1. Acceptance Of Terms
Rusbiz.com operates business-to-business e-marketplace portals for the electronic supply and/or procurement of goods and services, online collaboration, and supply chain and procurement management, including under the www.trademart.biz and the www.trademart.biz domain names and other such domain names as we make available to You from time to time. The following terms and conditions govern Your use of the Trademart.biz site and its services ("Service").By using this Site, You agree to follow and be bound by the following Terms and Conditions of Use and any revisions we may make to the Terms and Conditions of Use. We may revise the Agreement at any time by posting the revised terms and conditions on this website. The amended terms shall automatically be effective immediately upon posting. Posting by Trademart.biz of the amended terms and conditions and your continued use of the Service shall be deemed to be acceptance of the amended terms. In these terms and conditions, all users of the Service shall be referred to as the "User".
2. The Service.
1. The Service is offered only to business or corporate (e.g. corporation, limited liability company, partnership, sole proprietorship etc.) and government entities.
2. The User will select a User ID and Password to access the Service. The User shall be solely responsible for maintaining the confidentiality of the User's User ID and Password and for all activities that occur under the User's User ID and Password. The User hereby undertakes to notify Trademart.biz immediately of any unauthorized use of the User's User ID and Password or any other breach of security. The User hereby agrees and confirms that Trademart.biz shall not be liable for any loss or damages arising from the User's failure to comply with this paragraph.
3. Trademart.biz may allow Users access to products and services offered by third party websites through hyperlinks or "co-branded" sites accessible through the Trademart.biz website. The User acknowledges that Trademart.biz has no control over such third party's website and Trademart.biz shall not be responsible or liable to anyone for the availability of such website, or any goods, product or service made available on such website, and does not endorse and is not responsible or liable for any content, advertising, product or other material on or available from such third party website. The User further acknowledges and agrees that Trademart.biz shall not be responsible or liable, directly or indirectly, for any loss, claims, damages or actions arising from or caused or alleged to be caused by or in connection with the use of or reliance on any information or content available on or through such third party website or any underlying transaction between the User and any such third party.
4. Trademart.biz reserves the right to limit, deny or create different priorities to different users or to change the Service and/or all of its features and/or to change, upgrade, modify, alter, limit or terminate the Service at any time temporarily or permanently without prior notice and for any or no reason at its sole discretion. Trademart.biz further reserves the right to introduce new features, functionalities and/or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by these terms and conditions, unless otherwise stated by Rusbiz.com. The User agrees to the effect that such action may have on his ability to use the Service hereby agree that in no event shall Trademart.biz be liable to the User or any third parties for any inability to use the Service, any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage arising there from or occasioned thereby or for the results obtained from the User's use of the Service.
5. The User agrees not to reverse engineers, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the Service, its communication protocol or any information available on, derived or extracted in relation to the Service other than as allowed under these terms and conditions.
3. Acceptable Use Policy
1. The User may only use this Service for legitimate purpose, and shall not use the Service to make any speculative, false or fraudulent Requests or Offers, whether or not in anticipation of demand.
2. The User represents that the User has sufficient authority and is of sufficient legal capacity to create binding legal obligations for any liability the User may incur because of the User's use of the Service.
3. The User is solely responsible for all information provided to Trademart.biz or others during registration or any other time during the use of the Service ("Your Information") and Trademart.biz acts as a passive conduit for the User's online distribution and publication of Your Information. For the avoidance of doubt, "Your Information" includes any information data, text, software, music, sound, photographs, graphics, video, messages and other materials provided by the User to Trademart.biz during registration, trading or listing processes or at any other time during the User's use of the Service.
4. The User warrants and agrees that the User has all rights, including all copyrights, or has obtained all necessary third party copyright or trademark licenses and permissions in relation to Your Information and shall be solely responsible for ensuring that any material or information posted on the Service or provided to Trademart.biz or authorized to Trademart.biz to display or publish through the Service does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Notwithstanding any of the above provisions, Trademart.biz reserves the right to take any action (including withdrawing any part or all of Your Information) Trademart.biz deems necessary or appropriate if, in Trademart.biz 's sole discretion, Trademart.biz believes may create liability for Trademart.biz or may cause Trademart.biz to lose (in whole or in part) the services of its Internet Service Providers or other suppliers or may cause us to contravene any applicable laws or regulations regulating the conduct of web and/or Internet related activities.
5. The User shall not use the Service for any unlawful or inappropriate purposes, including without limitation, spoofing, sniffing, cheating, fraud, forgery, electronic trespass, hacking and system contamination including without limitation, use of viruses, worms and Trojans causing unauthorized damage or harmful access and/or retrieval of information.
6. Any Request or Offer made through the Service or content and information published through the Service or User’s Web Store shall not
(a) be fraudulent or make fraudulent offers or involve the sale or purchase or attempted sale or purchase of counterfeit or stolen items or otherwise promote other illegal activities;
(b) infringe or otherwise abet or encourage the infringement or violation of any third parties' copyright, patent, trademark, trade secret or other proprietary right(s);
(c) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(d) be obscene or contains or infers any pornography or sex-related merchandising or any other sexual content or otherwise promotes sexually explicit materials or is otherwise harmful to minors.
