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Terms & Conditions |
2nd Life Tools User Agreement and Disclaimer
THE FOLLOWING IS A DISCLAIMER AS WELL AS THE TERMS AND CONDITIONS (collectively hereinafter referred to as the "Agreement") TO WHICH YOU AGREE TO ACCEPT AND BE BOUND BY AS A CONDITION TO USING THE SERVICES OF 2NDLIFETOOLS AND ITS WEB SITE ( hereinafter collectively referred to as "2ndLifeTools" or "this web site").
Advertisers (or seller) and Consumers (or buyers) (hereinafter collectively referred to as "users") must read, agree with and accept all of the terms and conditions contained in this Agreement, which include those terms and conditions expressly mentioned below and those incorporated by reference, before you may use the services provided by 2ndLifeTools, including the use of this web site. By using this web site and/or services provided by 2ndLifeTools, you agree to be bound by all of the conditions, terms and disclaimers set forth herein.
1. Eligibility: The services provided by 2ndLifeTools are only available to, and may only be used by individuals who can enter into and be bound by contracts under applicable law. By using any of this web site's services, or any of its links or subparts accessed on or through this site, you agree and acknowledge that you are 18 years of age or older and have the legal ability to enter and be bound by contracts. Furthermore, your 2ndLifeTools account may not be transferred or sold to another party. You also may not permit another to use your account to access or utilize the services of this web site.
2. Fees and Services: 2ndLifeTools does charge fees for listing items through this web site. When you list an item you have an opportunity to review the fees that you will be charged. 2ndLifeTools reserves the right to change our fees from time to time.
3. Venue: 2ndLifeTools is only a venue, insofar as this web site allows you to offer, sell and buy tools.
4. Release, Indemnify and Assumption of Risks: Because 2ndLifeTools is only a venue, by using this web site and/or its services, you agree that in the event that a dispute, claim or demand arises with another user and/or its item for purchase, you release 2ndLifeTools (and its parent, officers, directors, agents, subsidiaries and employees [hereinafter collectively referred to as "2ndLifeTools") from any and all claims, whether equitable or at law, loss of profits, demands and damages (actual and consequential), known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
2ndLifeTools is not responsible for any and all goods or items listed or sold on or through this site. The users of this web site assume all risk and liability arising from their offer for sale and transaction of any item. Consumers assume all risk and liability arising from their purchase of any item or product purchased through this site. 2ndLifeTools is not a contractual party to any transaction between sellers, buyers, advertisers, contacts and users of this web site. All terms are agreed upon between the seller and buyer. Since 2ndLifeTools is only a venue, it does not actually get involved in the transaction by and between buyers and sellers. 2ndLifeTools does not control and is not responsible for the following: the quality, authenticity, condition, safety or legality of listed items; the content or context of listings, including without limitation, the truth, accuracy, or reliability of the listings; the ability of the seller to sell or complete the sale; or the ability of the buyer to purchase or complete the purchase.
$100. (B) OR ACTION; THE TO PRIOR MONTHS 12 IN CLAIMANT BY US MADE PAY OF AMOUNT (A) GREATER LIMITED IS CIRCUMSTANCES ALL AND ANY PARTIES THIRD YOU PARENT, EMPLOYEES OFFICERS, SUBSIDIARIES, OUR LIABILITY 2NDLIFETOOLS? 2ndLifeTools. by provided services any or and website this of use out arising liability all from 2ndLifeTools Harmless Hold Release to agree you website, using>5. Online Transaction: If you use a credit card for any purchase on or related to this site, you acknowledge, represent, and truthfully attest that you are in lawful possession of said credit card and possess all of the rights, duties, obligations, and responsibilities attendant upon the card holder. Moreover, by using this web site, you acknowledge and accept that there are risks and liabilities with transacting business on line, and assume and accept such risks.
2ndLifeTools does not guarantee that it will notice or prevent anyone from abusing this site, or inappropriately using this site or registering false information. 2ndLifeTools will not guarantee the preservation of any material, information and/or records posed on this site. The use of private user information, other than as expressly permitted herein, is strictly prohibited. Users agree to refrain from "spamming" (sending unsolicited commercial e-mail to other users). Users are responsible in all respects for their user name and password. Users agree not to transfer, assign, or otherwise permit another person or entity to use their user name and password to access 2ndLifeTools site. In no event shall 2ndLifeTools be responsible for any inappropriate or unauthorized use of the user's name and/or password.
6. No Warranties or Guarantees: 2ndLifeTools provides its web site and services "AS IS" and without any warranty, express, implied, or statutory. 2ndLifeTools specifically disclaims any implied or express warranties, including implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Under no circumstances shall 2ndLifeTools be responsible or liable for any expenses, losses, claims, costs or damages, including, but not limited to, without limitation, any direct, indirect, incidental, special or actual damages that result from the malfeasance or nonfeasance of any materials or items purchased on or through this site, even if 2ndLifeTools is advised in advance of such a possibility.
7. Information Control: 2ndLifeTools does not control the information provided by those who use this web site. Please use caution, common sense, and precautions as you assume all risks related to personal information sharing when using this web site. Also, there may be occasion to deal with international trade and foreign nationals. By using this web site, you agree to assume such risks and 2ndLifeTools is not responsible for the security of information shared on this web site.
