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User Agreement and Privacy Policy
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By using the "MercyMe Inc." ("MMI") on-line auction service ("the Service") (a member of the BusinessHere Network of auction websites hosted by BusinessHere, Inc. ("BusinessHere")), the User agrees to the following Terms and Conditions:
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MMI and BusinessHere require the User to provide his or her full name, full address, phone number and email address and valid credit card number and credit card expiration date, and to create a password and a username, to use the Service. The User represents and warrants that all information provided is true and accurate.
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Users must be of legal age with the ability to enter into binding contracts for the sale and purchase of MMIds. The User represents and warrants that he or she is at least 18 years of age.
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If the User conducts transactions with the Service, including bidding, buying or selling, MMI and BusinessHere may track any such transactions. If the User sends personal correspondence, including but not limited to emails or letters, or if other Users or third parties send correspondence about the User's activities or postings on the site, such information may be collected into a file specific to each User.
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All information collected as referenced in paragraphs 1 and 3 above is referred to in this Agreement as "Personal Information."
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MMI and BusinessHere may aggregate information and disclose such information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, MMI and BusinessHere will not disclose to these entities any information that could be used to personally identify any User. Certain information, such as each User's password and credit card number, will not be disclosed in aggregate at all.
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MMI and BusinessHere cooperate with relevant law enforcement and enforce intellectual property rights and other controlling legal rights. The User expressly consents to the use and disclosure of all Personal Information for the purposes of cooperating with law enforcement and enforcing intellectual property rights and other controlling legal rights. Further, Users hereby authorize BusinessHere or MMI to disclose any Personal Information, however obtained, about any User to law enforcement or other government officials, as either BusinessHere or MMI, in its sole and unrestricted discretion, believes necessary or appropriate to comply with the law.
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MMI and BusinessHere may use Personal Information to improve the Service's layout, content and product offering. MMI and BusinessHere may use Personal Information to inform Users of changes and new offerings. MMI and BusinessHere may use email addresses, mailing addresses or phone numbers to contact Users regarding account and invoicing issues. If Users choose to list products on the Service, MMI and BusinessHere may use the User's address and billing information to bill the User.
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BusinessHere may use a User's Personal Information and activity to resolve disputes, troubleshoot problems and enforce any contract with MMI.
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With respect to other Users' Personal Information that Users obtain through the Service or through a BusinessHere-related communication or BusinessHere-facilitated transaction, BusinessHere grants a license to such Users to use such information only for: (a) BusinessHere-related communications that are not unsolicited commercial messages, (b) third party services offered through BusinessHere (i.e. escrow) and (c) any other purpose into which such User expressly opts into after disclosure of the purpose(s). In the case of (c), Users must give other Users an opportunity to remove themselves from any database and a chance to review what information has been collected about them. This license does not allow Users to add another User to a mail list (email or physical mail) without the User's express written consent after disclosure of the purpose(s). In addition, under no circumstances, except as set forth in subparagraphs (a) through (c) of this paragraph, can Users disclose Personal Information about other Users to any third party without BusinessHere's and MMI's consent and the consent of each other User after disclosure of the purpose(s).
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Due to the existing regulatory environment, any User's Personal Information may be disclosed in ways other than those set forth in this Agreement. Furthermore, although industry standard practices are used to protect each User's Personal Information, MMI and BusinessHere do not warrant that Personal Information will remain private.
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DISCLAIMER OF WARRANTIES: THE SERVICE IS BEING PROVIDED BY BUSINESSHERE AND MMI AT THE SOLE RISK OF THE USER. NEITHER BUSINESSHERE OR MMI OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR THAT THE INFORMATION OR ACCESS WILL BE ERROR-FREE; NOR DO MMI OR BUSINESSHERE OR ANY OF THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE AND DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, EXPRESSED OR IMPLIED ON THE USE OF THE SERVICE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION.
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LIMITATION OF LIABILITY: NEITHER MMI NOR BUSINESSHERE NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, MMIDWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF SERVICE PROVIDERS, AND THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND PARAGRAPH 10 SURVIVE ANY TERMINATION OF THIS AGREEMENT.
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BusinessHere does not warrant the content or the context of the listings. This includes, but is not limited to, mistakes and typographical errors entered by a seller. Furthermore, BusinessHere has no involvement in and does not warrant the quality, safety or legality of the products or services listed on the Service. BusinessHere is not involved in the actual transaction between buyers and sellers. Payment terms are to be agreed upon between seller and buyer. BusinessHere does not warrant that sellers will complete the sale of a lot, or that buyers will go through with the purchase of a lot; all risk is taken by the individual Users. This risk includes but is not limited to risks associated with dealing with foreign nationals, underage persons, or persons acting under false pretense.
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BusinessHere does not warrant preservation of records, and BusinessHere may delete information without notice, at its sole discretion.
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BusinessHere does not warrant that it will notice or prevent any inappropriate use of the Service. BusinessHere does not warrant that it will notice or prevent Users from registering with false demographic information.
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Contents of the Service are the exclusive property of MMI or BusinessHere and may not be reproduced in any form without prior written consent of BusinessHere. "BusinessHere" and the BusinessHere logo are trademarks of BusinessHere and may not be used without prior written consent.
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BusinessHere and MMI reserve the right to refuse service to anyone at any time. BusinessHere and MMI reserve the right to cancel any listing at any time. BusinessHere and MMI reserve the right to cancel any bid at any time.
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Each User warrants that his or her information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for BusinessHere or cause BusinessHere to lose (in whole or in part) the services of ISPs or other suppliers; (i) shall not include any hypertext links, linked images, redirects, Java or JavaScript code, or any other element that enables the user to connect to any other Web site, ftp site, or newsgroup; and (j) shall not include descriptions of MMIds or services that: (1) are prohibited under this Agreement; or (2) Users do not have a right to include. Furthermore, Users may not list any item on the Services (or consummate any transaction that was initiated using the Services) that, by paying to BusinessHere the listing fee or the final value fee, could cause BusinessHere to violate any applicable law, statute, ordinance or regulation.
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The laws of the State of Ohio govern this Agreement. Users expressly agree that exclusive jurisdiction for any claim or dispute resides in the courts of the State of Ohio. Users further agree and expressly consent to the exercise of personal jurisdiction in the State of Ohio in connection with any dispute or claim involving BusinessHere or MMI.
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