1.1 The Services provided by SALVAGE SETTLERS . ("SALVAGE SETTLERS") through the SALVAGE SETTLERS Web Site (the "Site") are undertaken by SALVAGE SETTLERS in accordance with these terms(the "Terms"). By either listing products for sale or bidding for the purchase of products on the Site, users ("Users") agree to these Terms. SALVAGE SETTLERS reserves the right to modify the Terms by posting modified Terms on the Site.
1.2 Users who wish to become prospective buyers or sellers of products ("Products") listed on the Site shall register by selecting a login ID (your e-mail) and personal password and providing any other required registration information.
1.3 Users who log-in represent and warrant that (a) all information provided during registration is accurate and complete, and (b) all registration information from time to time will be updated so that it is kept current, accurate and complete at all times. Users are solely responsible for all conduct and transmissions that take place under their respective login ID and passwords. SALVAGE SETTLERS may request additional information at any time with respect to registration information. SALVAGE SETTLERS may, in its sole and absolute discretion, refuse to accept a User's registration, and may terminate a User's rights to continue using the Site for any reason at any time.
1.4 SALVAGE SETTLERS also collects generic information using IP addresses that do not identify Users directly, to help diagnose problems with the SALVAGE SETTLERS server, administer the Site, analyze trends, track Users' movements, and gather broad demographic information for aggregate use in order to improve the Site.
1.5 These Terms are in force at any time a User uses the Site in any way. If a User disagrees with these Terms, the sole remedy is for the User to terminate its use of the Site. Upon any termination of a User's right to use the Site, these Terms shall survive termination with respect to any use or transactions occurring prior to termination.
2.1 A prospective seller ("Seller") of Products must have the authority to sell the Products it lists for sale on the Site, free and clear of any liens, claims or other encumbrances. Seller agrees to use commercially reasonable efforts to supply accurate information for each Product listing (including quantity and condition), and will be solely responsible for the Product listing information. Each Product listing will be immediately posted on the Site by SALVAGE SETTLERS. SALVAGE SETTLERS reserves the right to reject any Products from posting on the Site
2.2 Any resale restrictions, costs, load-out requirements or special conditions required by the Seller must be clearly set forth in the Product listing description. Since the terms of any sale of Products are strictly between the Buyer and the Seller, the enforcement of any resale restrictions is solely the responsibility of the Seller and/or the Buyer, as agreed by the parties.
2.3 Products are typically sold by SALVAGE SETTLERS through an e auction. Once a SALVAGE SETTLERS eAuction begins, the Seller may not update or change the Product listing without SALVAGE SETTLERS approval. If any updates or changes are required for accuracy, it is the sole responsibility of the Seller to notify SALVAGE SETTLERS in a timely manner.
2.4 Seller agrees to payment of SALVAGE SETTLERS services in connection with a Product listing, the SALVAGE SETTLERS eAuction, and facilitating the sale of Products as between Seller and a registered buyer ("Buyer"), in the form of either a Commission or Exclusive Listing Fee.
3.1 Under the SALVAGE SETTLERS eAuction a Buyer is invited to submit a bid amount for Products to SALVAGE SETTLERS only prior to the set ending time ("Bid Amount"). No Bid Amounts may be submitted with changes to these Terms. Buyers should carefully review their Bid Amounts, Seller terms and the applicable Buyer Premium prior to submitting them. A Bid Amount is not retractable except in extraordinary circumstances such as when a clear typographical error is made. SALVAGE SETTLERS reserves the right to reject or void any Bid Amount in the sole discretion of SALVAGE SETTLERS.
4.1 SALVAGE SETTLERS is not a traditional auctioneer or broker. SALVAGE SETTLERS is not involved in forming the actual transaction between a Buyer and Seller. SALVAGE SETTLERS is neither an agent, partner, nor joint venturer of Buyers nor Sellers. SALVAGE SETTLERS does not take title to Products at any point in time in a transaction between a Buyer and Seller. SALVAGE SETTLERS has no control over the quality, safety or legality of the Products listed, the truth or accuracy of the Product listings, the ability of Sellers to sell Products or the ability of Buyers to buy Products. Any notes or descriptions in the Product listings are for information purposes only. Buyers should determine their Bid Amount based on the item conditions.
