INVENTORY PORTAL USER AGREEMENT
Welcome to Inventory Portal. By using “Inventory Portal” (including www.inventoryportal.com & www.rig-serv.com and the related sites, services, applications, and tools (the “Services”), you agree to the following terms and conditions. BY REGISTERING TO USE OR USING INVENTORY PORTAL'S SITE, YOU ACCEPT AND AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW (the “Terms of Service”). IF YOU DO NOT AGREE TO ACCEPT EACH AND ALL OF THE TERMS OF SERVICE, DO NOT USE THIS SITE. Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional Terms and Conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service. In addition, Inventory Portal retains the right to amend these Terms of Service by notice posted on its websites and via email to each users registered email address. Such amended Terms of Service shall not apply to any prior or pending transactions.
Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (including Disclaimer of Warranties; Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). You will only be permitted to pursue claims against Inventory Portal on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Inventory Portal, LLC dba Inventory Portal (”Inventory Portal”), operator of the inventoryportal.com marketplace, provides access to its services (“Services”) to individuals, sole proprietors, partnerships, businesses and corporations (“User”, “Seller”, “Buyer” or “you”) subject to the following terms and conditions (the “User Agreement”). Our services are comprised of, but not limited to, our network of online marketplaces that include inventoryportal.com, online services, account management services, and customer support As a condition of using the Site and Services (as defined below), Inventory Portal requires that you review and accept this User Agreement as a legal contract between you and Inventory Portal. BY REGISTERING TO USE THE SERVICE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THIS USER AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES OR SITE.
1. INVENTORY PORTAL SERVICES
1.1. Inventory Portal Services
Inventory Portal has developed a proprietary technology platform and integrated services to facilitate the sale of physical assets and spare parts, sometimes commonly known as dead or excess inventory, and to assist the completion of your sales transactions. Services provided by Inventory Portal include, but are not limited to: online listing, pricing, marketing, selling, buying, trading, contract work, inventory system integration, shipping assistance, payment services (collectively, the “Services”). These Services are described in further detail on the website.
1.2. Confidentiality & Security
2. USER OBLIGATIONS
The Services are available only to individuals, sole proprietors, partnerships and other entities that can form legally binding contracts under applicable law. Without limiting the foregoing, minors in any jurisdiction may not participate in the Services. Inventory Portal reserves the right to review and verify the information provided in your registration application and to, at its sole discretion, postpone or reject your registration approval; provided, however, that Inventory Portal undertakes no formal obligation to investigate individual member application data. When a User registration form has been approved, the User will become a “Registered User” and shall be permitted to use the Site and Services. Inventory Portal reserves the right, at its sole discretion, to review the status and compliance of any User with the terms of this User Agreement and to limit, suspend or terminate a User’s use of the Site and Services without notice or right to cure
2.1. User Password and Access
Users select a username and a password, which are subject to the approval of Inventory Portal. You agree that you are solely responsible for preserving the confidentiality of your username and your password and all activities and charges related to the use of your password, including unauthorized use. You agree not to furnish your username, password or other information to any other party for use of the Site and Services. Inventory Portal personnel will never ask you for your password for any reason. You agree to notify Inventory Portal immediately of any unauthorized use of your personal password or username and any other breach of security regarding the Services. You are solely responsible for access to, use of and/or reliance on any User content. You are responsible for any content and transactions that you post or transmit through your account, and you are also responsible for all content posted or transactions transmitted through or by use of your account. All Users are encouraged to use strong passwords and to change passwords frequently.
2.2. User Information
Each User agrees that all of the information provided in their registration application is timely, true and correct, including, but not limited to, the User’s legal name, company name, address, phone number, fax number, e-mail address, tax identification number and other required personal and business information. You agree to promptly notify Inventory Portal should the User information provided need to be updated, changed or deleted. Any requested changes to the shipping address when a sale is pending must be made within 24 hours of the sale transaction and before payment has been applied to the pending transaction. You understand that your failure to provide accurate and complete information may result in purchased goods being delayed or lost, payment being lost or delayed and the immediate suspension or termination of your use of the Services. User understands that email will be the primary medium for Inventory Portal to communicate information about the Site and Services and User consents to such medium of communication. Failure to maintain current email address may cause such communications to not be received.
