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Terms of Use

 

         Thank you for choosing bamwoO.com to buy or sell your products over the internet.The following binding agreement sets forth the terms conditions controlling our relationship,and your use of bamwoO.com (the "Site") to buy or sell products

DEFINITIONS:

         A "Buyer" is anybody who uses the Site to buy item whether or not attempted purchase proves to be successful. A "Seller" is anybody who lists an item for sale no the Site, whether the sale happens. It is possible that you could be both a Buyer and aSeller under this agreement if you list both goods for sale no the Site and Access the Site in an effort to buy goods of others.In that case, you will be bound to the Terms of this agreement Buyer when you are acting as a Buyer, and as a Seller when you are acting as a Sellre. Wherever this agreement refers "you", the reference is to entity entering into this agreement with bamwoO.  

ELIGIBILITY/ ACCESS TO THE SITE:   

       bamwoO provided services at the Site are available only to individuals who can enter into and form legally binding agreements, as well as to legal entities (corporations, partnerships and the like) operating with all necessary authority. If you are not currently eligible for use of the Site (for example, you are a minor), or should you become ineligible at any time, bamwoO may refuse to provide any services to you or stop providing services to you when bamwoO becomes aware of your ineligibility. You further understand that your access or continued access to the Site is solely at bamwoO discretion, and bamwoO may limit or block access at bamwoO discretion, whether due to your breach of this agreement or for any other cause in bamwoO judgment. It is a condition to eligibility that you comply with the terms of this agreement at all times and, in the case of a Seller, truthfully complete the requested information and submit the information to bamwoO.

BINDING AGREEMENT:

       This is a binding, legal agreement and your acceptance of this agreement is evidenced by, if you are a Buyer or prospective Buyer, your access to and use of the Site, or if you are a Seller, your completion of the requested information forms. If you have any questions about this agreement, or you do not accept the terms and conditions set out, then you must immediately contact bamwoO, via e-mail.

WITH RESPECT TO SELLERS: 

Fees

       You agree to pay all fees incurred from the use of bamwoO Website. All fees stated are in U.S. dollars.All fees incurred in connection with this Website are non-refundable. 

Goods Posted For Sale On The Site:  

       Once you have read this agreement and submitted the required information, you will be eligible to display your goods for sale on the Site. You understand that bamwoO makes the Site available for the display of goods for sale and facilitates credit card transactions. However, you are responsible for directly handling any questions or concerns expressed by the buyer of the goods. For information on posting items for sale on the Site, review the FAQ page.

       bamwoO reserves the right without any obligation, to monitor activity on the Site, including investigating any violation or purported violation of its rules. As a result of an investigation, bamwoO, in its sole discretion, may take such action as it deems necessary to cause compliance with its rules and any governing law, including restricting, limiting or denying your access to the Site, causing the editing or removal of a listing or registration on the site, or issuing a written warning of a rules violation and requiring that the violation be timely corrected. The following are examples of violations that bamwoO, in its sole and absolute discretion, may take action upon: 

  • Encouraging visitors to purchase items directy from the vendor     
  • Referring visitors to anothre Web site     
  • Listing an email address     
  • Encouraging any circumvention for bamwoO

Furthermore, bamwoO reserves the right, in its sole discretion, to determine within which category of goods your good(s) shall appear on the Site. bamwoO further reserves the right to re-classify such placement in its sole discretion.

Representations And Warranties

      You represent and warrant to bamwoO that:

   1. You own the goods posted for sale upon the Site, you are free to sell the goods, sales on or through, or through a global computer networt, and are legally capable of selling the goods and entering into a sales agreement and delivering the goods; 

  2. Any description of the goods posted upon the Site is true and accurate, and is not misleading or otherwise fraudulent;

  3. The goods posted on the Site are and free of material defect or damage, and if they are not, you will immediately remedy the situation to the reasonable satisfaction of the buyer;

  4. You will immediately handle any complaint or question raised by the buyer;

  5. The goods posted on the Site are safe, are not illegal or dangerous, and do not infrihge upon anybody\\\'s rigth of any nature (for example only, trademark, copyrigth or patent). 

  6. You will comply with all applicable laws, rules and ordinances.

  7. bamwoO makes no representation or warranty of any kind, whether express or implie warranty of merchantabilityor fitness for a particular purpose. bamwoO disclaims all warranties to the fullest extent permissible under applicable law.

  8. You accept term of the (hyperlink: vendor guarantee) and understand that, if a product is returned by dissatisfied buyer, you may not be reimbursed for the sale or return of this item.

