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User Agreement |
Welcome to Gochange.net. In order for you, or your company, to obtain or continue using services as described at http://www.gochange.net, as such descriptions may be changed by Gochange.net from time to time (the "Gochange.net Services"), you must agree to hand accept the terms and conditions of this agreement (the "Agreement"). This Agreement sets out the terms and conditions under which you may utilize the Gochage.Net Services. Please read this Agreement carefully. It is important that you understand that upon your acceptance of this Agreement, by continuing to use any of the Gochange.Net Services.
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By continuing to use any of the Gochange.net Services you have review and understand the Agreement and agree to be legally bound by all its terms and conditions. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, Please do not accept/agree this terms of conditioning and Agreement.
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Your Capacity and Related Matters. By accepting the terms and conditions of this Agreement, You represent and warrant that (a) You are 18 years of age or older, (b) all information you have provided to Gochange.Net is true and correct in all respect, and (c) You will update Gochange.Net with any changes to information you have previously supplied. You further represent and warrant that you have the legal authority to accept the terms and conditions of this Agreement on behalf of you or your company and that such acceptance will be binding on you or your company, Gochange.Net reserves its right to refuse to provide you with any Gochange.Net Services and terminate this Agreement, with or without notice, if you have supplied any information which is misleading, untrue, inaccurate or incomplete.
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Undertakings of Gochange.Net.
Gochange.Net hereby grants you a non-exclusive, royalty-free, fully-paid up right, during the term, to use the Gochange.Net Services, subject to the restrictions herein and any other restrictions communicated by Gochange.Net to you, only as necessary to perform hereunder and for no other purpose.
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Compliance with Law and Gochange.Net Guidelines. In connection with the exercise of your rights and obligations under this Agreement (including, without limitation any related to individual privacy), you will comply, at your own expense, with all applicable laws, regulations, rules, ordinances and orders of governmental authorities having jurisdiction. You shall not use the Gochange.Net Services in any manner, or in furtherance of any activity that may cause Gochange.Net to be subject to investigation, prosecution, or legal action. In addition, you shall comply with all then current policies, procedures, and guidelines of Gochange.Net governing the Gochange.Net Services, including but not limited to the Gochange.Net Corp. Acceptable Use Guidelines available at or such other location as specified by Gochange.Net. Gochange.Net reserves the right to amend, modify or change such policies, procedures, and guidelines.
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Gochange.Net Obligations.
Gochange.Net will collect, retain, and disclose information and data collected from you in accordance with Gochange.Net's then current privacy policy available at www.gochange.net or such other location as specified by Gochange.Net. You hereby consent, as a condition of your enrollment in and use of the Gochange.Net Services, to the collection, use, processing and transfer of personal data as described in this paragraph and Gochange.Net's privacy policies. You understand that Gochange.Net will collect and hold personal or non-public information about you, including but not limited to: Your name, address, telephone number, (and if a sole proprietorship or partnership, your date of birth, salary, job title and credit history)for the purpose of considering eligibility for the Gochange.Net Services as well your customers' names, mailing & shipping addresses, email addresses, phone number, dollar amount of purchases, types of purchases and descriptions of purchases for the purpose of providing you with the Gochange.Net Services ("Data"). You also understand and agree that Gochange.Net may obtain various consumer reports regarding you from third parties, run a credit check or obtain other personal or credit information about you. You further understand and agree that Gochange.Net, its suppliers and/or their agents/contractors may transfer Data among themselves as necessary for the purpose of the provision and management of the Gochange.Net may further transfer Data to third parties assisting Gochange.Net in evaluating your eligibility for, provision of, administration and management of the Gochange.Net's Services, as well as under circumstances described in Gochange.Net's private policies, as they may be published on the Gochange.Net web site and changed from time to time by Gochange.Net.
4.1 Data Security Gochange.Net has implemented and will maintain security measures that provide commercially acceptable security for the transport of "Transaction" data using the internet. Gochange.Net does not warrant that "Transaction" data will be transported without interception or modification. For purposes of this Agreement, "Transaction" means any credit card authorization, credit, ticket only, batch settlement, or decline transaction completed or submitted by you to Gochange.Net.
