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frankstrade.com User Agreement

Use of the frankstrade.com web site and the services we offer constitutes your acceptance of all terms and conditions stated in the User Agreement below.


Frankstrade.com reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 5 days from the date they are posted. If you do not agree to such changes, you may request that we close your account by contacting us. If you have any questions about this user agreement please contact frankstrade.com.


We strongly recommend that you read, in full, and completely understand this user agreement and all our other rules and policies before registering with frankstrade.com. Upon registration you agree that this agreement and all our other rules and policies take effect whenever you use our services at frankstrade.com.


While frankstrade.com using you will not

  • Post content and/or items in an inappropriate category or area on our site.
  • Violate any laws, third party rights, or our policies.
  • Use our site if you are not able to form a legally binding contract, under the age of 18, or temporarily or permanently suspended from our site.
  • Fail to deliver purchased items to the winning bidder unless he/she fails to meet the terms or are unable to authenticate their identity.
  • Fail to make a payment for purchased items unless the seller has done any of the following: changed the item description, made obvious and clear typographical errors, you cannot authenticate the identity of the seller.
  • Post any information that is false, inaccurate, misleading, defamatory, or libelous content which includes any personal information.
  • Undermine our feedback and/or our ratings system.
  • Post spam, chain letters, or pyramid schemes.
  • List or sell any illegal drugs or illegal drug paraphernalia or any other materials used for illegal activity.
  • Distribute viruses or any other harmful technologies that may damage frankstrade.com or harm the interests and properties of its users and staff.
  • Copy, change, or distribute rights or content from frankstrade.com.
  • Collect and/or distribute information about our users which include the following: email addresses and personal information without their consent.
  • Uploading copyright protected content (copyright infringement) as well as other content that might violate the privacy of another. Uploading and/or selling copyright protected items will result in fines and imprisonment.
  • List or sell any stolen or illegal item.

1. Abusing frankstrade.com.

At frankstrade.com we may suspend or terminate user accounts that abuse our site and/or violate our terms of service and policies. We may also take legal and technical action against users whom we believe are creating problems, legal liabilities, infringing upon personal and intellectual property as well as any other rights of users and third parties.

We may also, at our discretion, and under what we would consider to be an appropriate circumstance, suspend or terminate user accounts or repeat offenders to property rights of third parties. These include intellectual and personal property. Frankstrade.com also reserves the right to cancel unconfirmed and/or inactive accounts.


2. Eligibility / Registration

To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing frankstrade.com with true and correct information as required on the frankstrade.com registration form and verify your identity using phone verification to make sure we know who is bidding or buying and to reduce issues with delinquent users. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account.


3. Frankstrade.com serves only as a Venue

frankstrade.com is an Internet site in which Members post ads offering merchandise they wish to sell or auction in an open environment. Registered users are encouraged to buy or to make offer or to place bids on any merchandise they are interested in purchasing. At no time does frankstrade.com possess, hold, or offer any merchandise for sale or auction, nor are we involved in any part of the actual sale or bid transaction. Frankstrade.com serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, authenticity, and availability of the items listed on their site. Furthermore, it is the responsibility of the bidder/buyer to verify with the seller all information about any item listed on frankstrade.com. We encourage open communication between buyers and sellers before and after any transactions take place.


4. User Verification

Because of the difficulties involved with verification over the Internet, frankstrade.com is unable to guarantee that a user is whom they claim to be. If you are uncertain of any users identity, we suggest that you contact them. You may also review any members feedback profile to see what other users have posted about past business and transactions.


5. Disputes and Release

Because frankstrade.com has no involvement in transactions between users, we can not get involved in disputes. You hereby release frankstrade.com (including all officers, directors, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages, or claims resulting from such disputes.


6. Selling on frankstrade.com

In order to list any item for sale or auction in frankstrade.com, you must become a Member by paying an annual Membership Fee which comes with some listing/auction privilege for one year. You may also buy additional listing privilege and/or enhanced listing options. You must also make sure your feedback profile is public for all other users and potential buyers.

