Terms of Use PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY PODAGAS, INC. (“PODAGAS”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.PODAGAS.COM (THE “SITE”) AND ALL SERVICES PROVIDED BY PODAGAS ON THE SITE. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.  

PODAGAS is a Market Place

PODAGAS acts as a market place to allow users, who comply with PODAGAS’ policies to offer, sell and buy certain goods within a fixed-price format. PODAGAS is not directly involved in the transaction between buyers and sellers. As a result, PODAGAS has no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. PODAGAS does not pre-screen users (except for services that require an application) or the content or information provided by users. PODAGAS cannot ensure that a buyer or seller will actually complete a transaction. Consequently, PODAGAS does not transfer legal ownership of items from the seller to the buyer. PODAGAS cannot guarantee the true identity, age, and nationality of a user. PODAGAS encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that PODAGAS is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on PODAGAS. You use the PODAGAS service at your own risk.

Your Account 

If you use any PODAGAS Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PODAGAS does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the PODAGAS Services only with involvement of a parent or guardian. PODAGAS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on PODAGAS you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account. Account Transfer: You may not transfer or sell your PODAGAS account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service:

PODAGAS’ services are not available to temporarily or indefinitely suspended PODAGAS members. PODAGAS reserves the right, in PODAGAS’ sole discretion, to cancel unconfirmed or inactive accounts. PODAGAS reserves the right to refuse service to anyone, for any reason, at any time.

Fees and Billing

Joining and setting up a shop on PODAGAS is. PODAGAS charges a percentage of the sale price when the item sells. PODAGAS’ Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for PODAGAS’ services are effective after PODAGAS provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, PODAGAS may choose to temporarily change the Fees Policy and the fees for PODAGAS’ services for promotional events; such changes are effective when PODAGAS posts the temporary promotional event on the Site. PODAGAS may, at PODAGAS’ sole discretion, change some or all of PODAGAS’ services at any time. In the event PODAGAS introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). In certain situations, including but not limited to a void or invalid transaction, PODAGAS may issue a credit for the applicable fees to a seller’s billing statement. You are responsible for paying all fees and applicable taxes associated with using PODAGAS. PODAGAS provides plans for both automatic and manual bill payment as outlined in PODAGAS’ Billing Policy.  PODAGAS’ will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due. Fees and Termination: If PODAGAS terminates a listing or your account, if you close your account, or if the payment of your PODAGAS fees cannot be completed for any reason, you remain obligated to pay PODAGAS for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge please CONTACT PODAGAS.

Listing and Selling Listing Description:

By listing an item on the Site, you warrant that you and all aspects of the item comply with PODAGAS’ published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your PODAGAS shop. Your listings may include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies

All sellers are urged to outline shop policies for their PODAGAS shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with PODAGAS’ site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. PODAGAS reserves the right to request that a seller modify a shop policy.

Binding Sale

Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance

The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding PODAGAS transaction fees, misrepresent the item’s location, or use another user’s account without permission. Prohibited, Questionable and Infringing Items and Activities You are solely responsible for your conduct and activities on and regarding to PODAGAS and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on PODAGAS must comply to our compliance and guidelines. Restricted Activities: Your Content and your use of PODAGAS shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, PODAGAS’ GUIDELINES, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including PODAGAS staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Interfere with a seller’s business or shop
  8. Take any action that may undermine online reviews or feedback
  9. Be obscene contain derogatory language or contain child pornography
  10. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  11. Host images not part of a listing
  12. Modify, adapt or hack PODAGAS or modify another website so as to falsely imply that it is associated with PODAGAS;
  13. Appear to create liability for PODAGAS or cause PODAGAS to lose (in whole or in part) the services of PODAGAS’ ISPs or other suppliers
  14. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the privacy policy, PODAGAS’ GUIDELINES, or other policy documents as posted on PODAGAS.

