1. How this agreement works.
1.1. Welcome to Vicmart's online shop community (the "Site"). This User Agreement ("Agreement") lists the terms of the Agreement between you (this means "you") and Vicmart.com ("Vicmart.com" or "we" or "us") for the buying of goods, and all other services we provide (the "services"). By entering our site or using the services it offers you, you accept the terms and conditions of this Agreement.
1.2. Modification. If we change this Agreement, we shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of the Agreement is automatically effective 15 days after it is initially posted on the Site. Your continued use of this Site and the services following Vicmart.com's posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the services or this Site. This Agreement was revised on January 7, 2002.
2. Who we are and what we do.
2.1. Online Marketplace. Vicmart.com is a venue that allows people who want to buy goods or items ("Buyers") to buy these same goods or items from us.
3. How to buy an item from us.
3.1. A member who wants to buy an item first scans the Vicmart.com Site for items listed that match the Buyer's desired items. Once the Buyer finds a matching item, the Buyer places an order through the CCNow online credit card payment server.
3.2. When an order is made, you authorize your credit card to be charged in an amount equal to the listing price and shipping costs calculated in the items listing price. The authorization will remain on the Buyer's credit card until the sale is completed or the order is cancelled.
4. Completing the sale.
4.1. After confirmation that we have shipped an item, the Buyer's credit card is charged for the sale price of the item plus shipping costs. AT NO TIME IS THE BUYER'S CREDIT CARD INFORMATION PROVIDED TO US.
5. Your relationship to us.
5.1. Permission. You, as a Buyer, grant Vicmart.com and CCNow.com permission to charge your credit card for the purchase of items.
6.1. Illegal activity. You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site. You agree not to use or permit any one to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to use an invalid or unauthorized credit card or bank account information.
7. What happens if we think you have broken our rules.
7.1. Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding a transaction.
7.3. Making adjustments. You authorize us to withhold payment or charge your credit card accounts (or debit your bank account) for any amount you owe us if (a) a sale is cancelled for any reason; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying activity; or (c) you otherwise owe us a specific amount.
8. Your warranties to us.
8.1. You represent and warrant that any information you provide to us or to other users of our site (a) is not false, inaccurate, misleading, obscene, trade libelous, defamatory, unlawfully threatening or unlawfully harassing; (b) is not fraudulent; (c) does not infringe any third party's privacy or other right; (d) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (e) does not contain any viruses or any programming that is intended to damage or interfere with any system, data or personal information.
8.2. You agree to indemnify and hold Vicmart.com and its subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Vicmart.com and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions.
9. What we don't warrant (disclaimers of warranties and limitations of liability).
9.1. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, VICMART.COM PROVIDES THE SOFTWARE, SITE AND SERVICES ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VICMART.COM MAKES NO WARRANTY WITH RESPECT TO THE SOFTWARE, THE GOODS OR THE MANUFACTURER OF THE GOODS, OR WITH RESPECT TO THE SERVICES VICMART.COM PERFORMS, AND VICMART.COM EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
9.2. VICMART.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT AND SPECIAL DAMAGES) WHICH MAY RESULT FROM THE MANUFACTURE, SALE, DISTRIBUTION OR USE OF GOODS OR ITEMS.
9.3. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS REPRESENT BARGAINED FOR ALLOCATIONS OF RISK, AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATIONS OF RISK.
9.4. You agree that Vicmart.com is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Vicmart.com and its subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Vicmart.com that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Vicmart.com as a reseller of goods.
9.5. Vicmart.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any services under this Agreement.
10. We own the intellectual property rights to our Site.
10.1. You acknowledge and agree that (a) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "intellectual property") is and shall remain our sole property, and (b) nothing in this Agreement shall confer in you any right of ownership or license rights in our intellectual property. In addition, you shall not now or in the future contest the validity of Vicmart.com's intellectual property.
10.2. Copyright (c) 2001-2002, Vicmart.com. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Vicmart.com or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Vicmart.com and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
11. Additional terms that affect our Agreement.
11.1. Notices. Except as expressly stated otherwise, all notices to Vicmart.com shall be sent through the Contact Form provided on the Site. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provide to us during the ordering process. Such notice shall be deemed given one business day after the email is sent.
11.2. Governing Law; Arbitration. This Agreement shall be governed by and interpreted in accordance with the law of the State of Florida, U.S.A., without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Miami, Florida, U.S.A., under the then-current rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court of competent jurisdiction. In the event we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the state and federal courts in Florida, U.S.A.
11.3. Responsibility for Taxes. Vicmart.com is a venue only and is not responsible for the collection or remittance of any state and/or local sales taxes. Buyers are responsible for all tax related issues that may arise.