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Terms of Use
Rev. Date 10/1/2008
Please read these Terms of Use carefully!
These Terms of Use are the agreement between you and 4Sale4Now, Inc., (“4Sale4Now”) that governs your use of this website www.4sale4now.com. Please read this Agreement carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by all of the terms and conditions below including 4Sale4Now’s Privacy Policy, which are intended to be fully effective and binding upon 4Sale4Now and you. Please print a copy of these Terms of Use for your reference.
4Sale4Now reserves the right to modify or amend these Terms of Use at any time. Notice of changes to these Terms of Use will be communicated to you in advance. All changes will be effective immediately upon their posting to this Website. Material changes will be conspicuously posted on this Website. You agree that by accessing or using the 4Sale4Now Website without any objection following posting of such changes, constitutes your acceptance of the revised terms.
1. 4SALE4NOW IS ONLY A VENUE
Although 4Sale4Now refers to this Website as an “auction” site, 4Sale4Now is not a traditional “auctioneer.” This Website is a venue that allows sellers ("Sellers") to offer items for sale and invites buyers ("Buyers") to purchase the items, whereby the price of the item may be repeatedly discounted by a given amount over a time frame set by the Seller until all of the items have sold, the price has reached the Seller's base price, or the time allotted for the sale has expired.
4Sale4Now is only a venue to bring Buyers and Sellers together. 4Sale4Now does not transfer legal ownership of an item from the Seller to the Buyer. 4Sale4Now is not involved in the actual transaction between the Buyer or Seller and offers NO WARRANTY, express or implied on any item sold in connection via the Website. Any express or implied warranties provided for an item are made by the Seller and as a Buyer you should ask the Seller for a copy of any such warranties, if any are provided. 4Sale4Now has no control over the quality, safety or legality of the items posted on this Website or the truth or accuracy of the item listings.
It is your responsibility to understand the terms and conditions of any sale before participating in an auction as either a Buyer or Seller.
Delivery of any item purchased with the assistance of this Website will take place upon terms and at a place and time mutually agreed upon by the Buyer and Seller. As a Buyer, unless you and the Seller agree otherwise, you will become the lawful owner of the item upon physical receipt of the item from the Seller.
2. SITE USE
4Sale4Now grants you permission to download the content of this Website for viewing and to print a single hard copy for your personal use only. All content on this Website is for informational purposes only and does not in any way create a legal contract, express or implied, between 4Sale4Now and you obligating 4Sale4Now to purchase from you or sell to you any item.
Except as set forth above, you may not otherwise use, copy, modify, distribute, republish or transmit any of the content or materials of this Website without the written permission of 4Sale4Now. You agree (1) that you will not use any robot, spider, scraper or other automated means to access, monitor, or copy all or a portion of this Website or any data from this Website, without 4Sale4Now’s express written consent; (2) that you will not bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this Website; (3) that you will not take any action that imposes an unreasonably or disproportionately large burden on this Website’s infrastructure; and (4) that you will not use any automatic or manual process to monitor or copy any portion of the Website without 4Sale4Now’s prior written permission.
You understand and expressly agree that use of the Internet and this Website is at your own risk, that any material or data downloaded or otherwise obtained through the Internet or this Website is at your own discretion and risk, and that you are solely responsible for any damage to your computer system, loss of data or any other form of damage that may be incurred. You must comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website. 4Sale4Now and its officers, affiliates, directors, advisors, members, representatives, and agents are not liable to you for any damage resulting from use of the Website, nor for any damage relating to events, information or data provided or referenced on this Website.
3. PROHIBITED ITEMS
4Sale4Now prohibits the buying or selling of certain items. Before you list your item, it is your responsibility to determine if your item is subject to prohibitions. Violations of these policies may result, without limitation, in the cancellation of the listing, forfeiture of fees, limitations on your account privileges, and/or cancellation of your account.
4Sale4Now's policies regarding listing items are based on country and state laws. However, some items have been prohibited due to their sensitive or dangerous nature.
Be aware that items that are legal in one country may not be legal in another. When selling across borders, you agree that it is your responsibility to comply with any international trading or import restrictions.
