THE FOLLOWING DESCRIBES THE TERMS ON WHICH SURIALINK.COM OFFERS ACCESS TO USERS OF OUR SERVICES
(i) SuriaLink.com (SuriaLink)
SuriaLink.com ("SuriaLink") provides a Web site that allows registered users to buy and sell seaplants and seaplant-related products and services through SuriaLink's metamediary platform and to gain access to relevant industry information and services using SuriaLink.com.
(ii) Users of SuriaLink Include Both Associates and Members
Users of SuriaLink.com can register either as Associates or as Members (Associates/Members) by submitting online forms provided on the SuriaLink.com website. Through SuriaLink.com Associates/Members are able to gain access to seaplant-related products or services for sale; to search for available products or services; to post or search for answers to queries; and/or to engage in negotiations and close transactions with other Associates/Members. SuriaLink Associates/Members can be both Purchasers and Vendors. If an Associate/Member offers products or services for sale or responds to a Purchaser's query for the purchase of products or services the Associate/Member is considered to be a "vendor." If an Associate/Member responds to an offered product or service or posts a query for the purchase of products or services the Associate/Member is considered to be a "purchaser."
2. Description of General Principles and Terms
3. Amendment Without Notice
4. Associates/Membership Eligibility
Our services are available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Furthermore our services are not available to temporarily or indefinitely suspended SuriaLink Associates/Members.
5. The SuriaLink Metamediary Site
Besides serving as a source of decision-critical information SuriaLink.com also serves as a site where Vendors may list items for sale or solicit purchase offers. In cases where commercial transactions are consummated SuriaLink is not directly involved in the actual transaction between Purchasers and Vendors and we do not set or endorse the price, contract terms, quality, safety, conformity or legal status of the products and services posted, advertised or offered for sale.
(ii) No Control
SuriaLink has no control over the quality, safety or legal status of items posted or advertised and also cannot verify the truth or accuracy of claims or the ability of Vendors to sell items or the ability of Purchasers to buy items.
SuriaLink also cannot guarantee that Purchasers or Vendors will actually consummate transactions. The ultimate
responsibility for consummation of transactions lies with the Users interacting on the transactions.
(iii) Authentication and Verification
Because user authentication on the Internet is difficult SuriaLink cannot and does not confirm Users' claimed identities. We encourage Users to communicate directly with each other or to use third party verification services.
(iv) Release from Claims
In the event of a dispute between users that concerns actual transactions between Purchasers and Vendors you as a User of the SuriaLink.com site agree to release SuriaLink and our officers, directors, agents, subsidiaries 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.
(v) Control of Information
Please note that SuriaLink cannot control information that users enter into our system in the form of user information.
6. Fees and Services
(i) Associates/Membership Fees
Joining SuriaLink requires you to pay the annual Associates/Membership fee. Presently SuriaLink is waiving the Associates/Membership fees to all customers. SuriaLink reserves the right to change this policy in the future.
(ii) Transaction Fees (Seaplant Transactions)
will be charging a transaction fee on the total sale amount of each seaplant transaction facilitated by the SuriaLink system.
The amount of said fees shall become part of these terms and shall vary
between one percent (1%) and ten percent (10%) depending on the type and
volume of the transaction. This transaction fee for seaplant sales is paid by the vendor. SuriaLink reserves the right to modify the transaction fees or waiver policies for seaplant sales at its discretion. Presently SuriaLink is waiving the transaction fee. SuriaLink reserves the right to change this policy at its discretion in the future.
(iii) Fees for Products and Services
SuriaLink may add new products and/or services to SuriaLink.com from time to time or may, in its sole discretion, change some or all of the current services offered. In the event that SuriaLink introduces new products or services or changes existing products or services new fees or service charges may be established effective immediately for those products or services.
(iv) Fees quoted in US dollars
Unless otherwise stated, all fees are quoted in U.S. Dollars.
(v) Billings exclusive of taxes
All prices quoted, all orders accepted, and all billings issued are exclusive of all national, state and local taxes. The User is responsible for paying all fees and all applicable taxes associated with using SuriaLink services and SuriaLink.com.
(vi) Circumvention of Payment
SuriaLink Associates/Members agree not to identify and engage in negotiations with a counter-party on the SuriaLink metamediary platform and then agree on the terms of the same transaction off the SuriaLink site or otherwise circumvent the payment of the SuriaLink transaction fees contemplated above. A vendor who agrees on the terms of a transaction off SuriaLink.com is still responsible to pay SuriaLink the applicable transaction fee for such transaction. Any Associate/Member who engages in circumvention is subject to having their Associateship/Membership in SuriaLink immediately and permanently revoked.
7. Transaction Rules
Transactions through the SuriaLink metamediary platform shall be governed by the Transaction Terms and Conditions that shall be set forth from time to time in the Marketplace portion of SuriaLink.com. By becoming an Associate or a Member and engaging in commerce through the SuriaLink platform you agree to abide by these Transaction Terms and Conditions.
8. Manipulation and Interference
Neither Purchasers nor Vendors may manipulate the price of any item. No User may interfere with other users' listings.
Without limiting any other remedies, SuriaLink may suspend or terminate a User's account if said User is found to have engaged in fraudulent or illegal activity in connection with SuriaLink.com.
10. User's Information
"User's Information" is defined as any information that you as a SuriaLink User provide to us or other Users in the registration, purchasing, vending or listing process or through any email feature. Users are solely responsible for User's Information, and SuriaLink acts as a passive conduit for the distribution and publication of Users' Information.
