
Participation
Agreement
Welcome to the www.Adppc.com site (the "Site") and our auction
and selling services (the "Services").and its authorized agents
(the "Agent"). Any person who wants to access the Site and use
the Services to sell items must accept the terms and conditions of this
Participation Agreement without change. BY
REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS
AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND ALL POLICIES AND GUIDELINES
OF THE SITE ARE INCORPORATED BY REFERENCE.
www.Adppc.com!
services ("Adppc.com ") reserves the right to change any of
the terms and conditions contained in this Participation Agreement or
any policies or guidelines governing the Site or Services, at any time
and in its sole discretion. Any changes will be effective upon posting
of the revisions on the Site. All notice of changes to this Participation
Agreement will be posted on the Site for thirty (30) days. You are responsible
for reviewing the notice and any applicable changes. Changes to referenced
policies and guidelines may be posted without notice to you. YOUR CONTINUED
USE OF THIS SITE AND THE SERVICES FOLLOWING Adppc.com' POSTING OF ANY
CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO
NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1) Eligibility.
Use of the Site and Services is limited to parties that lawfully can enter
into and form contracts under applicable law or its authorized agents
(The "agent"). For example, minors are not allowed to use the
Services. To register, you must provide your real name, address, phone
number, e-mail address, and valid credit card information.
2) Sellers'
Listing Fees and Payment Terms. Please review the Fee Schedule and Payment
Terms contained in the Help section for Marketplace, Auctions, and zShops
listing fees. All listing fees are in U.S. dollars unless stated otherwise
and are incorporated herein by reference. The Fee Schedule and Payment
Terms may vary in the future. The Fee Schedule and Payment Terms in effect
on the date of listing the item shall govern the transaction. You should
check the fees and terms each time you participate. All fees, including
but not limited to subscription plan fees, are payable upon demand on
a Visa, MasterCard, American Express, Discover, JCB, or Diners Club credit
card. By listing an item for sale on the Site, you authorize www.Adppc.com
to charge your credit card for amounts due.
3) Applicable
Policies and Guidelines. You agree to abide by the procedures and guidelines--contained
in the Help section--for conducting fixed price sales and auctions, which
are incorporated by reference into, and made part of, this Participation
Agreement. The procedures and guidelines contained in the Help section
explain the processes and set out acceptable conduct and prohibited practices.
We may change these procedures and guidelines in the future, and such
changes will be effective immediately upon posting without notice to you.
You should refer regularly to the Help section to understand the current
procedures and guidelines for participating and to be sure that the items
you offer for sale can be auctioned or sold on the Site.
4) Adppc
Role. Adppc.com provides a platform for third-party sellers ("Sellers")
and buyers ("Buyers") to negotiate and complete transactions.
Adppc.com is not involved in the actual transaction between Sellers and
Buyers and is not the agent of and has no authority for either for any
purpose. As a Seller, you may list any item on the Site unless it is a
prohibited item as defined in the procedures and guidelines contained
in the Help section, or otherwise prohibited by law. Without limitation,
you may not list any item or link or post any related material that (a)
infringes any third-party intellectual property rights (including copyright,
trademark, patent, and trade secrets) or other proprietary rights (including
rights of publicity or privacy); (b) constitutes libel or slander or is
otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent.
It is up to the Seller to accurately describe the item for sale or auction.
As a Seller, you use the Site and the Services at your own risk.
5) The Adppc.com
Payment Service. IN ORDER TO SELL ITEMS IN MARKETPLACE, AUCTIONS AND/OR
ZSHOPS, YOU MUST REGISTER WITH Adppc.com AND USE THE Adppc.com PAYMENT
SERVICE (the "Payment Service").
a) . The
Payment Service facilitates the purchase of Seller items listed on the
Site. A Buyer's authorized credit card payment ("Payment Transaction")
is credited to a registered Seller's Account Summary, and funds are periodically
transferred to the Seller's designated checking account ("Seller's
Account"). The Buyer may authorize a Payment Transaction with any
major credit card accepted by www.Adppc.com The Payment Service helps
facilitate Auctions, zShops, and Marketplace transactions and is not the
purchaser of the Seller's goods. Seller will resolve any dispute directly
with Buyer or with the assistance of the Adppc.com A-to-z Guarantee and
not through the Payment Service.
