|KidMax User Agreement||go to Help:Contents |
|Welcome to KidMax. Please read the following user agreement carefully, as it is a contract between you and KidMax and applies to your use of KidMax's Website KidMax.com ("Website") and KidMax's Services ("Services"). Services include, but are not limited to buying, selling and exchanging goods & services on this Website. You must read, agree with and accept all of the terms and conditions contained in this User Agreement. In This User Agreement may be updated by us from time to time without notice to you. You can review the most current version of this User Agreement at any time at: http://kidmax.com/help/legal/usragmt.aspx.|
|This User Agreement contains fifteen (15) sections, and you may jump directly to any section by selecting from the links below:|
- Eligibility to register and become a member of KidMax
- Account Information & activities
- Transaction rules and guidelines
- Fees / Seller Fees
- KidMax's Role and Responsibilities
- Privacy & Security Policy
- System Outages
- Trademarks, Service Marks, Copyrights and Use of Third Party Materials
- Governing Laws
- Amendments and Modifications
|In order to access certain portions of our Website, buy, sell or exchange goods & services available on our Website, you must register with KidMax by completing an online registration form. Registration makes you a member of KidMax community. If you do not register, you will not be able to access these portions of the Website. By registering, you agree to comply with the terms and conditions of your registration form as well as the terms and conditions of this User Agreement.|
|2. Eligibility to register and become a member of KidMax|
| ||a. Eligibility|
Registration on our Website to become a member of KidMax community is limited to persons who are eligible to enter into contracts under applicable law. This means, among other requirements, you must be 18 years of age or older and be a resident of United States or a country with which United States does not prohibit trade of any kind to be accepted as a registered User of our Website. If you do not meet these requirements, you cannot register on our Website. KidMax reserves the right to reject your application to become a member for any reason at any time. We also reserve the right to permanently suspend any member and/or block access of any member who violates this User Agreement or any other term or condition of use, at any time, at our sole discretion.
| ||b. Single User Identification|
When you register, you will be asked to create your own unique Username and password (collectively, Account Information) which you will need in order to access certain portions of our Website. You agree that the Username is only for your personal use, and you will not permit anyone else to use your Username. You may not transfer your Username to anyone else.
| ||c. Complete and Accurate Information|
You represent and warrant to KidMax that the information contained in your registration form is complete and accurate. It is your responsibility to keep registration information current at all times.
|3. Account Information & activities|
|You are responsible for maintaining the confidentiality of your Username and password (collectively, Account Information) and are fully responsible for all activities that occur under your Account Information. You shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. KidMax shall not, in any manner, be responsible or liable for fraudulent purchases, sales or other transactions that are made using your compromised Account Information.|
|4. Transaction rules and guidelines|
|You agree to abide by rules and procedures described in detail in Help Pages in order to buy, sell or exchange goods & services on our Website. The rules and procedures described in Help Pages are incorporated by reference, and made part of, this User Agreement. You agree to do what is required from you to complete a transaction when you are obligated to, as described in Help Pages. These rules and procedures can change at any time without notification to you. You must review them regularly.|
|5. Fees / Seller Fees|
|There is no fee to browse this Website. Buyers are not subject to any fees from KidMax. Buyers must carefully review and understand the price they are willing to pay for an item or listing before agreeing to purchase or accept an offer.|
Seller Fees (Product/Item) & Seller Fees (Service/Business) are incorporated by reference, and made part of, this User Agreement. You agree to pay all the applicable fees without delay.|
|6. KidMax's Role and Responsibilities|
| ||a. KidMax's Role|
KidMax is a marketplace that enables members to buy, sell or exchange goods & services with each other. Members of KidMax could be businesses or individuals who are located all over the world. Rules for registration to become a member of KidMax are defined in Section 2 of this User Agreement.
| ||b. Selling on KidMax|
You agree to abide by all the local and otherwise applicable laws and regulations in listing your items for sale or exchange on KidMax. KidMax is not responsible to make sure that an item that you are listing is legal to sell in any jurisdiction. You agree to take complete responsibility for selling or exchanging the item and agree to not involve KidMax in any legal issues that may arise related to your item. You also agree to represent the item(s) for sale or exchange truthfully by providing it's accurate and precise details and description in the listing(s). Before you list an item for sale or exchange on KidMax, you must make sure that is allowed to be listed on KidMax. See our list of Prohibited & Restricted Items/Listings, which is incorporated by reference, and made part of, this User Agreement.