You as a User of SuriaLink.com warrant that any information provided:
(a) shall not violate any law, statute, ordinance or regulation;
(b) shall not be false, inaccurate or misleading;
(c) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(d) shall not infringe any third party's copyright, patent, trademark, trade secrets or other proprietary rights or rights of publicity or privacy;
(e) shall not be defamatory, libelous, threatening, harassing, obscene or pornographic;
(f) shall not contain any viruses, Trojan horses, worms or other computer programming routines that are have the effect of damaging, interfering with, copying, intercepting or expropriating any computer system, computer hardware, computer software or data;
(g) shall not create liability for SuriaLink or cause SuriaLink to lose in whole or in part the services of our suppliers.
Furthermore you as a SuriaLink User may not list any item on SuriaLink.com or consummate any transaction that was initiated using our service that could cause us to violate any applicable law, statute, ordinance or regulation by virtue of our having accepted payment of fees or service charges to SuriaLink .
11. Copyright and Publicity Rights
You agree to grant SuriaLink a non-exclusive, world wide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights (but no other rights) to User's Information, in any medium whether known or not currently known, with respect to User's Information. SuriaLink will only use User's Information solely in accordance with our Privacy Statement in order to facilitate service to Users.
12. Guidelines for Posting Comments and Information
Certain portions of the SuriaLink Web site allow Users to post comments on articles or other topics of discussion. Comments may be visible to anyone who visits the SuriaLink Web site. We ask that Users please focus specifically on the article, story, or issue for which comment has been solicited and please avoid making statements that are accusatory, defamatory, obscene, pornographic, abusive, or otherwise unlawful or infringing on the rights of others. All comments may be edited based on length, clarity or content. SuriaLink does not endorse the accuracy, truthfulness or reliability of comments posted by users and is not responsible for any subsequent actions taken as a result of such postings.
13. Access to SuriaLink.com
Associates/Members are responsible for providing all equipment necessary to access the Internet and the SuriaLink website. The SuriaLink website is usually available 24 hours a day, 7 days a week. However, we retain the right to make the website unavailable from time to time for any reason. Associates/Members agree that SuriaLink shall not be liable for any damages arising from any interruption, suspension or termination of the website.
14. No Warranty
WE PROVIDE SURIALINK.COM SERVICES WITH NO WARRANTY OR CONDITION WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES,
GUARANTEES AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY PURCHASER OR VENDOR AND WHETHER USERS SHOULD DO BUSINESS WITH SUCH PURCHASERS OR VENDORS. WE ALSO DISCLAIM ANY IMPLIED WARRANTIES WITH RESPECT TO THE ACCURACY OF POSTINGS MADE ON THE SITE BY OR ON BEHALF OF ANY VENDOR OR PURCHASER. SURIALINK USERS AGREE TO COMPLY FULLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS AND AGREE THAT SURIALINK.COM AND THE SURIALINK IS NOT TO BE UTILIZED TO FACILITATE COLLUSION OR OTHER CONDUCT IN VIOLATION OF ANY
15.Limits to Liability
IN NO EVENT SHALL WE 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, ANY TRANSACTION CONDUCTED THROUGH THE METAMEDIARY PLATFORM, OR THESE TERMS HOWEVER ARISING, INCLUDING NEGLIGENCE.
You as a SuriaLink User agree to indemnify and hold harmless SuriaLink and our subsidiaries, affiliates, officers, directors, agents, and employees. Such indemnity shall include reasonable attorneys' fees arising from your breach of these Terms, any disputes or other claims relating to your transactions on SuriaLink.com or any violation by you, the User, of any law or the rights of a third party.
17. Legal Compliance
As a SuriaLink User you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
18. No Agency
As a SuriaLink User you and SuriaLink are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is implied, intended or created by these Terms.
Except as explicitly stated otherwise any notices shall be given to the email address you provide to SuriaLink during the registration process. 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 SuriaLink during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to these Terms or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of a mutually agreed accredited international Arbitration body. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
21. Additional Terms
The following documents are incorporated by reference:
(i) Our Privacy Statement
This is available in the "SuriaLink" section of our site. We may amend this Privacy Statement without notice at any time by posting the amended terms on SuriaLink.com. All amended terms shall be effective immediately upon posting. By accessing and using SuriaLink.com you agree to periodically review this Privacy Statement and be bound by any modifications or amendments to its terms.
Our Transaction Terms and Conditions
These will be posted from time to time in the "Marketplace" section of SuriaLink.com. We may amend these Transaction Terms and Conditions without notice, at any time by posting the amended terms on SuriaLink.com. All amended terms shall be effective immediately upon posting. By accessing and using the SuriaLink Web site, you agree to periodically review these Transaction Terms and Conditions and be bound by any modifications or amendments to their terms.
23. Headings for Convenience Only
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section of the Terms.
24. Breach of Terms and Failure to Act
Without limiting other remedies, SuriaLink may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Associates/Membership and refuse to provide our services to you if you breach these Terms or the documents they incorporate by reference; if we are unable to verify or authenticate any information you provide to us; or if we believe that your actions may cause legal liability for you, our Users or SuriaLink. 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.
25. Entire Understanding
These Terms set forth the entire understanding and agreement between SuriaLink and the User with respect to the subject matter hereof.