THE FOLLOWING DESCRIBES THE TERMS ON WHICH OXBOWTRADECO.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement (the 'Agreement' or 'User Agreement') for Oxbowtradeco.com. This Agreement describes the terms and conditions that apply to your use of our services and our Privacy Policy and Copyright Notice available under the domain www.oxbowtradeco.com(the 'Site'). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use Oxbowtradeco.com.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on the Site. This Agreement is otherwise effective on May 1, 2005 for all users.
1. User Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). Further, if you are purchasing as a entity, you represent that you have the authority to bind the entity to this Agreement.
2. Oxbowtradeco.com is a Venue.
Oxbowtradeco.com is not a store in the traditional sense. The Site acts as a venue that allows us to offer goods and services to buyers worldwide and can be accessed at anytime, from anywhere. As a result, the availability of some itemss displayed on the Site may be limited. We have no control over the actual availability of the goods advertised or the accuracy of the quantities listed for sale.
3. Release.
Because we are a venue, in the event that you have a dispute arising from sales initiated on Oxbowtradeco.com, you release Oxbowtradeco.com(and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: 'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.'
4. Information Control.
We do not control nor validate the information customers provide us during the ordering process. Oxbowtradeco.com is not responsible for omissions or inaccuracies.
5. Breach.
Without limiting other remedies, we may temporarily suspend, indefinitely suspend or terminate your order and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
6. Privacy Policy.
We do not sell or rent your personal information to third parties and we only use your information as described in this Agreement to provide you our goods and services. We view the protection of your privacy as a very important principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.
7. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
8. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
10. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services and purchase of goods and services.
11. Copyright Notice.
The materials displayed on the Oxbowtradeco.com Site including, without limitation, all programs, scripting, formatting, web site architecture, all documents, informational text, photographs, illustrations, and other graphic materials and names, logos, trademarks and service marks, are the property of Oxbowtradeco.com, its suppliers, developers, or licensors and are protected by patent, copyright, trademark, and other intellectural property laws.
Any such content may be displayed and printed solely for your personal use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to anyone without the express prior written consent of Oxbowtradeco.com, its suppliers, developers and/or licensors.
12. General.
This Agreement shall be governed in all respects by the laws of the State of Oregon as such laws are applied to agreements entered into and to be performed entirely within Oregon between Oregon residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Oxbowtradeco.com in our sole discretion. Section 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 sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections shall survive any termination or expiration of this Agreement.
13. Disclosures.
The services hereunder are offered by Oxbowtradeco.com, located at S. Canyon Blvd., Canyon City, Oregon 97820.
Disputes between you and Oxbowtradeco.com regarding our services may be reported by using our Contact Page. |