By agreeing to our terms & conditions, you'll be helping to keep This N That Mall a safe and friendly place to browse, bid, buy and sell.
By registering on our site, you accept and agree to abide by the Policies and Terms as listed below.
The terms & conditions may be amended at any time and become effective immediatly.
PRIVACY
1. This N That Mall does not offer User access to any User-provided information considered by us as being confidential user information. This information includes: telephone numbers, credit card or bank account data and any other user-provided information we may include at our sole discretion.
2. All Users are urged to read our complete This N that Mall Privacy Policy
USER ELIGIBLITY
1. Our services are available for use only by individuals able to form legally binding contracts under applicable law. Without limiting the foregoing, minors are not eligible to register for use of our system or its services. If you are not eligible, please do not use This N That Mall.
b. User Accounts Non-Transferable– User accounts created during registration are non-transferable. The user account may be used only by the user alone and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of This N That Mall, shall result in the disqualification of the user and the reporting of a crime. WARNING:, the user shall be liable for any and all activities that are undertaken using their user account together with the associated password.
c. This n That Mall, may at any time, exercise sole discretion to suspend or permanently exclude any user(s) from it’s services. This N That Mall will decide upon such exclusion if and insofar as, in the reasonable opinion of This N That Mall, a user has breached a Terms of Use provision, violated any laws or infringed upon the rights of third parties, or This N That Mall believes such action is justified for the protection of other Users or to prevent manipulation, including but not limited to event such as nonpayment of bids, use of unauthorized bidding software, or if several user accounts are set up by the same User.
d. Verification of User Identity – For the protection of all participants, This N That Mall retains the right to verify the identity of each individual user. If This N That Mall is unable to verify or authenticate user identity using reasonable efforts, then This N That Mall may ask users to provide photo ID, proof of address and other documentation as This N That Mall requires. If for any reason proof is not provided,This N That Mallin its discretion may suspend or permanently remove such unverified user accounts and withdraw any auctions won by such users. The auction will then be won by the second last bidder.
DESIGNATED USE
1. Our site is for use by our Registered Users to offer items or services for sale to other Registered Users in a classified, auction or storefront format. This N That Mall is only a service and does not participate in resulting transactions between users. You may not use any device, software, or procedure to interfere or attempt to interfere with any auction or internal management system, affecting the normal operation of the This N That Mall site.
OUR USER FEES
1. Our current fees are available within our "Membership Options/Fees" and "Enhancement Fees" and are incorporated herein by reference. Unless otherwise disclosed, all fees are quoted in U.S. Dollars.
AS A USER OF OUR SERVICE
1. You are responsible for paying all applicable taxes and costs for your equipment, hardware, software, service or any other expense incurred in order to initiate and maintain your use of our service.
At our sole discretion, we may add to, alter or discontinue a portion or all of our services at any time, without previous notice. In addition, you accept and acknowledge that This N That Mall prohibits conduct and content that is illegal, offensive, indecent or objectionable. You also understand and agree that This N That Mall may or may not pre-screen content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move, any content submitted to This N That Mall.
2. Registering on This N That Mall , as a Buyer, Verified Buyer, or for one of our many Seller Membership Options, constitutes acceptance of This N That Mall's Auction Policies.
USER REPSPONSIBLITIES AND CAUTIONS
1. This N That Mall will not be responsible for, and has no control concerning the availability, quality, safety or legality of the items or services listed or advertised on our site. We cannot warrant the truth or accuracy of listings, images, the ability of users to bid, buy or sell, or the ability of users to complete any transactions initiated by using our site.
2. Users are cautioned of the potential risks in dealing with underage persons, foreign nationals, or those with fraudulent intentions.
3. Because This N That Mall cannot and will not be involved in User-to-User dealings, in the event of any dispute with one or more users, you release This N That Mall , our agents and employees from claims, demands and damages (actual and consequential) of every form and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected with such disputes.
4. This N That Mall is not responsible for any user-submitted content or information appearing on our site. The text, images, graphics or any other information (including User Feedback) posted by other Users, may be offensive, inaccurate, harmful, deceptive, and socially or religiously adverse. We simply ask you to use caution and common sense as a User of our site.
BIDDING AND BUYING
1. If you bid on an item and your bid is accepted by the Seller, you may be obligated to complete that transaction. If you choose to bid on any item(s), you are certifying that you have the legal right to purchase and receive the item(s).
