FOLLOWING ARE THE TERMS AND CONDITOON ON WHICH RESIDUAL EQUITY OFFERS YOU ACCESS TO OUR WEB SITE, OUR MARKETPLACE, NEWSLETTER, LISTING, BROKER, AND ADVERTISING SERVICES AND ALL COMMUNICATIONS BETWEEN USERS, MEMBERS, BUYERS, SELLERS, AND OTHERWISE TRADERS OF DIGITAL ASSETS SUCH AS DOMAINS, WESBITES, APPS, ONLINE BUSINESSES, ETC., AND OUR STAFF.
Late date of update: June 30th, 2017
USE ELIGIBILITY & MODIFICATION OF TERMS PROVISION
This Agreement is effective immediately upon your first use of the Websites or Marketplace & Listings for any reason, including searching, registering, joining newsletter community, contact and/or communicating with other users/members, buyers/sellers, or interacting with the community or our staff in any way, shape, or form. ResidualEquity.com may decide to discontinue offering the Websites or Marketplace & Listings, or any future services added at a later date, or any portion or portions thereof, at any time for any reason, with or without advance notice. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
USER ACCOUNT PROVISIONS
ResidualEquity.com operates Marketplace & Listings and other services predominantly through the use of digital communication, including online Internet-based website forms and emails as our primary form of communication media with users and customers. As a registered user, you hereby agree and acknowledges and grants ResidualEquity.com and Marketplace & Listings services, permission to communicate with you via email, online forms, telephone, or fax (completely at our discretion) for any purpose ResidualEquity.com determines to be relevant to the services we provide or for communication within our community, newsletter, or other services that we provide including, but not limited to, listing posting and updates, system messages, service updates, community and marketplace announcements and other marketing communication events or campaigns. It is important that all Users, Customers, or Advertisers use the Websites and/or Marketplace & Listings services in compliance with this Agreement and its provisions and update all their information, including email account and mailing addresses (if applicable), and all Users and Customers agree and acknowledge that ResidualEquity.com will use best efforts to honor User’s request to opt out of newsletter community emails, marketing messages, listings campaigns, tradeor announcements, etc. but under no circumstances will ResidualEquity.com have any liability for sending any email to its registered Users, Customers, or Advertisers. With respect to sharing any personal data with third parties, ResidualEquity.com does so in compliance with applicable law and with strict accordance to our company policies of privacy and with the terms and conditions described herein.
VIOLATION OF RIGHTS OF OTHERS
You acknowledge and agree, i) that you will not violate the rights of other Users and/or members and/or buyers and sellers and their listings and any communication through the email or online forms, with regards to any information you may obtain via requesting information for commercial use or making any decision to purchase or lease, and furthermore that you will not violate any third party rights, including service marks, trademarks, copyrights, publically recognized intellectual property rights and any applicable government laws and/or regulations pertaining to such legal rights of others.
In addition to the above described restrictions, you acknowledge and agree, i) that you will not harass, threaten, bully, mislead with deliberate intent, defame, demonize, misrepresent or devalue or otherwise violate the information provided in the Marketplace & Listings or the Websites nor violate the legal rights of others, including their proprietary rights, or intellectual rights, or their privacy or trademarks or any other legal rights of others; ii) that you will conduct yourself with honesty and integrity without any attempts to misrepresent or mislead others and you will not publish, divulge, distribute, or misrepresent business links to others; iii) you will not behave or post or publish information or comments that are inappropriate, derogatory, obscene, indecent, unlawful, or use any profanity against any other user, advertiser, or business or website, on any topic, or an entity’s name or material, or reputation, or engage in disinformation, and iv) you will abide with all United States laws and legislations and will not attempt to sell, distribute, or post information or links to any sites for sales, promotion, campaigning, or marketing, (yours or on behalf of someone else as a service) of illegal products such as firearms, tobacco and alcohol products, weapons, ammunition, explosives, or other illegal products as per applicable laws of and in compliance of each and every state with the United States of America.
