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Terms & Conditions (User Agreement

TERMS AND CONDITIONS
THIS TERMS AND CONDITIONS ("Terms and Conditions") IS A LEGAL AGREEMENT BETWEEN YOU AS A USER (“USER”) AND THE OWNERS AND OPERATORS DESCRIBED BELOW.  THE TERMS AND CONDITIONS GOVERNS THE USE OF THE WEBSITE AND PROGRAM BY USER AS DESCRIBED BELOW, INCLUDING THE ONLINE AND OFFLINE ASPECTS OF THE WEBSITE AND PROGRAM. USER REPRESENTS AND WARRANTS THAT USER HAS AUTHORITY TO, AND DOES, AGREE TO THIS AGREEMENT.  USER REPRESENTS AND WARRANTS THAT USER HAS CAREFULLY READ THE TERMS AND CONDITIONS. The parties agree as follows:

By clicking “I AGREE”, or by continuing to use this website (http://www.northganow.com/tradingtime)  (“Website”), or by submitting goods or services for sale (“Products”) to the cable television program known as “Trading Time” (“Program”), or by purchasing Products through the Website or the Program, User agrees to be bound by and become a party to the Terms and Conditions as follows, in consideration of the owners and operators of the Website and the Program (“Owners and Operators”) considering your Products for inclusion in the Program or Website or permitting your use of the Program or Website for the purchase of Products. If you do not agree with the Terms and Conditions, click the “do not accept” button and do not use the Website or sell or purchase pursuant to the Program.

 1.  Disclaimer.  You represent and warrant that: (a) you have read all of these Terms and Conditions, (b) that you agree to all of these Terms and Conditions, and (c) that the following Disclaimer appeared on the television screen of the Program and on the Website first page:

DISCLAIMER: ALL SELLERS AND PURCHASERS AGREE TO THE TERMS AND CONDITIONS SET FORTH ON THE PROGRAM’S WEBSITE (http://www.northganow.com/tradingtime).

2.  Rejection of Products.  You agree that the Website and Program are not obligated to accept or include any of the Products that you propose and that the Program can in its sole discretion decide not to include or to discontinue any Products for any or no reason at any time. You agree that the Owners and Operators are entitled to refuse to include or to discontinue any Products that they, in their sole discretion, decide to exclude or discontinue.

3.  Sales Only Between Sellers and Buyers.  If any of your Products are included in the Program or are included in the Website, or if you purchase any Products then in either case you agree that the Owners and Operators of the Website and Program, and their employees, officers, directors and contractors, are not responsible or liable for any responses, sales, payments, transactions, defects, injury, or damages of any kind that arise from such inclusion or sale.

4.  Indemnity.  User indemnifies and, at their expense, shall defend and hold the Owners and Operators, and their employees, officers, directors, and contractors, harmless from any and all costs, liabilities, and expenses (including without limitation attorney fees and court costs) that arise from the inclusion of your Products in the Website or the Program.  In addition, User shall, at their expense, defend, indemnify, and hold harmless Owners and Operators (and their employees, officers, directors, suppliers, licensors, contractors, and agents) from and against any and all claims, actions, suits, demands, obligations, and proceedings of any kind threatened, asserted, or filed against Owners or Operators (or their employees, officers, directors, suppliers, licensors, contractors, and agents) by User or any third party (collectively the "Claims"), and any and all damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, witness fees, and court costs) incurred in connection with the Claims, arising out of or relating to (a) use of the Content by User; (b) breach by User of the Terms and Conditions; and (c) any infringement or violation or alleged infringement or violation of any copyright, trademark, trade secret, contract, or any other confidentiality or intellectual property right by User.  Owners and Operators shall: (a) provide User reasonably prompt notice in writing of any such Claim; (b) provide User information, assistance, and authority, at User’s expense, to help User to defend such Claims; and (c) have the right to approve the counsel selected by User for defense of the Claims.  User will not have any right, without Owners’ and Operators’ written consent, to settle any Claim if such settlement arises from or is part of any criminal action, suit, or proceeding or contains a stipulation to or admission or acknowledgment of, any liability, infringement, blame, or wrongdoing (whether in contract, tort, or otherwise) on the part of Owner or Operator or otherwise requires Owner or Operator to take or refrain from taking any material action (such as the payment of fees).

