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Who we are and what we do

myVendi is an Online Service Provider that allows members who want to buy goods or items ("Buyers") to find members who want to sell the same goods or items ("Sellers"). We are not involved in the actual transaction between Buyers and Sellers. Therefore, we have no control over the quality, safety or legality of the advertised items, the truth or accuracy of the listings, the ability of Sellers to sell items. We cannot ensure that a Buyer or Seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the Seller to the Buyer, and nothing in this Agreement shall modify the governing provisions of the Uniform Com. Code 2-401(2), under which the Seller transfers legal ownership of an item upon physical delivery of the item to the Buyer. If a Buyer does not find a matching item in the myVendi database, the Buyer can use our "FishNet" service to 'watch' for the item to become available. We will notify the Buyer when a matching item is subsequently added to our database.

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How to become a member?

To be a member of this Site, you must be 18 years old or older, a United States citizen or permanent resident, and you must have a valid credit card that we accept. You may only use the services if you can legally enter into and form binding contracts. For example, minors are not allowed to use the services. If you do not qualify, please do not use or try to use the services. We will not accept any request from you to buy or sell goods before you have registered with us. We consider registration necessary to help deter fraud. To register, you must provide your real name, address, phone number, and email address. Registration data is kept private in accordance with the terms of this Agreement and myVendi's Privacy Policy. Registration is free, unless you register with us as a Seller. In this case, we will confirm that your registration information is valid. Through our third-party secure credit card service (PayPal) we may charge a one-time verification fee of US$1.00 to your credit card. We will provide you with a member name and password to access the Site and use the Services. Member name and password data is kept private in accordance with myVendi's Privacy Policy. However, beyond the myVendi domain you are solely responsible for maintaining the security of your member name and password. You should not disclose your member name or password to any other person, because you are responsible for any action taken under your member name or password.

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How to list an item as a Seller?

A member who wants to sell an item, lists the item in the myVendi database. As part of the listing process, the Seller describes the item, assigns a price to it, lists the quality of the item in accordance with the Seller Pricing and Quality Rating Policy, and may upload a product image.

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Finding a matching item and issuing an offer as a Buyer

A member who wants to buy an item first scans the myVendi database for items listed by Sellers that match the Buyer's desired items. Once the Buyer finds a matching item, the Buyer notifies myVendi with an "offer" that the Buyer is willing to purchase the item at the listed price. This offer is made in the form of a completed purchase transaction in the myVendi shopping cart. When we receive an offer, we obtain an authorization from the Buyer's credit card equal to the listing price of the item(s), including applicable taxes and/or shipping charges. The authorization will remain on the Buyer's credit card until the sale is completed or the order is canceled.

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Notifying the Seller of the offer

Once we obtain an authorization from the Buyer, we notify the Seller of the Buyer's name and address, and we confirm to the Seller that the Buyer is willing to pay the Seller's price. The Seller must confirm the order within 2 business days. Upon confirmation, the Seller is expected to ship the item directly to the Buyer within 24 hours as stated in our Shipping Policy. However, if the Seller refuses the Buyer's offer or fails to confirm within 2 business days, then the offer is canceled and the Buyer is free to buy a similar item from someone else in the myVendi database.

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Completing the sale

Upon confirmation that the Seller is shipping an item, we charge the Buyer's credit card for the sale price of the item. At no time do we provide the Buyer's credit card information to the Seller. The credit card charge is paid to us, and the Seller is compensated for the sale according to the Seller Payment Policy.

After the sale, we ask our Buyers to rate Sellers according to our Seller Rating System Policy. We make this information available to all visitors and members of the Site.

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Your relationship to us

Permission. You grant myVendi permission to charge your credit card for the purchase of items (as a Buyer).

Grant of License. For the purpose of promoting and facilitating the sale and purchase of goods and items that you list for sale, you grant to myVendi a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site and on the sites of our marketing partners your descriptions of goods listed for sale and the ratings you have given describing the condition of the goods for sale.

Release. In the event that you have a dispute with one or more users, you release myVendi and our parent, officers, directors, agents, subsidiaries, legal representatives 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."

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Things we don't allow

Illegal Activity. You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site. You agree not to use or permit any one to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.

Fraud. We take fraud very seriously. It is a crime to purchase products with a false name or with the use of an invalid credit card (an invalid credit card is one that is created for the sole purpose of purchasing items illegally or using a credit card or its information, via theft or unauthorized use). It is also illegal to misuse the credit card charge back process to take advantage of myVendi. If you intend to use myVendi for fraudulent activities, be aware that we will actively pursue and prosecute fraud offenders to the fullest extent of the law. We have installed a lot of security measures and checks to protect our community. Although most fraud offenders are not aware that their web browser transmits a unique Internet address (also called IP Address) to us which can be used by law enforcement officials to identify and locate them. Whether it be in-state or across state lines, credit card fraud is a FEDERAL crime that is investigated by the FBI and prosecuted by the Department of Justice (if you don't believe us, just look it up for yourself). By mandate of law, we are required to report such abuses and we happily comply with that mandate. Fraud never pays on myVendi.

Stolen Property. The sale of stolen property on myVendi is strictly forbidden, and violates state, federal and international law. myVendi strongly supports law enforcement efforts to recover stolen property that is listed on its Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on myVendi.

