Overview: As owner of a Website or Webstore designed and developed by Pricester, you will be listed and receive exposure on the Pricester Internet Shopping Portal in addition to other Internet search engines. As a user and member of Pricester.com, you will also enjoy posting, trading and auctioning privileges that you may utilize at your convenience. This exposure and services are provided at no charge. It is therefore required that you understand the following general terms and conditions governing the Pricester online community.

Article 1: Membership – Pricester is only available to people who are legally able to form binding contracts with you and the seller/buyer of an item. People who are under the age of 18 are not eligible for membership due to state laws concerning the age of majority.

Article 2a: Pricester is providing Website hosting and Internet trading services. We provide services to people interested in promoting, disseminating information, selling and/or buying merchandise via a Pricester service or Website. We do not have control over the items that are posted in each individual site, and cannot guarantee the authenticity and quality of a said product. We are not responsible for the actions members take, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment.
Article 2b: Warranty - Pricester makes no warranty or claim regarding the specific suitability, the results or effectiveness of any Website or posting.

Article 3: Bidding and Selling

Article3a: As a user - You may bid, sell and/or auction merchandise using Pricester
Article 3b: As a bidder - Placing a bid is a binding contract between you and the seller, and the bid cannot be retracted unless due to error by the seller or typographical error. Once you place a bid, and if you win, you are obligated to buy the product at the price you indicated as your bid. Placing a bid on the Pricester auction section, winning, then not paying for the product is illegal in most states, and may result in criminal prosecution.
Article 3c: As a seller - the item that you place up for bids or for sale in a Pricester website must be real. Pre-sales are not accepted. In auction listings, once a bid has been placed for your item you are entering into a binding contract with the highest bidder. Once the auction is over, if reserve price has been met, you are obligated to sell to the highest bidder. If reserve price was not met, you are not obligated in any way to sell this item. As a seller, you are not legally permitted to bid on your own items. This is known as sham bidding. If reported, your auction will be deleted, and you will still be responsible for any fees to Pricester that you initially agreed to pay to use our services.

Article 4 : Listing Items - As a member, you are entitled to post items for sale using Pricester services. We do have restrictions on what items you may sell and what you may not sell. You may not sell illegal merchandise, including pirated software or music, firearms, or anything that is affiliated with violence, pornography, etc. Item listings are subject to review by Pricester, and may be removed without prior notice, if found in violation with the Terms of Service. For your convenience you can list items from 1 to 31 days and they will automatically expire. You can also set the item to automatically re list for up to 6 times 6 x 31 days = 6 months. At the end of this time period you can either disregard the item(s) or select to re list the item using the Manage Items selection from your Web Manager.

Article 5: Monthly Hosting / Fees - There are no listing fees. For limited time their are no transaction fees for transactions that were generated as a result of a referral through the Pricester.com shopping network. Hosting fees and/or maintenance fees apply. See you invoice for details. Optional listings fees apply: For current optional listing fees please refer to our Fee Schedule . Prices and fees subject to change. Notice will be given to members 30 days in advance. If you require additional space for adding additional pages, images or content, you can upgrade your hosting plan by contacting the Sales Department

Article 5b: Cancellation / Refunds - If by oral or written agreement you have purchased a plan which consists of a hosting term, then you must complete payment for hosting until the term has been reached. Failure to make payments as described by the plan will result in disconnection of your website, a request for full payment of the contracted term and possible legal action. There are no refunds on hosting terms or design cancellations.

Article 6: Custom Design - As a paid service for our members, our design team will spend up 1 hour per page creating a customized website. This excludes advanced custom pages. There is a cap of 3 hours per page for advanced custom pages. There are no refunds for custom design work. Please refer to our Fee Schedule for custom design pricing. Our custom design services allows up to 400 words per page, 4 images per page and 1 animated banner per 3 page design. For advanced custom designs which include back end database programming or special effects please see Article 6c for details.

