Tarser User Agreement
(the Agreement) sets forth the terms and conditions on which you will be allowed to use Tarser, LLC. (Tarser) services.
Binding Contract
This Agreement is a contract between you and Tarser, and applies to your use of all Tarser services (the Services). You must read, agree with, and accept all of the terms and conditions contained in this Agreement and in the Tarser Privacy Policy in order to use the Services. This Agreement is effective November 1, 2009 for current users, and upon acceptance for new users. We reserve the right to amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of Tarser Services.
Eligibility; Registration
a. To be eligible for our Services, you must be at least eighteen (18) years old and a resident of the United States. In the event you are not a resident of the United States and wish to use our Services, you agree to submit yourself to jurisdiction in the United States and the State of Arizona. b. To use the Services, you must submit a complete registration form on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using the Services. You agree to provide current, complete and accurate registration information, and then update the information as required to keep the registration information current, complete and accurate.
Privacy
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. In the event you receive information about another Tarser user through the Service, you must keep all information confidential, and you may not use or disclose any such information for marketing purposes unless you receive the express written authorization of Tarser and the Tarser user.
Intellectual Property
All logos, domain names, website content and other intellectual property that entail our products and services are the exclusive property of Tarser. You will not copy, imitate, modify, alter, amend or use any of the Tarser intellectual property without our prior written consent.
User Conduct
While using our Services, you agree to the following: To comply with all applicable laws, statutes, ordinances and regulations related to use of the Services; You may not use our Services to engage in fraud or other illegal activity, or advocate illegal activity; You may not use our Services to infringe upon or violate any right of a third party including: (a) trademark, copyright, patent, trade secret or other proprietary, intellectual property or contractual rights; (b) right of privacy (i.e. you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; To comply with the terms and conditions of all agreements you have with third parties, including but not limited to eBay; You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Tarser website, or any transaction conducted on the website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or limits our ability to provide the Services. You will not unload, send or post any information that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Tarser website; You agree not to collect, copy, reproduce, alter, modify, create derivative works, or publicly display any content or information from the Tarser website without the prior written consent of Tarser and the appropriate third-party. You agree not to use any robot, spider, or other automatic device or routine to access or interface with the Tarser website. You will not use or submit any materials that are (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity. You are solely responsible for all information, data, text, graphics, photographs, images, or other materials you provide to Tarser or other users of our Services, including but not limited to all information you submit to eBay that Tarser obtains via the Services (i.e. such as eBay email addresses, user IDs, passwords), and you acknowledge by using the Tarser Services that Tarser is acting only in a passive manner for your online storage, distribution, and publication of your materials; You will only use the space allocated to you in the Image Library for storing images used in advertisements placed through the Services; By using the Services and the Tarser website, you agree that Tarser has the right to access, monitor, remove, modify, or disable access to any or all of you materials at any time at the sole discretion of Tarser; Tarser cannot and does not assure that other users will comply with the foregoing User Conduct rules or any other provisions of this Agreement, and, as between you and Tarser, you assume all risk of harm or injury resulting from any such lack of compliance.
Passwords & Security
You will at all times maintain the confidentiality of your user names and passwords. In the event there is a breach of security through your account, you must immediately change your password. You agree to waive all claims against Tarser in the event the security of your account is compromised. Further, you agree to indemnify, defend, and hold Tarser harmless in the event Tarser incurs damages to its intellectual property or other financial damages due to a breach of confidentiality.
Fees & Payment Terms
You agree to pay all fees and taxes associated with using our Services. All fees are in U.S. Dollars unless stated otherwise. Tarser requires a monthly membership which covers use of all Services. Changes to fees and payment terms are effective immediately unless otherwise indicated, and it is your responsibility to check for any changes. Payment of Tarser invoices will be set-up and paid automatically through either PayPal or a credit card accepted by Tarser. All such payment information, including all Paypal information and credit card information will be on file with Tarser. You can also elect to prepay Tarser for a minimum of three (3) months via PayPal. Failure by you to make all timely payments may result in Tarser immediately terminating all Services, at the sole discretion of Tarser. Furthermore, in the event your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, which include but are not limited to retaining collection agencies and legal counsel to pursue collection.
