THE FOLLOWING DESCRIBES THE TERMS ON WHICH ROYALIMARKETING OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user Agreement (the "Agreement" or "User Agreement") for Royal Consumer Information Products, Inc.’s auction website, Royalimarketing.com (“Royalimarketing”). The party you are contracting with is Royal Consumer Information Products, Inc. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.royalimarketing.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. By registering and using the Site, you agree to be bound by all terms and conditions of this Agreement and all policies and guidelines incorporated by reference.
If you have any questions, please email us.
We may amend this Agreement and our policies and guidelines at any time in our sole discretion by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective two (2) days after they are initially posted on the Site. You are responsible for reviewing the notices of revisions posted on the Site. Changes to referenced policies and guidelines may be posted without notice to you. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on June 1, 2005 for all users. Your continued use of the Site following Royalimarketing’s posting of any changes constitutes your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement do not continue to use the Site.
1. Membership Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Royalimarketing members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Royalimarketing account, user name and/or password may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. You must register with us by providing us with your real name, address, phone number, birth date and email address, as well as any other identification information required by our policies or that we may request from time to time. As part of the registration process, you will choose your own password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your user name and password. We may terminate or suspend any auction or information listing, and we may terminate or suspend any registration, at any time, for any reason or for no reason at all, and without any notice to you or any other person. Some of the reasons that we might terminate or suspend a listing or a registration are described in this Agreement and in our policies, but those reasons are not exclusive.
2. Fees and Services. Joining and bidding on items at Royalimarketing is free. We may in 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 the Site and all applicable taxes.
3. Bidding and Buying. As a buyer, you are obligated to complete the transaction with us if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by us, unless the transaction is prohibited by law or by this Agreement. Royalimarketing specifically reserves onto itself the right to set a minimum bid amount for each auction and the right to reject all bids. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and Royalimarketing agree otherwise, you will become the item's lawful owner upon physical receipt of the item from us. Bids are not retractable except without the express written permission of Royalimarketing. Unless otherwise indicated in the sale conditions of the specific item, payment must be made by you to Royalimarketing as set forth in the sales condition by certified funds, wire transfer or a letter of credit, acceptable to us, prior to the delivery of any goods upon which you have bid.
4. Your Information.
4.1 Definition. “Your Information” is defined as any information you provide to us in the registration or bidding process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
4.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) 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; or (h) create liability for us or cause us to lose (in whole or in part) the services of our internet service provider(s) or other suppliers.
5. Access and Interference. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Royalimarketing by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Royalimarketing and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
6. Reservation of rights. We retain the right, but without any obligation, to terminate or suspend any listing, terminate or suspend any registration, terminate or suspend any auction or sale, prevent or restrict access to the Site, or take any other action we consider appropriate in the case of technical problems, material we consider, in our sole and absolute discretion, to be objectionable for any reason whatsoever or for no reason, at any time, in each case in our sole and absolute discretion, for any reason or for no reason at all, and without any notice to you or any person. We also retain the right to change or discontinue any or all features of the Site, at any time and without notice to you or any person. We also retain the right to set a minimum bid for each auction and to reject all bids submitted for any specific auction.
7. Restrictions on conduct. In addition to the other restrictions on conduct set forth in this Agreement and the other documents incorporated into this Agreement, you agree to use the Site only for its intended purpose, and not to attempt to use it for advertising products or services (other than the specific item(s) you list) or commercial solicitation purposes. You agree not to use the Site to attempt to conduct purchases outside of the Site, and you agree not to take any action to disrupt or interfere with any auction conducted on the Site. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove such content from the Site. We may disclose any content or communication of any kind (i) to satisfy any law, regulation, or governmental request; (ii) if such disclosure is necessary or appropriate to operate the site; or (iii) to protect the rights or property of Royalimarketing, other users, or other persons. We reserve the right to prohibit conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to us, any user, or any third party. Notwithstanding the foregoing, we cannot ensure prompt removal of questionable content after online posting. Accordingly, neither Royalimarketing, nor any of its officers, directors, employees, or agents assumes any liability for any action or inaction with respect to conduct, communication, or content on the Site.
8. Breach. Without limiting other remedies, we may limit your activity, immediately remove your bids, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
10. No Warranty. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.1 THE PRODUCTS OR GOODS SOLD THROUGH ROYALIMARKETING ARE SOLD WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, OF ANY NATURE, EXCEPT FOR ANY SPECIFIC WARRANTY THAT MIGHT ACCOMPANY THE SPECIFIC PRODUCT OR GOOD.
10.2 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.
11. Liability Limit. IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES 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). FURTHER, IN NO EVENT, SHALL ROYALIMARKETING BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY OR FOR ANY DAMAGES RESULTING FROM ANY MISHANDLING OR NEGLIGENCE BY THE THIRD PARTY HOSTING COMPANY IN REGARD TO YOUR INFORMATION. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11.1 Royalimarketing shall have no liability of any nature to you if you misuse or alter the product after receipt from you and additionally, any such conduct shall void and make of no further effect any warranty that might accompany a specific product. Products sold by Royalimarketing are designed to operate on 110 voltage and use of any other voltage may damage the product and Royalimarketing shall have no liability or responsibility for any such use.
12. Indemnity. You agree to indemnify and hold us 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.
13. 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 items. You may not register under or use a false name or use an invalid or unauthorized credit or debit card. You may not make bids under a false name, impersonate another person, or use another user's password. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. We may report any conduct we consider fraudulent or potentially fraudulent to law enforcement agencies, and we will cooperate with law enforcement agencies in an effort to ensure that violators are prosecuted to the fullest extent permitted by law.
14. No Agency. You and Royalimarketing are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Trademark. Any trademarks or other intellectual property found on Royalimarketing are the exclusive property of us either by way of trademark registration, common law rights or licensing and you shall have no rights to any such trademarks or other intellectual property by your use of the Site.
16. Delivery. All products sold at the Site shall be shipped from warehouse or other points designated by us and the cost of any such shipping shall be chargeable to you in addition to any specific price for the product that may be listed on the Site. You shall be responsible for the cost of any such shipping or delivery and the amount of the same shall be included in charges rendered to you for which you are responsible for payment.
17. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Royalimarketing, 379 Campus Drive, 2nd Floor, Somerset, NJ 08875 (in the case of Royalimarketing) or to the email address you provide to Royalimarketing during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Royalimarketing during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18. Resolution of Disputes. In the event a dispute arises between you and Royalimarketing, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Royalimarketing agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. However, if any Claim is brought to court, it must be adjudicated by a court of competent jurisdiction, without a jury, located in New Jersey, United States. You and Royalimarketing agree to submit to the personal jurisdiction of the courts located within the State of New Jersey.
19. General. This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to Agreements entered into and to be performed entirely within New Jersey between New Jersey residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the 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 Royalimarketing in accordance with Section 15 "Notices", in our sole discretion; 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. 4.3 (License), 5 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.