Article 6c: Advanced Custom Design - The following advanced custom designs incur additional fees: Custom logos, photo scanning, typing, optimization, Flash design, Video, Audio integration, 3D Animation, Power point integration, PDF conversion or editing, custom database or script integration and image protection. Any advanced design processes not outlined here will be quoted on an hourly basis. Please refer to our Fee Schedule .

Article 6d: Design Procedures - Upon placing an order, the hosting space is immediately allocated for the customer. The customer will receive their receipt and a welcome email consisting of an agreement summary and a Customer Input Form. Customer must complete this Input Form in order for the Design Department to execute the website. If the customer does not provide content for the websites within 30 days, a temporary website will be created as a courtesy with the company contact information and be placed live on the Internet until the customer is able to provide content for their website. Once the Design Department receives the content or completed Customer Input Form, the website will be developed within 15 working days. Upon completion, the Design Department will provide the customer with a Completion email and the customer is to review the website. Customers are entitled to 2 opportunities to make changes. If any changes or corrections are necessary, the customer must print, make corrections and fax the copies to the Design Department at 954-272-1212. Customers must include their username for tracking purposes. The Design Department will make all necessary changes or corrections and upon revision we will send the customer a Redesign email. At this time, the customer may make any minor changes. This is their second and final change. The customer will then receive a final completion email. No redesign will be accepted at this stage without a design charge.

Article 6e: Design Restoration - Pricester.com provides help to members in making changes to the content on their website. Pricester.com is not responsible for any loss of content resulting from changes or modifications performed by the customer. In the event that a customer with a custom designed website corrupts or loses their data, Pricester will restore their content to the original state of their design for a nominal fee. Pricester.com is not responsible for data loss on websites created by members using the Web Manager.

Article 7: Privacy - We gather your information so that other people will have it on hand when they win your auction, you win their auction or complete a sales transaction. Personal information sent to a user regarding a product bought or sold or auctioned is not to be used for any other purpose, except for communication concerning the item.

Article 8: Rules for Sellers -The following rules are applicable to Sellers:

• Seller is responsible for resolving any dispute that may arise from the sale of goods or items on their Pricester website.
• Seller is responsible for the delivery of items purchased on their Pricester site.
• Seller must comply with all applicable laws, regulations or restrictions on items.
• Seller is responsible for all applicable local, state or federal taxes and for Pricester fees.

Article 9: General Rules

•  Fraud: You may not use this service for any fraudulent activity, including collecting payment from customers and not providing the item purchased. Pricester may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site.

•  Interference: You may not spam our system and/or impose an unreasonably or disproportionately large load on our system. You may not place any material on a Pricester site that contains any viruses or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

•  User ID: You are solely responsible for actions taken under your user ID or account. You should not disclose your password to anyone. You cannot use your account for any unauthorized purpose.
Website Guidelines

Article 10: Member Compliance

Members must:

•  Comply with all local, state and federal laws. You may not sell an item in a jurisdiction where the item violates applicable laws or regulations.

•  Provide accurate information. You must accurately and fairly describe the items you are selling.

•  Provide accurate contact information. If selling items online, you must provide an accurate company address, phone number, email address, and return policy in the contact information section of your site.

•  Present a Privacy Policy. All Pricester sites must provide a Privacy Policy. The Privacy Policy must inform customers of what personal information is collected and how it is used. For more information about adding a privacy policy to your site please follow this link Privacy Policy to a sample policy.

•  NOT list any items in the Pricester network that are pornographic, immoral or against family values.

Article 11: Disclaimer – THIS SITE, ITS CONTENTS, AND ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PRICESTER EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PRICESTER DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE, OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

Article 12: Limitation of Liability - IN NO EVENT SHALL PRICESTER BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PRICESTER, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, EVEN IF PRICESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Pricester's total liability for any claim arising from or related to your use of our Services shall not exceed one hundred dollars (US$100).

Article 13: Indemnity -You agree to indemnify and hold Pricester and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party. These Terms are governed by and shall be construed in accordance with the laws of the State of Florida .

 

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