User Agreement
The following describes the terms on which XS-Machinery.com offers you access to our services.
Introduction
By using the services on the XS-Machinery.com website (the “Site”), you are agreeing to the following terms (the "Agreement" or "User Agreement"), including those available by hyperlink, with XS-Machinery.com’s owner/operator EX-FACTORY INC. (the “Company”).
Acceptance of Agreement
Before you may become a member of XS-Machinery.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information.
This Agreement is effective as of November 1, 2007, for current users, and upon acceptance for new users.
If you do not agree to be bound by the agreement, do not use or access our site or services.
Modification
We reserve the right to change or otherwise alter his agreement at any time, at our sole discretion, and post the amended terms on this Site; you are responsible for reviewing this agreement on a regular basis to be informed of any changes for your continued use. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the XS-Machinery.com Message Center.
This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
Content
You understand that all postings, text, images, videos, or other material (content) transmitted through or posted on this site are solely the responsibility of the person from whom such content originated. The Site does not control and is not responsible for content made available through this service. As the one who posts, you are entirely responsible for each content item made available through this service; and as the one who browses this service you may be exposed to content that may be inaccurate, misleading or otherwise objectionable.
Conduct
While using the Site, you will not:
- Post content or items in an inappropriate category or areas on the Site;
- violate any laws, third party rights, or our policies;
- use the Site if you are not able to form legally binding contracts or are under the age of 18;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to XS-Machinery.com;
- take any action that may undermine any feedback or ratings systems;
- transfer your XS-Machinery.com account (including any feedback or rating) and User ID to another party without our consent;
- distribute or post spam, viruses or any other technologies that may harm XS-Machinery.com, or the interests or property of XS-Machinery.com users;
- copy, modify, or distribute content from the Site and XS-Machinery.com's copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent or for commercial or unlawful purpose.
Reservation of Rights
The Site retains the right, but does not have the obligation, to immediately remove any posting or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, product inaccuracies, unlawful items, procedures or actions otherwise prohibited by the procedures and guidelines contained on this Site, or for any other reason in the sole and absolute discretion of the Site and to correct any inaccurate listing, product inaccuracies, inappropriately categorized items, or technical problems on the Site.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Fees and Services
- Browsing through the listings on XS-Machinery.com is free.
- Contacting a seller about a particular listing requires registration as a member, registration is free.
- Listing an item requires member registration and a minimum payment of the basic listing fee as noted in the Fee Schedule. Upgrading can be made at any time to list features or add enhancements as detailed in the Fee Schedule.
- Buyers do not pay a fee to purchase item(s) on this site. Buyers may request additional fee-based services as outlined in the Fee Schedule.
- We may elect to change fee schedules for our services for promotional events or new services, and such changes are effective when we post the promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in US-Dollars. You are responsible for payment of all fees and applicable taxes associated with the Site in a timely manner with a valid payment method.
Content License
When you provide content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity and database rights you have in the content, in any media.
Third Party Information
The Site and content available may contain features/functionality that link or provide access to third party content completely independent of the Site, including websites, directories, servers, networks, systems, products & services, and the Internet as a whole, and dealings with people under false pretense. By using this Site you agree to accept such risks and should use whatever investigation you deem appropriate before proceeding with any transaction with these third parties; you assume total responsibility and risk for your use of the Site and the Internet.
Liability
You will not hold XS-Machinery.com responsible for other users' actions or inactions, including items they post. The Site is a venue allowing registered users to offer, sell, and buy items. We do not participate and 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 advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of this Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
Because the Site is not the seller in transactions between buyers and sellers, if a dispute arise between one or more participants, each releases the Site (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California civil code §1542 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statues or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this agreement, and that without such waiver, this agreement would not have been entered into by the Site.
If you have a dispute with one or more users, you release us (and 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.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the XS-Machinery.com Privacy Policy. We view protection of users' privacy as a very important principle.
We store and process your information on computers located in the United States that are protected by physical, as well as technological security devices. You may access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the XS-Machinery.com Privacy Policy. If you object to your Information being transferred or used in this way, please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any and all claims, losses, liabilities, costs, and expenses, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. This obligation will survive the termination of this agreement.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and XS-Machinery.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and XS-Machinery.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of North Carolina as they apply to agreements entered into and to be performed entirely within North Carolina between North Carolina residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against XS-Machinery.com must be resolved by a court located in Mecklenburg County, North Carolina, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Mecklenburg County, North Carolina for the purpose of litigating all such claims or disputes.
- Arbitration Option - 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 non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against XS-Machinery.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, XS-Machinery.com may recover attorneys' fees and costs up to $1,000, provided that XS-Machinery.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
General
XS-Machinery.com is wholly owned and operated by EX-FACTORY INC., located at 1805 Sardis Road North, Charlotte, North Carolina 28270. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
You may report complaints to the Consumer Protection Division of the North Carolina Department of Justice by contacting them in writing at 9001 Mail Service Center, Raleigh, NC 27699-9001, or by telephone at 877-566-7226 within NC, 919-716-6000 outside NC, or at www.ncdoj.com.