(e) Post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence.
(f) Publish material that is grossly offensive to the Trademart online community, blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity; or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content.
7. The User shall not use the Messaging System for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, the User shall not use the Messaging System to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
8. The User may not take any action which may undermine the integrity of Trademart.biz's feedback system, such as leaving positive feedback for himself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
4. Trademart.biz is only a venue
1. Trademart.biz is not involved in the actual transaction between Users. As a result, Trademart.biz has no control over the quality, safety or legality of the items offered for sale, the truth or accuracy of the listings, the ability of the suppliers to sell the items or the ability of buyers to buy items. Further, Trademart.biz cannot and does not control whether or not sellers will complete the sale of items they offer for sale or buyers would complete the purchase of the items they procure through the Service. In addition, Users are hereby made aware that there may be risks of dealing with foreign nationals, under-aged persons or people acting under false pretences.
2. Users are solely responsible for all of the terms and conditions of the transactions between themselves and other buyers and sellers (as the case may be), including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
3. Trademart.biz does not endorse or make any representation or warranty whatsoever (whether express or implied) and shall not be responsible or liable under any circumstances whatsoever, in respect of
(a) any third party website hyperlinked to the Trademart.biz website, or any products, services, information, data or other content offered or provided therein; and/or
(b) any product, service, information, data or other content offered or provided by third parties in or through the Trademart.biz website.
4. As Trademart.biz acts only as a facilitator to the transactions between Users, Trademart.biz shall have no liability for the failure of any items bought or sold via the Service to meet any specification, requirement or description or for the breach or alleged breach of any warranty given or made by the supplier or for the failure of the supplier to deliver the items to the buyer or for the failure of the buyer to make payment. As a condition for the use of the Service, each User agrees to look solely to the other party to the transaction for damages or liabilities incurred because of any failure to meet specification or description, breach or alleged breach of warranty or failure to make delivery or failure to make payment.
5. In the event that any User has a dispute with any party to a transaction, the parties agree to release and indemnify Trademart.biz and save us harmless (and our agents, affiliates, directors and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) 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.
Unless otherwise prohibited by any applicable law, all Users hereby waive any statutory or regulatory provision or similar provision to such effect which provides that: "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."
5. User's Responsibility
1. Users are hereby granted access to Trademart.biz 's various features, directories, databases and listings in accordance with these terms and conditions and as otherwise permitted by Rusbiz.com. Any other use or attempt to use Trademart.biz's various features, directories, databases and listings for commercial, copying, reproduction, mass marketing (whether by spamming or not) or any other unauthorized purpose is strictly prohibited. The User agrees that the User shall not commercially exploit any information received or accessed through the Service including but not limited to copying (through robots, spiders, any automatic device or manual process) except with Trademart.biz 's prior written consent.
2. The User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. Each User shall not undermine or attempt to undermine the security or integrity of the computer systems or networks used by Trademart.biz and/or any user of the Service and shall not attempt to gain unauthorized access to such computer systems or networks. The User shall not use the Service for any illegal purposes or in support of any illegal purpose or activity.
3. Each User hereby represents, warrants and agrees to
(a) Provide true, accurate, current and complete information about itself and its business referees as may be required by Rusbiz.com; and
(b) Maintain and promptly amend all information to keep it true, accurate, current and complete.
4. If any User provides any information that is untrue, inaccurate or is not current or complete, or if Trademart.biz has reasonable grounds to suspect that such information is untrue, inaccurate or is not current or complete, Trademart.biz has the right to suspend or terminate such User's membership and refuse any and all current or future use of the Service or any other services that may be provided by Rusbiz.com.
5. Each User agrees and accepts that Trademart.biz shall not actively monitor nor exercise any editorial control whatsoever over the content of Your Information or other material or information created, obtained or accessible through the Service. Trademart.biz does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User.
Each User is solely responsible for the contents of such User's information and may be held legally liable or accountable for the content of each such User's comments or other material or information. However, Trademart.biz reserves the right to remove any material it becomes aware of that is in its sole discretion, potentially unlawful, could subject Trademart.biz to liability, violates these terms and conditions or is otherwise found inappropriate. Trademart.biz reserves the right to cooperate fully with legal authorities and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Trademart.biz reserves the right to suspend or terminate the membership of such User, as Trademart.biz deems appropriate in its sole discretion.
Further, each User agrees to indemnify Rusbiz.com, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from the User's posting of information or deletion thereof, from such User's use of the Service or from such User's breach of these terms and conditions. Each User further agrees that Trademart.biz is not responsible, and shall have no liability to it or anyone else for any material posted by such User or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User.
