCA
is providing Member with an classified ad, regular sale, and
reference services to buy and sell personal and business
property. In consideration for this Service, Member
agrees to: (1) provide certain current, complete, and
accurate information about Member as prompted to do so by
the Service and (2) maintain and update this information
as required to keep it current, complete and accurate.
All information requested on original sign up shall be
referred to as account information ("Account
Information"). If
any information provided by Member is incomplete or
inaccurate, MCA retains the right to terminate
Members membership and rights to use the Service.
3.MODIFICATIONS
TO TERMS OF SERVICE. MCA may change these Terms of
Service from time to time. Upon any change in these Terms
of Service, MCA will not notify all members. Members continued use of the
Service constitutes an affirmative: (1) acknowledgment by
Member of these Terms of Service and any modifications;
and (2) agreement by Member to abide and be bound by
these Terms of Service and modifications. MCA
reserves the right to modify or discontinue the Service
with or without notice to Member. MCA shall not be
liable to Member or any third party should MCA
exercise its right to modify or discontinue the Service.
4.SERVICE
PROVIDER OBLIGATIONS. Member acknowledges and agrees that
MCA does not endorse any of the goods that are sold
through the MCA Service. Member acknowledges and
agrees that MCA is not responsible for any damages
to goods during transit or during the inspection period,
nor for misrepresentations and/or breaches of contract by
either buyer and/or seller. Member acknowledges and
agrees that any dispute involving MCA shall be
settled by arbitration in Kentucky pursuant to the
Rules of the National Arbitration Forum.
5.MEMBER
ACCOUNT, PASSWORD, AND SECURITY. Members are entirely responsible
for the maintenance and the confidentiality of their
member login names and passwords. Furthermore, members
are entirely responsible for any and all activities,
which occur under their user names and passwords. Member
agrees to immediately notify MCA of any
unauthorized use of any breach of security known to
Member.
6.
DISCLAIMER OF WARRANTY. SERVICE IS DEEMED ACCEPTED BY
MEMBER. THE SERVICE IS PROVIDED AS IS WITHOUT WARRANTY OF
ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, MCA FURTHER DISCLAIMS ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE
OR PERFORMANCE OF THE PRODUCT, MCA MAKES NO
WARRANTY THAT THE SERVICE WILL MEET MEMBERS REQUIREMENTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; MCA DOES NOT PROVIDE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED,
MCA MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. IN NO
EVENT SHALL MCA OR ITS BUSINESS PARTNERS BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES LOST REVENUE,
PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES) ARISING
OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE
THE PRODUCT, EVEN IF MCA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER.
7.LIMITATION
OF LIABILITY. MCA
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE
OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR
OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO, OR ALTERATION OF MEMBERS TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE ASSETS.
8.COPYRIGHT.
The SOFTWARE
and all applicable text or html documents are copyrighted
with all rights reserved. No part of the SOFTWARE or
SOFTWARE documents may be reproduced or transmitted in
any electronic, mechanical or other form without prior
written authorization from MCA. For further
information, please contact MCA, Inc.
9.OTHER
LIMITATIONS. MCA
retains the right, at its sole discretion, to determine
whether or not Members conduct is consistent with the
Terms of Service. MCA reserves the right to
terminate all member accounts that do not comply with the
Terms of Service.
10.MEMBER
CONDUCT.
Member is solely and fully responsible for the contents
of his/her transmissions through the Service. Members use
of the Service is subject to all applicable local, state,
and international laws and regulations. Member agrees:
(1) to comply with US law regarding the transmission of
technical; (2) not to use the Service for illegal
purposes; (3) not to interfere or disrupt networks
connected to the Service; and (4) to comply with all
regulations, policies and procedures of networks
connected to the Service. Member agrees not to transmit
through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature.
Member agrees not to transmit any material that
encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise
violate any applicable local, state, or international law
or regulation.
11.INDEMNIFICATION. Member agrees to indemnify
and hold MCA, its parents, subsidiaries,
affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys fees,
made by any third party due to or arising out of Members
use of the Service, the violation of these Terms of
Service by Member, or the infringement by Member, or
other user of the Service using Members computer, of any
intellectual property or other right of any person or
entity.
12.TERMINATION. If Member object to any of
these Terms of Service or any subsequent modifications
thereto or become dissatisfied with the Service in any
way, Members only recourse is to immediately: (1)
discontinue use of the Service; and (2) terminate Service
membership.
13.
GOVERNING LAWS.
These Terms of Service shall be governed by and construed
in accordance with the laws of the state of Kentucky.
Member and MCA agree to submit to the exclusive
jurisdiction of the courts of the state of Kentucky. If
any provision(s) of these Terms of Service is held by a
court of competent jurisdiction to be contrary to law,
then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect.
MCA failure to exercise or enforce any rights or
provisions of these Terms of Service shall not constitute
a waiver of such right or provision unless acknowledged
and agreed to by MCA in writing. Member and
MCA agree that any cause of action arising out of
or related to this Service must commence within six (6)
months after the cause of action arose; otherwise, such
cause of action is permanently barred. The section titles
in these Terms of Service are solely used for the
convenience of the parties and have no legal or
contractual significance.
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