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 READ IT CAREFULLY. BY CLICKING THE "TERMS OF USE" BOX, YOU ACCEPT THE TERMS AND
CONDITIONS SET FORTH BELOW AND ASSERT THAT THE INFORMATION YOU ENTERED IS TRUTHFUL AND CORRECT.

No Warranty 

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 Service 

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:
payment@eatools.com
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. 

Account Suspension 

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. 

Other Terms 

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: 

1. 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. 
2. 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. 
3. 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, and us. 
4. 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.
5. 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. 
6. 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. 
7. 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.
8. 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.
9. 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 service. 
10. 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. 
11. 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. 
12. 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. 
13. 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. 
14. 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.