A list of prohibited items is provided below. This list is provided for illustrative purposes and should not be viewed as an exhaustive list. 4sale4now reserves the right to prohibit and/or restrict items not listed below.
· Adult Material
· Alcohol
· Animals and Wildlife Products - examples include live animals, mounted specimens, and ivory
· Artifacts - examples include Native American crafts, cave formations, and grave-related items
· Catalytic Converters and Test Pipes
· Cell Phone (Wireless) Service Contracts
· Charity or Fundraising Listings
· Coins
· Contracts
· Cosmetics, Used
· Counterfeit Currency and Stamps
· Credit Cards
· Drugs & Drug Paraphernalia
· Drugs, Describing Drugs or Drug-like Substances
· Electronics Equipment - examples include cable TV de-scramblers, radar scanners, and traffic signal control devices
· Electronic Surveillance Equipment – examples include wiretapping devices, and telephone bugging devices
· Embargoed Goods and Prohibited Countries - examples include items from Cuba
· Expired military MREs (meals ready-to-eat), unless the MRE is considered a collectible item and is not intended for consumption (and the listing states the MRE is not intended for consumption)
· Firearms, Weapons and Knives - examples include pepper spray, replicas and stun guns
· Food including Drug Claims - for example, claims that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals
· Fruit and Vegetable Juice Products that have not been Heat Pasteurized
· Gift Cards
· Government and Transit Documents
· Government and Transit Uniforms
· Government IDs and Licenses
· Hazardous, Restricted, and Perishable Items - examples include batteries, fireworks, and Freon
· Human Parts and Remains
· Importation of Goods into the United States - examples include CDs that were intended only for distribution in a certain country
· International Trading
· Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine
· Lock Picking Devices
· Lottery Tickets
· Mailing Lists and Personal Information
· Manufacturers' Coupons
· Mature Audiences
· Medical Devices - examples include contact lenses, pacemakers, and surgical instruments
· Multi-level Marketing, Pyramid and Matrix Programs
· Non-pasteurized Dairy Products
· Offensive Material - examples include ethnically or racially offensive material and Nazi memorabilia
· Pesticides
· Plants
· Police-Related Items
· Political Memorabilia
· Postage Meters
· Prescription Drugs
· Prohibited Services
· Real Estate
· Recalled Items
· Slot Machines
· Stamps
· Stocks and Other Securities
· Stolen Property and Property with Removed Serial Numbers
· Surveillance Equipment
· Teacher's Edition Textbooks
· Tobacco
· Transit and Shipping Related Items - examples include blueprints of transit facilities, airplane operations manuals, and flight attendants’ uniforms
· Travel Club Memberships - examples include any service, cards, or identification number that purports to give the holder the right to free or discounted travel with a travel provider
· Travel Certificates, "Choice" - examples include any certificate or document that is not issued directly by a single provider of travel, but by a travel wholesaler, consolidator, or other middleman travel seller, offering free or low-cost travel services with a choice of service providers and locations.
· Underwear, Used
· Weeds and Seeds
· Wild Mushrooms
· Wine
4Sale4Now prohibits the buying or selling of any illegal item including, but not limited to, any counterfeit item or unauthorized replica, unauthorized item, or unauthorized copy. Before you list your item, it is your responsibility to determine if your item is counterfeit or constitutes an unauthorized replica, item, or copy. Notification by a third party that an item listed on the Website is counterfeit or constitutes an unauthorized replica, item, or copy will result, without limitation, in the termination of the listing by 4Sale4Now.
You may immediately report a listing which includes a counterfeit item or unauthorized replica, unauthorized item, or unauthorized copy at: contactus@4sale4now.com.
4. RESTRICTED ITEMS
4Sale4Now restricts the buying or selling of certain items. Before you list your item, it is your responsibility to determine if your item is subject to restrictions. Violations of these policies may result, without limitation, in the cancellation of the listing, forfeiture of fees, limitations on your account privileges, and/or cancellation of your account.
A list of restricted items and a explanation of the restriction is provided below. The explanations provided neither replace nor supplant 4Sale4Now's User Agreement or other policies, but rather, supplements these policies. This list is provided for illustrative purposes and should not be viewed as an exhaustive list. 4sale4now reserves the right to restrict items not listed below.
