| Terms & Conditions |
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INTRODUCTION Welcome to WatchBin. By accessing and using the services of WatchBin you are agreeing to the following terms. Before you may become a member of WatchBin you must read and accept all of the terms and conditions in, and linked to, this User Agreement as well as the Privacy Policy. This agreement is effective August 1, 2009, for current users, and upon acceptance for new users. LOGIN INFORMATION You are required to create a username and password to use the services of WatchBin. Always use the same username and do NOT impersonate others. Do NOT create multiple screen names. Usernames may NOT reference your commercial web sites or trademarked names. It is your responsibility to ensure that your User Name does NOT violate these provisions. Upon registering and creating an account you become a "user" of WatchBin. Each and every user of WatchBin is responsible for maintaining the confidentiality of the password and is fully responsible for any and all information that is posted or generated under the user's password or account. Each user is responsible for any and all activities or transactions that occur under the user's password or account. Trolls (entity who makes provocative posts primarily to upset forum participants or to provoke an argument or heated exchange), shills (participants with an undisclosed motive or agenda usually posting praise or criticism about a dealer without disclosing some relationship to the dealer or a competitor of the fact that value was given or received in exchanged for or to motive the post) and disruptive or abusive users are not tolerated and will be terminated. USER FEES All fees are quoted in US dollars unless stated otherwise. You are responsible for the payment of all fees and taxes associated with membership, use and transactions on this site in a timely manner and with a valid payment method. If your payment method fails, we reserve the right to collect fees owed using collection mechanisms, including but not limited to, charging other payment methods on file with us, retaining collection agencies and retaining legal counsel. We reserve the right to change the fees charged for our services at any time effective immediately upon posting. TERMS OF USE While using WatchBin you agree that you:
ACCEPTANCE OF TERMS OF USE By accepting this user agreement you confirm that all the facts, information, listings and posts are true and accurately represented and depicted. You accept and affirm that you have read the terms of use and consequences of failure to follow same. You agree that failure to comply with the terms of this User Agreement may result in the immediate termination of your account. Any and all listing and / or posts that violate any of the terms of this agreement and/or the guidelines described herein and in the Privacy Policy may be removed immediately without notice. We reserve the right to limit, suspend and / or terminate: listings, posts, and general access to your user account and the website and to take any technical and legal steps to keep suspended or terminated users of the site. Limits, suspensions or terminations are within the sole discretion of WatchBin management and are not subject to appeal or challenge. Limits, suspensions and terminations apply regardless of user, username or entity name. Users who have been limited in any way and / or suspended or terminated may not post, list, purchase, browse or otherwise use the site in any way directly or indirectly through entities, fictitious names, third parties, alternate username, alternate user accounts or otherwise. Posting for or on behalf of a suspended or terminated user is a violation of the terms of use of this agreement and grounds for immediate terminations of your account. WatchBin reserves the right to monitor some, all or no areas of this site for adherence of these rule or applicable law. WatchBin does not ensure or provide any guarantee to any user that the rules are being adhered to. It is the sole responsibility of each user to ensure that they are aware of other users adherence to the rules when engaging in a transaction. Continued use by a suspended or terminated user will constitute trespass and WatchBin reserves the right to prosecute same legally. INDEMNITY You will indemnify and hold WatchBin (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorney fees by a third party as a result of your breach of this agreement or your violation of any law or the rights of a third party. RELEASE If you have a dispute with any users you release WatchBin (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any all claims, consequential damages, actual damages, and demands of every kind and of every nature arising out of or in any way connected to such disputes. LIABILITY We do not transfer legal ownership of items from the seller to the buyer. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items, the truth or accuracy of users' content/listing, the ability of seller to sell items, the ability of buyers to buy items or user ability or willingness to complete a transaction. You will not hold WatchBin responsible for users' content, actions, inactions, post, information, items or posts. The opinions posted on WatchBin are solely those of the author and not those of WatchBin or its officers. Those placing listings, posts or advice may not be experts and /or may not be truthful. You follow the advice at your own risk and will not hold WatchBin or its officers responsible for any direct or consequential damage as a result of following any such advice. WatchBin does not select the material listed or posted and does not determine who will receive it. WatchBin is simply a conduit and in no event will be responsible for lost time, product, profits or any direct, special incidental, or consequential damages directly or indirectly associated with WatchBin. NO AGENCY No agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by this agreement. LICENSING When you give WatchBin content, you grant us non-exclusive, worldwide, perpetual, irrevocable royalty-free, sublicensable, right to exercise the copyright , trademark publicity and database right you have in the content. If you believe that content posted on WatchBin infringes your copyright, please immediately send an email to admin@WatchBin.com with specific information about the location of the content in question and regarding your copyright. DISPUTE RESOLUTION You agree that if a dispute arises between you and WatchBin said dispute will be resolved using one of the options below or otherwise via method agreed to in writing by the parties. Law/Forum: This agreement is governed by the law of the State of the principal place of business of WatchBin as they apply to agreements entered into and to be performed entirely within the State of the principal place of business of Watchbin between the states residents without regard to a conflict of law provision. You agree that any claim or dispute against WatchBin must be resolved by a court located in the County of the principal place of business of WatchBin unless otherwise agreed to in writing by the parties or via Arbitration option below. You agree to submit to the person jurisdiction of the courts in the County of the principal place of business of WatchBin for the purpose of litigating all such claims or disputes. Arbitration: For any claim excluding claims for injunctive or other equitable relief where the total amount of the award sought is less than $10,000 the party requesting relief may elect to resolve the dispute in a cost effective manner through binding arbitration in the County of the principal place of business of WatchBin. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ADR provider in the County of the principal place of business of WatchBin mutually agreed upon by the parties. Improperly Filed Claims: Any claims brought against WatchBin must be resolved in accordance with this "Dispute Resolution" section. All claims brought or filed contrary to terms of this section will be considered improperly filed. Any frivolous or improperly filed claims against WatchBin will result in WatchBin's recovery of all applicable attorney fees and costs. WARRANTY WatchBin is provided "As Is" and without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fines for a particular purpose and non-infringement in accordance to all applicable laws. GUARANTEE / DISCLAIMER WatchBin does not guarantee continuous, uninterrupted access to our site. If any terms of this agreement are found to be unenforceable it shall not affect any other provisions which shall remain in effect and enforceable. USER AGREEMENT AMENDMENTS We reserve the right to amend this user agreement at any time. User agreement amendments will be posted on this site under "User Agreement." User Agreement amendments take effect upon posting. It is your sole responsibility to review the User Agreement each and every time you access this site as use of the site is your express consent of the terms of the policy in effect at the time of your usage/transaction.
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