JCKmarketplace :: Registration

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THE FOLLOWING ARE THE TERMS ON WHICH JCKMARKETPLACE.COM  OFFERS YOU ACCESS TO OUR SERVICES.  If you do not agree to be bound by the terms and conditions of this Agreement, do not access or use our services.
Welcome to JCKMARKETPLACE.COM, an online market for the jewelry and pawn industries and coin dealers  Any person or entity wishing to access this website to visit the forum feature or to list, sell, bid on or buy goods must accept the terms and conditions of this agreement (hereinafter "Terms of Use" or "Agreement").
Once you register with and enter the website, you may be the subject of a member profile survey, which is feedback consisting of ratings and comments left by other members you have bought goods from and sold goods to.  Each feedback left consists of a rating (positive, negative, or neutral), and a short comment. These ratings and comments are valuable indicators of your reputation as a buyer or seller on JCKMARKETPLACE.COM. They are included, along with an overall feedback score, in your member profile and are accessible by other users of the website.
Please review the following Terms of Use carefully before using this website.  By registering for and using the services available on the website, you are agreeing to be bound by all of the terms and conditions of this Agreement.
This Agreement may be amended by JCKMARKETPLACE.COM from time to time without specific notice to you.
1. ELIGIBILITY.
Use of this website and the services offered is limited to parties who register and who are lawfully able to enter into and form contracts under applicable law.  Without limiting the foregoing, the website and the services are not available to minors.  In order to be eligible to apply for registration, a user will be asked to provide the following information:  i) a Jewelers Board of Trade (JBT) Number; ii) three trade references; and iii) proof of a storefront, i.e. a lease.  Registration is permitted solely at JCKMARKETPLACE.COM's discretion, and registration may be terminated at any time by JCKMARKETPLACE.COM as set forth in Section 7 below.  If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Competing jewelry auction websites or jewelry-related websites and individuals representing the same are not permitted to register.  Upon reasonable belief that a user represents a competing jewelry auction website or jewelry related website, JCKMARKETPLACE.COM reserves the right to immediately and permanently terminate said user's membership.  Your registration, member name and passcode may not be transferred to or used by any other party.
2. REGISTRATION.  As part of the registration process, you must select a member name and passcode and provide JCKMARKETPLACE.COM with accurate, complete, and updated information.  Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.  Further, you may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person or entity; or (iv) use a member name that JCKMARKETPLACE.COM considers to be offensive or otherwise inappropriate.
3.  MARKETPLACE. JCKMARKETPLACE.COM acts as a market venue to allow registered users who have paid the fees specified in Section 9 below to offer, sell, bid on and buy jewelry, gemstones, watches, coins and other items. We are not involved in the actual transactions between buyers and sellers. We have no control over the quality or legality of the items listed for sale, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. You agree that if you have a dispute with another user, you will look only to that user for relief and release JCKMARKETPLACE.COM and its partners and affiliates (and their officers, directors, agents, subsidiaries, joint ventures and employees) from all 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 dispute.
4.PRIVACY. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in our Privacy Policy. If you object to your information being used as provided in the Privacy Policy do not use our services.
5. COMPLIANCE WITH LAWS. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. Applicable laws include all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind, including, but not limited to, those relating to: (i) trademarks, copyrights, or other intellectual property; (ii) false designations of origin, false advertising or unfair competition;  (iii) contract or tort rights; (iv) defamation, obscenity, pornography, harassment, or malicious, threatening, abusive, or grossly offensive conduct or  information; (v) privacy; and (vi) electronic transactions.
6. FRAUD.  Without limiting any other remedies, we may suspend or terminate your access if we suspect that you have engaged in any fraudulent activity. We may also limit your activity on the website, immediately remove your bids or item listings, warn our community of your actions, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you.
7. TERM AND TERMINATION.  This Agreement will continue until terminated by notice by either JCKMARKETPLACE.COM, or the applicable user, to the other. JCKMARKETPLACE.COM, may discontinue or change JCKMARKETPLACE.COM, or its availability to you, at any time.  User registration can be terminated at any time for any reason or for no reason at the sole discretion of JCKMARKETPLACE.COM.
8. NONTRANSFERABLE.  Your right to access the website is non-transferable.  Any passcode or user name right given to you to access or use the website to obtain information, view current auctions, place bids, post items for sale, and/or purchase items for sale is to be held confidential and is not transferable. Upon discovery of misuse of a user name or passcode, the applicable registration will be immediately and irrevocably terminated by JCKMARKETPLACE.COM.