In no way, shape, or form, explicitly or otherwise, may you infringe on the copyright rights of others within the Marketplace & Listings or Websites. You may not distribute, copy, modify, misrepresent, mislead, transmit, transfer, display, reproduce, publish, claim, recreate, or produce any derivative works from, sell, market, or derive any form of benefit or financial compensation or reward from any of the content provided within the Marketplace & Listings or Websites. If you are the owner of the information and you have provided the information within the within the Marketplace & Listings or Websites and you have legal and rightful ownership of this information, you will remain solely responsible for your information and you acknowledge and agree that ResidualEquity.com and its associates provide no warranties nor any guarantees on protection of your rights to your information.
PARTICIPATION IN LISTING AND MARKETPLACE
You agree not to mislead, misrepresent, or otherwise defraud other users in any way, shape, or form via the use of the Marketplace & Listings or Websites and your further agree to provide truthful descriptions, financial statements, contact information, of any other listing information that is published within the Marketplace & Listings or Websites. In addition, you also agree not to submit or email or otherwise transmit any image or content that contains unsuitable, or inappropriate, or controversial or repulsive aspects. Users providing listings agree to provide all the information contained in the listing completely free of any charge to Marketplace & Listings or Websites or any other Users, buyers, or otherwise any other entities within the Marketplace & Listings or Websites. ResidualEquity.com retains the right to keep, or post, or list the information provided by the User in the Marketplace & Listings or Websites for up to 60 months to ensure the integrity of the information and the listings service we provide.
You acknowledge and agree that all information provided within the Marketplace & Listings or Websites meet the terms of this Agreement and you warrant its accuracy and agree that the information is being provide online to other users, without any restrictions, allowing and authorizing that such listing may be altered or modified, completely at ResidualEquity.com discretion, to make your posts or listings more adequate to meet the terms and conditions of listings on ResidualEquity.com Websites and you further acknowledge and agree that ResidualEquity.com and its associates shall have the right to modify the listing in the exercise of its rights under this Agreement.
ResidualEquity.com will have the final say and complete discretion to allow or disallow any individual listing, or multiple listing, or further listing of posts by Users. The content provided by the User for the Marketplace & Listings or Websites will remain the information produced and disseminated public data.
PREMIUM SERVICES AND FEES
ResidualEquity.com offers free listings to all Users. However, Users can also obtain premium paid listing for additional visibility based on the terms of service associated to the premium service obtained. Premium services include advertising premium listing position.
BROKER SERVICES AND FEES
ResidualEquity.com offers Brokerage services for buying, selling, and leasing of digital assets and as such, upon successful application for such brokerage services, you will be assigned a digital asset broker in accordance with the approximate value of the digital assets you wish to trade. Your ResidualEquity.com broker will work with you to establish all the parameters that are important to you and put together a proposal for brokerage service.
You acknowledge and agree that upon suspicion of violation of the terms of this Agreement and/or any portion of its provisions, ResidualEquity.com will cooperate with legal authorities and Internet service providers in release information about Users that conduct in abusive behavior and violate the terms of this Agreement and any rules and regulations or policies described herein. Furthermore, ResidualEquity.com and its staff, completely at its own discretion and without any further notice, may elect to suspend or terminate permanently, your ResidualEquity.com user account, including access to newsletters, and/or access and use of Marketplace & Listings or Websites. In addition to suspension and termination of your access, you may be liable for further legal actions for any damages against Marketplace & Listings or Websites or any other third party if deemed your actions included malicious intent with deliberate attempt to cause harm in any way, shape, or form, and/or if you are suspected of unauthorized use of information or content, in breach of security, or have provide misleading information in your User account, or in any way, in violation of this Agreement.
LIMITATION OF LIABILITY, DISCLAIMERS, & INDEMNIFICATION
IN NO EVENT SHALL RESIDUALEQUITY.COM AND/OR ITS ASSOCIATES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. RESIDUALEQUITY.COM IS IN NO WAY RESPONSIBLE FOR THE CONTENT OF ANY WEBSITES OWNED OR OPERATED BY THIRD PARTIES THA MAY BE LINKED TO OR FROM RESIDUALTEQUITY.COM WEBSITES VIA OUR MARKETPLACE & LISTINGS WEBSITES, WETHER SUCH INFORMATION OR HYPERLINKS IS PROVIDED WITHIN OUR WEBSITES OR BY A THIRD PARTY. USERS AND/OR CUSTOMERS EXCLUSIVE REMEDY, AND RESIDUALEQUITY.COM’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE A REFUND TO CUSTOMERS OR USERS OF THE FEES PAID TO RESIDUALEQUITY.COM HEREUNDER, AND IN NO EVEN WILL RESIDUALEQUITY.COM’S LIABILITY FOR ANY REASON EXCEED SUCH USER FEES, OR PREMIUM LISTINGS FEES, OR OTHER SUCH PAID FEES FOR LISTINGS OR OTHER SERVICES.
