USER AGREEMENT
TRANSPORT UNIVERSE is a unique Internet business model.
TRANSPORT UNIVERSE WILL ACTIVELY
PROTECT IT'S COPYRIGHT AND PATENT CONTENT. WE WILL DILIGENTLY PERSUE ANY 'COPY CAT',
MODIFICATION, ALTERATION, SUBSTIUTION, IMITATION, REVERSE ENGINEERING OR RESEMBLANCE
TO
THE , WE WILL DILIGENTLY PERSUE ANY 'COPY CAT',
MODIFICATION, ALTERATION, SUBSTITUTION, IMITATION, REVERSE ENGINEERING OR RESEMBLANCE
TO
THE , WE WILL DILIGENTLY PERSUE ANY 'COPY CAT',
MODIFICATION, ALTERATION, SUBSTITUTION, IMITATION, REVERSE ENGINEERING OR RESEMBLANCE
TO
THE TRANSPORT UNIVERSE INTERNET BUSINESS
MODEL OR CONCEPT; EITHER WITH RESPECT TO SPECIFIC OR GENERAL CONTENT . TRANSPORT UNIVERSE TRANSPORT UNIVERSE TRANSPORT UNIVERSE WILL OPERATE A GLOBAL POLICY OF
PROACTIVE PROTECTION OF IT'S RIGHTS, CONCEPT, MODEL, CONTENT AND CUSTOMER BASE AND
ACTIVELY SEEK OUT EVEN MINOR INFRINGEMENTS.
TRANSPORT
UNIVERSE may on occasion enter into exploratory discussions with respect to licensing of
it's Model, Concept or ENGINEER & CONDITION Report or Reporting System to global
market makers. We believe the public will benefit from the effectiveness of our system by
providing the consumer at both ends of a transaction with more information than could be
expected from actually being there. Queries should originate from intersested
principals only.
1) THE FOLLOWING DESCRIBES THE TERMS ON WHICH TRANSPORT UNIVERSE OFFERS YOU IT'S
SERVICES. BY PRESSING THE "I AGREE" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS
BELOW.
You must be over 18 to register as a buyer or a seller
You must enter correct contact information at the time of registration. This
information must remain current throughout any changes. Notwithstanding , changes in the
user agreement from time to time. This information may be made available to other
registered users for post transaction contact. Except for the SUPER CLASSIFIED site buyers
and sellers will communicate exclusively through site navigation.
By accepting this Agreement, you expressly consent to certain disclosures of your
person to other parties.
And to the use of your information by us and third parties, as referred to in our
current privacy policy.
2)With respect to content :
You are solely responsible for your content, and we act as a passive conduit for your
online distribution and publication of your information. However, we may take any action
with respect to your content if we believe it may create liability for us or may cause us
to lose (in whole or in part) the services of our ISPs or other suppliers.
3) We may terminate your Account, listing or bid and cancel any open listings at any
time immediately if you breach this agreement, if you infringe third party intellectual
property rights, or if we are unable to verify or authenticate any information you have
provided us.
4)Users who are part of any computer network agree that the information obtaine [under
the single user agreement] shall not be available to any other user on the network,
whether within their own physical location, or with any other offices and/or affiliates of
any type.
5)For any violations of this agreement we may choose to remove some or all of your
content or make your content private in which case your content or bid will not be
publicly displayed (although you will be able to view it). Again, if applicable, no refund
will be paid. Following termination (or, to the extent that you exceed the applicable
storage limits, we may remove some or all of your content from our servers or elect to
retain it, at our sole discretion.
6)Multi-national and Corporate accounts:
You may not transfer or share your Account with anyone. You may not disclose your
password to any third parties. Corporate and Multi-National subscribers must have one
Account for each participating employee; employees may not share Accounts. TRANSPORT
UNIVERSE hereby grants a limited license to each participant to make personal use only
of the TRANSPORT UNIVERSE Site and the Services. This license expressly excludes,
without limitation, any resale or commercial use of the TRANSPORT UNIVERSE Site and
the Services, making any derivative,imitation, modification, alteration,substitution or
resemblence of the Site or the Services.
7)TRANSPORT UNIVERSE is not responsible for the accuracy, manner, time, disposition or
intent of sellers descriptions in part or in the content of a ENGINEER REPORT OR CONDITION
REPORT supplied on the TRANSPORT UNIVERSE AUCTION, SUPER CLASSIFIED or
WANTED sites
as an aid "as is" which is used to identify items or any service on any of the TRANSPORT
UNIVERSE AUCTION, SUPER CLASSIFIED or WANTED sites
8)TRANSPORT UNIVERSE expressly rejects any implication of approval, endorsement,
guarantee,warranty, liability, or responsibility of any kind for any statement made in any
listing; or, on any ENGINEER or CONDITION REPORT supplied by or on the TRANSPORT
UNIVERSE internet site . Service is provided provided "AS IS", "AS
AVAILABLE" The buyer and the seller assume all risk associated with the use of this
service.