Seller must
register online with Adppc.com to use the Payment Service. You must provide
us true and accurate information when registering and must maintain and
update that information as applicable. Seller will not impersonate any
person or use a name he or she is not legally authorized to use. Seller
authorizes us to verify his or her information (including any updated
information), to obtain credit reports about Seller from time to time
while Seller is registered with the Payment Service (including credit
reports about Seller's spouse if Seller lives in a community property
state), and to obtain an initial credit authorization from Seller's credit
card issuer at time of registration.
b) The Payment
Service is available only to individuals and others who meet the terms
of eligibility for the Adppc.com online selling community, who have been
issued a credit card by a United States bank, and whose applications are
acceptable to Adppc.com. Payment Transactions can be credited only to
bank checking accounts in the United States or other countries. Sellers
waive any rights with respect to the Service when shipping to an address
other than that provided by the Service.
c) The Payment
Service is generally available seven (7) days per week, twenty-four (24)
hours per day, except for scheduled downtime due to system maintenance.
We can initiate Payment Transaction credits to Seller's Account only on
a Business Day when the automated clearinghouses are open for business.
For purposes of this Participation Agreement, a Business Day is a Monday
through Friday, excluding banking holidays. We will send a receipt to
Seller via e-mail for each completed transaction. In addition, Seller
can access his or her Payment Service transaction information online on
the Manage Your Adppc.com Payments Account page of the Seller Account
section of Auctions, zShops, and Marketplace when logging on with Seller's
password. Seller may access the Seller's Transactions feature only with
a browser that is compatible with the Payment Service, including any security
features that are a part of the Payment Service.
d) If in
an Auctions or zShops transaction the Buyer has overpaid for a purchase,
Seller may use the "Refund Buyer" link on the Transaction Details
page to refund the Buyer through the Payment Service for the amount of
the overpayment or to send a refund otherwise owed to Buyer related to
the purchase. Similarly, in an Auctions or zShops transaction, if the
Buyer has underpaid for a purchase, Seller can use the "Create invoice"
link on the Transaction Details page to request that the Buyer pay the
amount still owed through the Payment Service. For Marketplace sales,
Seller may use the "Refund Buyer" link on the Transaction Details
page to refund the Buyer through the Payment Service for the entire purchase
amount. Sellers may not create invoices for Marketplace sales.
e) All balances
for a given 14-day period will be reflected in the Seller's Account Summary
located on the Manage Your Adppc.com Payments Account page of the Seller
Account section of Auctions, zShops, and Marketplace when logging on with
Seller's password. We will initiate a credit to Seller's Account on a
rolling 14-day cycle ("Payment Date") based on the original
date of Seller's registration with the Payment Service or on the next
Business Day if the scheduled Payment Date falls on a non-Business Day.
If Seller requests a change to the scheduled Payment Date, the 14-day
cycle will be reset to the requested Payment Date. When Seller completes
registration by providing bank account information, Seller must wait 14
days to request a transfer to Seller's bank within the 14-day cycle. After
14 days, Seller may request transfers to Seller's Account at any time
within the 14-day cycle by clicking the "Transfer funds to bank account
now" link on the Seller's Account Summary page.We will initiate a
transfer to Seller's Account on each Payment Date for the total amount
of Payment Transactions received from Buyer's authorized credit card transactions
for Seller, less any refunds, or for funds otherwise received for Seller
since the last Payment Date. The amount of the fees for Payment Transactions
will be posted to Seller's Account Summary and will be deducted from the
balance of credits in the Seller's Account Summary to be remitted to Seller
on the next Payment Date.
f) Transfers
to the Seller's Account will generally be credited within five Business
Days of the date we initiate the transfer. On occasion, we may send Seller
a paper check instead of an electronic credit to Seller's bank account.
