2. Disclaimer of Warranties. The site is provided by InfaCity on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, InfaCity makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. InfaCity shall have no liability for any interruptions in the use of this Website. InfaCity disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
INFACITY SHALL NOT be liable for any damages whatsoever, and in particular INFACITY shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if INFACITY has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold InfaCity, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify InfaCity of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member.
Fees and Services
InfaCity does not charge its members to join or bid on listed items. InfaCity does not charge listing fees; however, we do charge for other services, such as closing fees and classified ads. After listing your item or service, you will have the chance to review and accept the fees noted. In accordance with our Fee schedule, at the end of each auction InfaCity will charge a small fee. If we make any changes to that policy you will be notified at least 10 days in advance. From time to time, InfaCity will offer its members promotional giveaways (for example, no closing fees). InfaCity will notify its members of these promotional giveaways by email and posting it on the site. It is the member’s responsibility to pay all incurring and revolving fees. You must pay your fees and applicable taxes on time. If you fail to provide valid payment information or your account is past due, we may consult a collection agency to recover our funds.
InfaCity PROHIBITS THE USE OF WIRE TRANSFERS AS A METHOD OF PAYMENT BECAUSE THE FTC RECOMMENDS BUYERS NOT WIRE MONEY!
InfaCity prefers buyers to use credit card, online payment service (which often accepts credit card payments), debit card, personal check, cashiers check, or money order.
The Federal Trade Commission deems credit cards as a safe option for you to use when paying for items brought on an Internet auction: They allow buyers to seek a credit from the credit card issuer known as a charge back if the product is not delivered or is not what you ordered. Online payment services are safe because the online payment service holds the account information, not the seller. Some online payment services offer protections to the buyer if the seller fails to ship the goods or ships goods not described in the auction.As for debit card, personal check, cashier's check, or money order buyer should only use this method of payment if they trust the seller. Sellers should ensure that checks and money orders they receive are legitimate before shipping the goods; be suspicious of checks or money orders for amounts that exceed the price of the merchandise.
If you suspect suspicious activity please email us at firstname.lastname@example.org or file a complaint with the FTC at www.ftc.gov
Seller's Legal Obligations
According to the FTC, Under federal law, sellers are required to advertise their product or service and terms of the sale honestly and accurately. You can not place "shill" bids on your item to boost the price or offer false testimonials about yourself in the comment section of our site.
You are prohibited from auctioning illegal goods. You have an obligation to ship merchandise within the time frame specified during the auction, or within two weeks if a time frame is not specified. If you can't meet the shipping commitment, you must give the buyer an opportunity to agree to the new shipping date or cancel the order for a full refund.
To file a complaint because a seller failed to send the merchandise, sent something of lesser value than advertised, failed to deliver in a timely manner, or failed to disclose all relevant information about a product or terms of sale please email us at email@example.com
Buyers must pay for items they commit to purchase.
Sellers need to email firstname.lastname@example.org to report an unpaid item. Please report nonpayment for instances up to 60 days from the date the buyer committed to buying. If at the time of filing the buyer is no longer a registered user of InfaCity or if the buyer lives in a country the seller has indicated they will not ship InfaCity will issue a Final Value Fee Credit.
InfaCity will contact the Buyer via email with a reminder to pay. The buyer has 7 days to pay. If the buyer does not pay, InfaCity will issue the seller a Final Value Fee Credit. The buyer will receive a flag on his/her account and if the buyer is a repeat offender will be banned from our site.
If the Buyer responds and informs InfaCity that they did not complete the sale with the seller based on a mutual agreement, the buyer will not receive a flag on their account. The seller must pay the Final Value Fee.
6. Modifications and Interruption to Service
InfaCity reserves the right to modify or discontinue the Service with or without notice to the Member. InfaCity shall not be liable to Member or any third party should InfaCity exercise its right to modify or discontinue the Service. Member acknowledges and accepts that InfaCity does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
The Federal Trade Commission warns buyer and sellers of "phishing"Where emails are sent to you asking you for personal information that look like they have been sent by an auction website or payment service. Most of the time, these emails are fishing for your information and are coming from someone who wants to hack into your account. Legitimate companies will not ask for personal information via email.
The Federal Trade Commission warns buyers of "bid siphoning" when a con artists lure bidders off legitimate auction sites by offering to sell the same item at a lower price. Their intentions is to trick consumers into sending money without delivering the item. If you go off-site you will lose any protection we provide.
The Federal Trade Commission warns buyers of "second chance offers" when con artists offer losing bidders of a closed auction a second chance to purchase the item that they lost in the auction. Again, you will lose any protection we provide by going off-site.
If you suspect fraud or suspicious activity please email us at email@example.com or file a complaint with the Federal trade commission at www.ftc.gov
8. Disclaimer Regarding Accuracy of Vendor
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While InfaCity makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
InfaCity makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts Florida
10. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements there of is ©2005 InfaCity.com, with all rights reserved, or is the property of and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of InfaCity is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of InfaCity.
InfaCity™ and InfaCity.com™ are proprietary marks of InfaCity.com. InfaCity’s trademarks may not be used in connection with any product or service that is not provided by InfaCity in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits InfaCity.
All other trademarks displayed on InfaCity’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with InfaCity.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, InfaCity.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Attn: Designated Copyright Agent
Linden Research, Inc.
1100 Sansome St.
San Francisco, CA 94111
By Fax: 415-243-9045
InfaCity retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, InfaCity reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14. Other Terms