9)We cannot control the ability of buyers or sellers to fulfill their end of an
agreement. We cannot control the truth or accuracy of listings, graphics, and/or
information in posted items. Please note risks in dealing with international transactions,
those using false pretense, or underage persons.
10)The buyer and seller expressly assume all risk and liability arising from the offer
for sale. All warranties, express or implied, are disclaimed, including but not limited
to, any implied warranties of merchantability and fitness or a particular purpose. Sellers
may not manipulate the price of their item, either by using a shill (a secondary account
or third party) or by bidding themselves.Your Information and your items for sale on TRANSPORT
UNIVERSE: (a) shall not be fraudulent or involve the sale of counterfeit or stolen
items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy; (c) shall not violate any
law, statute, ordinance or regulation (including without limitation those governing export
control, consumer protection, unfair competition, antidiscrimination or false
advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (e) shall not be obscene (f) shall not contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; and (g) shall not link directly or indirectly to
or include descriptions of goods or services that:(h) are prohibited under this Agreement;
(i) are identical to other items you have up for auction but are priced lower than your
auction item's reserve or minimum bid amount; (j) are concurrently listed for auction on a
web site other than TRANSPORT UNIVERSE, (k) you do not have a right to link to or
include. Furthermore, you may not post on our site or sell through our site any: (l)item
that, by paying to the listing fee or thefinal commissin value fee to us, could cause us
to violate any applicable law, statute, ordinance or regulation.(m)the collection and use
of participant email addresses or other participant information, ratings or listings, or
any data extraction or data manipulation whatsoever is strictly prohibited. (n)Copyright,
All content included on this site, such as text, graphics, logos, button icons, images,
audio clips and software, is the property of TRANSPORT UNIVERSE or its content
suppliers and protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement and assembly or any derivation, imitation,
resemblence,modification, of all content on this site is the exclusive property of TRANSPORT
UNIVERSE and protected by U.S. and international copyright laws). All software used on
this site is the property TRANSPORT UNIVERSE or its software suppliers and
protected by U.S. and international copyright laws. The reproduction, modification,
distribution, transmission, republication, display or performance, of the content on this
site is strictly prohibited.
11)Our services are to be used for placing and bidding on items for sale/auction by
registered users. If you place a winning bid on an item and your bid is accepted by the
seller, you are legally obligated to complete the transaction. Bids may not be retracted
except under certain circumstances set out in the TRANSPORT UNIVERSE RULES. You may not
participate in bidding that forces the bid above another's maximum, then retract that bid
and bid lower. If a bid does not meet an optional reserve value, the bidder is not
obligated to complete the transaction.
12)Listing an item up for sale demonstrates an intent to sell. If you receive a bid
above your reserve orminimum price, you are obligated to complete that transaction.AUCTION
OR WANTED LISTING cancellation is not allowed except under certain circumstances. Sellers
are required to place AUCTIONS in the proper category, as we reserve the right to relocate
improperly placed items.
13)The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule and
Payment Terms in effect on the date of listing the auction will govern the transaction.
Check the fees and terms each timeyou participate in an auction.
14)REGISTERED USERS may request a credit for final value fee in certain cases. In the
event that your item receives no bids at all, your account is not charged a final value
fee and no credit request isneeded.A winning bid is a bid that meets or exceeds your
minimum bid (or in the case of reserve auctions, at or above the reserve price). In the
event that your item sells but the high bidder does not CONSUMATE the deal, you may fill
out a credit request form at http://www.TRANSPORT UNIVERSE
.com/accounts/credit.html. In the event that your item is lost, damaged, or destroyed
before the auction has ended and/or before he transaction can be completed, a credit
request may also be sent. Certain rules apply to each individual type of request. Be
advised,TRANSPORT UNIVERSE will look into every credit request before granting
credit, and credit in whole or in part is not guaranteed. Credit amounts, initial account
amounts, or any other amount in your account can not be replaced, substituted, or returned
as cash or equivalent to any user except under certain circumstances. All refunds (credit)
are in the form of credit to your account, not cash or equivalent return to you. In the
event that you wish to cancel an account with TRANSPORT UNIVERSE , your ending
credit, if any, will be refunded by request in full to your address on hand approximately
30 days after account termination and the end of your account activity. This claim must be
made within 90 days of account close. Any free credit or non-user-purchased credit is not
included in any refund agreement. Bold title options are nonrefundable because of the
nature and use of the bold option.
15)TRANSPORT UNIVERSE will use the information you supply us; and so that we are
not violating any rights you might have in that information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through
multiple tiers) right to exercise the copyright and publicity rights (but no other rights)
you have in Your Information, in any media now known or not currently known, with respect
to Your Information. TRANSPORT UNIVERSE: will only use Your Information in
accordance with our Privacy Policy.