We will do so, for instance, if Seller's bank will not accept an electronic
credit to Seller's account.
g) Seller
must provide a full refund directly to any Buyer who remits payment, either
directly or through Adppc.com, if the item cannot be shipped at the close
of the sale. Seller must provide the refund promptly, but in no case later
than thirty (30) days following the close of the sale. Seller can use
the Refund link on the Payment Transaction receipt to send a refund to
Buyer through the Payment Service.
h) As a security
measure, we may, but are not required to, impose transaction limits on
some or all Buyers and Sellers relating to the value of any transaction
or disbursement, the cumulative value of all transactions or disbursements
during a period of time, or the number of transactions per day or other
period of time. We will not be liable to Seller: (i) if we do not proceed
with a transaction or disbursement that would exceed any limit established
by us for a security reason, or (ii) if we permit a Buyer to withdraw
from a transaction because the Payment Service is unavailable following
the commencement of a transaction.
i) If we
reasonably conclude based on information available to us that Seller's
actions and/or performance in connection with the Services may result
in a significant number of Buyer disputes, chargebacks or other claims,
we reserve the right to delay initiating the transfer of Payment Transaction
credits to a Seller's bank account (or sending paper checks) for the shorter
of either 30 days following the initial date of suspension or completion
of an investigation regarding Buyer disputes, chargebacks or other claims.
j) We reserve
the right to delay initiating the transfer of Payment Transaction credits
to a Seller's bank account (or sending paper checks) pending an investigation
if we, in our sole discretion, believe Buyer or Seller may have violated
the Participation Agreement. Notwithstanding any other provision of this
Participation Agreement, if we determine, in our sole discretion, that
Seller has violated this Participation Agreement, we may refuse to deliver
a Payment Transaction credit to Seller and may instead maintain the amount
of such credit in a trust account or may return the amount of the credit
to Buyer. We will not be liable to Seller if we act in accordance with
the provisions of this Section.
k) All notices
will be sent by e-mail or will be posted on the www.Adppc.com Web site.
We will send notices to Seller at the e-mail address maintained in Adppc.com
records for Seller. Seller will monitor his or her e-mail messages frequently
to ensure awareness of any notices sent by us. Seller will send notices
to us at the following address: Adppc.com Services, 1-63, Prabhat nagar,
Chaitanyapuri, Hyderabad-500060, Andhra Pradesh- India , E-mail notices
are deemed written notices for all purposes for which written notices
may be required. E-mail notices are deemed received the Business Day after
transmission if properly addressed to the intended recipient. If not sent
by e-mail, notice may be provided in writing and mailed , postage paid,
First Class mail properly addressed or personally delivered by express
courier such as Federal Express. First Class mail is properly addressed
if sent by us to the address maintained in our records for Seller. First
Class mail is properly addressed if sent by Seller to the current address
published by us on our Web site. First Class mail is deemed received three
Business Days after it is deposited in the Mail. A notice sent by express
courier is deemed received when personally delivered to the intended recipient
or to a person with apparent authority to receive such delivery on behalf
of the intended recipient.
l) There
is no fee for registering for the Payment Service. The fees for using
the Payment Service in Marketplace listings are included in the Marketplace
listing fees (which means there are no additional fees for use of the
Payment Service). Fees for using the Payment Service in Auctions or zShops
listings are posted in our Help pages and incorporated herein by this
reference. We may, in our sole discretion, waive, reduce, or reverse charges
or fees for a specific transaction.