9. FEES AND SERVICES.   FROM NOW UNTIL MARCH 1, 2006, ACCESS TO THE ENTIRE JCKMARKETPLACE.COM WEBSITE IS COMPLETELY FREE.  AFTER MARCH 1, 2006, SELLERS SHALL PAY $100.00 PER MONTH TO POST ITEMS FOR SALE.  MEMBERSHIP IS ON A MONTH TO MONTH BASIS AND YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME.  THERE ARE NO PENALTIES FOR MEMBERSHIP CANCELLATION, BUT FEES PAID PRIOR TO CANCELLATION ARE NOT REFUNDABLE. We reserve the right to raise, lower, add to or delete membership or access fees applicable to the website at our discretion and from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars.  You are responsible for paying all fees associated with using our service and the JCKMARKETPLACE.COM website and any applicable taxes.
10. PAYMENTS.  You represent and warrant with respect to any payments to us or to any third-party Merchants as set forth in Section 15 below, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
11. COPYRIGHTS.  The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, use or publication of any such item or any part of the website, except as allowed by Section 12 below, is strictly prohibited.  You do not acquire ownership rights to any content, document or other materials viewed through the website. The posting of information or materials on the website does not constitute a license or waiver by the owner thereof of any rights in such information and materials.
12. LIMITED RIGHT TO USE.  The viewing, printing or downloading of any content, graphic, form or document from the website grants you only a limited, nonexclusive  license for use solely by you for your own personal use and not for republication, distribution, or other use.  No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.
13. EDITING, DELETING AND MODIFICATION.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the website.
14. INDEMNIFICATION.  You agree to indemnify, defend and hold JCKMARKETPLACE.COM and its partners and affiliates (and their officers, directors, agents, subsidiaries, joint ventures and employees)  harmless from any liability, loss, claim and expense, including reasonable attorney's fees, resulting from your violation of this Agreement, your use of the website, or your violation of any law or the rights of any third party.
15. THIRD-PARTY SERVICES.  We allow access to or advertise third-party merchant sites (hereinafter "Merchants") from which you may purchase certain goods or services.  You understand and agree that we do not operate or control the services or products offered by said Merchants.  Merchants are solely responsible for all aspects of order processing, fulfillment, billing and customer service.  We are not a party to the transactions entered into between you and Merchants.  You agree that transactions with such Merchants are at your sole risk and are without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for a particular purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and Merchants or for any information appearing on Merchant sites or any other site linked to the website.
16. THIRD-PARTY MERCHANT POLICIES.  All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on their sites.  We are not responsible for information provided by you to Merchants.  JCKMARKETPLACE.COM and Merchants are independent contractors and neither has the authority to make any representations, warranties or commitments on behalf of the other.
17. DISCLAIMER OF WARRANTIES.  THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," INCLUDING, WITHOUT LIMITATION, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULALR PURPOSE.  WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE WEBSITE AND THE SERVICES PROVIDED WILL MEET USERS? REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICES PROVIDED, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES.
18.  LIMITATION OF LIABILITY.  Except in jurisdictions where such provisions are restricted, in no event will we or any affiliated parties be liable to you or any third-party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, arising from your use of the website or the services. OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS AND AFFILIATES (AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so this limitation  may not apply to you.
19. KIMBERLEY CERTIFICATION PROCESS.  This website is operated under the guidelines set forth in the Kimberley Process Certification Scheme.  As a result, users of this website certify that they shall not buy, sell or trade ""conflict diamonds, which are defined as "diamonds that originate from areas under the control of forces that are in opposition to elected and internationally recognized governments, or are in any way connected to those groups".   In furtherance of this, we require that any user buying, selling or trading diamonds certify in writing that the diamond in question has been purchased from legitimate sources, not involved in funding conflict and in compliance with United Nations resolutions.  The seller must guarantee that the diamond is conflict free, based on personal knowledge and/or written guarantees provided by the supplier of said diamond.
20. NOTICES. Notices shall be given by email, certified mail, or recognized overnight courier service.  Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or the email otherwise did not go through.
21.GENERAL.  This Agreement shall be governed in all respects by the laws of the State of Ohio without reference to conflicts of laws principles. All claims must be adjudicated by a court of competent jurisdiction located in Cuyahoga County, Ohio. You agree to submit to the personal jurisdiction of the courts located within the county of Cuyahoga, Ohio. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. If any provision(s) of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may automatically be assigned by JCKMARKETPLACE.COM, in our sole discretion, to a third party in the event of a merger, acquisition or sale. You and JCKMARKETPLACE.COM  are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.  Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.  This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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