ISBX Internet Satellite Broadcast Exchange
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Terms of Use

The following is a legally binding contract between me and ISBX, Inc. and governs my use of the ISBX website, its content and services and my account with ISBX.

By establishing an ISBX account, conducting account transactions or continuing to use the ISBX website, I am accepting and agreeing to abide by all of these Terms and Conditions and Privacy Policy posted on the ISBX website.

If you do not agree with any of these Terms and Conditions or find any of them to be unacceptable, do not continue with the membership enrollment and simply leave the ISBX website.

In this Agreement, "I", "me", "my" and "we", "us", "our" refer to the individuals, corporations or parties who are the account owners, have an interest in the account(s), and consent to be bound by the terms of this Agreement. "ISBX" refers to ISBX, Inc., its employees, representatives, officers, directors, agents, successors and assigns.

We may amend this Agreement at any time by positing the amended terms on the ISBX website. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the ISBX website. In addition, we will notify you using your primary contact information you have provided ISBX. This Agreement may not be otherwise amended except in a writing signed by you and ISBX. This Agreement is effective upon acceptance in member registration.

Membership Eligibility

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended ISBX members. If you do not qualify, please do not use our website. Further, your ISBX account (including feedback) and Member ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Fees and Services

Joining and bidding on items at ISBX is free. We do charge a fee to members whose intent is to utilize our Inventory Management System without intending to generate any sales transactions through our website. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the website. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the website. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the website and all applicable taxes.

ISBX is a Venue

ISBX is not an Auctioneer. Instead, ISBX acts as a venue to allow anyone to offer, sell, and purchase satellite communication services, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction.

Fixed Price Marketplace. We also offer you the availability to purchase services at a fixed price on our website. This area is a venue that allows members to find and purchase services from other members at a fixed price.

Inventory Management System. We offer this system free of charge to our members whose intent is to sell their listed services through our website. Once a service has been entered into our Inventory Management System, you are bound by the Terms and Conditions, Privacy Policy, and any other written signed agreement between you and ISBX. Use of the Inventory Management System other than to drive sales transaction through our website is permitted only if there is a written signed agreement between you and ISBX that permits such activities.

Identity Verification. We use many techniques to verify the accuracy of the information our members provide us when they register on our website. However, because user verification on the Internet is difficult, ISBX cannot and does not confirm each member's purported identity. Thus, we have established a member-initiated rating system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our website. You may also wish to consider using a third party escrow service or services that provide additional member verification.

Release. Because we are a venue, in the event that you have a dispute with one or more members, you release ISBX (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ยง1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Information Control. We do not control the information provided by other members that is made available through our website. You may find other member's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our website. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using our website, you agree to accept such risks and ISBX is not responsible for the acts or omissions of members on our website.

Bidding and Buying

As a buyer, you are obligated to complete the transaction with the seller:

if you purchase a service through one of our fixed price formats; or

if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller.

By bidding on a service you agree to be bound by the conditions of sale included in the service's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; you cannot authenticate the seller's identity; or when the seller does not confirm your purchase.

Listing and Selling

Listing Description.
You must be legally able to sell the service(s) you list for sale on our website. You must describe your service and all terms of sale on the listing page of our website. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed services must be listed in an appropriate category. All services in multiple item listings must be identical.

Binding Bids. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

Fraud. Without limiting any other remedies, ISBX 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 our website.

Manipulation. Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other member's listings or transactions.

Your Information

Definition. "Your Information" is defined as any information you provide to us or other members in the registration, bidding or listing process, in any public message area or through any email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Restricted Activities. Your Information (or any items listed) and your activities on our website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (g) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than ISBX's; or (dd) you do not have a right to link to or include. Furthermore, you may not list any service on our website (or consummate any transaction that was initiated using our service) that, by paying to us the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.

License. Solely to enable ISBX to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a 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 Your Information, in any media now known or not currently known, with respect to Your Information. ISBX will only use Your Information in accordance with our Privacy Policy.

Access and Interference

Much of the information on our website is updated on a real time basis and is proprietary or is licensed to ISBX by our members or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from our website without the prior expressed written permission of ISBX and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our website or any activities conducted on our website; or (iv) bypass any measures we may use to prevent or restrict access to our website.

Rating

Integrity. You may not take any actions that may undermine the integrity of the rating system. We may limit the number of bids and listings you may place on our website based upon the level of your rating. Your membership may be suspended at anytime.

Export. You acknowledge that your rating consists of comments left by other members and a composite rating number compiled by ISBX, and that the composite number without the comments does not convey your full member profile. Because ratings are not designed for any purpose other than for facilitating trading between ISBX members, you agree that you shall not market or export your ISBX rating in any venue other than at our website.

Import. We do not provide you the technical ability to import rating from sources outside our website, because it does not reflect your true online reputation within our community.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your bids or service listings, warn our members 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 members or ISBX.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

No Warranty

We, our officers, directors, employees and our suppliers provide our website and services "as-is" and without any warranty or condition, express, implied or statutory. We, our officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Liability Limit

In no event shall we, our officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of our in connection with our website, our services or this agreement (however arising, including negligence).

Our liability, and the liability of our officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of services.

No Agency

You and ISBX are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to ISBX Attn: Legal 1875 Century Park East, 6th Floor, Los Angeles, CA 90067 or to the email address you provide to ISBX during the member registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ISBX during the member registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes

In the event a dispute arises between you and ISBX, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ISBX agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, you or ISBX may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by an ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California or where the defendant is located (in our case Los Angeles, California, and in your case your home address or principal place of business). You and ISBX agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California.

Alternative Dispute Resolution. Alternatively, ISBX will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Los Angeles County, California or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this section by the first party to file a Claim. Should either party file an action contrary to this section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

General

This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ISBX in accordance with the "Notices" section, in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. "Fees and Services" section with respect to fees owed for our services, "Release" section, "License" section, "Access and Interference" section, "Liability Limit" section, "Indemnity" section and "Resolution of Disputes" section shall survive any termination or expiration of this Agreement.

Disclosures

The services hereunder are offered by ISBX, Inc., located at 1440 Veteran Ave., Suite 326, Los Angeles, CA 90024. You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.



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