8. Revocable License: Use of this web site and the services provided by 2ndLifeTools is wholly revocable by 2ndLifeTools. Without limiting other remedies, we may limit your activity, immediately removing the items you have listed, warn our users of your actions, issue a warning, temporarily or indefinitely suspend or terminate your use and refuse to provide our services in the event that: (a) you breach this Agreement or the documents or provisions incorporated by reference; (b) if you are unable to verify or authenticate any information you provide us; ( c) or if we believe that your actions may cause financial loss or legal liability to you, our users or 2ndLifeTools. 2ndLifeTools reserves the right to terminate the publication of any and all advertisements and/or accounts at any time for any reason with a refund at the sole discretion of 2ndLifeTools. 2nd Life Tools reserves the right to terminate any account that has been inactive for a period of eighteen (18) months without refund of any amounts paid.
9. License: 2ndLifeTools reserves the right to edit, refuse, delete, modify, or remove advertisements, postings, listings or messages in its sole discretion for any reason. 2ndLifeTools strictly prohibits the sale of illegal items (including, without limitation, counterfeit or stolen items). 2ndLifeTools does not guarantee continuous, uninterrupted or secure access to its web site. By using this web site, you solely agree to allow 2ndLifeTools the use of the information you supply us with and agree to grant 2ndLifeTools exclusive, perpetual, worldwide, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to your information, in any media now known or not currently known.
10. Listing and Selling: You must be legally able to sell the item(s) that you list for sale on this web site. You must describe your item and all the terms of sale on the listing page. Item listings may include text descriptions, graphics, and pictures regarding the sale of that item.
11. No Agency: You and 2ndLifeTools are independent contractors. As such, no agency relationship is created by this or any other Agreement by and or between you and 2ndLifeTools including, but limited to, a partnership, joint venture, employee-employer or franchiser, franchisee relationship is created by this Agreement.
12. No Clerical Obligations: 2ndLifeTools is not responsible for typographical or clerical errors, accuracy, content, or quality of transactions between users of this web site. 2ndLifeTools does not assume responsibility for the content or the context of the listings on this site.
13. Prohibited Activities. By using this web site, you agree that any information provided by you (or any items listed) and your activities on the site shall not: (a be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; ( c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere, with surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (I) link directly or indirectly to goods or services that (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a commercial web site other than 2ndLifeTools (this does not prevent linking to or advertising any 2ndLifeTools's item from another web site); or (cc) to link to or include descriptions of goods or services that are prohibited under this Agreement. Moreover you shall comply with all applicable laws, statutes, ordinances and regulations regarding use of our service and your listing, and the purchase and sale of any and all items through this web site.
14. Ownership of Web Site Contents. Contents of this web site, including without limitations any and all contents and/or materials provided by a user for inclusion of this web site, are the exclusive property of 2ndLifeTools. By using this web site you are granting 2ndLifeTools the unconditional right to use, destroy, alter or otherwise act as rightful owner without limitation of any contents, materials or information provided to or included on this web site or to 2ndLifeTools.
15. Copyright and Trademarks: All content included on 2ndLifeTools's site, such as text, graphics, photos, video clips logos, button icons, images and audio clips is the property of 2ndLife Tools. This material is protected by certain copyright laws. This material may be used as a shopping resource by users. Any other use by users, including the reproduction, adaptation, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. All software used on this web site is the property of 2ndLifeTools or its software suppliers and is protected by certain copyright laws. Unauthorized reproduction, adaptation, modification, distribution, transmission, republication, display or performance of this software is strictly prohibited. This 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 therein without our prior express 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 this site or any activities conducted on this 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 2ndLifeTools by our uses or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior express written permission of this site or appropriate third party.
16. Choice of Forum and Arbitration Clause. Any legal controversy or legal claim arising out of or relating in any way to this Agreement or our services, and including 2ndLifeTools or its owners or employees as a named party, excluding legal action taken by 2ndLifeTools to collect our fees and/or recover damages for, or obtain an injunction relating to, this web site, 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 Portland, Maine and judgment on the arbitration award may be entered into any court having jurisdiction therein. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs, to pay for the cost of defending the action and removing the action to Portland, Maine. In the event that a court of proper jurisdiction determines that this arbitration clause is void, it shall be severable from the remaining portions of this Agreement. Therefore, the remainder of this Agreement shall remain legal and valid. This provisions shall govern unless agreed to in writing by both parties.
17. Choice of Law Clause: This Agreement shall be governed in all respects by the laws of the State of Maine as such laws are applied to agreements entered into and performed in the State of Maine between Maine residents. The laws of the State of Maine, excluding its conflicts-of-law rules, govern the Terms and Conditions of this Disclaimer. As noted elsewhere, your conduct may be subject to other local, state and/or national laws or regulations. You expressly agree that exclusive jurisdiction for any claim or dispute resides in the State of Maine. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Maine in connection with any dispute or claim involving 2ndLifeTools, this web site, its owners, employees or operators. The Terms and Conditions of this disclaimer may be amended from time to time by 2ndLifeTools, in its sole discretion. You agree that this Agreement and all incorporated agreements and provisions may be automatically assigned by 2ndLifeTools in its sole discretion, to a third party in the event of a merger or acquisition.
18. Severability Clause: In the event that a court determines that any part, provision, section or clause of this disclaimer is invalid, the remaining portions thereof shall continue to remain valid as against both parties.
19. General: Headings are for reference purposes only and in no way define, limit, construe or describe. 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.
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ALL sales are sold by owner. These pages are for advertising only. ALL ads are sold by secondlifetools.com reps only!
If you would like more information on how to sell tools here, please contact 1-888-241-4755
or send us an email
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