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SUPERCORRIDOR.COM (A Division of Inner Esteem Sdn. Bhd.)
TERMS AND CONDITIONS OF USE
WELCOME TO SUPERCORRIDOR.COM. THIS
DOCUMENT DESCRIBES THE TERMS ON WHICH SUPERCORRIDOR CORPORATION
("We", "us", "our" and "SuperCorridor")
ALLOWS BUSINESS OR GOVERNMENT ENTITIES TO ACCESS AND USE SUPERCORRIDOR.COM.
BY PRESSING THE "ACCEPT" BUTTON BELOW, YOUR ENTITY
("YOU" and "your") ACCEPT THE TERMS BELOW.
By using this Site, You agree to follow and be bound by the following
Terms and Conditions of Use and any revisions we may make to the Terms and
Conditions of Use. We may revise the Terms and Conditions of Use at any
time. If You wish to receive an email alert (sent to the email address You
provide to us) for each new version of these Terms and Conditions of Use,
please click the check box at the bottom of this page.
ELIGIBILITY: The SuperCorridor.com web site is available to You
only if You are a business or government entity who can enter into legally
binding contracts under applicable law for legitimate business purposes as
further limited below with an email address and one of the browsers
specified on the SuperCorridor.com web site. If you do not qualify under
the foregoing, You may not use the SuperCorridor.com web site.
FEES: Our then-current applicable fees if any, for using
SuperCorridor.com are posted on the SuperCorridor.com web site and are
incorporated herein by reference. Unless otherwise stated, all fees are
quoted in U.S. Dollars. All fees under these Terms and Conditions of Use
shall be non-cancelable and the sums paid nonrefundable. You may pay such
fees by credit card, purchase order, or electronic funds transfer,
whatever method is made available by SuperCorridor.com. In addition to
paying such fees, You are responsible for paying all applicable taxes and
costs you incur to use the SuperCorridor.com web site. We may in our sole
discretion add, delete, or change some or all of the applicable fees for
using the SuperCorridor.com web site, at any time. By pressing the
"Accept" button for these Terms and Conditions of Use, You
hereby authorize us to deduct from the account indicated in your
registration the payment for SuperCorridor.com fees that you incur or to
charge your credit card for such fees. You understand that this
authorization remains in full force and effect until SuperCorridor.com
receives written notification from You in such time and such manner as to
afford SuperCorridor.com and your bank a reasonable opportunity to act on
it.
SUPERCORRIDOR.COM IS ONLY A MARKETPLACE: The SuperCorridor.com web
site acts as an electronic marketplace for sellers and buyers. We are not
involved in the actual transaction between buyers and sellers. As a
result, We have no control over the quality, safety, or legality of the
products or services advertised the truth or accuracy of the listings, the
ability of sellers to sell products or services, or the ability of buyers
to buy products or services. We cannot and do not control whether or not
sellers will complete the sale of products or services they offer or
buyers will complete the purchase of products or services. In addition,
please note that there are risks of dealing across national borders, with
underage persons, or with people acting under false pretense. Because user
authentication on the Internet is difficult, We cannot and do not confirm
that users are who they claim to be.
Because We do not and cannot be involved
in user-to-user dealings, in the event that You have a dispute with one or
more users, You agree to release us (and our agents and employees) from
claims, demands, and damages (actual direct 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. In addition, You waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor."
For legal reasons, We cannot, nor do We
try to, control the information provided by other users which is made
available through the SuperCorridor.com web site. By its very nature,
other users information may be offensive, harmful, or inaccurate, and in
some cases may be mislabeled or deceptively labeled. You should use
caution -- and common sense -- when using the SuperCorridor.com web site.
YOUR INFORMATION:
Your information includes any information that You provide to
SuperCorridor or other users in the registration, listing, or buying and
selling processes, in any public message area, or in any email feature
(defined herein as "Your Information"). With respect to your
Information:
1. You are solely responsible for Your
Information, and we merely act as a passive conduit for your online
distribution and publication of Your Information. However, We may take any
action with respect to such information We deem necessary or appropriate
in our sole discretion if We believe it may create liability for, or loss
to, us or other users, or may cause us to lose (in whole or in part) the
services of our ISPs or other suppliers.
2. Your Information and your products or
services for sale on SuperCorridor.com:
- Shall not be false, inaccurate, or
misleading;
- Shall not be fraudulent or involve the sale of counterfeit or stolen
items;
- Shall not infringe any third party's copyright, patent, trademark, trade
secret, or other proprietary rights, or rights of publicity or privacy;
- Shall not violate any law, statute, ordinance, or regulation of any
jurisdiction (including without limitation those governing export control,
consumer protection, unfair competition, antidiscrimination, or false
advertising),
- Shall not be defamatory, trade libelous, unlawfully threatening, or
unlawfully harassing;
- Shall not contain pornography or otherwise be harmful to minors;
- Shall not contain any viruses or computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept, or expropriate any system, data, or personal information;
- Shall not include inherently dangerous products or services, including
but not limited to, rifles, shotguns, pistols, antique, collectible, sport
and hunting firearms, and ammunition; weapons, including but not limited
to military weapons, illegal weapons, or explosives; any illegal drugs or
drug paraphernalia; and
- Shall not link directly or indirectly to or include descriptions of
products or services:
(1) That is prohibited under these Terms and Conditions of Use or the
fruits of such
Prohibited products or services, or
(2) To which you do not have a right to link or include. Furthermore, You
may not post on the
SuperCorridor.com web site or sell through SuperCorridor.com any product
or Service that
could cause us to violate any applicable law, statute, ordinance, or
regulation Of any jurisdiction.