· Art - 4Sale4Now encourages the lawful sale of art that protects the interests of the artists and prevents fraudulent transactions. Therefore, as a Seller, you agree:
(1) Not to knowingly sell, exhibit, trade produce, or advertise any unauthorized copy or reproduction of any work of art. A reproduction of art (in the form of a poster, print, or exact replica painting) is authorized only if it does not violate any applicable laws, copyrights, or trademarks.
(2) Where the listing is an exact replica painting, that (a) the words "Reproduction" or "Repo" shall be included in the title and (b) the item description shall clearly state that the work of art is a reproduction.
(3) The artist's name shall only be include in the title of the listing when the work of art was done by the artist him/herself or an exact replica of the artist's work. The artist's name shall not be included in a listing when a work of art is done "in the style of" the artist.
(4) A work of art shall not be described or marketed as genuine if you cannot provide reasonable evidence as to its authenticity. If a work of art is described by you as genuine, you shall not disclaim knowledge of, or responsibility for, the authenticity or legality of the work so described.
(5) Any information concerning alterations, conservation, or repairs performed on the work of art shall be fully disclosed in a clear in prominent manner in the listing.
(6) Not to knowingly participate in any way in the advertisement or sale of any work of art using deceptive practices, including, but not limited to, false or misleading claims of the item's scarcity, value, provenance, condition, or investment potential.
(7) To abide by all laws relating to the sale of works of art and to assist in the prosecution of violators of the law in this respect.
· Event Tickets – 4Sale4Now encourages the lawful resale of event tickets (including, but not limited to, tickets to events such as sport games, concerts, and plays). AS A SELLER, YOU ARE RESPONSIBLE FOR ENSURING THAT THE SALE OF AN EVENT TICKET DOES NOT VIOLATE ANY APPLICABLE LAW.
Several states have specific laws limiting event ticket resale prices. IT IS YOUR RESPONSIBILITY TO KNOW AND COMPLY WITH THE LAWS OF ANY APPLICABLE STATE REGARDING RESALE PRICES. In listing an event ticket for resale, the starting resale price shall not be greater than the face value of the ticket. Face value includes the price of the ticket and any service charge and tax charged by the original ticket provider that is printed on the ticket.
4Sale4Now encourages the sale of ticket packages and such ticket packages are exempt from state ticket resale regulations. To qualify as a 'ticket package,' the listing shall not provide the option to purchase the event ticket(s) alone and must include either (1) at least one item of experience of substantial value related to the ticketed event that, as the Seller, you have coordinated with the event promoter, team, manager, artist, or venue (items of experience having substantial value include, but are not limited to, a backstage pass, a meeting with a performer, or an "experience" such as being a bellboy at a basketball game) or (2) a complete travel package, specifically including airplane tickets to the event and commercial lodging for one night.These additional items may not be separated from the event tickets themselves and still remain categorized as a “ticket package.”
· Food - 4Sale4Now encourages the lawful sale of food. The sale of food is regulated by federal and state law. AS A SELLER, IT IS YOUR RESPONSIBILITY TO FAMILIARIZE YOURSELF AND COMPLY WITH THESE LAWS PRIOR TO LISTING FOOD OR FOOD-RELATED ITEMS.The sale of specific items of food are prohibited and prior to making a listing, you should read the "Prohibited Items" section (section 3) of the Terms of Use.
As a Seller, you agree that:
(1) The listing of perishable items shall clearly identify the steps that will be taken to ensure the items are delivered to the Buyer safely.
(2) All food and food-related items shall be packaged or sealed to ensure that the evidence of possible tampering are readily identifiable.
(3) All items must be delivered to the Buyer prior to any clearly marked expiration or "use by" date.
· Gift Certificates / Gift Cards - 4Sale4Now does not support fraudulent transactions. In order to discourage such transactions, 4Sale4Now encourages the lawful sale of gift certificates or gift cards with the following restrictions:
(1) The value of the gift certificate or gift card shall not exceed $500.00 USD
(2) Gift certificates or gift cards may not be sold as pre-sale items and must be in hand at the time the listing is made.