USERS AND CUSTOMERS ACKNOWLEDGE AND AGREE THAT NO JUDGEMENT OR WARRANTY IS MADE WITH RESPECT TO THE ACCURACY, TIMELINESS, OR SUITABILITY OF THE CONTENT OF ANY WEB SITES THAT OUR MARKETPLACE & LISTINGS WEBSITES MAY LINK TO, NEITHER DOES RESIDUALEQUITY.COM NOR ITS AFFILIATES, ASSOCIATES, PARTNERS, OR REPRESENTATIVES ARE RECOMMNDING THE PURCHASE OR SALE OR TRANSFER OR tradeS IN THE STOCKS OR IN ANY WAY, SHAPE, OR FORM IN THE BUSINESSES AND/OR ASSETS OR EQUITIES OF ANY LISTINGS OR PREMIUM LISTINGS OR ADVERTISED LISTINGS. RESIDUALEQUITY.COM DOES NOT ENDORSE PRODUCTS OR SERVICES OR WEBSITES OR DOMAINS OR ECOMMERCE BUSINESSES OR APPS OF ANY LISTINGS OR SPONSORED LISTINGS OR ADVERTISERS OR PREMIUM LISTINGS.
YOU AGREE THAT USE OF RESIDUALEQUITY.COM’S MARKETPLACE & LISTINGS WEBSITES SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. RESIDUALEQUITY.COM AND ITS MARKETPLACE & LISTINGS WEBSITES CONTENT AND REPRESENTTIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RESIDUALEQUITY.COM MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER, SELLER, INVESTOR, LEASEE, LEASOR, USER OR OTHERWISE THAT THE DIGITAL ASSETS (WEBSITES, APPS, DOMAINS, ECOMMERCE BUSINESSES, CUSTOMER LISTS, ETC.) LISTED BY USERS ON THE RESIDUALEQUITY.COM’S MARKETPLACE & LISTINGS WEBSITES, HAVE IN FACT BEEN REGISTERED, OR THAT THE USERS ARE THE LEGAL OWNER OF SUCH DIGITAL ASSETS, OR THAT THEY ARE AUTHORISED TO ASSIGN/LICENSE OR SELL OR DISTRIBUTE SUCH DIGITAL ASSETS.
RESIDUALEQUITY.COM AND ITS MARKETPLACE & LISTINGS WEBSITES MAKE NO WARRANTY THAT THE BUYER MAY USE THE DIGITAL ASSETS OR THAT THE SELLER MAY TRANSFER THE OWNERSHIP OF SUCH DIGTAL ASSETS WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. RESIDUALEQUITY.COM, THROUGH THE USE ITS MARKETPLACE & LISTINGS WEBSITES, MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES RESIDUALEQUITY.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE RESIDUALEQUITY.COM AND ITS MARKETPLACE & LISTINGS WEBSITES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY RESIDUALEQUITY.COM IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM RESIDUALEQUITY.COM OR THROUGH THE SERVICES PROVIDED BY RESIDUALEQUITY.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
Unless otherwise specified herein, this Agreement between Users and ResidualEquity.com and its Marketplace & Listings or Websites constitutes the entire agreement with respect to the services and the terms and conditions of use, and it supersedes all prior legal or explicit communications and proposals, whether electronic, oral or written, between the User and any of Marketplace & Listings or Websites representatives. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable state or federal laws, including, but not limited to, the warranty disclaimers and liability limitations, infringements, intellectual property copyrights, or other provisions set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Users acknowledge and agree that all legal proceedings will be addressed and resolved in the state of California. Finally, you may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party under any circumstances whatsoever. At any time, ResidualEquity.com may, completely at its own sole discretion and without providing notice, in any way, shape, or form, and without requiring or the need for obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.