| ||c. Buying or Exchanging on KidMax|
You agree to abide by all the local and otherwise applicable laws and regulations in buying or exchanging items for sale on KidMax. KidMax is not responsible to make sure that an item that you are buying or exchanging is legal to own in any jurisdiction. You agree to take complete responsibility for buying or exchanging the item and agree to not involve KidMax in any legal issues that may arise related to the item. Before you buy or exchange an item, you agree to review the item(s) for sale or exchange thoroughly by reviewing it's description and terms & conditions of the seller of the item. A member's rating on KidMax are calculated using feedback received by him/her from trading partners for transactions completed over lifetime of membership. These ratings are provided only as guidance for the members and you agree not hold these ratings as legal document(s) in any court of law. Before you buy or exchange an item for sale or exchange on KidMax, you must make sure that is allowed to be listed on KidMax. See our list of Prohibited & Restricted Items/Listings, which is incorporated by reference, and made part of, this User Agreement.
| ||d. Listing or Advertising Service/Business on KidMax|
You agree to abide by all the local and otherwise applicable laws and regulations in listing or advertising your service/business on KidMax. KidMax is not responsible to make sure that service/business that you are listing is legal to advertise in any jurisdiction. You agree to take complete responsibility for listing the service/business and agree to not involve KidMax in any legal issues that may arise related to your service/business. You also agree to represent the service/business truthfully by providing it's accurate and precise details and description in the listing(s). Before you list a service/business on KidMax, you must make sure that is allowed to be listed on KidMax. See our list of Prohibited & Restricted Items/Listings, which is incorporated by reference, and made part of, this User Agreement.
| ||e. Cancellation / Removal of a listing|
KidMax reserves the complete right to, but has no duty to, remove any listing in it's sole discretion. If KidMax believes that your listing violates any laws and regulations or violates rights of others or violates rules and guidelines of KidMax or is not in good spirit of the KidMax community, your listing will be removed immediately and your account could be suspended indefinitely or terminated.
| ||f. Disputes|
KidMax is not involved in the actual transaction between buyers and sellers. KidMax does not screen or control users who may buy, sell or exchange goods & services on this Website, nor does KidMax review or authenticate all listings or items offered for sale. Because KidMax is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more members, you release KidMax and it's affiliates (and their respective officers, directors, employees, agents, licensors, suppliers) from claims, demands and damages (direct and indirect) 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.
| ||g. Collection of Taxes|
KidMax is acting only as a marketplace and is not responsible for the collection and remittance of any federal, state or local taxes. Buyers and sellers are responsible for all tax related issues that may arise.
| ||h. California Civil Code Section 1542|
If you are a California resident, you waive California Civil Code Section 1542, which states: "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."
|7. Privacy & Security Policy|
|KidMax manages your personal information in accordance with our Privacy & Security Policy, which is available by clicking here. Our Privacy & Security Policy is incorporated by reference, and made part of, this User Agreement.|
|KidMax may immediately issue a warning, suspend or terminate your account and/or access to the Website for breach of this User Agreement (or any other agreement or policy incorporated by reference herein), or for any other reason at our sole discretion.|
|9. System Outages|
|KidMax periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. KidMax shall have no liability whatsoever for the resulting unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery or non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website.|
|10. Trademarks, Service Marks, Copyrights and Use of Third Party Materials|
|KidMax own all registered and unregistered trademarks, service marks and copyrighted material posted on our Website. No trademarks, service marks and/or copyrighted material posted on the Website may be used without the prior written consent of their owner. The trademarks KidMax and KidMax.com are owned by KidMax.|
|11. Governing Laws|
|This Website is controlled and operated by KidMax from our offices within the United States. We make no representation that content or materials in the Website are appropriate or available for use in other jurisdictions. You agree not to access our Website content or materials from jurisdictions where such access is illegal or prohibited. If you choose to access this Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this Website in violation of U.S. export laws and regulations. Any claims relating to our Website and it's content and materials shall be governed by the laws of the State of California without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this User Agreement or the parties' obligations shall be brought exclusively in a federal or state court in California.|
|12. Amendments and Modifications|
|In it's sole discretion, KidMax may amend or modify this User Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Website without any notice to you. Any amended or modified terms will be effective upon posting. We will notify members via e-mail if and when any substantial changes are made to this User Agreement. Continued use of the Website constitutes acceptance of any modified terms and conditions. You can review the most current version of this User Agreement at any time at: http://kidmax.com/help/legal/usragmt.aspx.|
|You agree to indemnify, defend and hold harmless KidMax and it's affiliates, and their officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement by you.|
|Our failure to insist upon or enforce strict performance of any provision of this User Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this User Agreement. We may assign our rights and duties under this User Agreement to any party at any time without notice to you.|
|The waiver by either party of a breach or right under this User Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this User Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provisions shall be severed from the remainder of this User Agreement, which will otherwise remain in full force and effect.|
If you have any questions or comments about this User Agreement or your dealings with this Website, review our Help to find your answers. If you still have a concern, feel free to contact our Customer Service Team: Members (requires login) | Non-Members.
If you do not agree, we respectfully ask that you do not use our Website.
KidMax Legal Team
Last updated: November 11th, 2011
|KidMax Privacy & Security Policy|
|Prohibited & Restricted Items/Listings on KidMax