THE FOLLOWING AGREEMENT DESCRIBES
THE TERMS AND CONDITIONS IN WHICH USERS (SELLERS) ARE ALLOWED ACCESS TO
THE EATOOLS SERVICES. THIS AGREEMENT AFFECTS YOUR RIGHTS AND YOU SHOULD
CONDITIONS SET FORTH BELOW
AND ASSERT THAT THE INFORMATION YOU ENTERED IS TRUTHFUL AND CORRECT.
While EATOOLS attempts to
provide accurate information on this Web site, it assumes no responsibility
for accuracy. EATOOLS may change the information on the site, or the products
mentioned, at any time without notice.
Material and services on
this site is provided "as is" and does not constitute a warranty of any
kind, either express or implied. EATOOLS disclaims all warranties, expressed
or implied. This includes but is not limited to implied warranties of merchantability,
fitness for a particular purpose, and non-infringement. It also includes
any expressed or implied warranties arising from any course of dealing,
usage or trade practice.
Limitation of Liability
EATOOLS is not liable for
any direct, indirect, special, incidental or consequential damages arising
out of the use -- or the inability to use -- the material on this site.
This includes but is not limited to the loss of data or loss of profit,
even if EATOOLS was advised of the possibility of such damages. EATOOLS
is in no way responsible for transaction or the failure of transactions
occurring or not occurring between the Seller and their Buyers. EATOOLS
shall not partake in nor in any way insure the transfer of funds between
the Sellers and their Buyers.
Description of the EATOOLS
EATOOLS provides an auction
management platform that facilitates retail auction sale transactions (Auctions)
for registered Sellers of EATOOLS.
Termination for Misuse
EATOOLS will make available
all components of their EATOOLS site for the purposes previously stated.
At their sole discretion, EATOOLS may terminate a Seller's access to it's
web sites and services if at any time they believe misuse of the their
sites or services is occurring. Re-establishment of that Seller's account
may not be reactivated within the proceeding six(6) month period.
Free Use Period
Sellers will be provided
seven (7) days free use of the EATOOLS services after the successful submission
of the signup information by the Seller. The Seller is required to submit
payment for the use of the services via PayPal.com to the email:
or by money order/check
in order to extend the use of the services provided.
Payment for Services
Payments shall be due prior
to service provision. Once a payment is made it is non-reversible and non-refundable.
If you breach the terms of this paragraph, EATOOLS reserves the right to
reject your payment and you will be solely responsible for the consequences
of this rejection.
A $5.00 reactivation fee
will be assessed to re-establish the account that is suspended.
Ownership of Data
ANY DATA RESIDING ON EATOOLS
SERVER IS THE SOLE AND EXCLUSIVE PROPERTY OF EATOOLS NO MATTER THE SOURCE.
ACCESS TO THE DATA IS PROVIDED TO THE SELLER AS A SERVICE FOR AUCTION MANAGEMENT
PURPOSES ONLY. NO SELLER RIGHTS TO THE DATA IS IMPLIED EXPRESSLY, CONSEQUENTIALLY,
INTENTIONALLY, OR UNINTENTIONALLY. SELLER AGREES TO USE THE DATA FOR AUCTION
MANAGEMENT PURPOSES ONLY. ANY OTHER USE OF THE DATA IS PROHIBITED.
In order to become a Member
of EATOOLS you must register online. You must also read and agree to the
terms and conditions of this agreement, including:
You must provide EATOOLS with
valid and accurate information. You must be at least 18 years of age. EATOOLS
reserves the right to terminate any account containing untruthful information.
You agree that you will not
attempt to initiate any payment for amounts outside the published EATOOLS
subscription amounts. If you breach the terms of this paragraph, EATOOLS
reserves the right to reject your payment and you will be solely responsible
for the consequences of this rejection.
You agree not to use spam to
promote the EATOOLS service. You understand that such activity has strict
negative consequences. We will immediately and permanently terminate the
account of any Seller who has used unsolicited email to gain referrals.
In addition, you may be subject to state and federal penalties and other
legal consequences under applicable law if you send unsolicited email.
Our Anti-Spam Policy is intended to protect our Sellers, the Internet,
You are fully responsible for
any goods bought or sold or any services provided by or to another Seller
and facilitated by the EATOOLS system. Any disputes that arise between
Sellers relating to payments made or any other transactions between individuals
are not the responsibility of EATOOLS.
If you are a EATOOLS Subscriber,
you agree that all payments initiated by you in which charges are made
to your credit card are final and not reversible. You agree that you will
not charge back any amounts previously charged to your credit card by EATOOLS.
If you charge back a credit card charge for a payment initiated by you,
you agree to allow EATOOLS to suspend your account until the charge-back
amount is fully recovered.
You understand that EATOOLS
does not make any guarantees regarding use of the EATOOLS service. You
acknowledge that EATOOLS does not ensure the quality, safety, or legality
of the merchandise received, nor that the Buyer will pay or that the shipper
will even ship the merchandise.
You may not divulge your password
to anyone else, nor may you use anyone else’s password. EATOOLS is not
responsible for losses incurred by Sellers as the result of misuse of passwords.
If you use, or attempt to use
the EATOOLS service for other purposes including but not limited to tampering,
hacking, modifying or otherwise corrupting the security or functionality
of EATOOLS, your EATOOLS account will be terminated and you will be subject
to damages and other penalties, including criminal prosecution where available.
You agree to indemnify and hold
EATOOLS, its affiliates, officers, directors and employees harmless from
any claim or demand whatsoever relating to or arising out of the EATOOLS
This Account Agreement is governed
by the laws of the state of California as such laws are applied to agreements
entered into and to be performed entirely within California by California residents.
EATOOLS shall not be responsible
for payments made to unintended Recipients due to the input of incorrect
information by Members, nor shall we be responsible for the verification
of the identity of Members.
EATOOLS shall not be liable
for any damages of any kind arising out of or in connection with this account
agreement, the EATOOLS web site, or EATOOLS service.
EATOOLS, in its sole discretion,
may terminate this Agreement, access to its web site, or access to the
service without notice for any reason and at any time.
EATOOLS retains all right, title,
and interest in and to trademarks. Members shall only use EATOOLS trademarks
with the express permission of EATOOLS. Members shall not use the trademarks
in any manner that is disparaging to EATOOLS. Under no circumstances may
a Member alter, modify, or change EATOOLS's trademarks.
This Agreement is subject
to change at any time without notice.