(3) Only one gift certificate or gift card may be listed per week, per seller. For this purpose, a week is defined as seven (7) days from the end of the previously listed gift certificate or gift card by the same seller.
(4) Multiple gift certificates or gift cards cannot be combined under a single listing.
At its sole discretion, 4Sale4Now may exempt first party suppliers, or authorized 3rd party contractors, from all or some of the above listed restrictions.
· Travel - 4Sale4Now does not support fraudulent transactions. In order to discourage such transaction, 4Sale4Now encourages the lawful sale of travel services by individuals who are not in the business of selling travel services with the following restrictions:
(1) Only one travel item may be listed per month, per seller, provided the trip is not a travel club membership or "choice travel certificate" (see "Prohibited Items" section 3) or related item.
(2) The Seller shall not play any role in arranging any travel other than delivering the travel item.
Many airline tickets, vouchers, and frequent flier miles are nontransferable. As an Seller of a travel item, it is your responsibility to review any item prior to listing to verify that it can be transferred legally to another party and will be accepted by the issuing provider of the travel service.
4Sale4Now encourages the sale of travel services by providers of travel services. Businesses that actually provide travel services, such as airlines, hotels and cruise ships, may list items such as their own gift certificates, airline tickets, or vacation packages. Although such providers of travel services may be exempted from seller-of-travel laws and may not need to provide travel license information, 4Sale4Now encourages such sellers to clearly identify themselves in the listing as the actual provider of the travel services offered.
4Sale4Now encourages the sale of travel services by travel agents and other business selling travel services. Businesses and individuals who sell and/or arrange travel or accommodations, but do not directly provide the travel or accommodation themselves, may list travel related items along with accommodations only if (1) they are licensed sellers of travel lawfully able to do business in all 50 states, (2) they themselves will be booking the travel for the Buyer, and (3) their California seller of travel license number as well as any other license information required by other states is included in the listing. Additionally, the following disclaimer must appear in all listings for travel exactly as it appears below and in a text size and color that can easily be seen and read by potential Buyers: "By listing this auction I verify that I am the actual travel agent or travel provider and not a third party affiliate. The travel/accommodations in this auction will be booked directly through me and not an outside agency. I also verify that, other than the government taxes and related government fees stated within the listing description itself, there will be absolutely no additional fees, charges or after auction purchases associated with booking the travel within this listing."
The business of arranging travel packages, providing travel certificates, or operating travel clubs is heavily regulated in many states. AS A SELLER OF SUCH ITEMS, IT IS YOUR RESPONSIBILITY TO FAMILIARIZE YOURSELF AND COMPLY WITH ANY SUCH LAWS.
· Used Clothing (except underwear) – Used clothing must be thoroughly cleaned according to the manufacturer's instructions prior to sale.
You may immediately report violations to 4Sale4Now at: contactus@4sale4now.com.
5. INTELLECTUAL PROPERTY RIGHTS
Copyright © 2008 4Sale4Now, Inc. All rights reserved.
All content on this Website, such as text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations and software, is the property of 4Sale4Now or its suppliers and vendors, unless otherwise noted, and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of 4Sale4Now and is protected by United States and international copyright laws.
4Sale4Now is the owner of the trademark 4Sale4Now.com™ and other trademarks posted on the Website. Other graphics, logos, page headers, button icons and service names appearing on this Website are also distinctive and protected trademarks or trade dress of 4Sale4Now or its affiliates. This Website may also contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of 4Sale4Now’s marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited and will be prosecuted to the fullest extent that the law provides.
6. USER CONTENT
When you provide content to 4Sale4Now, in the form of an item for sale or otherwise (collectively "User Content") you are granting 4Sale4Now a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, post, display, copy, modify the format of, reproduce, and distribute such User Content as necessary to maintain the Website, manage the auction and conduct the business anticipated by this Agreement.
4Sale4Now does not guarantee item prices or availability or the accuracy of any User Content on this Website. All items for sale are posted by the Seller, not 4Sale4Now. All item prices and descriptions provided as part of a sale made in response to a purchase of an item or otherwise on this Website are established and placed by the Seller, not 4Sale4Now. You agree that 4Sale4Now has no liability for any misrepresentation, incomplete statement or failure to disclose any item data, or for any claims arising from a transaction resulting from your use of this Website or a business transaction you enter into using this Website.