Furthermore, you may not list any item on PODAGAS (or consummate any transaction that was initiated using PODAGAS’ service) that, by paying to PODAGAS the listing fee or the final value fee, could cause PODAGAS to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content License

PODAGAS does not claim ownership rights in your Content. You grant PODAGAS a license solely to enable PODAGAS to use any information or Content you supply PODAGAS with, so that PODAGAS is not violating any rights you might have in that Content. You grant PODAGAS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow PODAGAS to store, translate, or re-format your Content on PODAGAS and display your Content on PODAGAS in any way PODAGAS chooses. PODAGAS will only use personal information in accordance with PODAGAS privacy policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another PODAGAS user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for PODAGAS-related communications. PODAGAS has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any PODAGAS user to your email or physical mail list. For more information, see PODAGAS’ privacy policy.  

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PODAGAS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PODAGAS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PODAGAS and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PODAGAS for all claims resulting from content you supply. PODAGAS has the right but not the obligation to monitor and edit or remove any activity or content. PODAGAS takes no responsibility and assumes no liability for any content posted by you or any third party. Please use caution, common sense, and practice safe buying and selling when using PODAGAS. Other Resources: PODAGAS is not responsible for the availability of outside websites or resources linked to or referenced on the Site. PODAGAS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that PODAGAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources. Resolution of Disputes Any dispute or claim relating in any way to your use of any PODAGAS Service, or to any products or services sold or distributed through Podagas.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. You release PODAGAS (and PODAGAS’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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 disputes with one or more users, or an outside party.  

PODAGAS’ Intellectual Property

PODAGAS, and other PODAGAS graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PODAGAS, Inc. in the U.S. and/or other countries. PODAGAS’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

PODAGAS may contain robot exclusion headers which contain internal rules for software usage. Much of the information on PODAGAS is updated on a real-time basis and is proprietary or is licensed to PODAGAS by PODAGAS’ users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access PODAGAS for any purpose whatsoever, except to the extent expressly permitted by and in compliance with PODAGAS’ terms of use or otherwise without PODAGAS’ prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in PODAGAS’ sole discretion, an unreasonable or disproportionately large load on PODAGAS’ infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in PODAGAS’ GUIDELINES from the Site except to the extent expressly permitted by and in compliance with PODAGAS’ Terms of Use or otherwise without the prior express written permission of PODAGAS and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass PODAGAS’ robot exclusion headers or other measures PODAGAS may use to prevent or restrict access to PODAGAS.

Breach Without limiting any other remedies, PODAGAS may, without notice, and without refunding any fees, delay or immediately remove Content, warn PODAGAS’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: PODAGAS suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, PODAGAS GUIDELINES, or other policy documents and community guidelines incorporated herein; PODAGAS is unable to verify or authenticate any of your personal information or Content; or PODAGAS believes that a user is acting inconsistently with the letter or spirit of PODAGAS’ policies, has engaged in improper or fraudulent activity in connection with PODAGAS or the actions may cause legal liability or financial loss to PODAGAS’ users or to PODAGAS. PODAGAS reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on PODAGAS. Privacy PODAGAS will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. PODAGAS stores and processes Content on computers located in the United States that are protected by physical as well as technological security. No Warranty PODAGAS, PODAGAS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND PODAGAS’ SUPPLIERS PROVIDE PODAGAS’ WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PODAGAS, PODAGAS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PODAGAS’ SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PODAGAS SHALL CREATE ANY WARRANTY. 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. Liability Limit IN NO EVENT SHALL PODAGAS , AND (AS APPLICABLE) PODAGAS’  SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PODAGAS’ SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PODAGAS’ SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. PODAGAS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PODAGAS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PODAGAS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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. Indemnity YOU AGREE TO INDEMNIFY AND HOLD PODAGAS AND (AS APPLICABLE) PODAGAS’ 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. No Guarantee PODAGAS does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside PODAGAS’ control. Legal Compliance; Taxes You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any PODAGAS’ service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on PODAGAS’ net income). Severability If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect. No Agency You and PODAGAS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. PODAGAS Service PODAGAS reserves the right to modify or terminate the PODAGAS service for any reason, without notice, at any time. PODAGAS reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If PODAGAS makes a material change PODAGAS will notify you here, by email, by means of a notice on our home page, or other places PODAGAS deems appropriate. What constitutes a “material change” will be determined at PODAGAS’ sole discretion, in good faith, and using common sense and reasonable judgment.