m) We may
refuse service to anyone for any reason. We may earn interest or other
compensation from the balances in our bank accounts that result from the
timing difference between our being paid by Buyer and our bank account
being debited to pay Payment Transaction credits to Seller. We reserve
the right to seek reimbursement from Seller if we, in our sole discretion,
decide to reimburse Buyer under the terms of the Adppc.com A-to-Z Guarantee,
provide a refund to Buyer if Seller cannot promptly deliver the goods,
discover erroneous or duplicate transactions, or receive a chargeback
from Buyer's credit card issuer for the amount of Buyer's purchase from
Seller. We may obtain such reimbursement by deducting from future payments
owed to Seller, reversing any credits to Seller's bank account, charging
Seller's credit card, or seeking such reimbursement from Seller by any
other lawful means.
n) Seller
may terminate his or her participation in the Payment Service at any time
by giving notice to us, and we may terminate Seller's participation in
the Payment Service at any time by giving notice to Seller. Upon termination,
Seller must pay us whatever fees were incurred prior to the effective
date of the termination. Also upon termination, any pending transactions
will be canceled.
6) Adppc.com
Reservation of Rights. Adppc.com retains the right to immediately halt
any auction or fixed price sale, prevent or restrict access to the Site
or the Services, or take any other action to restrict access to or availability
of objectionable material, any inaccurate listing, any inappropriately
categorized items, any unlawful items, or any items otherwise prohibited
by the procedures and guidelines contained in the Help section.
7) Adppc.com
Participation. Adppc.com and its authorized agents or affiliates itself
may participate in auctions from time to time. When Adppc.com or its authorized
agents offers goods for auction, it is no different than any other Seller
engaged in an auction and will abide by the same procedures and guidelines
contained in the Help section. In addition, employees of Adppc.com and
its affiliates are permitted to participate in their personal capacity
(i.e., not as Adppc.com employees, representatives, or agents of Adppc.com
or its affiliates) in the transactions conducted through this Site (unless
they have confidential information about a particular item). Employees
of Adppc.com and its affiliates, when participating in any transaction
in their personal capacity, are subject to this Participation Agreement
and the same procedures and guidelines contained in the Help section as
any Buyer or Seller on this Site.
8) Your Transactions
a. For sales where a Seller lists goods at a fixed price ("fixed
price sales"), the Seller is obligated to sell the goods at the listed
price to Buyers who meet the Seller's terms. By listing an item in a fixed
price sale or by auction, you represent and warrant to prospective Buyers
that you have the right and ability to sell, and that the listing is accurate,
current, and complete and is not misleading or otherwise deceptive. b.
For auctions, unless a Seller specifies a "reserve price," all
auction items are "without reserve," i.e., the Seller must sell
the auctioned item to the highest bidder that meets or exceeds the minimum
price. If a Seller sets an undisclosed "reserve price," the
Seller is not obligated to sell unless the reserve price is met or exceeded.
Once the auction closes, the Seller is obligated to complete the transaction.
c. For fixed price sales, Seller will determine the purchase price for
each item he or she lists on the Site via and subject to Adppc.com's standard
functionality for listing the purchase price; provided, that Seller must
abide by the same procedures and guidelines contained in the Help section
with respect to pricing.
9) Your Obligation.
By entering into this Participation Agreement and posting a listing for
auction or fixed price sale, you agree to complete the transaction as
described by this Participation Agreement. You acknowledge that by not
fulfilling these obligations, your action or inaction may be legally actionable.
10) Sales,Use,
or Similar Taxes. You agree that it is the Seller's and the Buyer's responsibility
to determine whether sales, use, or similar taxes apply to the transactions
and to collect, report, and remit the correct tax to the appropriate tax
authority. You also agree that Adppc.com is not obligated to determine
whether sales, use, or similar taxes apply and is not responsible to collect,
report, or remit any sales, use, or similar taxes arising from any transaction.
11) Refund
Obligation. Sellers must provide a full refund directly to any Buyer who
remits payment, whether the Buyer paid directly or through Adppc.com,
if the item cannot be shipped at the close of the sale. Seller must provide
the refund promptly, but in no case later than thirty (30) days following
the close of the sale. Any Buyer who believes he/she may be entitled to
a refund on this basis can contact the Seller directly.