2.3. Site Regulations (For All Users)
The technology, software, and data underlying the Site are the property of Inventory Portal or Inventory Portal’s affiliates or partners. As a User, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our Site. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. Any violations of Inventory Portal’s copyrights will be prosecuted to the full extent of the law.
Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
Publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
Restrict or inhibit any other user from using and enjoying any public area within our sites;
COLLECT, SCRAPE, manually or automatically, STORE OR TRY TO GAIN ACCESS TO PERSONAL INFORMATION ABOUT OTHER END USERS, CUSTOMERS, SUPPLIERS, PRODUCTS LISTED OR ENTITIES THAT HAVE USED THE SITE;
USE DATA ABOUT END USERS, CUSTOMERS, SUPPLIERS FROM THIS SITE FOR PERSONAL GAIN;
Interfere with or disrupt our sites, servers or networks;
Impersonate any person or entity, including, but not limited to, a Inventory Portal representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
Engage in any illegal activities
You agree to use the bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities provided on Inventory Portal’s site, if any (collectively, the “Forums”), only to send and receive messages and material that are proper and related to that particular Forum and to Inventory Portal’s site.
If you choose a username that, in our sole discretion, is obscene, indecent, inappropriate, abusive or which might otherwise subject us to public embarrassment or scorn, Inventory Portal reserves the right, without prior notice to you, to automatically change your username, delete your posts from Inventory Portal’s sites, deny you access to Inventory Portal’s sites, or any combination of these options.
Unauthorized access to Inventory Portal’s sites is a breach of this User Agreement and a violation of the law. You agree not to access Inventory Portal’s sites by any means other than through the interface that is provided by Inventory Portal for use in accessing its sites. Without the prior written consent of Inventory Portal, you agree to not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of Inventory Portal’s sites.
Use of Inventory Portal’s sites are subject to existing laws and legal process. Nothing contained in this User Agreement shall limit Inventory Portal’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Inventory Portal’s sites.
3. CONTENT AND CONDUCT
Inventory Portal may, in its discretion, but is not obligated to, monitor material, content and information on the Site, including, but not limited to listings, text, code, images, video, binary files, account information, emails, messages and any other user communication, to determine compliance with the terms and conditions of this User Agreement and current and future operating procedures and rules of conduct established by Inventory Portal. Inventory Portal may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to carry out the terms of this User Agreement, to protect the rights of Inventory Portal, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, information, or court order submitted or transmitted to Inventory Portal. Inventory Portal reserves the right, at its sole discretion and without liability to any User, to amend, edit, remove or otherwise block any material posted by a User which may, in Inventory Portal’s sole discretion, violate any state, federal or local law or violate any aspect of this User Agreement or as otherwise deemed necessary by Inventory Portal.However, Inventory Portal does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying thereon.
When providing content through Inventory Portal’s sites, services, applications, and tools, you automatically grant, (and represent and warrant that you have the right to grant), to Inventory Portal a non-exclusive, worldwide, perpetual, royalty-free, right to exercise any and all copyright, trademark, publicity, and database rights you have in the content you post. User will be responsible for enforcing all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
For the convenience of Sellers, we may offer catalogs of stock images, or provide actual photos of items that are held by Inventory Portal, descriptions and product specifications that are provided by third parties. You may use catalog content at your own risk and solely in connection with your Inventory Portal listings during the time your listings are on Inventory Portal’ sites. While we use reasonable efforts to provide reliable data, we cannot guarantee that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Inventory Portal policies. These catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Users may not circumvent any technological measure implemented by Inventory Portal to restrict the manner in which content may be posted or to regulate the manner in which content (including but not limited to email) may be transmitted to other Users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”
4. SELLER OBLIGATIONS
Users who use Inventory Portal’s Site to sell goods of any kind agree that: Sellers can submit information about assets and spare parts or merchandise by using the offline “Seller Inventory” tool. These tools enable you to include all the relevant information regarding the merchandise that will be necessary to sell (e.g. description, retail value, price, quantity, lot size, shipping information), promote and facilitate the logistic management. This information must be reviewed to ensure its consistency and accuracy and posted upon agreement of our sales team that will assist you in tailoring the sales strategy to maximize your returns.
