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ZBESTOFFER.COM USER AGREEMENT AND TERMS OF SERVICE

Welcome to zbestoffer.com. The zbestoffer.com User Agreement (the "Agreement") is between you and zbestoffer.com, Inc. ("Company") with a principal place of business at One Suffolk Square, Islandia, New York 11749. Use of the zbestoffer.com Web site (the "Site") signifies your agreement to the terms and conditions of use set forth below.

(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the site.

(2) You can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended zbestoffer.com members.

(3) Company may monitor your use of the site, and may freely use and disclose any information and materials received from you or collected through your use of the site for any lawful reason or purpose.

(4) Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the site. All amended terms shall automatically be effective 30 days after they are initially posted on the site.

(5) Becoming a member of zbestoffer.com and making offers on items are free. When you list an item on the site, you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees, including any and all applicable taxes, associated with using our services on the site. Our Fees Policy is available at http://www.zbestoffer.com/pages/General/Fees.htm and is incorporated herein by reference. We may in our sole discretion, change some or all of our services at any time. In the event a new service is introduced, the fees for that service are effective at the launch of the service. Notwithstanding the foregoing, we may choose to temporarily lower our Fees Policy and the fees for our services for promotional events (for example, free listing days).

(6) zbestoffer.com is only providing a service. We are not involved in any transaction between any parties who use the site. We do not have control over the items that are posted on our site and cannot guarantee the authenticity and quality of a product. We do not guarantee the accuracy of information provided by other Users and made available through the site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people otherwise acting under false pretense.

(7) The site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the site are only for your personal, non-commercial use. All materials contained on the site are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the site. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual Contents copyright notice.

(8) Company may change, suspend or discontinue any aspect of the site at any time, including the availability of any site feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability.

(10) Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

(11) (a) If you make an offer and the offer is accepted, you are obligated to complete the transaction with the other party unless (i) the transaction is prohibited by law or this Agreement, (ii) the seller materially changes the item's description or the item does not conform to the seller's description, or (iii) a typographical error exists in the listing information. An offer to buy may be retracted at any time prior to acceptance for any reason.
(b) If you accept an offer, you are obligated to complete the transaction with the other party unless (i) the transaction is prohibited by law or this Agreement, (ii) the buyer materially modifies the terms and conditions of his offer, or (iii) a typographical error exists in the listing information. An offer to sell may be retracted at any time prior to its acceptance.

(12) Your profile includes transaction history information, comments from other users and level of service ranking information. Any action designed to undermine the system and to alter your profile or the profiles of others is strictly prohibited. Your profile information is intended solely to facilitate trading on zbestoffer.com and you agree not to export or market your profile information or the profile information of other users in any other venue.

(13) Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site.

(14) You represent, warrant and covenant that: you shall not upload, post or transmit to or distribute or otherwise publish through the site any materials which (i) restrict or inhibit any other user from using and enjoying the site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.

(15) You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.

(16) zbestoffer.com contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of zbestoffer.com. Links to and from the site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.

(17) Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the site. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site.

(18) Company does not and cannot review all materials posted to the site by users, and Company is not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement.

(19) ZBESTOFFER.COM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

(20) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the site, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

(21) You acknowledge that transmission to and from the site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement.

(22) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK.

(23) This Agreement constitutes the entire agreement between Company and you with respect to your use of the site. Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Interact site.