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Fees. You shall pay to Gochange.Net the fees set forth in the Fee Schedule provided to you by Gochange.Net. The Fee Schedule is hereby incorporated into the terms of this Agreement by reference. If the amount(s) of one or more of the Fees is more than zero, Gochange.Net shall bill and collect such Fee(s) from you. If the amount(s) of one or more Fees listed in the Fee Schedule is zero or blank, Gochange.Net shall not charge, bill, or collect from you.
Unless seller and buyer agree for refund in a transaction, seller agrees to pay the fees for the services that are disclosed on the site at the time of completion. In case of refund, buyer agrees to pay the fees. Once paid, our fees are nonrefundable. Our fees may change from time to time in our absolute and sole discretion. We are not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the services or otherwise arising from the transaction. |
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Membership Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Gochange.Net members. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. Further, your Gochange.Net account (including feedback) and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
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Fees and Services. Joining and finding on items at Gochange.Net is free. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the announcements board. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the announcements board. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
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Gochange.Net is a Venue. Our site acts as a venue to allow anyone to trade, just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format. We are not involved in the actual transaction between traders. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of traders. We cannot ensure that a trader will actually complete a transaction. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, Gochange.Net cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our site. You may also wish to consider using a third party escrow service or services that provide additional user verification. Because we are a venue, in the event that you have a dispute with one or more users, you release Gochange.Net (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 542, 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." We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
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Obligations of Sellers. Each seller in a transaction shall deliver the items set forth in Order Details Screens directly to the buyer (or buyers), at the address specified by such buyer as shown on the GoChange.net website and on the terms and conditions set forth in the GoChange.net Instructions. Seller shall use a delivery service that provides a confirmation of delivery and seller shall provide GoChange.net with a tracking or reference number for the shipment of the goods. However, the seller may use a delivery service that does not provide a tracking or reference number. Seller gives us permission to act as its agent in communicating with the shipping company regarding the delivery of the goods. In the event we do not receive notice of shipment from seller within five (5) calendar days of notification from GoChange.net to ship the items, seller authorizes us to return the escrowed funds (excluding our fees) to buyer. In the event of a return of the items by buyer, we shall remit the escrowed fund (excluding our fees) to buyer, in the event seller accepts the returned items. If seller has not received the returned items or if seller notifies us of its non-acceptance of any returned items within the seller's inspection period, then we will retain the escrowed funds pending resolution of the dispute.
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Obligations of Buyers. Buyer must designate a payment mechanism and an account from which the purchase price and related fees will be obtained for the deposit into escrow. Depending on the amount of the transaction and the currency selected for the transaction, Buyer may remit the necessary funds via various methods, which may include corporate credit card, charge card, debit card or purchasing card, check (cheque), cashier's check, money order. Regardless of the payment method, buyer authorizes us and our authorized agents to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge buyer's obligations under Section 22 of this Agreement. We will deposit funds received from buyer into an escrow trust account maintained by us (the "Escrow Account"). Unless otherwise requested as specified in the following sentence, escrowed deposits do not earn interest for buyer or seller.
Buyer shall notify us of the receipt or non-receipt of the items on or before the date specified in the Order Detail Screens and of buyer's acceptance or rejection of the items on or before the date specified in the Escrow Instructions by clicking the appropriate button on the site each time buyer is requested to do so. Upon receipt of notice from buyer that the items have been received and accepted and confirmation of the notice by clicking again when asked, we shall transfer the payment amount (less any amount payable to us for our fees) to seller by check. Transfer to a seller generally will be initiated within five calendar days from the day on which notice of acceptance of the items is received from the buyer. If buyer has not notified us of the non-receipt or rejection of the items on or before the dates specified in the Escrow Instructions, then buyer authorizes us to remit the escrowed funds (excluding our fees) to the seller. Buyer shall follow the procedures set forth on the site in the event the items are rejected. |
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Our Responsibilities. We are obligated to perform only those duties expressly described in this Agreement. We shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct. We may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that we are uncertain as to our duties or rights under this Agreement, receive any instruction, demand or notice from any User or financial institution which, in our opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement or the escrowed funds, we may (i) consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds we may hold in escrow for delivery in accordance with the written agreement of the Users or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds with a court of competent jurisdiction.
