..:: TERMS OF USE AGREEMENT ::..
Consequential Damages and Limitations
Alpaca Trader LLC shall not be liable for any failure to perform or delay in performing any of its obligations when such failure or delay is due to circumstances beyond its reasonable control including, without limitations, any act of God, war, strike, riot, fire, flood, earthquake, lock-out, late or non-delivery by suppliers, shortage or unavailability of materials, components or transportation facilities, or act, refusal to act, regulation, order or intervention of any governmental authority.
Under no circumstance shall Alpaca Trader LLC be liable for any special, indirect, incidental or consequential damages of any kind or nature whatsoever, including, without limitation: lost goodwill, lost resale profits, loss of data or software, work stoppage or impairment of the goods and whether arising out of breach of any express or implied warranty, breach of contract, tort (including negligence), strict product liability or otherwise, even if advised of the possibility of such damage could have been reasonably foreseen, except or lye in case of personal injury where and to the extent applicable law requires such liability. The laws of the State of Ohio, in which Alpaca Trader LLC is based, shall govern the rights and obligations of the parties under this agreement.
Alpaca Trader assumes no responsibility for the Content of the advertisements and disclaims all liability in respect of your use of this website.
While the advertisers strive to make the sale details accurate and reliable, these should not be relied upon as statements of fact and they do not constitute any part of an offer or contract.
Alpaca Trader strongly recommends that all information which is provided about any sale item is verified by the interested party.
Alpaca Trader reserves the right to remove or refuse any advertisement without explanation.
Alpaca Trader will not in any way be held responsible for any inaccuracy within an advertisement. It is the seller's responsibility to provide a full and accurate description.
Alpaca Trader will not accept any responsibility for the outcome of any Sale, Loan, Rent, Lease, Exchange or any other type of transaction emanating from an advertisement on this website.
Advertisers warrant the accuracy of all information provided, not Alpaca Trader.
It is the buyer's responsibility to ensure items purchased entirely meet their needs.
Advertisements are displayed until sold or you request removal, however this does not imply, infer or guarantee the sale of your item.
PLEASE BE AWARE THAT YOU ARE NOT ALLOWED TO LINK TO COMPETITORS SITES OR ANY SITE UNRELATED TO THE ALPACA INDUSTRY. THE SPACE FOR ADDING LINKS IS INTENDED FOR LINKING BACK TO YOUR OWN PERSONAL ALPACA WEB SITE. ALL INAPPROPRIATE LINKS WILL BE REMOVED. We do not endorse services or information on or connected with any third party websites.
When you advertise on our site we will ask you for information about yourself. We will want to know your name, address, telephone numbers and email address(es). We will not collect any personally identifiable information about you without your consent. We will not disclose information about you to any third party, other than as required under the law, or in response to a valid, legal request by a governmental authority or a law enforcement.
We will take reasonable precautions to prevent the loss, alteration or misuse of information you submit to us. If you have given us information about yourself and there are factual inaccuracies you want corrected, or you want the information deleted from our records, or have a copy, then please contact us.
Alpaca Trader makes no guarantee of the accuracy of any classified advertisement, the content of which is the sole responsibility of the advertiser.
Alpaca Trader makes no guarantee as to the honesty or trustworthiness of any person using an Audio Asylum classified ad.
Alpaca Trader does not guarantee that a classified advertiser will deliver the goods described, or any goods at all, upon receipt of payment from the buyer.
Alpaca Trader does not guarantee that any bank draft, check, credit card draft or other negotiable instrument presented by a buyer is genuine and will not be dishonored.
Alpaca Trader does not guarantee that a putative buyer of goods will pay for such goods upon their delivery to the buyer.
That, in the event of some dissatisfaction on the part of either party with respect to a transaction resulting from a classified advertisement posted on Alpaca Trader, you will not seek to involve Alpaca Trader, any of its agents, employees or board members in attempting to resolve this dissatisfaction; and you will not post any discussion of the transaction on any Alpaca Trader message board.
That you will indemnify and hold harmless Alpaca Trader, its agents, employees, officers, directors and owners from any claim or liability arising out of your use of Alpaca Trader’s classified advertising facility.
Buying and selling through Alpaca Trader is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday).
Alpaca Trader reserves the right to modify the Terms of Use Agreement at any time and without prior notice to its Users. We may add to, change, delete or end our or your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons.
Alpaca Trader is not involved in any transaction between any party who uses our site. There are risks which You assume when dealing with people who might be acting under false pretenses; all of these risks are borne by You. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does Alpaca Trader screen or censor or otherwise control the Users of its service. Alpaca Trader can not and does not control the behavior of the participants on this site. We can not control whether or not Users of Alpaca Trader will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE!
If there is a dispute between participants on this site, Alpaca Trader is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, Alpaca Trader, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Alpaca Trader service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate Alpaca Trader related transactions.
Alpaca Trader strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Alpaca Trader service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
Alpaca Trader reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. Alpaca Trader EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Alpaca Trader MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Alpaca Trader MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Alpaca Trader OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY. USER AGREES THAT NEITHER Alpaca Trader NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Alpaca Trader HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT Alpaca Trader SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT Alpaca Trader SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall Alpaca Traders total liability to You for all damages, losses, and causes of action exceed the amount paid by Alpaca Trader, if any, that is related to the cause of action.
Others Information. You agree not to make use of anyone else's information other than as necessary to complete any Alpaca Trader transactions in which You are involved.
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Alpaca Trader and any User of the Service.
Notice. Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Use Agreement or other matters related to Alpaca Trader by displaying notices to Users on the Service.
This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties
These Terms of Participation and the relationship between User and Alpaca Trader shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. User and Alpaca Trader agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Columbiana, Ohio.
