Ex-Cessories - Don't Get Mad... Break Even

1. Acceptance of Terms

Any person accessing, browsing, framing, using and/or linking to EX-CESSORIES.COM (the “Site”), either manually or via automated device, shall be deemed a “User.” All Users are subject to and agree to be bound to this Agreement when using the Site. EX-CESSORIES reserves the right to remove or refuse any item at its sole discretion.

2. Privacy

You agree that you have read and understand the terms of EX-CESSORIES Privacy Policy, which is incorporated herein. This governs the collection, use and sharing of personal and non-personal information from you when using the Site.

3. Content License

When you give us content, you grant us 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 known now or in the future.

4. Fees and Services

Accessing and purchasing at EX-CESSORIES.com is free. A flat five dollar ($5.00) fee is charged for listing items on the Site as well as an appraisal fee if seller chooses to appraise their item with EX-CESSORIES.com. The commission structure for items sold by EX-CESSORIES.com is 8% for items $50-$250, 6% for items $250.01-$500, and 5% for items $500.01 and over. The commission structure for items sold by individual sellers is 4%. When you list an item you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to any fees are effective after we provide you with at least fourteen days’ notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. For further questions contact us at info@excessories.com.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or you account is past due, we may collect fees owed using other collection mechanisms. (This includes other payment methods on file with us, retaining collection agencies and legal counsel).

5. Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.

6. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

7. Links to Other Websites

Any links to other websites are provided merely as a convenience to the Users of this Site. EX-CESSORIES has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

8. Governing Law

This agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of Louisiana, exclusive of its conflict of laws rules and matters affecting copyrights, trademarks and patents under the U.S. Federal law.

9. Choice of Forum

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the Courts of the State of Louisiana and of the United States of America located in the State of Louisiana for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such Courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Louisiana Courts and agree not to plead or claim in any Louisiana Court that such litigation brought therein has been brought in an inconvenient forum.

10. No Warranties

The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. EX-CESSORIES does not make any express or implied warranties, representations or endorsements whatsoever (including, but not limited to, warranties of title on non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site content, any services provided through the Site or on the internet generally. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you, EX-CESSORIES does not warrant the Site or services will be uninterrupted or error-free or that defects in the Site will be corrected.

11. Limitation of Liability

Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site or providing content, products or services through the Site be liable for any direct , indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (I) the use of or inability to use the Site (II) the cost of procurement of substitute merchandise and services resulting from any merchandise, data, content or services purchased or obtained or transactions entered into through or from the Site; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements, warranties, guarantees or conduct of EX-CESSORIES or any third party on the Site, or (V) any other matter relating to the use of the Site.

You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Site. In no event shall EX-CESSORIES total cumulative liability under these terms exceed the lesser amount of any fees paid to EX-CESSORIES, if any, by you or $1.00. Some states may not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the least amount permitted by law. The limitations provided in this agreement inure to the benefit of EX-CESSORIES, our affiliates, and to all of our respective officer, directors, employees, attorneys, and agents.

12. User Feedback

Should any User respond to EX-CESSORIES or any of its employees, agents, or others through the Site, via e-mail or otherwise, with any information including but not limited to feedback, questions, requests, opinions, comments, suggestions or the like, such information shall be deemed non-confidential and EX-CESSORIES shall have no obligation of any kind with respect to this information. EX-CESSORIES shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.

13. Account Obligation

Certain sections of the Site require that you register by providing particular information including a user name and password. You agree to (i) provide accurate and current information about yourself as prompted by the Site (the “Registration Information”); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and to decline to permit your continued use of the Site, future access to the Site, or any activities related to your registration and account.

You are responsible for maintaining the confidentiality of your user name and password (collectively, “Account Information’) and are fully responsible for all activities that occur under you Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately or any unauthorized use of your Account Information or any breach of security. EX-CESSORIES shall not, in any manner, be responsible or liable for fraudulent purchases, requests or other transactions that are made using your compromised Account Information.

14. Updates and Modifications

In its sole discretion EX-CESSORIES may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms shall be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at info@excessories.com.

15. Termination

EX-CESSORIES may immediately issue a warning, suspend or terminate your access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.