Indemnification

      You understand that because bamwoO cannot and does not attempt to verify the information you post upon the Site or provide to any prospective purchaser concerning your goods, or monitor your compliance with the terms of this agreement, and because bamwoO is not involved in the sales transaction (other than facilitating the use of a credit card for the transaction) or the delivery of the goods purchased, bamwoO cannot and will not accept any liability that results from the display, offering for sale, or sale of your goods through the Site. Therefore, you agree to defend, indemnify and hold harmless bamwoO, its officers, directors, employees and agents from and against any and all demands, claims, liabilities, suits, proceedings, or any settlement, and all related expenses, including, but not limited to, all litigation expenses (including reasonable attorneys  fees) and settlement amounts, as well as all special and consequential damages and damage to bamwoO goodwill and reputation that arises from or in connection with the display, sale, transfer or use of your goods displayed upon or acquired through the Site.

WITH RESPECT TO BUYERS:

Representations and Warranties

      You represent and warrant to bamwoO that:

 You are legally capable to enter into an agreement for the purchase of goods offered for sale on the Site , and entering into and   performing an agreement for the purchase of goods; 

You will comply with all the applicable laws, rules and ordinances related to purchase of the goods.

bamwoO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE. bamwoO DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Indemnification

       You understand that because bamwoO cannot and does not attempt to verify your ability to comply with the terms of this agreement or any statements that you may make to the seller or monitor your compliance with this agreement, and because bamwoO is not involved in the sales transaction (other than facilitating the use of a credit card for the transaction),bamwoO cannot and will not accept any liability that results from the display, offering for sale, sale or delivery of goods through the Site. Therefore, you agree to defend, indemnify and hold harmless bamwoO, its officers, directors, employees and agents from and against any and all demands, claims, liabilities, suits, proceedings, or any settlement, and all related expenses, including, but not limited, to all litigation expenses (including reasonable attorneys fees) and settlement amounts, as well as all special and consequential damages and damage to bamwoO goodwill and reputation that arises from or in connection with the goods displayed upon or acquired through the Site.

 FOR BOTH BUYERS AND SELLERS:

Our Liability Limit

    BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, IF NOT IMPOSSIBLE, YOU ASSUME THE RISK OF LOSS ORHARM RESULTING FROM THE USE OF THE SITE. BW SHALL BEAR NO LIABILITY FOR ANY HARM OR LOSS THAT YOU MAY SUFFER. HOWEVER, bamwoO SHALL BE LIABLE TO YOU FOR bamwoO INTENTIONAL WRONGS IN THE FULFILLMENT OF ITS RESPONSIBILITIES UNDER THIS AGREEMENT. bamwoO LIABILITY SHALL BE LIMITED TO THE LESSER OF THE ACTUAL DAMAGE YOU SUFFERED OR THE SERVICE FEE EARNED BY bamwoO FOR ANY COMPLETED TRANSACTION IN WHICH bamwoO INTENTIONAL WRONG OCCURRED (AND bamwoO INCURS NO LIABILITY IF NO TRANSACTION WAS INVOLVED).

Release of bamwoO

You acknowledge that the Site merely acts as the place for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to buy items. bamwoO is not involved in the actual transaction between buyers and sellers. bamwoO employs PayPal as the engine for the transaction. As a result, bamwoO has 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. bamwoO cannot ensure that a buyer or seller will actually complete a transaction. Additionally, user authentication on the internet is difficult. Thus, bamwoO cannot and does not confirm each user purported identity. Also bamwoO does not control the information provided by other users which is made available through the Site. You may find other user information to be offensive, harmful, inaccurate, or deceptive. It is your responsibility to use caution and common sense when using the Site. Further, you should be aware of the risks of dealing with foreign nationals, underage persons or people acting under false pretense. Because of these facts and bamwoO limited involvement in the actual transaction between buyers and sellers, if you have a dispute with one or more users, you release bamwoO, its officers, directors, employees, and agents from any and all claims, demands, actions, and any damages (for example, actual or consequential), related costs or expenses of every kind or nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of, directly or indirectly, the listing, buying and/or selling of any item on or through the Site.

HOW TRANSACTIONS WORK:

      1.   bamwoO ROLE - bamwoO provides a place for sellers and buyers to negotiate and complete transaction, including the facilitation fo the transfer of funds to complete the transaction. bamwoO is not involved in the actual transaction nor is it the agent for the buyer or seller in any transaction. As bamwoO delegates the responsibility  of transaction to pay pal, bamwoO conducts no investigation to determine the truth or accuracy of any statement made by any seller or buyer accessing the Site.      