5.1 SALVAGE SETTLERS is not a principal or participant of the underlying transaction between Buyer and Seller. SALVAGE SETTLERS may rely on any instrument or e-mail reasonably believed by it to be genuine and to have been signed or sent by the proper party or parties, their officers, representatives or agents.
5.2 Should any dispute arise between the Buyer and Seller with respect to the Product Funding Amount, SALVAGE SETTLERS shall have the right to (a) refrain from taking any action other than to retain custody of the Product Funding Amount until it shall have received joint written instructions signed by each of Buyer and Seller, or a final order, judgment or decree from a court of competent jurisdiction, or (b) institute a bill of interpleader in any court of competent jurisdiction to determine the rights of the parties. If Buyer and Seller agree to resolve their dispute over the Product Funding Amount through binding arbitration, SALVAGE SETTLERS shall have the additional right to act on the instructions of the appointed arbitrator(s). Should such actions be necessary, or should SALVAGE SETTLERS become involved in litigation or other proceedings of any nature on account of the Product Funding Amount solely because it holds the Product Funding Amount, Buyer and Seller agree to pay SALVAGE SETTLERS, in addition to any commissions hereunder, reasonable attorney's fees incurred by SALVAGE SETTLERS and any other costs and expenses resulting from such actions, all of which may be deducted from the Product Funding Amount prior to their disbursement by SALVAGE SETTLERS.
5.3 For any agreement on the sale of Products, Buyer and Seller agree: (a) ALL PRODUCTS ARE SOLD "AS IS, WHERE IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE EXPRESSLY SET FORTH IN THE TERMS OF SALE FOR SUCH ITEM AND LABELED AS A "WARRANTY". (b) IN NO EVENT SHALL BUYER OR SELLER BE LIABLE TO EACH OTHER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY LOST REVENUE OR ANTICIPATED PROFITS, ARISING OUT OF OR IN CONNECTION WITH SUCH TRANSACTION. (c) IN NO EVENT SHALL THE LIABILITY OF SELLER TO BUYER, OR BUYER TO SELLER, FOR ANY SUCH TRANSACTION EXCEED THE BID AMOUNT OF THE PRODUCTS.
6.1 In any transaction on the Site, Buyer and Seller are responsible for determining whether sales, use, VAT, CST, transfer or other similar taxes of any taxing authority apply to the transaction and to collect, report and remit the correct tax to the appropriate tax authority. SALVAGE SETTLERS is not obligated to determine whether any such taxes apply and is not responsible for collecting, remitting or reporting any such taxes arising from any transaction. If any such taxes are applicable, it is the obligation of the Seller to disclose this prior to the start of the SALVAGE SETTLERS eAuction.
6.2 Buyers and Sellers agree to comply with all applicable laws and regulations (including those relating to taxes) regarding use of this Site and the sale or purchase of Products on this Site. Buyers and Sellers agree not to use this Site or any content contained in it for any illegal or inappropriate activities, which include harassing or bribing others, misappropriating or copying the contents of this Site or any listing, or selling fraudulent or counterfeit Products.
6.3 Sale price manipulation of any kind by users is strictly prohibited, including, without limitation, bidding through a secondary account or other party, by communicating with other buyers.
6.4 Buyers and Sellers shall not submit, publish, distribute, or transmit through this Site or its e-mail links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, or that would otherwise give rise to liability or violates any law.
6.5 Buyers and Sellers agree not to submit, publish, distribute, or transmit anything through this Site that will violate or infringe, or cause SALVAGE SETTLERS to violate or infringe, the intellectual property or other rights of any third party, including copyright, trademark, trade secret, privacy or other proprietary rights. Buyers and Sellers shall not use this Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users.
