Terms and Conditions

The Data Center Trade Web site and related services are made available to you in accordance with the following Terms and Conditions and any other rules and regulations at http//www.DataCenterTrade.com (the “Site”). Upon registration, the user warrants that they have read and understand the terms and conditions and other referenced rules and regulations, and that such terms, conditions, rules and regulations shall govern your use of DataCenter Trade.com.

SERVICE OFFERED

Data Center Trade is an online marketplace focusing exclusively on data center parts, components and services.

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

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:

for any unlawful purpose
to solicit others to perform or participate in any unlawful acts
to violate any international, federal or provincial regulations, rules, laws, or local ordinances
to infringe upon or violate our intellectual property rights or the intellectual property rights of others
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
to submit false or misleading information
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
to collect or track the personal information of others
to spam, phish, pharm, pretext, spider, crawl, or scrape
for any obscene or immoral purpose
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
We reserve the right to terminate your use of the site or any related website for violating any of the prohibited uses.

ELIGIBILITY

In order to use our services you must be at least 18 years old and you must have the capacity to enter a legally binding contract in accordance with applicable laws.

REGISTRATION

You must register with Data Center Trade before you can bid or sell on our Site. All information provided must be true and complete and you agree to update and maintain the accuracy of your registration details.

Users of the Web site are permitted to create and use only one (1) registered account at any given time. If you no longer wish to use your current account and would like to create a new account, you must first delete your current account by contacting Data Center Trade.

All members are responsible for all actions taken under their user ID and password and shall only use the Site with their own User ID and password. You should not disclose your password to any other person. Data Center Trade will not be responsible for any loss or damage caused by unauthorized account access resulting from your actions such as not logging out or sharing your password.

FAIR PRACTICES

All members are required to act with honesty and integrity. Members may not take any actions that amount to interference, interruption or manipulation of the site, auction system or other members. Prohibited actions include, but are not limited to:

bidding on an item which you have listed for sale
encouraging another member to bid on your item to artificially increase the bid level
contacting a bidder in order to dissuade them from bidding for an item
making bids/purchases using a false User ID
falsely or inaccurately describing an item you have listed for sale or auction
encouraging a Site member to conclude a sale off site if the auctions is still active or has been won by another member
spamming our site with listings that are contrary to our Terms and Conditions and listing rules
If we suspect that a member has initiated or been involved in any such activity, we have the right to terminate your account and take any actions deemed appropriate.

BIDDING AND BUYING

Before bidding, it is your responsibility to ensure the item is right for you. You can contact the Seller to ask questions about any item by using the contact link on the listing page.

Your bid is your contract. Where a member places a bid for an item, that member implicitly states that they are able to pay and that they intend to pay for the item should their bid be successful.

You may not withdraw a bid.

See the Site’s FAQs page for additional details on bidding. By bidding on an auction, you agree you have read, understand and agree to abide by all terms and conditions found herein and additional rules and regulations on the Site’s FAQs page, Returns Policy and other referenced documents.

SELLING

You warrant that your descriptions of the products you list for sale or auction are fully, accurately and truthfully detailed and described and they do not infringe on any third party’s copyright, patent, trademark, trade secret and rights of publicity or privacy. You also warrant that any and all items you list for sale or auction are not counterfeit or stolen.

Full details regarding our listing rules and regulations can be found on the Site’s FAQs page.

Where an item has been purchased by using the “Buy Now” option, or where the auction for an item has been closed and bids have been placed (exceeding the starting price set by the seller), the seller is obligated to complete the transaction with the member noted as the winning bidder or Buy Now purchaser.

We ask our members to be considerate when listing items and to be sure you are offering good quality (or better) and great value. In order to make our site an enjoyable experience for all, we review all listings and reserve the right to request that a member revises or deletes any listing as we see fit. Any member who is deemed to be spamming our site with unsuitable listings may have their membership limited or revoked.

Data Center Trade does not warrant or guarantee that any item will sell nor what it might sell for. By posting an item for auction, you agree that any decisions made regarding listing and pricing (Buy Now and Starting Price) was yours solely and that no representation of expected results was made by Data Center Trade or any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees.

It is your responsibility as a seller to be fully aware of your tax obligations. We recommend you seek consultation with an independent tax advisor and/or local tax authority if you are uncertain what laws and regulations apply to you.