Excessive Usage
Excessive users (Excessive Users) will be charged additional fees for Tarser services without notice. Tarser may deem a user an Excessive User in the event that Tarser determines, in its sole and absolute discretion, that such user is scheduling or launching items beyond the scope charged by Tarser pursuant to Tarser's package prices. Examples of an Excessive User include, but are not limited to, a user that has: a. One calendar day where 100,000 or more items are uploaded and/or submitted to Amazon; or b. One calendar month where 500,000 or more items are uploaded and/or submitted to Amazon. Tarser reserves the right to immediately terminate the accounts of all "Excessive Users at Tarser's sole and absolute discretion. In addition, Tarser reserves the right to charge all Excessive Users additional charges beyond package prices to use Tarser Services. Such charges are part of our fees, and must be paid immediately in order to remain an Tarser user with an active account. The amount of these charges are in Tarser's sole and absolute discretion. Companies, individuals, or other business entities, including but not limited to all affiliated entities will be deemed an "Excessive User" in the event that Tarser finds a user attempting to circumvent this Excessive Usage rule by setting up additional Tarser accounts that post to multiple eBay accounts.
Abuse, Suspension, Termination
Without limiting our other remedies, we may limit, suspend, or terminate our Services and your user account(s) at our sole discretion, without notice, and for any reason in the event we think you are abusing our services, you fail to follow the terms and conditions of this Agreement, you are creating problems or potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates, any third parties, or you are acting inconsistent with our policies or the spirit of our policies. In the event Tarser limits, suspends, or terminates your account, all monies paid to Tarser are non-refundable.
Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time without your consent.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will Tarser be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special or consequential damages including lost profits, personal injury (including death), loss of materials, loss of content, loss of files, loss of goodwill, costs of procurement of substitute goods and services, and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the Tarser website or content, or (b) the conduct or actions, whether online or offline, of any user of the Tarser website or any other person or entity, even if we have been advised of the possibility of such damages. In the event Tarser is found liable, Tarserís total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to negligence) or otherwise will not exceed the amount paid by you in the past six (6) months, if any, or $100, whichever is less.
No Warranty
The Tarser website and services are provided on an ìas-is basis and without warranty or condition, express, implied or statutory. Tarser, its suppliers and distributors, specifically disclaim all implied warranties of title, merchantibility, fitness for a particular purpose and non-infringement.
Release
If you have a dispute with one or more users, you release us (which includes but is not limited to our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
No Agency
No agency, partnership, joint venture, employee-employer, franchisee-franchisor, or principal-independent contractor relationship is intended or created by this Agreement.
Cancellation
We reserve the right to cancel all inactive accounts at our sole discretion and without notice.
Indemnification
By accepting this Agreement, you agree to indemnify, defend, and hold Tarser and its officers, directors, agents, subsidiaries, joint ventures, and employees harmless from all claims, judgments, costs, expenses, or liabilities, including reasonable attorneys fees and costs arising out of any acts or omissions made by a third party arising from the breach of this Agreement or a violation of law or the rights of a third party.
Severability
In the event that a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy, then only the portions of this Agreement which violate such statute or public policy shall be stricken. All portions of this Agreement which do not violate any statute or public policy shall continue in full force and effect. Further, any court order striking any portion of this Agreement shall modify the stricken terms to give as much effect as possible to the intentions of the parties under this Agreement.
Attorneys Fees
In the event suit is brought about or an attorney is retained by Tarser pursuant to this Agreement to enforce the terms hereof, to collect any monies due hereunder, or to collect money damages for a breach hereof, Tarser is entitled to recover in addition to any other remedy, regardless of the outcome of such suit, the reimbursement for reasonable attorneys fees, court costs, costs of investigations, expert witnesses, discovery and other related expenses incurred in connection therewith as determined by the court and not a jury.
Governing Law / Venue
This Agreement shall be governed by and construed under and in accordance with the laws of the State of Arizona and with the laws of the United States of America. Venue for any action will take place in Phoenix, Arizona, United States of America. By accepting this Agreement, you subject yourself to jurisdiction in federal and state courts located in Phoenix, Arizona, United States of America.
Authority
Each individual that agrees to this Agreement on behalf of a corporation or other entity warrants that he is authorized to do so and that this Agreement will constitute the legally binding obligation of the entity which he represents.