“Services” under this Agreement include all areas of the Site accessible by Users.
The Site cannot and does not attempt to screen non-members from browsing any part of the service. However, there are some restrictions in becoming a Member. For this purpose you represent that you are a minimum of 18 years of age and are legally capable to form a binding contract at the time of membership. Minors are permitted to use the Site and its related services under the guidance and consent of a legal guardian.
Copyrights/Trademarks/Restrictions on Use
All of the pages and screens on the Site are owned and controlled by DOC, except as otherwise stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Site.
You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without DOC's prior written consent. Logos, service marks and other featured words used on the Site to identify the source of goods and services are trademarks and service marks owned by DOC or owned by third parties. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site except as authorized in this paragraph. You may not use any of the DOC trademarks as a link to the Site except pursuant to a written trademark license agreement.
Photos and other graphical content which are uploaded by Users are copyright owned and controlled by the User. By uploading such content you attest that you are authorized to do so and extend to DOC a non-exclusive right to display them as part of the Services provided to you. Permission to use User photography from the Site must be obtained by prior agreement from the copyright holder.
Participation in any online community may reveal your identity to outsiders. You are therefore advised to take precautions to limit communications in publicly accessible areas which may compromise your identity in such cases. DOC cannot be held liable for any disclosure of personal information you willingly make during the course of using its Services.
All Users further agree to refrain from:
- Uploading, storing, disseminating or otherwise causing to electronically display materials to include, but not limited to text, graphics, photos or digitized sound deemed obscene, subversive, hateful, abusive, libelous and racially or ethnically objectionable.
- Infringing upon the Copyrights or trademarks of others.
- Interfere, vandalize or cause any harm to the Site or its functionality.
- Solicit business outside of the scope of the Agreement.
- Use any part of the Services to advertise goods or services unrelated to actual items or services currently owned, maintained or provided by the user.
- Cause undue strain on the computing resources provided by the Site including excessive bandwidth, storage or processing capabilities.
- Harvest personal data for any purpose beyond that which is necessary in order to complete a transaction between User and Seller or discuss matters of a scholarly nature. This includes, but is not limited to, the collecting of email addresses for “spamming” or other personal identifiable data for other commercial purposes.
- Impersonate another person, particularly a DOC employee or law agent, for the purpose of acquiring personal data illegally, cause harm to the integrity of the Site or disrupt the service.
- Using the Site or its related services for the commission of a crime nor cause the Site to be used intentionally or otherwise for the violation of any local, state, federal or international law.
THE SERVICES ARE OFFERED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT NEITHER DOC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. DOC DOES NOT ENDORSE USERS WHO SELL GOODS.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT DOC IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DOC WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE SITE OR ITS SERVICES.
YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DOC, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ASSIGNS, SUCCESSORS AND OTHER AGENTS FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT OR MISUSE OF THE SERVICE OR THIS SITE, INCLUDING SUCH VIOLATION OR MISUSES CONDUCTED BY YOUR EMPLOYEE OR AGENT, IF APPLICABLE.
Dispute Resolution and Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. THE DECISION OF THE ARBITRATOR IS FINAL AND BINDING.
Any controversy, dispute or claim arising out of or relating to the Agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (available at http://www.adr.org) and, as the parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce, it shall be governed by the Federal Arbitration Act, as incorporated in Title 9 of the United States Code. The arbitrator shall furnish a judgment if so requested by you or DOC, and may not modify, rewrite, or otherwise reform this Agreement, including but not limited to interpreting the Agreement beyond the range of semantic permissibility. The arbitrator, in his or her discretion, shall have the right to award reasonable costs and attorneys' fees to the prevailing party. This Agreement shall be governed according to the laws of the State of Minnesota and all activities performed in connection with the Service shall be deemed to have been performed in Minnesota. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THEIR USE OF THE SITE'S SERVICES.
As part of the Services, the Site will provide a virtual marketplace in order for Sellers to conduct business and sell items in their inventory. Sellers agree to sell items which fit within the context of the Site and are at the direct and immediate disposal of the Seller. All items will be accurately described including any flaws which may not be immediately apparent from provided photographs or other depictions and which may negatively affect the merchantibility or monetary value of the item. Items listed by a Seller which are found to be inappropriate, misrepresented, of questionable authenticity or suspect of criminal activity may be subject to immediate removal. DOC reserves the right, but is not under obligation, to remove any content or items listed for sale that it finds objectionable. In the case of criminal activity DOC will assist authorities within its jurisdiction in the prosecution of said activity. DOC reserves the right to limit or suspend accounts at its sole discretion and henceforth you agree to hold the Company harmless for any loss this measure causes. Sellers agree to clearly outline and abide by their own stated terms of sale. Sellers agree not to discredit or intentionally cause harm to other Sellers or items in their inventory. All disputes between buyer and Seller will be handled between the two parties and DOC will be indemnified and held harmless during the dispute resolution process.
The failure of DOC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
This Agreement is governed by the state laws of Minnesota and the federal laws of the United States of America. Any and all legal disputes will convene and be handled within the jurisdiction of the State of Minnesota under arbitration as stated in the Dispute Resolution clause of this Agreement unless another venue has been authorized by the officers of the Site and at their sole discretion.