INTRODUCTION
This Agreement contains the complete terms and
conditions that apply to you in joining, buying, bidding, selling
and all other activities you will make in our website. By using or
shopping from this Web site, you agree to be bound by its terms of
use and shall comply thereof. This Agreement describes and
encompasses the entire agreement between us and you, and
supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site, the content and computer programs provided by or through the
Site, and the subject matter of this Agreement. Amendments to this
agreement can be made and effected by us from time to time without
specific notice to you end. Agreement posted on the Site reflects
the latest agreement and you should carefully review the same
before you use our site.
Use of the site &
PROHIBITIONS
The Site allows you to post offers, sell,
advertise, bid and shop online. However, you are prohibited to do
the following acts, to wit: (a) use our sites, including its
services and or tools if you are not able to form legally binding
contracts, are under the age of 18, or are temporarily or
indefinitely suspended from using our sites, services, or tools
(b) posting of an items in inappropriate category or areas on our
sites and services; (c) collecting information about users'
personal information; (d) maneuvering the price of any item or
interfere with other users' listings; (f) post false, inaccurate,
misleading, defamatory, or libelous content; (g) take any action
that may damage the rating system. For you to complete the sign-up
process in our site, you must provide your full legal name,
current address, a valid email address, and any other information
needed in order to complete the signup process. You must qualify
that you are 18 years or older and must be responsible for keeping
your password secure and be responsible for all activities and
contents that are uploaded under your account. You must not
transmit any worms or viruses or any code of a destructive
nature.
Payments AND PROCESSES OF INVIOCES
OrexiBurn
has the sole discretion to provide the terms of payment. Unless
otherwise agreed, payment must first be received by OrexiBurn the
latter's acceptance of an order. Unless credit term has been
agreed upon, payment for the products shall be made by credit
card, paypal or wire transfers. Invoices are due and payable
within the time period noted on your invoice, measured from the
date of the invoice. An order may be invoice separately. OrexiBurn
has all the discretion to cancel or deny orders. OrexiBurn is not
responsible for pricing, typographical, or other errors in any
offer by OrexiBurn and reserves the right to cancel any orders
arising from such errors. Invoices must be paid within 15 days of
the invoice date. For all but consumer purchases, OrexiBurn
reserves the right to charge you a late penalty charge of 1% per
month applied against undisputed overdue amounts or the maximum
rate permitted by law whichever is less. Every 30 days thereafter,
you will continue to be charged an additional late penalty charge.
RISK OF LOSS
All items purchased from our website are
made pursuant to a shipment contract. The risk of loss and title
for such items pass to you upon our delivery to the carrier
Editing,
Deleting and Modification
We may edit, delete or modify any
of the terms and conditions contained in this Agreement, at any
time and in our sole discretion, by posting a notice or a new
agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR
PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You
hereby acknowledge that all rights, titles and interests,
including but not limited to rights covered by the Intellectual
Property Rights, in and to the site, and that You will not acquire
any right, title, or interest in or to the Program except as
expressly set forth in this Agreement. You will not modify, adapt,
translate, prepare derivative works from, decompile, reverse
engineer, disassemble or otherwise attempt to derive source code
from any of our services, software, or documentation, or create or
attempt to create a substitute or similar service or product
through use of or access to the Program or proprietary information
related thereto.
Fraud
FRAUDULENT ACTIVITIES are highly monitored in our
site and if fraud is detected OrexiBurn shall resort al remedies
available to us, and you shall be responsible for all costs and
legal fees arising from these fraudulent activities.
MISCELLANEOUS
This
Agreement shall be governed by and construed in accordance with
the substantive laws of USA, without any reference to
conflict-of-laws principles. Any dispute, controversy or
difference which may arise between the parties out of, in relation
to or in connection with this Agreement is hereby irrevocably
submitted to the exclusive jurisdiction of the courts of US, to
the exclusion of any other courts without giving effect to its
conflict of laws provisions or your actual state or country of
residence. The entire agreement between the parties with respect
to the subject matter hereof is embodied on this agreement and no
other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor
transferred to anybody, and any such attempt may result in
termination of this Agreement, without liability to us. However,
we may assign this Agreement to any person at any time without
notice. In the event that any provision of these Terms and
Conditions is found invalid or unenforceable pursuant to any
judicial decree or decision, such provision shall be deemed to
apply only to the maximum extent permitted by law, and the
remainder of these Terms and Conditions shall remain valid and
enforceable according to its terms.
PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS
Our
privacy policy is part of, and subject to, these terms and
conditions of use.
CONTENT OWNERSHIP
All content
on our website is owned by us or our content suppliers. On behalf
of ourselves and our content suppliers, we claim all property
rights, including intellectual property rights, for this content
and you are not allowed to infringe upon those rights. We will
prosecute to the fullest extent of the law anyone who attempts to
steal our property.
You agree not to copy content from
our website without our permission. Any requests to use our
content should be submitted to us by e-mail to
[email protected].
If you believe that your
intellectual property rights have been infringed upon by our
website content, please notify us by sending an e-mail to
[email protected], or by sending mail to us at the
address listed below. Please describe in detail the alleged
infringement, including the factual and legal basis for your claim
of ownership.
ENTIRE AGREEMENT
These terms and
conditions, including the policies incorporated herein by express
reference, constitute your entire agreement with us with respect
to your use of our website.
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