See the Site’s FAQs page for additional details on selling. By listing an item for auction or sale, you agree you have read, understand and agree to abide by all terms and conditions found herein and additional rules and regulations on the Site’s FAQs page, Returns Policy and other referenced documents.

PAYMENTS

Payments between members: Data Center Trade’s members pay each other directly, via PayPal, on our Site. Data Center Trade is in no way responsible for payments between members.

Payments to Data Center Trade: Fees to Data Center Trade may include fees for listings, end of sale commission and subscription fees.

It is your responsibility to review and understand how the PayPal service works and the fees that may apply to your use of their service. Please review the PayPal Web site for full details.

Additional details on payment for purchases and fees can be found on the Site’s FAQs page. By placing a bid, you agree you have read, understand and agree to abide by all terms and conditions found herein and additional rules and regulations on the Site’s FAQs page and other referenced documents.

PERSONAL INFORMATION AND PRIVACY

Personal information is any information that a member provides to Data Center Trade and other members of the Site. This includes but is not limited to your membership details, feedback, messages, listings and bids.

Members must ensure that the information they provide is honest, accurate and fully compliant with all laws including the intellectual property rights of others. Such information shall not contain any viruses or other malicious computer programming routines and shall not link to any other website.

It is your responsibility to monitor how, where and to whom you provide personal information. You agree not to place any personal information including but not limited to addresses, phone numbers, passwords or email addresses in the comments field of any product listing.

You may only use the personal information of other members obtained through the site for genuine Data Center Trade related purposes. You may only use such information in accordance with the law.

The use of personal information by Data Center Trade is regulated by our Privacy Policy. Your use of our Site and acceptance of these Terms and Conditions entitles us to assume you have read, understand and agree to the Privacy Policy.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. While we use all reasonable endeavors to make our services and website available, we cannot guarantee that they will operate continuously or without interruptions. The site and services are provided on an “as is” basis and “as available” basis. Data Center Trade will not be held liable for any damages occurring due to technical issues such as, system outage, Web site malfunctions, missing or lost data, troubleshooting, constant and uninterrupted availability, or any other type of errors. We reserve the right to repair these issues in a timely manner without being held responsible or liable for any inconvenience or damage this may cause. We also reserve the right to cancel any winning auctions or listings due to technical errors on the site.

Data Center Trade reserves the right to modify or discontinue the Site or any part of the Site with or without notice. 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, for any reason.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied.

In no case shall Data Center Trade, any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service.

Any disputes between members of Data Center Trade are to be settled without recourse to Data Center Trade and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees. We are released from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Data Center Trade and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

NON OBSERVANCE OF TERMS AND CONDITIONS

These Terms and Conditions are effective unless and until terminated by either you or Data Center Trade. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.

We ask our members to report any possible violations of our policies and we may investigate such complaints. You agree to cooperate fully with such investigations. You also agree that Data Center Trade may report any activity that it suspects violates any law or regulation to the appropriate law enforcement officials or other relevant third parties.

If, in our sole judgment, you fail to comply with any term or provision of these Terms and Conditions, we may, at any time and without notice, take any action we deem appropriate including, without limitation, issuing a warning, suspending or terminating service, removing a listing or requesting you edit a listing or provide other information as deemed necessary. If this agreement is terminated by Data Center Trade due to breach of agreement, it will be terminated without a refund of any fees paid and you will remain liable for all monies due up to and including the date of termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by and constructed in accordance with the laws of the county of San Bernardino, State of California, United States of America and any disputes are to be resolved by on arbitrator, in binding arbitration, to be held in San Bernardino County, CA.

NOTICES

Except as otherwise stated, any notices that you wish to send to Data Center Trade should be made via email. Any notices that we may wish to draw to your attention will be displayed on the Site or will be sent to the email address registered under your account.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Site or Service constitutes the entire agreement and understanding between you and Data Center Trade and govern your use of the site and service, superseding any prior agreements between you and Data Center Trade or any statements made to you by any person including (without limitation) any of our employees or agents.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. We will give you reasonable advance notice of any significant amendments to these Terms and Conditions. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

CONTACT US

Data Center Trade welcomes your questions or comments regarding the Terms by contacting us.