Service Terms
By using the service, you agree to follow the following Terms and Conditions:
Privacy Policy
FairMarket takes user privacy very seriously. FairMarket cooperates with relevant law enforcement and third parties, enforcing intellectual property trade or other controlling legal rights. By accepting this Terms agreement, you consent to such use and disclosure of that personal information.
FairMarket requires you to provide us with your full name, full address, phone number, e-mail address, password, and username. If you are listing products, we require a valid credit card number, billing address, and credit card expiration date. We use this credit card information to verify your name, address, and other information.
Our site works with cookies. Cookies are stored on your hard drive. You may choose not to enable your cookies in your browser, if your browser permits, though in that case, you will incur problems within the site.
If you conduct transactions on our site -- bidding, buying, or selling -- we track that behavior. We track comments placed about you -- by those you have had transactions with -- in your "Rating Info." If you send us personal correspondence, such as e-mail or letters, or if other users or third parties send us correspondence about your activities or postings on the site, we may collect such information into a file specific to you.
We use your personal information and activity to improve our site's layout as well as content and product offerings. We may also use your information to inform you of changes and new offerings. You may remove yourself from receiving such information by changing the appropriate option. To do so, link to the "User Info," then "Profile" page. We use your e-mail address, mailing address, or phone number to contact you regarding account and invoicing issues. If you choose to list products on our auction, we use your address and billing information to bill you.
We do not sell or rent any personally identifiable information about you to any third party. We do aggregate information and disclose such information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you. Certain information, such as your password and credit card number, is not disclosed in aggregate at all. Throughout the site, your user ID identifies you. We automatically send an e-mail to the winning bidder(s) containing the seller's user ID and e-mail address, and we send an e-mail to the seller containing the winning bidder's user ID and e-mail address. All recipients of such information agree to restrictions on how they use and disclose such information. We also let users see all the items you have listed.
FairMarket may use your information and activity to resolve disputes, troubleshoot problems, and enforce our terms. We also keep track of any alias you register with. We cooperate with all law enforcement inquires and with all third parties to enforce their intellectual-property or other legal rights.
Unfortunately, because of the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, we may be compelled under law to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, we can (and you hereby authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in compliance with the law. Therefore, though we use industry-standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will remain private.
In reference to use of others' information, as a seller, you will be sent (via e-mail) the user ID and e-mail address of the winning bidder(s), and as a winning bidder, you will be sent (via e-mail) the user ID and e-mail address of the seller. By entering into our User Agreement, you agree that, with respect to other user's personally identifiable information that you obtain through the site or through a FairMarket-related communication or FairMarket-facilitated transaction, FairMarket hereby grants to you a license to use such information only for: (a) FairMarket-related communications that are not unsolicited commercial messages, (b) third-party services offered through FairMarket (i.e. escrow), and (c) any other purpose that a user expressly opts into after adequate disclosure of the purpose(s). In the case of (c), you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumsta
nces, except as defined in this section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other users after adequate disclosure.
FairMarket and our users do not tolerate spam. Therefore, you are not licensed to add a FairMarket user -- even a user who has purchased an auction item from you -- to your mail list (e-mail or physical mail) without their express consent after adequate disclosure.
The Disclaimer
DISCLAIMER OF WARRANTIES: THIS AUCTION SERVICE (THE "SERVICE"), WHICH INCLUDES THE CONTENTS THEREOF IS BEING PROVIDED BY FAIRMARKET AND THE "SERVICE PROVIDERS," AT THE SOLE RISK OF THE USER. NEITHER OF THE SERVICE PROVIDERS, NOR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, NOR AGENTS WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR THAT THE INFORMATION OR ACCESS WILL BE ERROR-FREE, NOR DO THE SERVICE PROVIDERS NOR ANY OF THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, NOR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, THE SERVICE IS AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE. LIMITATION OF LIABILITY: NEITHER THE SERVICE PROVIDERS.
NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO, OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF THE SERVICE PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF SERVICE PROVIDERS AND THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, AND AGENTS, AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF
THIS AGREEMENT.
The Service cannot take responsibility for the quality of the lots presented herein. This includes, but is not limited to, mistakes and typographical errors entered by a seller.
The Service disclaims any warranties expressed or implied on products or services listed on the service.
Contents of this website are the exclusive property of FairMarket copyright 1998 and may not be reproduced in any form without the prior written consent of FairMarket Inc. "FairMarket" and the FairMarket logo are trademarks of FairMarket Inc. and may not be used without the prior written consent of FairMarket. If you have any questions concerning the use of FairMarket or the FairMarket logo, please write to questions@fairmarket.com.
Users agree to indemnify and hold The Service harmless with regard to loss or damage experienced through use of this system.
The Service reserves the right to refuse service to anyone at any time.
The Service reserves the right to cancel any bid at any time.
Users must be of legal age with the ability to enter into binding contracts.
The Service does not assume responsibility for the content or the context of the listings.
The Service cannot guarantee preservation of records, and may delete information without notice, at its sole discretion.
The Service cannot guarantee we will notice or prevent any inappropriate use of the system.
The Service cannot guarantee we will notice or prevent users from registering with false demographic information.
The Service Provider cannot guarantee sellers will complete the sale of a lot, or that buyers will go through with the purchase of a lot; all risk is taken by the individual buyers and sellers. This includes, but is not limited to, risks associated with dealing with foreign nationals, underage persons, or persons acting under false pretense. Get to know your trading partner!
Payment terms are to be agreed upon between seller and buyer. The Service is not involved in the transaction.
The Service is not responsible for damage or loss caused by errors in the system or the Internet. The system may be unavailable unexpectedly as a result of errors or circumstances beyond our control. Use at your own risk.
The laws of the state of Massachusetts govern the Operating Rules and these Terms and Conditions. As noted elsewhere, your conduct may be subject to other local, state, and national laws. You expressly agree that exclusive jurisdiction for any claim or dispute resides in the courts of the State of Massachusetts. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Massachusetts in connection with any dispute or claim involving The Service Provider.
The Operating Rules and the Terms and Conditions of this Disclaimer supersede any prior agreements between you and The Service. The Operating Rules and the Terms and Conditions of this Disclaimer may be amended from time to time by The Service in its sole discretion.