6. Each User represents, warrants and agrees that it shall not use the Service for any unlawful or inappropriate purposes, including without limitation, spoofing, sniffing, eavesdropping or spamming other users, harassment, fraud, forgery, electronic trespass, hacking, system contamination including without limitation use or viruses, worms and Trojans causing unauthorized damaging or harmful access and/or retrieval of information.
6. Charges and Fees
1. The rates for fees chargeable under the Service shall be published on Trademart.biz website. All fees (if any) shall be payable in advance to Trademart.biz by wire transfer, charging the User's credit card or such other method acceptable to Rusbiz.com, in US Dollars or its equivalent in such other currency as permitted by Rusbiz.com. Unless otherwise agreed between Trademart.biz and any User, all payments made are non-refundable.
2. All rates are exclusive of any taxes, duties or other governmental, banking or transactional and handling charges or levies that each User shall continue to be liable for as and when the same is imposed or incurred.
3. Trademart.biz reserves the right to modify its pricing structure and payment conditions from time to time at its sole discretion if not less than fifteen (15) days notice shall be given to each User.
7. Termination of Membership
1. Trademart.biz may terminate the Service at any time on the giving of at least one (1) months notice to the User or immediately by notice if there is any breach of a material term of these terms and conditions by the User.
2. Trademart.biz may also terminate the provision of the Service to any User if such User's membership has not been activated or his account remains inactive for three (3) consecutive months. In such a case, if the User wishes to reactivate his account, the User shall be required to proceed with Trademart.biz 's registration process to re-register as a User of the Service.
3. Without limitation to any remedies that may be available, Trademart.biz may immediately issue a warning, temporarily suspend (whether for a fixed period or indefinitely) or terminate a User's membership, any of the User's listings or any other information placed by the User on Trademart.biz 's website if (a) the User breaches a material term herein;(b) Trademart.biz is unable to verify or authenticate any information provided by the User; or(c) Trademart.biz believes in its sole discretion that the User's act or omission may cause legal liability for the User, any other Users, third party service providers or Rusbiz.com. Furthermore, Trademart.biz may suspend or terminate any User's membership if the User is found (whether by conviction, settlement, insurance or escrow investigation or otherwise) to have engaged in fraudulent activity in connection with the use of Trademart.biz 's website or the Service.
4. Upon termination, all licenses, rights and privileges granted to the User shall cease.
5. Notwithstanding any of the above provisions, termination of the relationship herein shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained herein which is expressly or by implication intended to come into or continue in force on or after such termination.
6. Clauses 2.4, 2.5, 2.6, 4.4, 4.5, 5.5, 7, 8 and 9 shall survive the termination of the relationship between any User and Trademart.biz or the termination of these terms and conditions.
8. Limitation of Liability
1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TRADEMART.BIZHEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. TRADEMART.BIZMAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF TECHNICAL AND ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICE.
2. Any material downloaded or otherwise obtained with the Service is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Trademart.biz or through or from the Service shall create any warranty not expressly stated herein.
3. Under no circumstances shall Trademart.biz be held liable for any delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Each User hereby agrees to indemnify and save Rusbiz.com, its employees, agents and representatives harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Service (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions herein. Each User further agrees that Trademart.biz is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
4. Except to the extent that such liability cannot be excluded by or limited by law, Trademart.biz shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information) whether or not advised of the possibility of damage, regardless of the form of action, whether in contract, negligence, tort or otherwise or any other damages resulting from
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting from any goods, samples, data, information or services purchased or obtained or messages received or transactions entered into of through of from the Service;
(c) unauthorized access to or alteration of transmissions or data;
(d) statements or conduct of any third party on the Service; or
(e) any other matter relating to the Service however arising, including negligence.
5. Notwithstanding any of the foregoing provisions, the aggregate liability for Trademart.biz to each User for all claims arising from the use of the Service is limited to US$10.00. All claims arising from the use of the Service must be filed within one (1) year from the date the cause of action arose.
9. Intellectual Property Rights
Faris Kh. is the sole owner of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Faris Kh. All rights not otherwise claimed herein or by Faris Kh. are hereby reserved.
"Trademart.biz", "Trademart.biz", "Global E-commerce Network!", and related icons and logos in various languages and translations, are trademarks and service marks of Faris Khoury in the United States and other countries and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
1. These terms and conditions constitute the entire agreement between the User and Rusbiz.com; and govern the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
2. If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
4. Trademart.biz failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Trademart.biz right to act with respect with subsequent or similar breaches.
5. Trademart.biz shall have the right to assign their obligations and duties herein to any person or entity.
11. Governing Law
These terms and conditions shall be governed by the laws of the USA and the Parties hereby irrevocably submit to the competent courts of WY, USA. If local laws prohibit your participation in any part of the TRADEMART Service, or use of them, you are responsible for complying with such laws as well as the terms and conditions of this agreement.
12. Your Warranty
You represent and warrant that you are 18 years old or over; have read this Terms and Conditions of Use and agree to be bound with them.