12) Password
Security. Your password may be used only to access the Site, use the Services,
electronically sign your transactions, and review your completed transactions
as registered . You are solely responsible for maintaining the security
of your password. You may not disclose your password to any third party
(other than third parties authorized by you to use your account) and are
solely responsible for any use of or action taken under your password
on this Site. If your password is compromised, you must change your password.
13) Illegal
Activity: a. Compliance with Laws; Fraud. The Site and Services may be
used only for lawful purposes and in a lawful manner. You agree to comply
with all applicable laws, statutes, procedures, policies and regulations.
You may not register under a false name or use an invalid or unauthorized
credit card. You may not impersonate any participant or use another participant's
password(s). Such fraudulent conduct is a violation of International,
Federal, Transnational and state laws. Fraudulent conduct may be reported
to law enforcement, and Adppc.com will cooperate to ensure that violators
are prosecuted to the fullest extent of the law. b. Investigation. Adppc.com
has the right, but not the obligation, to monitor any activity and content
associated with this Site. Adppc.com may investigate any reported violation
of its policies or complaints and take any action that it deems appropriate.
Such action may include, but is not limited to, issuing warnings, suspension
or termination of service, denying access, and/or removal of any materials
on the Site, including listings and bids. Adppc.com reserves the right
and has absolute discretion to remove, screen, or edit any content that
violates these provisions or is otherwise objectionable. c. Disclosure
of Information. Adppc.com also reserves the right to report any activity
that it suspects violates any law or regulation to appropriate law enforcement
officials, regulators, or other third parties. In order to cooperate with
governmental requests, to protect Adppc.com systems and customers, or
to ensure the integrity and operation of Adppc.com business and systems,
Adppc.com may access and disclose any information it considers necessary
or appropriate, including but not limited to user contact details, IP
addressing and traffic information, usage history, and posted content.
14) Privacy.
Read the Adppc.com Privacy Notice. The Privacy Notice may be changed by
us in the future. You should check the Privacy Notice frequently for changes.
Unless otherwise authorized or consented, you agree not to use any information
regarding other participants which is accessible from the Site or disclosed
to you by Adppc.com or its affiliates, except to enter into and complete
transactions. You agree not to use any such information for purposes of
solicitation, advertising, unsolicited e-mail or spamming, harassment,
invasion of privacy, or otherwise objectionable conduct. Adppc.com and
its affiliates may communicate with you in connection with your listings,
sales, and the Services, electronically and in other media, and you consent
to such communications regardless of any "Customer Communication
Preferences" (or similar preferences or requests) you may have indicated
on the Site or by any other means. Please note that when you sign up to
sell items on the Site, some personally identifiable information about
you, including your feedback and the e-mail address associated with your
account, may be displayed on the Site and may be viewed by potential buyers.
15) No Warranties.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
Adppc.com MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a) THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT;
b) THAT THE
SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c) THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED
BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF AUCTION OR FIXED PRICE SALE,
LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
d) ANY IMPLIED
WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
e) ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM
THE NEGLIGENCE OF Adppc.com. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, Adppc.com DISCLAIMS ANY AND ALL SUCH WARRANTIES.
16) General
Release. BECAUSE Adppc.com IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS
AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN
ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE Adppc.com (AND ITS AGENTS
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.
17) Indemnity/Limitation
of Liability. a.Indemnity and Defense. You will defend, indemnify and
hold harmless Adppc.com and its affiliates (and their respective employees,
directors, agents and representatives) from and against any and all claims,
costs, losses, damages, judgments, penalties, interest and expenses (including
reasonable attorneys' fees) arising out of any Claim that arises out of
or relates to:
(i) any actual
or alleged breach of your representations, warranties, or obligations
set forth in this Participation Agreement; or
(ii) your
own website or other sales channels, the products you sell, any content
you provide, the advertisement, offer, sale or return of any products
you sell, any actual or alleged infringement of any intellectual property
or proprietary rights by any products you sell or content you provide,
or Seller Taxes or the collection, payment or failure to collect or pay
Seller Taxes. For purposes hereof: "Claim" means any claim,
action, audit, investigation, inquiry or other proceeding instituted by
a person or entity; and "Seller Taxes" means any and all sales,
use, excise, import, export, value added and other taxes and duties assessed,
incurred or required to be collected or paid for any reason in connection
with any advertisement, offer or sale of products by you on or through
the Adppc.com Site, or otherwise in connection with any action, inaction
or omission of you or any of affiliate of yours, or any of your or their
respective employees, agents, contractors or representatives.