5.  Compliance With All Laws.  User shall comply with all federal, state, and local statutes, laws and regulations in the advertising and sale of any Products.  In particular, you agree not to discriminate on the basis of race, gender, national origin, ancestry or ethnicity. You represent and warrant that there is no discriminatory purpose in advertising the Products on the Program.  In choosing the purchaser of any of your Products you shall comply with all applicable statutes, laws and regulations.  User shall not interfere with or disrupt the Website or use of the Program to sell or purchase Products, or disobey any requirements, procedures, policies or regulations of the Website or the Program.

6.  Protection against Unauthorized Use.  User shall prevent any unauthorized use of the Website and Program.  User shall immediately notify the Owners and Operators of any unauthorized use that comes to User’s attention.  User will cooperate and assist with any actions taken by Owners and Operators to prevent or terminate unauthorized use of the Service.

7. Termination.  User agrees that Owners and Operators may, with or without cause, terminate User’s access to the Website or use of the Program to sell or purchase Products at any time and without any reason without prior notice.

8.  Information Provided. User shall be responsible solely at its own risk for choosing how to use any information posted or transmitted through the Website or the Program (“Content”).  Owners and Operators are not responsible for determining if the Content is correct.  User shall not rely on the Content without further checking to determine if it is accurate. User shall not assert any claims against Owners or Operators for any defects, errors or omissions in any Content or Products.

9.  User Restrictions.  User agrees not to take any action that interferes with the proper working of or places an unreasonable load on the Website or the Program. 

10.  Disclaimer of Warranties

USER UNDERSTANDS AND AGREES THAT THE CONTENT, PRODUCTS, WEBSITE, AND PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SHALL NOT BE RELIED UPON IN MAKING PURCHASE DECISIONS. OWNERS AND OPERATORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWNERS AND OPERATORS MAKE NO WARRANTY THAT (a) THE CONTENT, PRODUCTS, WEBSITE OR PROGRAM WILL MEET USER’S REQUIREMENTS, (b) THE CONTENT, PRODUCTS, WEBSITE, OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT, PRODUCTS, WEBSITE, OR PROGRAM WILL BE ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY CONTENT OR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE WEBSITE OR PROGRAM WILL MEET YOUR EXPECTATIONS OR BE ACCURATE.

11.  Disclaimer of Damages.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS TERMS AND CONDITIONS, OWNERS AND OPERATORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO USER OR ANY OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, PROGRAM, SALES, OR PRODUCTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PENALTIES OR LOSS OF BUSINESS, EVEN IF OWNER OR OPERATOR IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

12.  Cap on Liability.  UNDER NO CIRCUMSTANCES WILL OWNERS’ OR OPERATORS’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THE WEBSITE OR PROGRAM (INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $100.

13.  Independent Allocations of Risk.  EACH PROVISION OF THIS TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS BETWEEN THE PARTIES.  THIS ALLOCATION IS REFLECTED IN THE FREE PRICING OFFERED BY OWNERS AND OPERATORS TO USER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.  EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS.  THE LIMITATIONS IN SECTIONS 10, 11, 12 AND 13 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14.  Governing Law.  The Terms and Conditions between User and Owners and Operators will be governed by and construed in accordance with the laws of the State of Georgia without regard to conflict of laws principles.  Any controversy or claim arising out of or relating to the Website or Program or the Terms and Conditions must be commenced within one year after the claim arose.

15.  Waiver.  The waiver by any party of any breach does not waive any other breach.  The failure of any party to insist on strict performance of any covenant or obligation will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation.

16.  Severability.  This Terms and Conditions will be enforced to the fullest extent permitted by applicable law.  If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Terms and Conditions will continue in full force and effect.  This Terms and Conditions will be construed as though all parties had drafted it.

17.  Entire Agreement.  This Terms and Conditions are the final and complete expression of the agreement between these parties regarding the Content, Products, Website and the Program.  This Terms and Conditions supersede, and the terms of this Terms and Conditions govern, all previous oral and written communications regarding these matters, all of which are merged into this Terms and Conditions.  No employee, agent, or other representative of Owners or Operators has any authority to bind Owners or Operators with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in this Terms and Conditions.  No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of this Terms and Conditions. The Website, the Program, and this Terms and Conditions can be changed by Owners and Operators at any time by Owners and Operators posting the changes on the Website.  If User continues using the Website or Program after notice of the change is posted and available at the Website then User have agreed to the changes.  Otherwise, this Agreement may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought.  Owners and Operators will not be bound by, and specifically objects to, any term, condition, or other provision that is proffered by User in any receipt, acceptance, confirmation, correspondence, or otherwise, unless Owners and Operators specifically agree to such provision in writing and is signed on paper by an authorized officer of Owners and Operators.



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