4.1. No Unlawful or Restricted Assets and spare parts
Sellers agree that they will not attempt to sell any illegal or restricted assets and spare parts of any kind through Inventory Portal’s Site and Services, including, without limitation, all counterfeit goods, drugs, guns, pornography, munitions, hazardous waste, non-metal scrap or any other item, Inventory Portal, in its sole discretion, deems to be unlawful or restricted. Restricted assets and spare parts are those that generally require a special license or permit by a governmental agency or authority in order to sell, purchase, import or export, such as a federal firearms license or a hazardous materials handling or storage permit.
4.2. Offer to Sell
Upon posting an asset or spare part for sale, Seller represents, warrants and agrees that it is irrevocably offering to sell the GOODS to any Buyer who satisfies the requirements of the sale or auction, terms of payment and shipping. Seller represents, warrants and covenants that (1) it has good and marketable legal title to the offered assets and spare parts, free and clear of any lien, security interest, leasehold interest, co-ownership interest, or any other type of encumbrance or interest of any other person or entity, (2) it has authority to list the offered assets and spare parts for sale and to sell the offered assets and spare parts, no listed asset infringes or violates (or contains any parts or components which infringe or violate) any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights. Failure of a Seller to complete the sale of an asset to a qualified Buyer because of non-delivery or misrepresentation of the merchandise could result in damages payable to Inventory Portal. Such damages shall become immediately due and payable by the Seller to Inventory Portal upon written demand by Inventory Portal. Should any additional shipping costs be incurred because of incorrect shipping information and/or preparation the seller agrees to pay for these costs.
4.3. Service and Transaction Success Fees
Upon the closing of a transaction, Sellers agree to pay Inventory Portal a success-based transaction fee for the marketing of their assets and spare parts, integrated services and identification of qualified Buyers. The amount of this fee will vary based on the size and product type of the transaction and shall be communicated to and agreed by the Seller prior to listing the merchandise with Inventory Portal in the Schedule 1. In addition, Inventory Portal reserves the right to collect and retain a Buyer’s premium from its customers in order to cover costs specific to any auction. Premium services such as third party inspection and warehousing are optional for Buyers and Sellers and require additional fees. The prices of the services are determined on a case-by-case basis and communicated to you by our Sales Team. A Seller’s obligation to pay transaction fees incorporates by reference the Non-Circumvention clause contained herein.
4.4. Payment of Fees
All fees and other amounts payable pursuant to this User Agreement shall be paid in the listing currency (United States Dollars), free and clear of, and without deduction or withholding on account of, taxes of any kind. All of Inventory Portal’s success based fees are deducted from the proceeds of the sales. Other eventual and mutual agreed payments are due within 15 business days of invoice if not otherwise agreed upon in writing.
Sellers acknowledge that despite Inventory Portal’s best efforts, Buyers may fail to close.
4.5. Listing Conditions
By listing an item on Inventory Portal’s sites, you agree to pay Inventory Portal’s fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on Inventory Portal’s sites, your listing will be posted on List Serve’s websites. Your listing may not be immediately searchable by keyword or category for several hours in some circumstances, so List Serve can’t guarantee exact listing durations. List Serve’s duplicate listing policy may also affect whether your listing appears in search results. List Serve reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in List Serve’s Help Pages.
5. BUYER OBLIGATIONS
Users who use the Site to purchase GOODS of any kind (“Buyer” or “Buyers”) represent, warrant and agree that:
5.1. Purchase Activity
5.1.1. Buyer, by making a commitment to purchase assets and spare parts, is demonstrating Buyer’s intention and financial capability to purchase these assets and spare parts.
5.1.2. Upon the making a commitment to buy, the Buyer may not retract, amend or modify their offer without prior approval by Inventory Portal.
5.1.3. At the close of an transaction, Buyer agrees to make immediate payment if not otherwise agreed upon in writing for the total amount of the transaction, including the stated shipping costs and all duties and taxes if applicable, using payment methods provided by Inventory Portal. If Inventory Portal does not receive payment within two (2) business days of due date, Buyer will be considered in default and will be responsible for liquidated damages fees of $200 or 15% of the final transaction price, whichever is greater. The Buyer will immediately be placed in a suspended status until fees are paid.
5.2. Asset Receipt and Inspection
5.2.1. After the close of a sale transaction, Buyer is required to make arrangements to pay for the goods and for shippingat the sales point shown in the listing. Unless other arrangements are made, all sales are EXW. GOODSInventory Portal can assist Buyer in arranging shipping. Buyer must conduct an inspection of the goods within a reasonable time following receipt, no longer than thirty (30) business days, or waive any claim for damages or non-conformity of the goods. Except as otherwise stated in writing by the Seller, all assets and spare parts are sold “AS IS, WHERE IS.”