b) Limitation
of Liability. Adppc.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION
AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES,
OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
18) Applicable
Law. The Site and the Services are arranged, maintained, sponsored, or
managed by Adppc.com or EVOLGENCE IT SOLUTIONS. The laws of the state
of Washington govern this Participation Agreement and all of its terms
and conditions, without giving effect to any principles of conflicts of
laws. You agree that any action at law or in equity arising out of or
relating to these terms and conditions shall be submitted to confidential
arbitration in STATE OF DELEWARE, USA except that, to the extent you have
in any manner violated or threatened to violate Adppc.com intellectual
property rights, Adppc.com may seek injunctive or other appropriate relief
in any state, national, international or federal court as applicable and
you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this Agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall
be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Participation Agreement shall be joined to an arbitration involving
any other party subject to this Participation Agreement, whether through
class arbitration proceedings or otherwise.
19) Disputes.
Because Adppc.com is not involved in the actual transaction between Sellers
and Buyers and is not the agent of either for any purpose, Adppc.com will
not be involved in resolving any disputes between participants related
to or arising out of any transaction. Adppc.com urges Sellers and Buyers
to cooperate with each other to resolve such disputes.
20) Your
Grant. By entering into this Participation Agreement and listing an item,
you grant Adppc.com and its authorized agents or affiliates a nonexclusive,
worldwide, royalty-free, irrevocable right to exercise all copyright,
trademark rights, and rights of publicity over the content you submit
to Adppc.com and its affiliates in any existing or future media, known
or unknown, now or at any later date. You represent and warrant that you
own or otherwise control all of the rights to the content you submit to
Adppc.com and its authorized agents or affiliates, and that the use of
such materials by Adppc.com and its affiliates will not infringe upon
or violate the rights of any third party.
21) Termination.
Adppc.com, in its sole discretion, may terminate this Participation Agreement,
access to the Site or the Services, or any current auctions or fixed price
sales immediately without notice for any reason.
22) General
Provisions
a) Entire
Agreement. This Participation Agreement and the general terms and conditions
of the Site, including but not limited to the Privacy Notice and Conditions
of Use, constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede and cancel all prior and contemporaneous
agreements, claims, representations, and understandings of the parties
in connection with the subject matter hereof.
b) No Agency;
Third-Party Beneficiary. Adppc.com is not the agent, fiduciary, trustee,
or other representative of you. Nothing expressed or mentioned in or implied
from this Participation Agreement is intended or shall be constructed
to give to any person other than the parties hereto any legal or equitable
right, remedy, or claim under or in respect to this Participation Agreement.
This Participation Agreement and all of the representations, warranties,
covenants, conditions, and provisions hereof are intended to be and are
for the sole and exclusive benefit of Adppc.com, you, and relying Buyers
or Sellers.
c) Severability.
If any provision of this Participation Agreement shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the validity
and enforceability of any remaining provisions.
d) No Waiver.
We will not be considered to have waived any of our rights or remedies
described in this Participation Agreement unless the waiver is in writing
and signed by us. No delay or omission by us in exercising our rights
or remedies will impair or be construed as a waiver. Any single or partial
exercise of a right or remedy will not preclude further exercise of any
other right or remedy. Adppc.com failure to enforce the strict performance
of any provision of this Participation Agreement will not constitute a
waiver of Adppc.com right to subsequently enforce such provision or any
other provisions of this Participation Agreement.
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