Term & Conditions & User Agreement
The following describes the terms and conditions with which eMicosta.com offers you access to our sites, services, applications, and tools.
The User Agreement and Policies are effective upon acceptance for new users. For current users, the Agreement is effective from February 1, 2016. You accept this User Agreement by clicking the Submit button when registering an eMicosta.com account; accessing or using eMicosta.com's sites, services, applications, and tools; or as otherwise indicated on a specific site, service, application, or tool.
eMicosta.com and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. The following terminologies apply to these Terms and Conditions:
Privacy Statement and Disclaimer Notice and any or all Agreements "Client", "You" and "Your" refers to you, the person accessing this website and accepting EMICOSTA.COM'S terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to eMicosta.com (An initiative of Micosta Enterprises, Inc.) "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to American Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
eMicosta.com has the authority of making any kind of changes anytime in its terms and conditions without any prior notice to the users.
EMICOSTA.COM and its associates attempt to be as accurate as possible. However, EMICOSTA.COM does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.
The products being offered by EMICOSTA.COM impose a shared responsibility between the buyer and the seller. The responsibility lays on you the purchaser to ensure that the products displayed meet your desired specification before payment. The products on display are for domestic use only. Where you intend to use any of the products on display for business purposes, we exclude warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question. EMICOSTA.COM shall be under no liability whatsoever for any delay or failure to deliver products if such delay is wholly or partly caused directly or indirectly by circumstances beyond our reasonable control.
To protect against the risk of liability, eMicosta.com has at times requested, and may continue to request, that the seller funds are based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an eMicosta.com Buyer Protection claim.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
SITE ACCESS AND USE
While using eMicosta.com sites, services, applications, and tools, you will not:
- Post content or items in inappropriate categories or areas on our sites and services;
- Violate any laws, third party rights or our policies;
- Use our sites, services, applications, or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
- Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot reach the seller;
- Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot reach the buyer;
- Manipulate the price of any item or interfere with other users' listings;
- Avoid or manipulate our fee structure, the billing process, or fees owed to eMicosta.com;
- Post false, inaccurate, misleading, defamatory, or libelous content;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to eMicosta.com);
- Avoid any eMicosta.com policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
- Transfer by any manner any eMicosta.com application or your eMicosta.com account (including Feedback) and user ID to another party without our consent;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm eMicosta.com, or the interests or property of eMicosta.com users;
- Export or re-export any eMicosta.com applications, or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- Copy, modify, or distribute rights or content from the eMicosta.com sites, services, applications, or tools or eMicosta.com's copyrights and trademarks;
- Commercialize any eMicosta.com application or any information or software associated with such application; or
- Harvest or otherwise collect information about users, including email addresses, without their consent.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content without express written consent of EMICOSTA.COM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of eMicosta.com and our associates without express written consent.
For specific product inquiries, warranties, delivery etc., eMicosta.com can intermediate the communication between buyer and seller
eMicosta.com and its community of users (the "Community") work together to keep our sites, services, applications, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, manipulating Feedback, avoiding temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue eMicosta.com sites, services, applications, or tools.
The transaction method for buying eMicosta.com products is completely based on Credit card and PayPal. eMicosta.com is not bounded to take actions regarding any kind of disputes related to payment between buyer and the seller. In case if a buyer is having any kind of issues with any seller of eMicosta.com, he or she is requested to give us a feedback, so that eMicosta.com can take appropriate actions regarding the same, but the same is not mandatory in any conditions.
CONTENT, DISCLAIMER, EXCLUSIONS AND LIMITATIONS
When providing us with content or posting content on eMicosta.com's sites, services, applications, and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including eMicosta.com users). You may use catalogue content solely in connection with your eMicosta.com listings during the time your listings are on eMicosta.com's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all eMicosta.com policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
Disclaimer of Warranties; Limitation of Liability
We try to keep eMicosta.com and its sites, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications, or tools. You further acknowledge that operation of and access to our sites, services, applications, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Other notification functionality in eMicosta.com's applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays, or latency due to your physical location or your wireless data service provider's network. You agree that you are making use of our sites, services, applications, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold eMicosta.com responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our sites, services and tools;
- Delays or disruptions in our sites, services, applications, or tools;
- Viruses or other malicious software obtained by accessing our sites, services, applications, or tools or any site, services, applications, or tools linked to our sites, services, applications, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications, and tools or in the information and graphics obtained from them;
- Damage to your hardware device(s) or loss of data those results from the use of our sites, services, applications, and tools;
- The content, actions, or inactions of third parties, including items listed using our sites, services, applications, or tools, feedback provided by third parties, or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account;
- The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
- eMicosta.com's decision to end or remove your listing(s);
- Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; eMicosta.com reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing, shipping or other guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall at all times be vested in us or our content suppliers and protected by the Copyright Act. All trademarks not owned by EMICOSTA.COM or its subsidiaries that appear on this site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by EMICOSTA.COM or its subsidiaries. EMICOSTA.COM'S trademark may not be used in connection with any product or service that does not belong to it in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the company.
eMicosta.com's sites contain robot exclusion headers. Information on our sites is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to eMicosta.com by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of eMicosta.com and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of our sites, services, applications, or tools, or any activities conducted on or with our sites, services, applications, or tools; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
By listing an item on eMicosta.com's sites, you agree to pay eMicosta.com's fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on eMicosta.com's sites, your listing will be posted on eMicosta.com's sites and can be viewed in My Account. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 to 72 hours in some circumstances), so eMicosta.com can't guarantee exact listing durations. eMicosta.com's duplicate listing policy may also affect whether your listing appears in search results. eMicosta.com reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in eMicosta.com's Help Pages.
Keyword spamming occurs when sellers place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing. Keyword spamming in listings is not permitted on eMicosta.com. The text that store owners place in listings must be directly relevant to the item being sold.
You are responsible for reading the full item listing, including any instructions the seller provides, before making a commitment to buy. Unless otherwise stated, by making a bid or commitment to buy an item on eMicosta.com, you are committing to buy the item from the seller listing the item. If you make a commitment to buy, you enter into a legally binding contract with the seller and are obligated to purchase the item. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller. We do not transfer legal ownership of items from the seller to the buyer.
LAW AND FORUM FOR LEGAL DISPUTES
By visiting EMICOSTA.COM, you agree that the laws of the USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EMICOSTA.COM or its associates. Any dispute in relation to your use of EMICOSTA.COM or to products you purchase through EMICOSTA.COM shall be referred to the Jurisdiction of Columbia County, NY, USA, in except that, to the extent you have in any manner violated or threatened to violate EMICOSTA.COM's intellectual property rights, EMICOSTA.COM may seek injunctive or other appropriate relief against you at the appropriate Law courts and you consent to exclusive jurisdiction and venue in such courts.