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| Terahub Terms of Service |
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Welcome to Terahub. Terahub is an interactive on-line service provided by
Kobatera, LLC. By using this service, you accept and agree to the following
Terms of Service (TOS). This is a legally binding agreement between you and
Kobatera. If you do not agree to the terms stated below please exit the
service immediately. These terms may be updated periodically without notice to
you. You can view the most current version of these Terms of Service at
http://www.terahub.com/info/termsOfService.do.
- Description of Service
Terahub is a service that allows buyers and sellers of equipment to find each
other. Sellers list information about equipment, and buyers search the
information to find equipment that they are looking to buy. Terahub provides
features that make listing equipment, locating equipment, and contacting sellers
easy. Terahub does not provide or verify any information about the equipment
that is listed for sale on the site. Sellers provide all equipment information
themselves. Terahub does, however, try to maintain consistency in how
information is listed. This improves the visitor's ability to locate the
particular equipment they want. The prices listed by sellers may not include all
items such as sales tax, title fees, transportation fees, etc. The terms of
sale of all equipment is negotiated directly between the buyer and seller
without any involvement from Terahub. You understand and agree that this service
is provided "AS-IS" and that Kobatera assumes no responsibility for the accuracy
of information provided on this site. Please take a moment to review Terahub's
privacy statement.
- Seller's Responsibility
When you offer equipment for sale on Terahub, you must be prepared to sell that
equipment at the price at which you've listed it. You must have the equipment
in your possession, and have the ability to transfer title or ownership. You
must provide accurate contact information. The contact information must permit
buyers to communicate directly with you, the seller. You may not charge any
potential buyer for information about the equipment. By placing an ad on
Terahub, you agree to pay the fees specified for the type of ad listing that you
purchased, regardless of whether your equipment sells as a result of the
listing. Listing fees are not refundable. Additional terms and conditions may
apply, and will be presented at the time of purchase.
- Content Integrity
In order to provide the most useful service possible, it is important that the
information listed on Terahub be accurate and consistent. Terahub cannot verify
all listings, but we may perform random editorial review and quality checks. By
listing equipment on Terahub, you agree to cooperate with Terahub in verifying
the accuracy of your listing, and you agree that Terahub can modify any aspect
your listing at Terahub's sole discretion.
- Registration
Certain advanced features of Terahub require that a visitor register. As part
of the registration process, you will select a user name and a password. You
agree that the information you supply during that registration process will be
accurate and complete and that you will not register under the name of, nor
attempt to enter the service under the name of, another person. We reserve the
right to disallow the use of a user name that we deem offensive or
inappropriate. You will be responsible for preserving the confidentiality of
your password and for all actions of persons accessing Terahub through any
username/password assigned to you. You will notify Terahub of any known or
suspected unauthorized use of your account. In the event that you cannot
remember your password, you agree to receive your user name and password via
email at the email address on file for that user name.
- Content Usage
Terahub is available for your personal, non-commercial use only. The materials
on this site are the property of Kobatera, LLC or its licensors, and are
protected by U.S. copyright laws, other copyright laws, and international
conventions. Except as explicitly provided in this agreement, you may not
distribute, transmit, display, reproduce, modify, create derivative works from,
or otherwise exploit any of the materials on this site.
You may store or print information from the site for your personal,
non-commercial use. You may not reproduce any material on this site for
commercial use without the prior written consent of Kobatera, LLC, including the
embedding of Terahub content within another site or service. However, you are
free to establish a hypertext link to Terahub so long as the link does not state
or imply any endorsement or sponsorship of you, your company, or your site by
Terahub, Kobatera, or any of its affiliates.
You may not not use any robot, spider, automatic device, or manual process to
monitor or copy web pages or the content contained in the Service or for any
other unauthorized purpose. You further agree not to use any device, software,
or routine to interfere or attempt to interfere with the proper working of the
Service, and that you will not take any action that imposes an unreasonable or
disproportionately large load on Terahub's hardware and software infrastructure.
You agree to use any email addresses, telephone numbers, names, and other
information obtained through the use of this site strictly for the purposes of
communicating about the potential sale of equipment listed on this site.
- Third Party Offerings
Terahub may include links to third party providers of products and services that
we feel will be of interest to our visitors. Terahub cannot guarantee the
prices, terms, quality, reliability or performance of the products or services
provided by these vendors, and we are not responsible for the products or
services they provide. You release Kobatera and its affiliates from any damages
that you may incur, and agree not to assert any claims against them, arising
from your purchase or use of third-party supplied products and services.
- Copyrights and Trademarks
Terahub, Terahub.com, Kobatera, and Fast.Simple.Everywhere are trademarks of
Kobatera, LLC. The names of other products and services referred to on the site
may be the trademarks of their respective owners. You may not use any trademark
or service mark appearing on Terahub without the prior written consent of the
owner of the mark. All contents of this site are Copyright 2004 Kobatera, LLC.
All rights reserved.
You will not use Terahub to violate the copyright, trademark, or other
intellectual property rights of any person or other entity. By submitting
material to Terahub, you are representing that you are the owner of the
material, or are making your submission with the explicit consent of the owner.
By submitting material to Terahub you are permanently granting Terahub all
rights to the material, including the right to modify the material, to use it
commercially, and to maintain the material in an archive.
If you are an owner of intellectual property who believes your intellectual
property has been improperly posted or distributed via this website, please
notify us by sending email via the Terahub "Contact Us"
page.
- Termination of Service
You understand and agree that Terahub may terminate your access to this web site
and the service at any time, without notice, and at Terahub's sole discretion.
Terahub may modify or remove any content that it feels is not consistent with
the Terms of Service, or violates any laws. Terahub is not obligated to provide
any refund when service is terminated due to a violation of these Terms of
Service.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND
THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER
PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED
OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." NEITHER KOBATERA, LLC
NOR ANY OF ITS AFFILIATES, AGENTS AND LICENSORS,MAKES ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING
MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. NOR DO WE
OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY
AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOBATERA AND ITS AFFILIATES, AGENTS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF KOBATERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY
NOT APPLY TO YOU.
- General Provisions
These Terms of Service constitute the entire agreement between you and Kobatera,
LLC and govern your use of the Service. You may also be subject to additional
terms and conditions when you use or purchase other services from Terahub,
Kobatera, its affiliates, or other third-parties.
These Terms of Service shall be governed by the laws of the Commonwealth of
Virginia. You hereby agree that any cause of action you may have with respect to
the Service must be filed in the federal or state courts located in Richmond,
Virginia, within one year after the cause of action arises or the cause is
barred.
The failure of Terahub to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision. If
any provision of these Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms of Service remain in full force
and effect.
Last updated 7/25/04
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