     2.   POSTING OF ITEMS FOR SALE-  A seller may not list for sale, link or post any related materials for any item that is illegal, offensive, pornographic, firearms, tobacco, liqiour, social dating, narcotics, food, services of any kind, franchises, body parts, motor vehicles, animals, pornography, children, homes, deadly or harmful (including guns, knives, swords or other weapons, explosives, and other items of deadly or potentially deadly force), item to which you do not have the right to possess and/or sell (for example, illegal, stolen or counterfeit items),or items which infringe upon the rights of any entity (including, without limitation, the following right: trademark, copyright, patent, right of publicity or right of privacy). Collectively, the items are identified as "Unacceptable Items". bamwoO reserves the right,in it sole and absolute discretion, to determine if an item constitutes an Unacceptable Item.Furthermore, bamwoO reserves the right to limit, restrict, refuse or deny access to the Site should you make any listing, link or posting to or of an Unacceptable Item, or, in the sole discretion of bamwoO, to limit, restrict, refuse or deny access to the Unacceptable Item. Further bamwoO retains the right to recategorize Items, adjust pricing by to 20% for special promotions, reject any Items whose file size is not cost effective, reject Items that sell for less than $.01. bamwoO also reserves the right to terminate with any Seller and discontinue selling Items at any time.                                                  

     3.  SELLER\\\'S ROLE -  Seller agrees to complete the transaction agreed with a buyer in accordance with the terms of the seller listing and agreement. You understand that should you fail to complete the transaction by its terms, your actions or failures to act may allow one or more parties to take legal action against you. If you are a Seller, you acknowledge and agree that it is your sole obligation to determine if any tax (including, without limitation, sales, use or value added) is due on any transaction and it is also your sole obligation and responsibility to collect and report such tax(es), as well as to make proper payment. bamwoO takes no responsibility for any taxes arising from any transactions accomplished through use of the Site, and you, as a Seller, agree to indemnify, defend and hold bamwoO harmless from and against any taxes, fees or other assessments levied upon bamwoO by any authority having jurisdiction as a result of your transaction with a buyer, as well as the costs, including reasonable attorneys’ fees that bamwoO incurs to deal with the indemnified taxes. 

     5.  CUSTOMER SERVICE/SATISFACTION-  You, as Seller, acknowledge and agree that all buyer relation/satisfaction issues are your sole and absolute responsibility. This responsibility includes providing any assistance on lost or damaged goods, or that may result from your inability to satisfy your obligation to any buyer (for example, you are unable to provide the item purchased at all or within the time promised).

     6.  RESOLUTION OF DISPUTES - It is your sole and absolute responsibility to resolve any dispute with the buyer and without the involvement of bamwoO. You shall indemnify and hold bamwoO harmless against the damages, including reasonable attorneys’ fees that bamwoO incurs from involvement in any dispute with the Buyer.

     7. Upon agreement, you are liable for the results of the cube spin. If you accept these terms click I Agree/Ready to Buy

 APPLICABLE LAW:

     This Agreement shall be construed and interpreted pursuant to the substantive laws of the State of California without consideration to its choice law provisions.

DISPUTE RESOLUTION:

     Any claim, dispute or controversy arising out of, or relating to any section of this agreement or the making, performance or interpretation of the rights and obligations explicitly set forth in this agreement, shall, upon the election by written notice of any party to this agreement, be settled on an expedited basis by binding arbitration in San Francisco, California, before a single arbitrator pursuant to the commercial arbitration rules of the American Arbitration Association. No discovery shall be allowed except that each party will provide to the other party the documents the party will use in the arbitration no later than thirty (30) days before the first arbitration hearing. The decision of the arbitrator shall be binding on all of the parties. Judgment upon any award rendered may be entered in any court having jurisdiction. The arbitrator shall be bound by the terms and conditions of this agreement and shall not extend, modify or suspend any of the provisions of this agreement. The parties to this agreement agree that no punitive damages may be assessed by the arbitrator against any party before the arbitrator. The prevailing party in any arbitration, in addition to any other relief which may be awarded, shall be entitled to recover its reasonable attorneys fees. THE PARTIES WAIVE THEIR RIGHT TO HAVE A JURY OR JUDGE DECIDE DISPUTES SUBJECT TO THIS ARBITRATION AGREEMENT.

 
TERMINATION OF THIS AGREEMENT:

    Without limiting other remedies, bamwoO may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide our services to you: (a) if you breach this agreement; or (b) if bamwoO reasonably believes that your actions may cause legal liability for you, our users or us.

 AMENDMENTS:

      bamwoO may amend this agreement, or any schedule forming a part of this agreement (for example, the Fees ), from time to time, and at any time, by posting the amendment on the Site under the heading, Terms of Use. Any posted amendment shall become binding within thirty (30) days after the amendment is first posted on the Site. You are responsible for periodically reviewing the notices contained in the Terms of Use heading and any listed applicable changes. Your continued use of the Site shall constitute your acceptance of the agreement as amended. If you do not agree to any amendment, you must immediately stop using the Site. If you wish to amend this agreement, no amendment shall be binding upon bamwoO without a specific written agreement that a bamwoO officer signs

 PRIVACY:

     bamwoO takes the privacy of your personal information seriously. bamwoO has developed a separate Privacy Policy and asks you to review that Policy for more information on this topic. 

MISCELLANEOUS:

      If any provision of this Agreement is held to be invalid or unenforceable, the 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, along with the Terms and Conditions of Use posted on the Site, as such may be amended from time to time, sets forth the entire understanding and agreement between us with respect to the subject matter. No amendment shall be binding on either of us without a written amendment that both have signed.

 

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