3. Solely to enable us to use Your
Information that You supply to us, so that we are not violating any rights
You might have in that information, You agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable (through
multiple tiers) right to exercise the copyright and publicity rights You
have in Your Information, in any media now known or not currently known,
with respect to Your Information. We agree to use Your Information in
accordance with SuperCorridor.com's then-current privacy principles posted
on, and/or linked to, the SuperCorridor.com web site, which principles are
incorporated herein by reference.
MARKETPLACE AND SYSTEM INTEGRITY: We are concerned about the integrity
of the SuperCorridor.com marketplace and agree to use commercially
reasonable efforts to prevent unauthorized access to the SuperCorridor.com
marketplace. Our efforts may include the use of firewalls, authentication
techniques, and passwords for access to SuperCorridor.com. If you are a
Seller on the SuperCorridor.com marketplace, You agree not to manipulate
the price of your product or service, either by using a shill (either a
secondary account or third party), by bidding yourself, or by any other
means. You also agree not consummate a transaction outside of
SuperCorridor.com when the transaction originated on the SuperCorridor.com
web site. You may not use any device, software, or routine to interfere or
attempt to interfere with the proper working of the SuperCorridor.com web
site or any transaction being conducted on SuperCorridor.com. You may not
take any action, which imposes an unreasonable or disproportionately large
load on SuperCorridor.com's infrastructure. You may not disclose to or
share your SuperCorridor.com login or password with any third parties or
use your SuperCorridor.com login or password for any purpose not permitted
by these Terms and Conditions of Use. We may in our sole discretion add,
delete, or change some or all of the SuperCorridor.com web site or its
functionality at any time.
LINKS TO THIRD-PARTY SITES:
The SuperCorridor.com web site may contain links to third-party websites
that are not under the control or operation of SuperCorridor.com.
SuperCorridor.com provides any such links only as a convenience and does
not endorse and is not responsible for the contents of any linked site or
any site linked to from a linked site.
WARRANTIES AND EXCLUSIVE REMEDIES:
We warrant that for a period of 30 days from performance of service,
SuperCorridor.com services are performed consistently with generally
accepted industry standards. THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not
guarantee continuous, uninterrupted, or secure access to the
SuperCorridor.com web site, and operation of the SuperCorridor.com web
site may be interfered with by numerous factors outside of our control. If
we cannot correct the problems that cause a breach of our warranty, You
may terminate the SuperCorridor.com service and, as your sole remedy,
recover the specific SuperCorridor.com transaction fees paid to us for the
SuperCorridor.com service giving rise to the breach. This limited warranty
gives you specific legal rights, and you may have other rights, which vary
from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL SUPERCORRIDOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE,
DATA, OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY. SUPERCORRIDOR'S
ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE FEES
ACTUALLY PAID BY YOU TO SUPERCORRIDOR FOR THE APPLICABLE SUPERCORRIDOR.COM
SERVICES GIVING RISE TO THE LIABILITY.
EXPORT: You
agree to comply with all export laws and restrictions and regulations of
any United States, Malaysia or foreign agency or authority, and not to
directly or indirectly provide or otherwise make available the services
and products of SuperCorridor.com in violation of any such restrictions,
laws or regulations, or without all necessary approvals, including,
without limitation, for the development, design, manufacture or production
of nuclear, chemical or biological weapons of mass destruction. As
applicable, You agree to obtain and bear all expenses relating to any
necessary licenses and/or exemptions with respect to your own use of the
services of SuperCorridor.com outside the U.S. and Malaysia. By agreeing
to these Terms and Conditions of Use, You agree to the foregoing and
represent and warrant that You are not located in, under the control of,
or a national or resident of any such country or on any such list.
MISCELLANEOUS TERMS:
You agree that the SuperCorridor.com marketplace is based in the U.S.A,
and that all legal actions between You and SuperCorridor that are related
to these Terms and Conditions of Use:
- Shall be governed by the laws of the
U.S.A., Malaysia and other countries, and
- Shall be instituted in a state or federal court in
the U.S.A., Malaysia and other countries; and You further agree that
(a) and (b) apply regardless of the governing law and jurisdiction
that may be proper for disputes between You and any other
SuperCorridor.com user. You agree to comply with all applicable laws,
statutes, ordinances, and regulations regarding your use of the
SuperCorridor.com and our services. We may immediately issue a warning
or deny, suspend, or terminate your membership and any other
information You place on the SuperCorridor.com web site if You are
ineligible, if You breach these Terms and Conditions of Use, if We are
unable to verify or authenticate any information You provide to us, or
if otherwise in our sole discretion. 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 or any of its rights under
these Terms and Conditions of Use. You and SuperCorridor are
independent contractors, and no agency, partnership, joint venture,
employee-employer, or franchiser-franchisee relationship is intended
or created by these Terms and Conditions of Use.
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