LISTING AND SELLING
1. Listings are text descriptions, pictures and graphic images on the This N That Mall website, you can supply either (a) the text in which describes the item(s) you are listing for auction or (b) links to the text, picture(s) and graphics describing the item(s) you are listing for auction. You may post on the This N That Mall site either or both of these listing types, only in their appropriate category, as This N That Mall may require.
2. If you receive one or more bids at or above your established item sale price, then you may be obligated to complete the transaction. You may not contact bidders in a current auction being conducted by another seller, to interfere with or compete against that Seller. All User-supplied text, graphics and images posted on our site become the property of This N That Mall . We do not guarantee the preservation of any listing or records of, including without limiting those of specific transactions.
3. In order to facilitate the completion of a sale This N That Mall will initiate an End of Auction Item Sold email to Sellers that includes the Buyers listed address, telephone #, and email.
4. You are responsible to pay all fees asstociated with end of auction sales.
YOUR INPUT INFORMATION
1. Information that is provided by you, to This N That Mall or our Users, during the course of any communication related to using our site is defined herein as "Your Input Information". With respect to Your Input Information:
2. You are solely responsible for Your Input Information, as This N That Mall acts as an avenue for your online publication and distribution of Your Input Information. Under any conditions, we reserve our right to take any actions with respect to such information we deem necessary or appropriate in our sole discretion, to protect against any possible loss or liability imposed on This N That Mall , our Users, our service providers, including any and/or all of our suppliers.
3. Your Input Information and the sale of your item(s) or service(s) at This N That Mall :
1. Shall not infringe on any third party's copyright, trademark, patent, trade secrets, proprietary rights, rights of publicity or privacy;
2. Shall not violate any law, statue, ordinance, or regulation (including without limiting those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
3. Shall not be defamatory, trade libelous, unlawfully threatening or harassing;
4. Shall not be obscene or contain pornography, or if regulated by law as some items or services may be, shall be posted in the appropriate category and shall be distributed to only the individuals that are legally permitted to receive such merchandise;
5. Shall not contain any computer related viruses, time bombs, worms, trojan horses, cancelbots or other programming procedures that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
6. Shall not feature any content or access to, that you do not have the right to link to or include;
7. Shall not, by any of your actions, cause This N That Mall to violate any applicable laws, statutes, ordinances or regulations.
4. As a User of This N That Mall , you grant us the right to use appropriate portions of Your Given Information for promotional or other purposes not violating rights you may have in that information, in accordance with the This N That Mall Privacy Policy.
MANIPULATION OF BIDS
1. Sellers shall not place bids within their own auctions.
USER FEEDBACK
1. All Users are encouraged to post feedback concerning completed auctions with other Users. Feedback may only be posted by the User(s) involved in a completed auction. One feedback entry is allowed per user, per completed auction.
2. The feedback venue is to be used ONLY to describe quality of service, products, or speed of payment regarding the specific transaction that was consummated between the buyer and seller. This N That Mall reserves the right to delete, suspend, and/or block any user or feedback for any reason deemed inappropriate or damaging to This N That Mall
NO WARRANTY
1. WE AND OUR SUPPLIERS PROVIDE THE This N That Mall WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND 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, which vary, from state to state.
LIMIT OF LIABLITY
1. IN NO EVENT SHALL This N That Mall OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH OUR POLICIES AND USER AGREEMENT.
2. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS; TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, or (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
COMPLIANCE WITH LAWS
1. Federal and State Licensing Requirements
2. All Federal & State licensing requirements are the sole responsibility of the individual users/sellers of This N That Mall.
3. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
NO AGENCY
1. You and This N That Mall are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by Our Policies and User Agreement.
BREECH
1. We may terminate your User eligibility and any of your current auctions immediately if you breach these policies or if we are unable to verify or authenticate any information you provide to us.
GENERAL
1. Our Policies and User Agreement shall be governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona, between Arizona residents. Both parties submit to jurisdiction in Arizona and further agree that any cause of action arising under this agreement shall be brought exclusively in a court in Phoenix, Arizona. 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. 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.
OUR POLICIES AND USER REGISTRATION AGREEMENT
1. By completing and submitting the User Registration form, you are verifying your agreement and compliance with all of the policies, terms and conditions as contained herein.
For Questions on any of our policies, please contact: suppprt@thisnthatmall.com