16)TRANSPORT UNIVERSE IS NOT INVOLVED IN TRANSACTIONS
BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE
OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES TRANSPORT UNIVERSE , AND ITS 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.
17)TRANSPORT UNIVERSE is not ACTUALLY involved in the actual transaction between
Sellers and Buyers and is not the agent of either for any purpose, TRANSPORT UNIVERSE:
will not be involved in resolving any disputes between participants related to or arising
out of any transaction.TRANSPORT UNIVERSE: urges Sellers and Buyers to cooperate
with each other to resolve such disputes.
18) ALTHOUGH, TRANSPORT UNIVERSE SUPPLIES A STANDARD PLATFORM (ENGINEER'S
REPORT AND CONDITION REPORT)BY WHICH SELLERS CAN IDENTIFY THE CONTENT OF THEIR LISTINGS
AND BUYERS CAN IN TURN UNDERSTAND THAT CONTENT.
19)Fees for auctions are not charged until the close of the auction itself. FEES ONLY
APPLY TO registered users who places an item up for auction. There is NO REGISTRATION fee.
YOURACCOUNT WILL NOT BE CHARGED ANYTHING WITHOUT PRIOR KNOWLEDGE OF THE FEE POSSIBILITIES
(such as placing an item up for auction).
20)You are required to comply with all applicable laws, statutes, ordinances and
regulations regarding the use of our service and your bidding, selling, listing,
purchasing, and selling of items. You are responsible for complying with all applicable
taxes and tax laws.
21)You andTRANSPORT UNIVERSE: are independent contractors and no agency,
partnership, joint-venture, employee-employer, franchisor-franchisee relationship is
intended or created by this agreement.The section titles in this agreement are solely used
for the convenience of the parties and have no legal or contractual significance.
22)We do not guarantee continuous, uninterrupted or secure access to our services, and
operationof our site may be interfered with by numerous factors outside of our control. 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 in no way define, limit, construe or describe 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.
23)Any controversy or claim arising out of or relating to this Agreement shall be
settle by binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party.The arbitrary shall be conducted in Concord, New Hampshire,
and judgment on the arbitration award may be entered into any court having jurisdiction
thereof. Either you or TRANSPORT UNIVERSE may seek any interim or preliminary
relief from a court of competent jurisdiction in concord, New Hampshire necessary to
protect the rights or property of you orTRANSPORT UNIVERSE pending the completion of
arbitration.
24)TRANSPORT UNIVERSE is a service that promotes communications and exchanges among its
users.It is designed to create an open and enjoyable experience, but it also has limits
and risks that you should understand before participating. For example, you should
understand that TRANSPORT UNIVERSE does not screen, review or control the listings
and items being offered to members, nor does it screen, review, or control any of the
people who participate. You should also understand that TRANSPORT UNIVERSE does not
have any involvement in the completion of your transaction. . When you use TRANSPORT
UNIVERSE you and the other person are completely responsible for working out the
exchange after bidding is completed.
25)TRANSPORT UNIVERSE cannot and does not control the other person's behavior.
As a result, it is important that you act carefully and thoughtfully throughout your
dealings with other people in TRANSPORT UNIVERSE . Also, please help us keepTRANSPORT
UNIVERSE a safe and positive experience. If you see a listing that violates the terms
and conditions, please let us know by e-mailing us at TRANSPORT UNIVERSE 's forums,
bulletin boards and chat rooms are provided to give users an interesting and stimulating
forum in which they can express their opinions and share their ideas. TRANSPORT
UNIVERSE does not endorse the accuracy or reliability of any advice, opinion,
statement or information posted on these forums, message boards, bulletin boards or chat
rooms. Please use your best judgment and be respectful of other individuals using these
forums. Do not use vulgar, abusive or hateful language. You may not use the TRANSPORT
UNIVERSE 's message boards, bulletin boards or chat rooms for advertising or
promotional materials or other forms of solicitation. Uploading copyrighted or other
proprietary material of any kind on theTRANSPORT UNIVERSE interactive areas without
express prior permission is prohibited and may result in civil and/or criminal liability.
26)Given the nature of the interactive areas and the volume of messages and postings,TRANSPORT
UNIVERSE cannot and does not monitor all of the material posted or transmitted by
users and third party information providers. While you agree that TRANSPORT UNIVERSE
will not be liable for such third party content,TRANSPORT UNIVERSE reserves the
right to delete, move or edit any communications which they deem in their sole discretion
to be: violative of this agreement; harmful to individuals or communities; obscene;
defamatory; in violation of TRANSPORT UNIVERSE 's or any third party's rights; or
otherwis unacceptable. |