4Sale4Now is not responsible for and shall have no liability for, for any User Content, including defamatory, offensive or illicit material and that risk of damages from such material rests entirely with you. In addition, 4Sale4Now has no liability for errors in your User Content. 4Sale4Now is a publisher of any such User Content, and is acting solely as an Internet Website Provider as such term is defined in the Digital Millennium Copyright Act.
4Sale4Now reserves the right to take down or not otherwise allow User Content that is unlawful, offensive or otherwise impermissible in our sole discretion.
If you believe that your copyright in any material has been infringed on this Website, please provide our Copyright Agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:
(a) a description of the copyrighted work you claim has been infringed,
(b) a description of the material that you claim is infringing, identified with sufficient detail for Provider to locate it on the Website,
(c) your address, telephone number and e-mail address,
(d) a statement by you that you have a good faith belief that the disputed use is not authorized,
(e) a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
(f) a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.
4Sale4Now's Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:
Copyright Agent
Michael K. Roach
All's Write, Inc.
One South Wacker Dr., Ste. 1670
Chicago, IL 60606
312-214-2908
mroach@allswrite.com
7. SUSPENSION AND TERMINATION
You agree and understand that 4Sale4Now may, under certain circumstances and without prior notice to you, immediately suspend or terminate your account and/or your access to the Website upon the occurrence of any of the following: (1) your breach of these Terms of Use or User Agreement or other rules or guidelines set forth by 4Sale4Now for use of the Website; (2) a request from a court of law, law enforcement or other government agency; (3) unexpected technical or security issues; (4) extended periods of inactivity; (5) discontinuance of all or a substantial part of our services; or (6) any other occurrence, which 4Sale4Now deems in its reasonable discretion, requires suspension or termination of your account.
8. NO SITE WARRANTY
This Website is provided by 4Sale4Now on an “as is” basis with no warranty whatsoever. 4Sale4Now disclaims all warranties with respect to this Website, any items posted or sold through this Website, and with respect to any information available on this Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
4Sale4Now also makes no warranty or representation regarding the results that may be obtained from this Website, or the accuracy or reliability of any information obtained from the Website, or that any information will meet any of your requirements, be uninterrupted, timely, secure or error-free. 4Sale4Now is not responsible for the timeliness, deletion, misdelivery or failure to store any of your communications, including without limitation, any purchase order you may submit or attempt to submit.
Some states do not allow the exclusion or limitation of implied warranties, so some of the above exclusions may not apply to you.
9. NO LIABILITY
In no event will 4Sale4Now or any of its officers, affiliates, directors, advisors, employees, representatives, or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including without limitation damages: (1) for loss of use, data, information, profits or business interruption; or (2) arising out of or in any way related to (a) the use or performance of this Website or any linked site, (b) any products, services or information obtained through this Website, (c) for the inability to use the Website, or (d) otherwise arising out of the use of this Website. This limitation applies whether based in tort, contract, negligence, strict liability or otherwise, and even if 4Sale4Now has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue using this Website even if such remedy should fail of its essential purpose.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you.
10. RELEASE AND INDEMNIFICATION
Because 4Sale4Now is not a party to the purchase or sale of any item that is the subject of an auction, in the event that you have a dispute with one or more Buyers or Sellers arising from any communications, negotiations, transactions or other activities conducted or initiated through this Website, you release 4Sale4Now and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You hereby expressly waive the application of California Civil Code Section 1542 and any other similar statute that provides for the unenforceability of any general release as to claims which you do not know or suspect to exist at the time of executing this release.
You agree to indemnify, defend and hold harmless 4Sale4Now, its officers, affiliates, directors, advisors, employees, representatives, and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising from your use or misuse of the Website, or the violation of this Agreement, including without limitation, your infringement of any intellectual property or other right or policy of any person or 4Sale4Now.
4Sale4Now reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you shall cooperate with 4sale4now in asserting any available defenses.