By listing any item(s) for sale or auction on frankstrade.com, you are stating that you have the right, intention and ability to sell and give possession to the item(s). You furthermore state that any item(s) which you are offering for auction/sale do not violate any local, state, or federal laws, regulations, or guidelines prohibiting the sale or distribution of your item(s).

Below are some more rules for listing and selling on frankstrade.com

Listings may consist of any one, or a combination of the following:

    •A detailed and accurate text description of your item.

    •An accurate picture of your item.

    •A link to a picture (that you own, have rights to, or permission to use)

Listings may not contain items or information that:

    •Violate any state, local, or federal laws that prohibit the sale or distribution of your item.

    •Infringe upon any third parties, copyright, patent or trademark rights.

    •Falsely advertise, or misrepresent the merchandise being offered for sale.

    •Are sexually explicit in nature, contain, or describe sexual acts, nudity, pornography or child pornography, or would be classified as Adult only material.

    •Cause frankstrade.com to violate any local, state, federal law, regulation, or guidelines by paying a listing fee or final auction value fee to frankstrade.com

Sellers may not engage in the following activity:

    •Use a secondary ID to place bids on your own auction for any reason.

    •Solicit users to place bids in an auction being run by another seller that offers an item similar to, or identical to yours.

    •List an item in which you have a limited quantity available, and have also listed, at the same time, on another online auction site or for local sale.

    •List items which you do not have possession of at the time of listing, unless this information is clearly stated within the item's description.

    •Break obligations and agreements per term in their listings when a bid has been placed that meets or exceed the stated minimum bid or reserve price

    •If you are running a Dutch Auction, your items must be identical in size, shape, color, performance and description.

Frankstrade.com also prohibits the sale of any replicated or counterfeited items. We also prohibit the sale of unauthorized items. Items that would fall under these categories include: bootlegged, illegally duplicated, or pirated material. These things are considered infringement upon copyrighted and trademarked material.

Violation of these rules will cause your account to be suspended. If your account has been suspended, you will not be able to sell on frankstrade.com and the fee you paid to frankstrade.com will not be refunded.


7. Placing Bids or Buying

Before you can place any bid or buy any item from frankstrade.com, you must first become a Registered User. By placing a bid on an item(s) listed on frankstrade.com, you are stating that you have the ability and intention to purchase that item for that amount. Should the auction end and you are the high bidder you are required to pay for that item including any applicable taxes, packaging and shipping charges. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid and pay for the same. The same is applicable if you make an offer to buy any item and the seller accepts your offer.

Before placing a bid in an auction or make any offer, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should contact the seller before placing your bid.

Only in certain situations would the withdrawal of a bid be accepted. These situations include:

    •The seller has made changes to the description of the item after your bid was placed.

    •The seller has made a typographical error in the description of the item.

    •You have contacted the seller and received their express permission to withdraw your bid.

Bidders may not engage in the following activity:

    •Bid in a manner that would cause the maximum bid of other user to be revealed, and then bid again at a lower increment above the true high bidder.

    •Place bids for the purpose of exposing the seller’s reserve price then retract your bid and then bid again later with a secondary User ID.

    •Bid on any item that you do not have the intention or means to purchase at the close of the auction. You are encouraged to contact the seller with any questions you may have regarding the sale and condition of an item they have listed on frankstrade.com before you bid.

    •By placing a bid, you further state that the purchase and/or taking delivery of the item does not violate any local, state or federal laws, regulations, or guidelines regarding the possession or distribution of such item(s).


