THE FOLLOWING DESCRIBES THE TERMS ON WHICH EXGOOD OFFERS YOU ACCESS TO OUR SERVICES:
Welcome to the user agreement (the "Agreement" or "User Agreement") for ExGood. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.exgood.com (the "Site") (including half.ExGood.com) and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
MEMBERSHIP ELIGIBILITY AND AGREEMENT
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended ExGood members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your ExGood 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.
You agree as a condition of use and membership that ExGood may contact you for the purpose of informing you of changes to this Agreement or describing new ExGood Services available on the Site.
DISPUTES
ExGood has no responsibility to resolve disputes between users and visitors regarding posted ads using the ExGood's Services, or otherwise. We recommend that you contact the other Member through the "Contact" links available through your Account's main page to resolve disputes. You further agree to notify ExGood of any activity on the Site that you believe may be deceptive, fraudulent or misleading.
ExGood will transmit certain information about a Buyer to the Seller, and about the Seller to a Buyer, upon the Buyer's commitment to purchase the Seller's listed item through the ExGood's Service. You agree that you will not use or disclose to any other person or entity any part of another Member's personal information that was disclosed to you by ExGood for any purpose not expressly and directly related to such transaction. Furthermore, you acknowledge and accept the risk that other Members may misuse your personal information provided to them by ExGood, and you acknowledge and agree that ExGood is not in any way responsible or liable for any resulting loss, harm, injury or damage which may result from such.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the any of the Services available on the Site. You are responsible for all the activity that takes place within your Member Account, even if such activities can be demonstrated to have been performed by another person or entity. You should never share the information required to access your Member Account with anyone or allow others to use your Member Account.
You agree that ExGood is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold ExGood, its subsidiaries, affiliates, co-brand partners and other partners, and their respective officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by ExGood that arise out of any third party or governmental claim that involves, relates to, or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of ExGood as a reseller of goods.
You agree as a Member that ExGood shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services.
TERMINATION
Either party may terminate the Agreement at any time. Upon termination or expiration of this Agreement for any reason, all obligations or liabilities of any Member under this Agreement, as well as under the Terms of Use and Privacy Statement, shall survive to the maximum extent permissible under applicable laws, including without limitation: all accrued payment obligations, amounts owed for Services, liability related to the use or misuse of ExGood content, and indemnification obligations as set forth in this Agreement. You authorize ExGood to keep a record of any information related to your Member Account even in the event of termination. You explicitly authorize ExGood to maintain a record of any credit card you had used in connection with your Member Account even in the event of termination.
To terminate your Member Account, you must send an email to admin@exgood.com stating that you want to terminate your account. Upon termination of your Member Account, you will still be obligated to pay any fees (or other amounts) owing to ExGood.
ExGood may terminate your Member Account by sending you notification to your e-mail address and/or by simply suspending access to your Account. If your Member Account or other privileges are terminated by ExGood or by you, you may be considered for reinstatement, at ExGood's sole discretion.
PRIVACY POLICY
At ExGood ("ExGood") we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address ("personal information").
We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. We may offer on the Site non-transactional and transaction based services ("Service(s)") in which, subject to applicable terms and availability, you may participate (e.g., submitting posts reviews or becoming a Member to browse or post ads through our Service). In order to provide you with the Services you request, ExGood may require that you first provide certain personal information, which we determine is reasonably necessary in order for us to fulfill your request. If you indicate an interest in participating in a Service, we will identify what specific personal information you must provide prior to collecting such information. Any personal information which we collect from you will only be used for the purposes identified in this Privacy Statement, the ExGood Terms of Use and your applicable Member Agreement with ExGood, and as may otherwise be indicated at the time the information is collected.
ExGood will not disclose your personal information to any third party unless:
1) it is necessary in order to provide you with a particular Service you have requested;
2) it is required of ExGood in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request);
3) ExGood determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of ExGood, its subsidiaries, affiliates, co-brand partners or other parties under contract with ExGood, our users, or others; or
4) you have provided such data through a partner's private-level shopping web site hosted by ExGood, in which case ExGood may provide your personal data to that partner (ExGood is not responsible for its partners' privacy policies or their use, storage and processing of data collected on their web sites). In addition, ExGood may transmit information to a poster/merchant, such as an invoice number, which may permit the poster/merchant to deduce the identity of a user/reviewer in the event that a poster/merchant disputes a user review on the grounds that a transaction never took place between the user and the poster/merchant and/or an order was never made by the user in each case for the applicable product(s)/service(s).
In certain instances, ExGood may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked "optional" (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
Our web servers collect from Site visitors statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as providing necessary traffic information to our advertisers. This information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see.
The Site contains cookie technology, which collects non-personal information about you which is used to customize the Site for your future use.
The Site contains links to web sites of third parties. ExGood is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. ExGood adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
Content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by ExGood and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and ExGood has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to info@exgood.com
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY ExGood ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ExGood MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ExGood SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. ExGood DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ExGood'S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ExGood DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ExGood MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM ExGood ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ExGood WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH ExGood'S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.