Image Upload. By uploading images to myVendi.com you give myVendi the royalty-free rights to use this content for publication and modification. All uploaded images are reviewed by us. We have the right to ban images and users that do not follow myVendi's policies and/or these rules. You are not allowed to (a) upload images that in any way constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light, (b) upload images that in any way violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities, (c) upload images that are copyright to other websites or companies, (d) resell or distribute any file obtained from this website.

Promotional and Non-Promotional Material. The Buyer's name and address information is provided for the sole purpose of shipping the specific purchased product(s) and may not be used for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). You agree not to separately contact the Buyer beyond fulfillment of purchases through myVendi and/or not to include in your shipments to Buyers any promotional or other commercial material that is not provided or approved by myVendi. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than myVendi, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. myVendi strongly discourages you from including any materials in your shipment that are not provided or approved by myVendi. The inclusion of extraneous materials in a shipment may offend or annoy Buyers and may negatively affect your Seller rating. If myVendi receives a complaint relating to your shipments regarding extraneous materials we may take any action that we deem appropriate in our sole discretion, including without limitation issuing a warning, immediately terminating any pending sales, or immediately terminating your access to our service. You agree not to separately contact the Buyer beyond fulfillment of purchases through myVendi.

Packaging. Shipping your order properly helps to ensure that it arrives in the same condition that you represented it under on our website. Print out the order notification email we've sent to you, cut off the bottom portion and enclose it in your package to the Buyer. This serves as a reference and packaging slip. You may not insert any promotional or other commercial materials that are not provided or approved by myVendi. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than myVendi, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. In addition, you are strongly discouraged from including any materials in your shipment that are not directly related to the good being shipped and/or provided or approved by myVendi.

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What happens if we think you have broken our rules?

Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a good, the source of a good, your acquisition of a good, or the price you paid for a good.

Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion, including without limitation issuing a warning, or suspension or termination of service, [denying access, and removal of listings of items from, or recommending you edit a listing] if: (a) you breach this Agreement or the documents it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; (d) or we believe your conduct may cause legal liability for you, for other members, or for myVendi. You agree that payments owing to you for sales made through this Site may be suspended or delayed pending our investigation. myVendi is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this Agreement.

Disclosure of Information. Fraudulent conduct may be reported to law enforcement in accordance with our Privacy Policy, and myVendi will cooperate to ensure that violators are prosecuted to the fullest extent of the law. myVendi also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties.

Making Adjustments. You authorize us to withhold payment or charge your credit card accounts any amount you owe us if (a) a sale is canceled for any reason; (b) an adjustment is made under our Returns Policy; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; or (d) you otherwise owe us a specific amount. If any of those things happen, we may also deduct from any amount we owe you, the amount you owe us.

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Your warranties to us

For all goods you list as the Seller, you warrant that your descriptions of the goods accurately detail and describe the goods offered for sale. You represent and warrant that any information you provide to us, to other members, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage or interfere with any system, data or personal information.

You agree to indemnify and hold myVendi, and its parent, KHK Consulting LLC, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by myVendi, and its parent (if applicable), subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions.

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What we don't warrant (disclaimers of warranties and limitations of liability)

EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, myVendi PROVIDES THE SOFTWARE, SITE AND SERVICES ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. myVendi MAKES NO WARRANTY WITH RESPECT TO THE SOFTWARE, THE GOODS OR THE MANUFACTURER OF THE GOODS, OR WITH RESPECT TO THE SERVICES myVendi PERFORMS, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED, AND myVendi EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

myVendi EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT AND SPECIAL DAMAGES) THAT MAY RESULT FROM THE MANUFACTURE, SALE, DISTRIBUTION OR USE OF GOODS OR ITEMS.

myVendi'S LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY ONE ELSE IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) $100, AND (B) THE TOTAL DOLLAR AMOUNT OF ALL ITEMS YOU BOUGHT AND SOLD VIA myVendi IN THE 12 MONTHS PRIOR TO THE ACTION ALLEGEDLY GIVING RISE TO LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT BARGAINED FOR ALLOCATIONS OF RISK, AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATIONS OF RISK.

Some states do not allow the limitation of liability, so the foregoing limitations may not apply to you.

You agree that myVendi is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold myVendi, and its parent, KHK Consulting LLC, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by myVendi that arise out of any third party or governmental claim that involves, relates to or concerns (a) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (b) any dispute concerning the tax status of myVendi as a reseller of goods.

myVendi reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement.

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We own the intellectual property rights to our Site

You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "intellectual property") is and shall remain our sole property, and (ii) nothing in this Agreement shall confer in you any right of ownership or license rights in our intellectual property. In addition, you shall not now or in the future contest the validity of myVendi's intellectual property.

Copyright © 2001-2008, myVendi.com, a unit of KHK Consulting LLC. The Software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of myVendi or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of myVendi and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the Software or the content on the Site is strictly prohibited.

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Additional terms that affect our Agreement

Notices. Except as expressly stated otherwise, all notices to myVendi shall be sent to the email addresses provided on the Site (e.g.: info@myVendi.com). Our address is 20 Redbud Lane, Bakersville, NC, 28705-8623. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.

Governing Law; Arbitration. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, U.S.A, without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Bakersville, North Carolina, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. In the event we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Mitchell County, North Carolina, U.S.A.

Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire Agreement between the parties pertaining to the subject matter hereof and supersedes all prior Agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of myVendi, which we can refuse. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement.

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