8. Fees

Before you can buy or bid any item listed on frankstrade.com, you must first become a Registered User and verify your identity using phone verification to make sure we know who is bidding or buying and to reduce issues with delinquent users. Before you list any item for sale or auction any item, you must first become a Registered User and also become a Member by paying an annual Membership Fee. This annual membership allows you to have an online store in frankstrade.com and certain number of listings that can be replaced an unlimited number of times for one year. At any time, you may also buy additional listings or enhancement(s) to your listing. Regardless of when you bought such additional listings or enhancement to your listing, all of them expire when your annual membership expires. Regardless of reason, all fees paid to frankstrade.com are NOT refundable.


9. Personal Information

Personal information is the information that you provide tofrankstrade.com or to other members when:

    •Completing the registration process.

    •Listing an item.

    •Placing a bid.

    •Leaving feedback comments.

    •Placing your credit card information in an encrypted file with us.

    •Posting messages in the Forum.

    •Using any email feature offered to you through use of the site.

You are responsible for your personal information. In the event that your information creates a liability to us we may take appropriate actions regarding such information. Examples of these liabilities may include: causing our internet service provider, suppliers, agents, and/or contractors to sever their services with us.

The use of your information is explained in our current Privacy Policy. Please review that policy in full detail prior to registering with frankstrade.com.


10. Your Password

You may not disclose, share, or distribute your password to any third party. If you do, you will be held responsible for any actions that have taken place under your account. If you feel your password has been jeopardized, immediately change your password. You may change your password at any time, and as often as you wish.


11. Public Forums

Frankstrade.com provides public forums, in which registered members may post messages and enjoy interacting with other registered members. These forums are provided as a courtesy to the frankstrade.com community. Frankstrade.com is not responsible for the content posted in the forums and may not agree with the views expressed therein.

The following types of posts or comments are considered unacceptable in any forum on our site. Posting of such comments may result in the suspension of your ability to post in our forum area and/or the suspension of your frankstrade.com account.

    •Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a forum.

    •Posts that advertise items you have for sale.

    •Posts that contain profanity or that are defamatory in nature.

    •Posts that contain links to other online auction sites.

    •Posts that contain adult pictures, material, or links there to.

    •Posts that disclose personally identifiable information about other registered members.

    •Posts that are disruptive in nature, harass, or threaten another member or frankstrade.com staff member.

    •Posts that contain spam or chain letters.

Additional guidelines may be posted, and amended, regarding the use of our forums.


12. Stability

Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the frankstrade.com web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information.


13. Maintenance

Frankstrade.com reserves the right to shut down its computers and network for any planned or emergency system or network maintenance. We do not anticipate such maintenance would take more than few hours and planned maintenance will be carried out during night hours. When our systems are shutdown for maintenance, all auctions expiring during the shutdown hours will be postponed beyond the shutdown hours.


14. Feedback

frankstrade.com provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. The following actions regarding the use of the Feedback system are prohibited:

    •Threatening another user with negative feedback for their refusal to perform actions not related to your transaction or with their failure to agree to terms and conditions of an auction that were not stated in the original listing.

    •Leaving feedback that contains vulgar, racist, and obscene language or comments consisting of adult material.

    •Leaving feedback that discloses another user’s personally identifiable information.

    •Leaving comments that are negative in nature, through the selection of the Positive comment option.

    •Posting links or scripts.

    •Post about personal beliefs such as political views, religion, and social commentary rather than actual feedback

    •Post comment or replies about unrelated transactions.

Frankstrade.com provides you with an opportunity to "Retract" a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment. This function should not be abused. Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account.

In the event that your feedback rating should reach the status of -4(negative 4) your registration and account may be suspended.

It is expected that you will use the Feedback system in a professional manner that upholds and maintains the integrity of the Feedback System.


15. Privacy

We believe that user privacy is extremely important. At frankstrade.com we use industry standard firewall and password protection. Only authorized employees have access to information that is provided to us. We encrypt and store confidential information in secure database. Please read our Privacy Policy for a more in depth description of our policies. If you object to your information being used in any way described in our Privacy Policy, please do not use our services.


