This document generally stipulates that Cubicdissection Marketplace limits itself to providing a forum for buyers and sellers to meet, and does not assume any liability on behalf of nor for the actions of either the buyer or seller. By accepting you agree to this, and also agree not to cheat, lie, swindle, etc.
Your User Agreement
The following describes the terms on which Kerf Inc. (Cubicdissection Marketplace) offers you access to our services.
By using the services on this website, you are agreeing to the following terms. If you reside outside of the United States, you are agreeing to be bound by US law in the matters contained herein. If you have any questions, please refer to the Help section on the site.
This Agreement is effective on November 1st, 2007, for current users, and upon acceptance for new users.
Using Cubicdissection Marketplace
While using the site, you agree not to:
- violate any laws,
- use the site if you are not able to form legally binding contracts, are under the age of 18;
- fail to deliver payment for items purchased by you, unless 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;
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Kerf Inc. (Cubicdissection Marketplace);
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems,;
- transfer your Kerf Inc. (Cubicdissection Marketplace) account (including feedback) and User ID to another party;
- harvest or otherwise collect information about users, including email addresses.
Kerf Inc. (Cubicdissection Marketplace) works to keep the Site working properly. Please report problems, offensive content, and policy violations to us.
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
Joining Kerf Inc. (Cubicdissection Marketplace) and bidding on listed items is free. We do charge fees for listing items. When you list an item you have an opportunity to review and accept the fees that you will be charged based on our Fee schedule, which we may change from time to time. Changes to that Policy are effective after we post the changes on the site. We may choose to temporarily change the fees 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 U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may suspend or ban your account.
You will not hold Kerf Inc. (Cubicdissection Marketplace) responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the site is a venue to allow members to offer, sell, and buy. We 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, and nothing in this agreement shall modify the governing provisions of the Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with the Uniform Commercial Code § 2-401(2). 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 our 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 lesser 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.
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.
Access and Interference
You agree that you will not:
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the site without the prior expressed written permission of Kerf Inc. (Cubicdissection Marketplace) and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim 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.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Kerf Inc. (Cubicdissection Marketplace)'s registered agent (in the case of Kerf Inc. (Cubicdissection Marketplace)) or to the email address you provide to Kerf Inc. (Cubicdissection Marketplace) during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Kerf Inc. (Cubicdissection Marketplace), our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Kerf Inc. (Cubicdissection Marketplace) 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 we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. 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 Kerf Inc. (Cubicdissection Marketplace) must be resolved by a court located in Wake 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 Wake 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 Kerf Inc. (Cubicdissection Marketplace) 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, Kerf Inc. (Cubicdissection Marketplace) may recover attorneys' fees and costs up to $1000, provided that Kerf Inc. (Cubicdissection Marketplace) has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Kerf Inc. (Cubicdissection Marketplace) Inc. is located at 514 Daniels St., Raleigh, NC 27605. 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. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. 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.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are initially posted. 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.