EDCads User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH EDCADS OFFERS YOU ACCESS TO OUR SERVICES. BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.

Welcome to EDCads User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at EDCads.net. By clicking the "I Accept" button, you accept the terms and conditions of this Agreement.  If you do not accept these terms and conditions, you are not authorized to use EDCads.net services.  If you have any questions please contact EDC ComputerS, Inc.

We may amend this Agreement at any time by posting the amended terms on our site at http://www.edcads.net/agreement.html We will automatically send you an email (to the email address you give us) whenever we amend this Agreement.  The amended terms shall automatically be effective 24 hours after we send you an email (irregardless whether you receive the email).   This Agreement may not be otherwise amended except in a writing signed by both parties.  This agreement was revised on February 17, 2003.

  1. Eligibility for Membership. Our services are available only to individuals or duly organized entities who can enter into legally binding contracts under applicable law.   If you live in a state or jurisdiction which does not allow a disclaimer of implied warranties (see paragraph below), or a limitation of liability (see paragraph below), you are not eligible for membership.  Without limiting the foregoing, our services are not available to minors.  If you do not qualify, please do not use our services.   EDCads may refuse our services (such as, but not limited to listings, and viewing of listings) to anyone at any time, in our sole discretion.
  2. Fees.  Joining EDCads is free.  Our then-current Fees and Credit Policies for using the services of EDCads are available at http://www.EDCads.net/fees.html, and are incorporated herein by reference.  Unless otherwise stated, all fees are quoted in U.S. Dollars.  You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to use or access our services.   We may in our sole discretion add, delete or change some or all of our services at any time.
  3. EDCads is Only a Venue.  Our site acts as the venue for sellers to list items for sale and for buyers to view the listings and advertisements placed by sellers.   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 items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.  We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they agree to purchase.  In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. 

    4. Because user authentication on the Internet is difficult, EDCads cannot and does not confirm that each user is who they claim to be.  Therefore, you must be careful in dealing with other users to avoid fraud.  We also encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing. Please practice safe trading.

    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 release EDCads (and our 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.  You specifically waive any applicable statute regulation or ordinance of the state or jurisdiction in which you live which for any reason limits the scope of this general release.

    For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system.  By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.  We expect that you will use caution -- and common sense -- when using our site.  You release EDCads (and our agents and employees) from claims, demands or 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 the existence of such information on our site.

  4. Bidding and Buying. If you offer to purchase an item (a product or service) and your offer is accepted by the seller, you are obligated to complete the transaction.
  5. Listing and Selling. Listings are text descriptions, graphics and pictures on EDCads's web site supplied by you that describe the item (product or service) you are listing to sell.

    Without limiting any other remedies, EDCads may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

    Your listings must not infringe upon the copyright, trademark or other rights of third parties. Without limiting other remedies, EDCads may suspend or terminate your account if you infringe third party intellectual property rights.

    EDCads reserves the right at its sole discretion, to determine what is appropriate for a listing. Without limiting other remedies, EDCads will suspend or terminate your account for a listing (a graphic, photo, logo and/or text description) that EDCads regards as in bad taste. Listing of "Adult" materials, regardless how legal, is not allowed. If you have any questions as to what EDCads regards as in bad taste, Contact EDC ComputerS, Inc. Of course, listing anything that is illegal for you to list, or for a viewer to see, is not allowed and without limiting other remedies, EDCads may suspend or terminate your account if you do so.

  1. Your Information. Your information includes any information you provide to us or other users during the registration or listing process, in any public message area or through any email feature (defined herein as "Your Information"). With respect to Your Information:

    2. 6.1 You are solely responsible for Your Information, and we 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 us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

    6.2 Your Information and your items for sale on EDCads: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain pornography; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or per-sonal information; (g) shall not be, for any other reason, inappropriate for listing, as determined by EDCads at its sole discretion, and (h) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.  Furthermore, you may not post on our site or sell through our site any: (i) item that, could cause us to violate any applicable law, statute, ordinance or regulation.

    6.3 Solely to enable EDCads to use Your Information you supply us with, 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 (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.

  2. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the EDCads site or any information on our site.  You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.  You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
  3. Breach. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current auctions, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
  4. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE EDCADS WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  If you live in a state or jurisdiction which does not allow a disclaimer of implied warranties, you are not eligible for membership (see paragraph 1).
  5. Limit of Liability.  IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

    6. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.  If you live in a state or jurisdiction which does not allow a limitation of liability you are not eligible for membership (see paragraph 1).

  6. General Compliance with Laws.  You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and sale of items.
  7. No Agency.  You and EDCads are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  8. Notices.  Except as explicitly stated otherwise, any notices shall be given by Contacting EDC ComputerS, Inc. (in the case of EDCads) or to the email address you provide to EDCads during the registration process (in your case), or such other address as the party shall specify. 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 EDCads during the registration process.  In such case, notice shall be deemed given 3 days after the date of mailing.
  9. General. This Agreement shall be governed in all respects by the laws of the State of Minnesota as such laws are applied to agreements entered into and to be performed entirely within Minnesota between Minnesota residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
  10. Arbitration.  Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration conducted in Benson, Minnesota.   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 decision from such arbitration may be entered into any court having jurisdiction thereof.  Either you or EDCads may seek any interim or preliminary relief necessary to protect the rights of property of you or EDCads pending the completion of arbitration from the District Court, Swift County, Benson, Minnesota.
  11. Disclosures.  The services hereunder are offered by EDCads, which is owned by: EDC ComputerS, Inc., located at 716-11th Street South, Benson, MN 56215. You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.  This information is also located at http://www.EDCads.net/agreement.html.   Fees for our services are described at http://www.EDCads.com/fees.html.