11. THIRD-PARTY WEBSITES
4Sale4Now is not responsible for and has no control over the contents of any sites linked to, referenced by, or accessible from this Website, or any site that links to our Website, including without limitation any Buyer or Seller websites. Any links or references are provided for your convenience, and are not intended as an endorsement by 4Sale4Now or a warranty of any type regarding any sites or the products, services, information or materials on any such sites. Your linking to or otherwise visiting any other site is at your own risk, and 4Sale4Now accepts no liability for the contents, accuracy or currency of any other site.
12. YOUR ACCOUNT
You may browse this Website without registering, subject to these Terms of Use.
However, in order to place a purchase order or receive products or services from this Website, you must set up an account with 4Sale4Now. In order to set up an account you must provide your e-mail address and create a password, along with submitting the following information: name, physical address, shipping address, telephone number, and date of birth. All registration information is subject to 4Sale4Now’s Privacy Policy.
You are responsible for all activity that takes place under your user ID. It is your responsibility to maintain the confidentiality of your password. You may not transfer, assign, or sell your account to any third party. You must provide accurate and current information to us to open and maintain your account. If you provide any information that is false, misleading, inaccurate, or outdated, 4Sale4Now may suspend or terminate your account and deny you access to the Website.
If you are using or registering with this Website on behalf of a business entity, you represent and warrant to 4Sale4Now that you have the requisite authority to bind such business entity to this Agreement.
13. SALES
Do not take action to purchase an item unless you are serious about satisfying the terms of the sale. As a Buyer, you are obligated to complete the transaction with the Seller if you have taken action to purchase an item and inventory of that item remains, unless the transaction is prohibited by law or by the User Agreement. For more information on the sale process as a Buyer, please see the User Agreement.
Do not post an item for sale unless you are serious about accept purchase orders. As a Seller, you are obligated to complete the transaction with interested buyers, unless the Buyer cannot meet the other terms of the sale or unless the transaction is prohibited by law or by the User Agreement. For more information on the sale process as a Seller, please see the User Agreement.
14. INTERPRETATION AND DISPUTES:
This Agreement is governed by the laws of the United States and the State of Illinois, without regard to any conflict of laws provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement. Venue for any dispute arising under this Agreement shall be proper exclusively in Cook County, Illinois. In the event of any dispute the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs.
If any provision of this Agreement is deemed unenforceable or invalid by a court or arbitrator, including, without limitation, the provision on warranty disclaimers or the provision on the limitation of liability, then the court or arbitrator making such determination shall modify such provision to the minimum extent necessary so as to make it enforceable and valid; but if this cannot be done then the provision shall be severed and the remaining terms will be interpreted to give them maximum enforceability. A waiver or modification of any provision of this Agreement will be effective only if in writing and signed by 4Sale4Now. Nothing in these Terms of Use shall imply or create any type of joint venture, partnership, employment or agency relationship between you and 4Sale4Now as a result of this Agreement.
Any controversy or dispute arising out of or relating to this Agreement must be resolved by binding arbitration before a sole arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) calendar days of a written request for arbitration, an arbitrator will be selected pursuant to the rules and procedures of the American Arbitration Association (AAA). Either party may seek from any court interim or provisional relief that is necessary to protect the rights or property of that party, pending the appointment of the arbitrator or pending the arbitrator’s determination of the merits of the controversy.
15. UNAUTHORIZED ACCESS
Potential users in any jurisdiction, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and warranty disclaimer), or which makes accessing the Website illegal, are unauthorized to use the Website, and do so entirely at their own risk.
16. ELECTRONIC COMMUNICATIONS
You acknowledge that these Terms of Use is a valid and binding agreement. To the fullest extent permitted by law, these Terms of Use and any other documentation, agreements, notices or communications between you and 4Sale4Now regarding this Website or your use of this Website, may be provided to you electronically by posting them on the Website or sending them to the e-mail address you provide to 4Sale4Now. You agree to receive all such documentation, agreements, notices or communications in electronic form. Please print a copy of all such documentation, agreements, notices or communications for your reference.
17. DISCLOSURES
This Website and the services hereunder are offered by 4Sale4Now.com., located at 1051 East Main Street Ste. 103, East Dundee IL, 60118. You may have this information e-mailed to you by sending a letter to the foregoing address, including your e-mail address and a request for this information.
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