5.2.2. In the absence of Seller’s fraud or misrepresentation, the failure of Buyer to complete the purchase of assets and spare parts may result in damages against the Buyer, including all damages available at law or equity. Buyer’s failure to pay for assets and spare parts they committed to purchase will result in suspension or termination of Buyer’s account. In addition, in the event of Buyer’s failure to complete a transaction in the absence of Seller fraud, the Buyer agrees to immediately remit a success fee to Inventory Portal equal to the agreed upon commission, defaulting to the total sales commission tiers, of the final sales price on this listing. In the event of Buyer’s default, the right is reserved to Seller to sell or otherwise dispose of the subject property and to charge all losses and expenses incidental thereto to the defaulting Buyer.
5.2.3. When property is sold on a unit price basis, Seller reserves the right to vary the quantity delivered by a percentage explicitly disclosed in the listing. The Buyer agrees to accept any quantity within these limits. Outside these limits, the purchase price paid shall be adjusted upwards and downwards in accordance with the quantity actually delivered and accepted by the Buyer. Buyers seeking price adjustments should follow the dispute process described in Section 9.
5.2.4. The Buyer understands that according to applicable law, Inventory Portal may be required to collect sales tax, use tax, value added taxed or similar taxes or assessments. The Buyer understands that in order to justify and consider waiving the such charges on any closed transactions and/or future transactions, Inventory Portal must receive appropriate documentation. Buyer may send Inventory Portal a verified copy of their Reseller certificate, tax exemption documentation or equivalent.
Any Buyer that attempts to rescind a credit card transaction without Inventory Portal’s express written consent (i.e., chargeback), may have their account immediately suspended and/or permanently deactivated. If a Buyer performs a chargeback after receiving the property, Inventory Portal or the Seller may file charges with the appropriate law enforcement agency, and reserves the right to pursue all remedies available under applicable law. If a Buyer feels that the merchandise was misrepresented or that they are owed a refund, they should follow the dispute resolution process outlined herein.
5.4. Purchase Conditions
You are responsible for reading the full item listing, including any instructions the Seller provides, before making a commitment to buy an item. Unless otherwise stated, by making a commitment to buy an item, you are committing to buy the item from the Seller listing the item. If you make a commitment to buy, you enter into a legally binding contract with the Seller and are obligated to purchase the item. We do not transfer legal ownership of items from the Seller to the Buyer. All goods listed for sale are in new condition unless otherwise specified in the listing.
6. PAYMENT COLLECTION
Upon the close of a sale, Inventory Portal’s payment collection team will use commercially reasonable efforts to contact buyers in order to ensure timely payment. Payment is collected for all costs associated with the transaction including shipping expenses. All payments are processed through credit card processing services if not otherwise agreed upon in writing. No goods will be released for shipping unless and until payment is received.
6.1. Special Provisions
In no event will Inventory Portal be liable to either party for Buyer or Seller’s failure to perform except for a refund of payments received, less expenses, for sales which are not consummated.
Sellers acknowledge that despite Inventory Portal’s efforts, Buyers or Sellers may fail to perform. Inventory Portal does not provide any representations or guarantees that Buyers will pay Sellers on their agreed price on a timely basis or that Sellers will make the goods available for pickup
Inventory Portal reports instances of credit card fraud to proper law enforcement authorities and prosecutes offenders to the full extent of the law. Credit card fraud includes, but is not limited to, any instance where a buyer has charged back their credit card payment and maintains possession of the merchandise, without the consent of the Seller.
Users agree not to negotiate, communicate, or transmit any information of any kind with any other Registered User (whether or not the User has placed a bid) in an attempt to complete a sale of assets and spare parts through a means outside of Inventory Portal’s online system (a “Circumventing Transaction”). In the event a Seller completes a Circumventing Transaction within 12 months following the expiration of a Seller’s most recent listing, Seller understands and agrees that Seller is obligated to immediately remit a success fee to Inventory Portal equal to the agreed percentage the final aggregate gross sale price for the assets and spare parts or merchandise sold in the Circumventing Transaction. This non-circumvention clause shall apply to Users and their principals, agents and representatives, including but not limited to employees, consultants, bankers, attorneys, accountants, assignees, heirs and transferees. Seller shall indemnify and ensure that Inventory Portal is fully compensated if an agent or representative of Seller completes a Circumventing Transaction.
