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Your User Agreement
<br />Page 5 of 7
<br />SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WI7H
<br />WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, �
<br />SUBSIDIARIES,OFFICERS, DIRECTORS, EMPLOYEESAND OUR SUPPL
<br />SPECIFICALLY DISCLAIMANY IMPLIED WARRANTIESOF TITLE, MERCF
<br />FITNESS FOR A PARTICULAR PURPOSEAND NON-INFRINGEMENT.Sor
<br />not allow the disclaimerof implied warranties, so the foregoing disclaimerma�
<br />you. This warranty gives you specific legal rights and you may also have othe+
<br />that vary from state to state.
<br />1�. LiabilityLimit.
<br />IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
<br />OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
<br />OR CONSEQUENTIALDAMAGES ARISING OUT OF OR IN CONNECTION
<br />SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCL
<br />NEGLIGENCE).
<br />OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS,
<br />EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN AN'
<br />CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF
<br />PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
<br />AND (B) $100. Some States do not allow the exclusion or limitation of inciden•
<br />consequential damages, so the above limitation or exclusion may not apply to
<br />1 � Indemnity.
<br />You agree to indemnify and hold us and (as applicable) our parent, subsidiarit
<br />officers, directors, agents, and employees, harmless from any claim or deman
<br />reasonable attorneys' fees, made by any third party due to or arising out of yo
<br />this Agreement or the documents it incorporates by reference, or your violatioi
<br />the rights of a third party.
<br />1d. Legal Compliance.
<br />You shall comply with all applicable domestic and international laws, statutes,
<br />and regulations regarding your use of our service and your bidding on, listing,
<br />solicitation of offers to purchase, and sale of items.
<br />15. No Agency.
<br />You and eBay are independent contractors, and no agency, partnership, joint
<br />employee-employeror franchiser-franchisee relationship is intended or create
<br />Agreement.
<br />1$• Notices.
<br />Except as explicitly stated otherwise, any notices shall be given by postal mail
<br />Legal Department2145 Hamilton Ave., San Jose, CA 95125 (in the case of el
<br />email address you provide to eBay during the registration process (in your ca:
<br />shall be deemed given 24 hours after email is sent, unless the sending party i;
<br />the email address is invalid. Alternatively, we may give you notice by certified
<br />prepaid and return receipt requested, to the address provided to eBay during .
<br />process. In such case, notice shall be deemed given 3 days afterthe date of r
<br />1�. Resolution of Disputes. I n the event a dispute arises between you and eBay, s
<br />provide you with a neutral and cost effective means of resolving the dispute qi
<br />Accordingly, you and eBay agree that any claim or controversy at law or equit
<br />out of this Agreement or our services ("Claims") shall be resolved in accordan
<br />the subsections below or as otherwise mutually agreed upon in writing by the
<br />resorting to these alternatives, we strongly encourage you to first contact us d
<br />a resolution and we will consider reasonable requests to resolve the dispute tf
<br />alternative dispute resolution procedures, such as mediation, as an alternative
<br />17.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or ot
<br />reliefl where the total amount of the award sought is less than $10,000, you �r
<br />elect to resolve the dispute through binding arbitration conducted by telephon�
<br />and/or based solely upon written submissions where no in-person appearance
<br />In such cases, the arbitration shall be administered by the American Arbitratio
<br />or JAMS in accordance with their applicable rules, or any other established �iG
<br />mutually agreed upon by the parties. Any judgment on the award rendered by
<br />may be entered in any court having jurisdiction thereof.
<br />17.2 Court. Alternatively, any Claim may be adjudicated by a court of competf
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