We may, at any time, give notice of our intent to resign as escrow agent. If, within ten (10) days of such notice, we have not received notice from all Users in a transaction that they have designated a substitute escrow agent (which notice shall identify the substitute escrow agent), we may discharge our duties under this Agreement by depositing all escrowed funds with a court of competent jurisdiction. If an alternate escrow agent is so designated, we shall be discharged from our duties under this Agreement and the Escrow Instructions by delivering all escrowed funds to such person or entity. Upon payment of the escrow funds pursuant to this Agreement, we shall be fully released from any and all liability and obligations with respect to the escrow funds and the transaction. |
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Canceling A Transaction. If a transaction cannot be completed for any reason, such as because a seller has failed to deliver the items because the escrow funds or our fee has not been received or an Account cannot be debited or credited as provided in this Agreement, we will notify each User in such transaction by e-mail, to the e-mail address each has provided to us. In our sole discretion, we may cancel any transaction if each user to a transaction fails to agree on the terms as required in the Transaction Details Screens by clicking the "Agree" button as requested on the Site. You may cancel a transaction as provided in this Agreement, on the Site or in the Escrow Instructions.
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Exchanging. As a member, you are obligated to complete the transaction with the other member to trade. By exchanging on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of trade are not in violation of this Agreement or unlawful.
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Listing Items.
14.1 Listing Description. You must describe your item and all terms of trade on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the trade of that item. All listed items must be listed in an appropriate category.
14.2 Fraud. Without limiting any other remedies, Gochange.Net may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
14.3 Manipulation. You, trader may not manipulate the value of any item nor may you interfere with other user's listings or transactions.
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Your Information.
15.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, trade or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
15.2 Restricted Activities. Your Information (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, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, 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 or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than Gochange.Net's (this does not prevent linking to or advertising an Gochange.Net item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
15.3 License. Solely to enable Gochange.Net to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Gochange.Net will only use Your Information in accordance with our Privacy Policy.
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Access and Interference. Our 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 herein without our prior expressed 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 the Gochange.Net site or any activities conducted on our 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 Gochange.Net by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Gochange.Net or the appropriate third party.
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Feedback.
17.1 Integrity. You may not take any actions that may undermine the integrity of the feedback system.
17.2 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Gochange.Net, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Gochange.Net users, you agree that you shall not market or export your Gochange.Net feedback rating in any venue other than a Gochange.Net operated website.
17.3 Import. We do not provide you the technical ability to import feedback from other (non-Gochange.Net operated) websites to Gochange.Net because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
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Breach. Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership 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.
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Privacy. We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. 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. Our current Privacy Policy is available at our home page. If you object to your Information being transferred or used in this way please do not use our services.
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No Warranty. WE, OUR SUBSIDIARIES, 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, 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.
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Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, 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). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.
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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.
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Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
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No Agency. You and Gochange.Net are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Gochange.Net to collect our fees and/or recover damages for, or obtain an injunction relating to, the Gochange.Net site operations, 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 Orange County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Gochange.Net may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, California necessary to protect the rights or property of you or Gochange.Net pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
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General. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our 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 Gochange.Net, in our sole discretion, to a third party in the event of a merger or acquisition. 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 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Arbitration) shall survive any termination or expiration of this Agreement.
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Disclosures. The services hereunder are offered by Gochange.Net. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for our services are described at our home page.
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We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
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Additionally, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Service may be contacted in writing at P.O.Box 890 Westminster, CA 92684-0890.
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By clicking "I Agree" you agree and consent to (a) the GoChange.net User Agreement and Privacy Policy, and (b) receive required notices from GoChange.net electronically.
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