1.1 This User Agreement is a legally binding agreement between you and eCRATER. If you do not agree to the Terms, do not access, browse or use the Website.
1.2 eCRATER may amend the Terms from time to time without notice to you.
2.1 Access to the Site is provides to all users free of charge.
2.2 eCRATER, in its sole discretion, may terminate your license to use the Website for any reason without prior notice to you. You acknowledge and agree that eCRATER may immediately bar your further access to the Website. eCRATER will not be liable to you or any third party for any termination of your access and/or use of the Website.
3. Posting Information on eCRATER
3.1 You must be a Registered User in order to post information on the Website.
3.2 Basic requirements
- All texts must be in English
- All prices must be in US dollars and >= $0.2
- The sellers must be able to ship throughout the United States.
3.3 Content requirements
- Do not include promotional or boilerplate text in your product titles and descriptions. All text should directly describe the product. Texts related to shipping or store policies must not be included.
- Do not invite the users to pay through payment methods not supported by eCRATER.
- Do not upload logo images or other generic images such as "image not available" images for your products.
3.4 What is not allowed to post?
- Body parts & organs
- Pirated materials and products
- Copyrighted Materials (images & texts)
- Counterfeit Designer Items (replicas or imitation of designer products)
- Fake Documents
- Illegal Goods and Services
- Personal Information about another individual
- Prescription Drugs
- Currency Exchanges
- The same or very similar content several times (even in different categories or related stores)
- Meaningless title & description
- Test items unless your store is put on-hold
- Free items and items with prices that are not "real"
- Items that are not for sale
- Pre-order items
- Firearms & ammunition
- Tobacco and cigars for smoking
- Live animals
- Mod chips or mod chips accessories
3.5 All products from affiliate websites will receive lower rank in eCRATER searches and categories in the main eCRATER marketplace. Affiliate website is a website provided with products, images and texts from another company to sell their products. Dropshippers and distributors are considered as affiliate too.
3.6 eCRATER reserves the right in its sole discretion to remove any material displayed on the Website which it reasonably believes is unlawful, could subject eCRATER to liability, violates this Agreement or is otherwise found inappropriate in eCRATER's opinion. In connection with any of the foregoing, eCRATER may suspend or terminate the Account of any user as eCRATER deems appropriate in its sole discretion.
4. Transactions between Buyers and Suppliers
4.1 Through the Site, eCRATER provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. eCRATER does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, eCRATER does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
4.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. eCRATER uses several techniques to verify the accuracy of the information our users provide us when they register on the Website. However, because user verification on the Internet is difficult, eCRATER cannot and does not confirm each user's purported identity. We encourage you to use common sense, to evaluate with whom you are dealing.
4.3 Each user acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each User agrees that eCRATER shall not be liable or responsible for any damages that may arise a result of or in connection with any Transaction Risks.
We do not release your personal information to third parties. However, eCRATER may disclose the User's identity and contact information, if we suspect that the seller created fraudulent store, or if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and eCRATER shall not be liable for damages or results thereof and User agrees not to bring any action or claim against eCRATER for such disclosure.
6. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. eCRATER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.
7. Limitation of Liability
YOU AGREE THAT eCRATER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE.
8. Governing Law
This Agreement shall be interpreted and construed according to, and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction. You agree to submit to the exclusive jurisdiction of the courts located within the county of Orange, California to resolve any legal matter arising from the terms.