Membership Eligibility.
Our services are available only to individuals who can form legally
binding contracts under applicable law. Emission Credits Exchange
reserves the right to extend or refuse membership to any party
without explanation. Emission Credits Exchange also reserve the
right to further screen prospective participants for information
beyond the standard registration form. Without limiting the foregoing,
our services are not available to minors or to temporarily or
indefinitely suspended Emission Credits Exchange members. If
you do not qualify, please do not use our services. Further,
your account may not be transferred or sold to another party.
Fees and Services.
Joining and posting buy and sell orders to our service is free.
Should you negotiate an agreement to buy or sell credits using
our service, we will charge each party 3% of the transaction
value of the credit sale. A minimum transaction fee of $200.00
applies to each party for each completed transaction. Emission
Credits Exchange may change our Fees and Services Policy and
the fees for our services from time to time. Changes to the policy
are effective after we provide you with at least fourteen (14)
days' notice of the changes by posting the changes on the announcements
board. We may, at our sole discretion, change some or all of
our services at any time. In the event we introduce a new service,
the fees for that service are effective at the launch of the
service. Unless otherwise stated, all fees are quoted in U.S.
Dollars. You are responsible for paying all fees associated with
using our service and our website and all applicable taxes.
The Emission Credits Exchange is Only a
Venue.
Our site acts as a venue to allow participants to sell and buy
emission credits, at anytime, from anywhere, in a format that
allows negotiation between two anonymous traders. Emission Credits
Exchange is not involved in the actual transaction between buyers
and sellers. We do not act as an agent in favor of one party
or the other. As a result, we have no control over the legitimacy
of the credits posted, the truth or accuracy of the listings,
the ability of sellers to sell items or the ability of buyers
to buy items. We cannot ensure that a buyer or seller will actually
complete a transaction.
Release.
Because Emission Credits Exchange is not involved in the actual
transaction between buyers and sellers, in the event that you
have a dispute with one or more users, you release The Emission
Credits Exchange (and our officers, directors, agents, subsidiaries
and employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive
California Civil Code §1542, which says: "A general
release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected
his settlement with the debtor."
Bidding and Buying.
You are obligated to complete the transaction with the seller
if you purchase an item through our online negotiation formats.
When placing a bid, you will be reminded of your obligation and
given the opportunity to reconsider before proceeding.
Listing and Selling.
You must be legally able to sell the credit(s) you list for sale
on our Site. You must provide all necessary information about
the credits on the listing page of our Site. If you negotiate
a sale of credits through our service, you are obligated to fill
the order. When making an offer, you will be reminded of your
obligation and be given the opportunity to reconsider before
proceeding. All listed items must be listed in an appropriate
category. If you have any questions regarding where or how to
list your credits, please consult our FAQ page or contact us.
Fraud.
Without limiting any other remedies, the Emission Credits Exchange
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 our site.
Your Information.
Definition. "Your Information" is defined as any information
you provide to us or other users in the registration, bidding
or listing process, or through any email feature. Restrictions.
Your Information (or any items listed): (a) shall not be false,
inaccurate or misleading; (b) shall not be fraudulent; (c) shall
not violate any law, statute, ordinance or regulation (including,
but not limited to, those governing export control, consumer
protection, unfair competition, antidiscrimination or false advertising);
(d) shall not contain any viruses, Trojan horses, worms, time
bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
(e) shall not create liability for Emission Credits Exchange
or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers. Furthermore, you may not list any item
on our site (or consummate any transaction that was initiated
using our service) that, by paying to us our fees, could cause
us to violate any applicable law, statute, ordinance or regulation.
License.
Solely to enable the Emission Credits Exchange to use the information
you supply us with, so that we are not violating any rights you
might have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity,
and database rights (but no other rights) you have in Your Information,
in any media now known or not currently known, with respect to
Your Information. The Emission Credits Exchange will only use
Your Information in accordance with our Privacy Policy.
Breach.
Without limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you: (a) if you breach
this Agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information
you provide to us; or (c) if we believe that your actions may
cause legal liability for you, our users or the Emission Credits
Exchange.
Privacy Policy.
The information you provide us is private and will not be given,
sold, or traded to any other entity except with your written
permission and/or as necessary to transact a completed and negotiated
trade.
No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply
to you. This warranty gives you specific legal rights and you
may also have other legal rights that vary from state to state.
Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE).
Indemnity.
You agree to indemnify and hold the Emission Credits Exchange
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.
Legal Compliance.
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use
of our service and your bidding on, listing, purchase, solicitation
of offers to purchase, and sale of credits.
No Agency.
You and the Emission Credits Exchange are independent contractors,
and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created
by this Agreement.
General.
This Agreement shall be governed in all respects by the laws
of the State of California as such laws are applied to agreements
entered into and to be performed entirely within California between
California residents. We do not guarantee continuous, uninterrupted
or secure access to our services, and operation of our site may
be interfered with by numerous factors outside of our control.
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall
be enforced. You agree that this Agreement and all incorporated
agreements may be automatically assigned by the Emission Credits
Exchange, in our sole discretion, to a third party in the event
of a merger or acquisition. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope
or extent of such section. Our failure to act with respect to
a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement sets
forth the entire understanding and agreement between us with
respect to the subject matter hereof. Sections Fees and Services
with respect to fees owed for our services, Release, License,
Liability Limit, and Indemnity shall survive any termination
or expiration of this Agreement.
Disclosures.
The services here under are offered by Justice & Associates,
located at 4155 Outer Traffic Circle, Long Beach, CA 90804.
Telephone: (562) 498-0585
Fax: (562) 961-3493
Email:
lisa@EmissionCreditExchange.com
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