7.1 THIS SITE IS PROVIDED BY SALVAGE SETTLERS ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SALVAGE SETTLERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SALVAGE SETTLERS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT ON THE SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, SECURE OR OPERATE WITHOUT ERROR. SALVAGE SETTLERS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY BUYER OR SELLER.
7.2 IF, NOTWITHSTANDING THE FOREGOING, SALVAGE SETTLERS OR ANY SELLER SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE (WHETHER IN CONTRACT OR TORT) WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF THE SITE, THE LIABILITY OF SALVAGE SETTLERS AND ANY SELLER SHALL IN NO EVENT EXCEED THE COMMISSION PAID TO SALVAGE SETTLERS WITH RESPECT TO THE PARTICULAR TRANSACTION GIVING RISE TO SUCH LIABILITY.
Buyers and Sellers shall indemnify, defend and hold harmless SALVAGE SETTLERS, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents (collectively, the "SALVAGE SETTLERS Enterprise"), from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), brought by or on behalf of any third party against SALVAGE SETTLERS that arises out of (a) any breach or violation of these Terms, (b) any dispute with another Site user relating to your purchase or sale of Products on this Site, or (c) any personal injury, death or property damage caused by or arising out of the subsequent use of the Products purchased on the Site.
The Site may contain links to or banners advertising other sites on the Internet that are owned and operated by third party vendors and other third parties. SALVAGE SETTLERS is providing these links and banners solely as a convenience. The appearance of a link or advertisement does not imply SALVAGE SETTLERS' endorsement, nor is SALVAGE SETTLERS responsible for the content of any linked site.
This Site is controlled by SALVAGE SETTLERS from its offices in Dubai, UAE and New Delhi, India. The laws applicable to the interpretation of these Terms shall be the laws of the respective State of Dubai or Delhi, whichever is applicable, without regard to any conflict of law provisions.
Any legal action arising out of or relating to these Terms shall be filed only in the state courts of Dubai or Delhi, whichever is applicable, and Buyers and Sellers consent and submit to the exclusive jurisdiction and venue of such courts.
SALVAGE SETTLERS and the SALVAGE SETTLERS logo are trademarks or service marks of SALVAGE SETTLERS COMMERCIAL BROKERS, LLC., UAE AND SALVAGE SETTLERS PVT. LTD., INDIA. The trademarks, tradenames and all other material contained on this Site, including all portions of the website, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of SALVAGE SETTLERS or its licensors. Except as expressly permitted hereby, the use of any such property for any other purpose, or the modification, distribution or republication of such material without the prior written permission from SALVAGE SETTLERS, is strictly prohibited.
13.1 These Terms constitute the entire agreement and understanding of the parties in respect of its subject matter and supersedes all prior understandings, agreements, or representations by or among the parties, written or oral, to the extent they relate in any way to the subject matter hereof or the transactions contemplated hereby.
13.2 These Terms do not create, and shall not be construed by the parties or any third person as creating any agency, partnership, joint venture, or employment relationship between a Buyer or Seller and SALVAGE SETTLERS. The relationship of the parties under these Terms shall be solely that of independent contractors. Neither party shall have, nor hold itself out as having, any right, power or authority to assume, create, or incur any expenses, liability, or obligation on behalf of the other party, except as expressly provided herein.
13.3 SALVAGE SETTLERS's failure to exercise or enforce any right or provision of these Terms will not constitute our waiver of such right or provision.
13.4 All of the terms, agreements, covenants, representations, warranties, and conditions of these Terms are binding upon, and inure to the benefit of and are enforceable by, the parties and their respective successors and assigns.
13.5 The provisions of these shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof, provided that any provision of these Terms that is invalid or unenforceable in any situation or in any jurisdiction will not affect the enforceability of the remaining terms and provisions hereof or the enforceability of the offending term or provision in any other situation or in any other jurisdiction. Please feel free to contact SALVAGE SETTLERS to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, or sending an e-mail to [email protected] SETTLERS.com.