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PartialOwner.com User Agreement
Welcome to PartialOwner.com's online marketplace (the "Site"). Any person who wishes to access the Site
to buy goods or to use the other services provided on the Site (collectively, the "Services") must accept
the terms and conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF
SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE
BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY
REFERENCE.
G2Tech, Inc. doing business as PartialOwner.com, (hereinafter " PartialOwner " or " PartialOwner.com") reserves
the right to change any of the terms and conditions contained in this 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. You are responsible for reviewing the notice and any applicable changes. Changes to
referenced policies and guidelines may be posted without notice to you. You can review the most current version
of this Agreement at any time at http://www.partialowner.com/use.asp. YOUR CONTINUED USE OF THIS SITE AND THE
SERVICES FOLLOWING PartialOwner 'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR
MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1. Notice With Regard to Documents on this Site. Permission to display, copy and/or
download any papers, articles or other works of authorship on this Site (the "Documents") is
hereby granted, provided that (a) the copyright notice set forth on the Document and a
statement that the Document is being reproduced under permission of the Copyright Holder
both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such
Documents from this Site is for informational or personal use only, and (c) no modifications
of any Documents are made. Any other use of the Documents is expressly prohibited.
2. Online Privacy Policy. Our online Privacy Policy ("About Your Security and Privacy")
forms a part of these Terms and Conditions. Supplemental Terms also contain additional and
different terms, including without limitation regarding the collection, use, and sharing of
personal information provided in connection with the use of such services, which you should
read carefully before using such services.
3. Links to Third Party Sites. Any other web sites that are accessible via any link on
this Site are not under the control of PartialOwner. PartialOwner is not responsible for the
contents of any linked site or any link contained in a linked site, or any changes or updates
to the information contained in such sites. PartialOwner provides the linked sites to you only
as a convenience and the inclusions of any such link on the Site does not imply the our
endorsement of the site, the organization operating such site, nor any products or services
of that organization. Your linking to any off-site pages or other sites is entirely at your
own risk.
4. References to Products or Services. Information published by PartialOwner on the
Site may contain references or cross references PartialOwner products or services that are not
announced or available in your country. Such references do not imply that PartialOwner intends
to announce such products or services in your country. Please contact PartialOwner for
information regarding the products and services that may be available to you.
5. User Input. Unless otherwise provided in the Terms and Conditions, any communication,
material or feedback with regard to contents on this Site transmitted by a user of this Site via
electronic mail or otherwise, including any data, questions, or comments regarding the content of
any Document or other information contained on the Site, such information shall be deemed to be
non-confidential PartialOwner shall have no obligation of any kind with respect to such information
and shall be free to reproduce, use, disclose and distribute the information to others without
limitation. Further, PartialOwner shall be free to use any ideas, concepts, know-how or techniques
contained in such information for any purpose whatsoever including, without limitation, publication
on the Site and developing, manufacturing, and marketing products using such information.
PartialOwner shall have no obligation to compensate the contributor of such information in any
manner.
6. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S
USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. PARTIALOWNER 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 OFFER, LAWFUL TO SELL, OR THAT
CERTIFIED MERCHANTS 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 PARTIALOWNER.
7. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PARTIALOWNER DISCLAIMS ANY AND ALL
SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM
PARTIALOWNER OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.
8. General Release. BECAUSE PARTIALOWNER IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS
AND CERTIFIED MERCHANTS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE
PARTIALOWNER (AND ITS AFFILIATES, 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. IF YOU ARE A
CALIFORNIA RESIDENT, 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." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE
THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT,
AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY PARTIALOWNER.
9. Limitation of Liability. PARTIALOWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS 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 WHETHER SUCH
DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
10. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PARTIALOWNER AND OUR SUBSIDIARIES,
PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS'
FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE
DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR
INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT
AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
11. Applicable Law. The laws of the State of Illinois govern this Agreement and all of its
terms and conditions, without giving effect to any principles of conflicts of laws.
12. Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE
COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. 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. THE ARBITRATION SHALL BE CONDUCTED IN CHICAGO,
ILLINOIS, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION
THEREOF. EITHER YOU OR PARTIALOWNER MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF
COMPETENT JURISDICTION IN CHICAGO, ILLINOIS, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU
OR PARTIALOWNER PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND
UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT,
ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
13. Merchant Disputes. Because PartialOwner is not the seller in the actual transaction
between merchants and buyers and is not the agent of either for any purpose, PartialOwner does
not have the duty to resolve and will not be involved in resolving any disputes between
participants related to or arising out of any such transaction.
14. Licenses. PartialOwner.com grants a limited license to each participant to make
personal use only of the Site and the Services in accordance with this Agreement. This license
expressly excludes, without limitation, any reproduction, duplication, sale, resale or other
commercial use of the Site and the Services (other than the buying and selling of items in
accordance with this Agreement), making any derivative of the Site or the Services,
the collection and use of participant e-mail addresses or other participant information,
ratings or listings, or any data extraction or data mining whatsoever.
15. Termination. PartialOwner, in its sole discretion, may terminate or modify this
Agreement, access to the Site or the Services, or any current transaction immediately without
notice for any reason.
16. Copyright. If you believe that you have been defamed in some manner by the PartialOwner
Web site or your own work has been copied in a way that constitutes copyright infringement,
please provide PartialOwner's Copyright Agent the following information in writing: (a) an
electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest or the person defamed, along with your address, phone number, and email
address; (b) a description of the defamatory material, or the copyrighted work that you believe
has been infringed, and a description of where the material that you claim is defamatory or
infringing your rights is located on the PartialOwner Web site; (c) a statement by you that you
have a bona fide, good faith belief that the defamatory activity has occurred or that the use by
a third party of your proprietary rights is not permitted by the copyright owner or by law;
and (d) a statement that the information provided is accurate and that, under penalty of perjury,
you are the allegedly defamed party or the copyright owner or authorized agent to at on the
copyright owner's or allegedly defamed person's behalf.
PartialOwner’s Copyright Agent for notice of claims of copyright infringement on or
regarding this site can be reached at: Email: copyrights@partialowner com
17. General Provision
a. Entire Agreement. This Agreement and the general terms, conditions set forth
on the Site, including but not limited to those set forth in the Help Pages, Privacy Policy and
Legal Pages, constitute the entire agreement of the parties with respect to the subject matter
hereof and supersedes and cancels 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. PartialOwner is not the agent, fiduciary, trustee or
other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be
construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in
respect to this Agreement. This 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 PartialOwner, its Certified Merchants and you.
c. Severability. If any provision of this 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. PartialOwner's failure to enforce the strict performance of any provision of this
Agreement will not constitute a waiver of PartialOwner's right to subsequently enforce such provision or any other
provisions of this Agreement.
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