16. Notice

All notices given between both parties (You and frankstrade.com) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email you have provided during the registration process or currently have on file in your account. Notices sent via email shall be considered served 24 hours after an email has been sent, unless the sending party is notified that the email address provided is invalid. In cases involving the use of standard mail, a notice is considered served 3 days after the mailing date. Notices regarding changes to the terms and conditions of the User Agreement maybe given by posting such changes to the site, and will be considered given and effective 5 days from the time of such posting.


17. Limitation of Liability - Non Warranty

IN NO EVENT SHALL frankstrade.com (INCLUDING OUR SUPPLIERS,OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES,OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING,INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.

THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OURSUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

You also acknowledge that frankstrade.com is not a traditional auctioneer. Instead we are a venue that allows users to sell, offer, and buy anything, at anytime, and anywhere, in a wide variety of price formats and locations, such as online stores, fixed price formats, and auction style formats. Frankstrade.com is not involved in the actual transaction between buyers and sellers. We cannot guarantee the quality, safety or legality of advertised items, the accuracy of users content or listings, the ability of sellers to sell their items, the ability of buyers to pay for items, or that a buyer will actually complete a transaction.


18. Indemnification

You agree to indemnify and hold harmless frankstrade.com, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of the violation of this User Agreement or the violation of any laws or rights of a third party.


19. Legal Responsibility

It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site.


20. No Partnership / Agency

You and frankstrade.com act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.


21. Violation of User Agreement

We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.


22. Copyright

Copyright is a form of protection provided to authors and creators of original works. The laws of copyright provided by the United States protect works of art that include the following: Books, paintings, all forms of music and lyrics, video, software, and all other intellectual works and property. Once a work is printed on paper or video copyright laws prevent others from using that work without permission.

Under copyright laws, users of frankstrade.com are allowed to resell any copyrighted item that they have purchased and that allows you to resell. For example, if you have bought a book, DVD, or music album and you are legally permitted to resell that item, you are then able to resell that item. Under NO circumstances are you allowed to resell items that are not legally permitted to be resold or make copies of copyrighted material and sell those items.

Frankstrade.com also prohibits giving away unauthorized copies of copyrighted material. For example, selling an item for a certain amount and including a free CD or DVD.

Unless you own the copyrights, users will not do any of the following:

    •Burn DVDs and CDs or music, software etc. and resell the copies

    •Photocopy books, magazines, or any other forms of literature and resell the copies

    •Alter photographs and paintings and resell the copies

For more information on copyright laws please visit the official copyright website at www.Copyright.gov

If any users of frankstrade.com are caught violating copyright laws they will be banned immediately from our site and restricted from using our services. Those caught violating these laws are also subjected to paying fines and other judicial consequences involved with copyright infringement.


23. Permit and Licenses

It is your responsibility to obtain all necessary permit and license from local county, state and federal government as needed. Before you buy any birds or animals, you may want to check with the respective government agencies for the requirement for permit and licenses.


24. Health Certificate

Certain states, counties or towns require the lives to be tested for certain diseases or conditions. It is the responsibility of the buyer to know about such requirements and inform the seller of such requirements and pay for it.


25. General

This Agreement and the terms and conditions herein, shall be governed by the laws of the State of New York. You further submit to the legal jurisdiction of the state of New York and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in Syracuse, New York.

We may amend this agreement at anytime by posting the amended terms on our website. Unless stated elsewhere, amendments will be considered effective 5 days after posting. We will also notify users via email of any amendments to our terms of use. The terms in this agreement my not otherwise be amended except in writing and hand signed by both parties (you and us). For this provision writing does not include an email message and a signature does not include an electronic signature.


26. Disclosure

The services herein are offered by frankstrade.com. Any Inquiries can be made to the following address:


FranksTrade.com

ATTN: Legal Department

6562 Ridings Road

Syracuse, NY 13206

Phone: 315-362-9898

Fax: 315-457-5125

USA

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