8. ACCESS AND INTERFERENCE
Information on our sites and services is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to Inventory Portal by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our prior express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of Inventory Portal and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of our sites, services, applications, or tools, or any activities conducted on or with our sites, services, applications, or tools; or
bypass measures we may use to prevent or restrict access to our sites.
9. DISPUTE RESOLUTIONS BETWEEN USERS
Buyers who have a legal dispute with Inventory Portal and/or feel that their sales transaction or sell or auction was misrepresented (in terms of quality, quantity, or both) must submit an online dispute form to Inventory Portal. The form can be found by visiting www.invnetoryportal.com. Users are required to submit support to validate their claims (including manifests or photos) and failure to do so may result in a denied claim. Users must have a dispute on file in order for the Customer Engagement department to conduct any actions on their behalf. To help eliminate the need for disputes, Users should accurately check the manifest, condition, shipping terms, and images of product they wish to purchase. Users who arrange their own shipping agree to waive their right to dispute the merchandise, and assume responsibility at the point of pick-up. Merchandise should be inspected prior to exiting the facility.
In the event of a dispute between Buyer and Inventory Portal in connection with a pending or closed transaction, all Users agree to cooperate with Inventory Portal’s Customer Engagement department to resolve the dispute before taking any other action. If Inventory Portal cannot resolve the dispute within 15 business days of the dispute form receipt, then the party requesting relief may elect to resolve the dispute in a cost effective manner through binding arbitration as provided below
In the event a User has a dispute with another User, User releases Inventory Portal, its directors, officers, members, advisors, attorneys, employees and agents from claims, demands and damages, whether actual or 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. This release includes any claims brought by any individuals relating to misuse or unauthorized use of data User gives to Inventory Portal. Users agree to defend, indemnify and hold harmless Inventory Portal, its affiliates, directors, officers, employees and agents to the fullest extent lawful against any and all damages (whether direct, consequential or otherwise), claims, liabilities, costs and expenses incurred (including, without limitation, all reasonable attorney fees and costs), as a consequence of any acts by User undertaken in connection with Inventory Portal’s Site and Services, including without limitation, those arising out of any breach of any User representation or warranty, User’s obligations hereunder, any User transaction attempted through the Service, or any dispute between User and any other Users. Further, You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, members, advisors, attorneys, employees, and agents) 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 User Agreement, your improper use of Inventory Portal’s Sites, Services, applications, or tools, and/or your violation of any law or the rights of a third party. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
10. DISPUTES WITH INVENTORY PORTAL
You and Inventory Portal agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of your use of or access to Inventory Portal’s sites, services, applications, and tools, or any products or services sold or purchased through Inventory Portal’s sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Inventory Portal, except as otherwise stated in the User Agreement. The courts located in Harris County, Texas shall have exclusive jurisdiction over disputes arising hereunder, subject to the arbitration provisions hereof.
B. Agreement to Arbitrate
You and Inventory Portal each agree that any and all disputes or claims that have arisen or may arise between you and Inventory Portal relating in any way to your use of or access to Inventory Portal’s sites, services, applications, and tools, or any products or services sold or purchased through Inventory Portal’s Sites, Services, applications, or tools shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Texas Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND INVENTORY PORTAL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND INVENTORY PORTAL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER INVENTORY PORTAL USERS.
2. Arbitration Procedures
. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Inventory Portal LLC c/o Corporate Counsel, 3120 Southwest Freeway, Suite 320, Houston, TX 77098. The arbitration shall be held in Houston, Texas before a single arbitor. If the value of the relief sought is $25,000 or less, you or Inventory Portal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Inventory Portal subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Inventory Portal, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Inventory Portal Users, but is bound by rulings in prior arbitrations involving the same Inventory Portal User to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate or otherwise ordered by the Arbitor.
If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
5. Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Inventory Portal prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Inventory Portal. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.inventoryportal.com at least 30 days before the effective date of the changes and by providing notice through the Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.inventoryportal.com, and shall not be effective as to any claim that was filed in a legal proceeding against Inventory Portal prior to the effective date of termination.
6. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Inventory Portal must be resolved exclusively by a state or federal court located in Houston, Texas. You and Inventory Portal agree to submit to the personal jurisdiction of the courts located within Houston, Texas for the purpose of litigating all such claims or disputes.
11. REFUND / RETURN POLICY
Inventory Portal will provide the forum and venue to process returns and refunds of all assets and spare parts purchased through Inventory Portal’s Service. Refunds or returns of merchandise must be approved by Inventory Portal’s Customer Engagement team. Any attempt to rescind a payment or return property prior to an authorization by Inventory Portal will result in a delay of claim resolution, and may adversely impact the Buyer’s ability to transact on our website. Unauthorized returns will be refused at delivery. When a return is authorized, Inventory Portal requires a Seller to do a full inspection of all merchandise upon return and units must be the same as when shipped out to the Buyer – including serial number, included accessories, etc. to be eligible for a full refund. Title to property remains with the Buyer until the returned property is processed by Inventory Portal and accepted by the Seller.
12.1. Interruption of Service; No Liability
User understands that Inventory Portal shall take all commercially reasonable efforts to make its Site and Service available. However, Inventory Portal is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any online sales, transactions or communications. User understands that the Site may be unavailable unexpectedly as a result of circumstances beyond its control or routine maintenance. User agrees not to attempt any action that may disrupt Inventory Portal’s Site and Services, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of Inventory Portal’s programs or infrastructure.
12.2. Changes to Site and Services
Inventory Portal reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its Site and Services, including, but not limited to, content, sales features, news and information, and product categories without notice. Further, Inventory Portal reserves the right to implement system maintenance and system upgrades at such times Inventory Portal deems necessary.
12.3. Record Keeping
Inventory Portal cannot guarantee the preservation or maintenance of records relating to historical sales transactions and related activity and encourages User to keep individual records and an accounting of all activity conducted through Inventory Portal’s Site.
User acknowledges and agrees that, except as provided by applicable law, Inventory Portal does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes, which may be assessed or owed by any User in connection with the use of Inventory Portal’s Site and Services. User understands and agrees that User is solely responsible for the calculation and payment of any taxes that may be incurred as a result of using Inventory Portal’s Site and Services. User shall indemnify and defend Inventory Portal from any and all claims with respect to any taxes, withholding or other related matters.
12.5. No Agency
The relationship between Users and Inventory Portal is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by the terms and conditions of this User Agreement.
12.6. Site is Only a Venue
THE SITE AND ASSOCIATED SITES ARE MERELY A VENUE FOR REGISTERED USERS TO EXCHANGE INFORMATION AND FACILITATE TRANSACTIONS. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT INVENTORY PORTAL IS NOT A BROKER OR AGENT AND HAS NO DUTY TO THE USER WITH REGARD TO TRANSACTIONS THROUGH THE SERVICES OTHER THAN THOSE DUTIES EXPRESSLY OUTLINED IN THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. UNLESS OTHERWISE STATED, INVENTORY PORTAL IS NOT A PARTY TO THE TRANSACTIONS BETWEEN BUYERS AND SELLERS. INVENTORY PORTAL DOES NOT GUARANTEE THE QUALITY, SAFETY, CONDITION, OR OWNERSHIP OF THE ASSETS AND SPARE PARTS ADVERTISED FOR SALE ON ITS SITE AND DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION PROVIDED IN THE DESCRIPTION OF ASSETS AND SPARE PARTS ADVERTISED FOR SALE ON ITS SITE. BUYERS ARE ENCOURAGED TO PERFORM THEIR OWN DUE DILIGENCE, INCLUDING, BUT NOT LIMITED TO, USING THE SITE’S DISCUSSION FEATURE AND THE ARRANGEMENT OF AN ON-SITE INSPECTION. INVENTORY PORTAL DOES NOT GUARANTEE ANY INDIVIDUAL SELLER’S OR BUYER’S ABILITY TO COMPLETE TRANSACTIONS USING INVENTORY PORTAL’S SERVICE AND MAKES NO REPRESENTATION REGARDING THE IDENTITY, CREDITWORTHINESS, OR PERFORMANCE OF ANY USER.
12.7. Export of Property
You acknowledge and agree that certain goods, software, and technology may be subject to the export control laws and regulations of the United States, including but not limited to the Export Administration Regulations (EAR), the International Traffic in Arms Regulations, and regulations of the U.S. Department of Treasury, Office of Foreign Assets and spare parts Controls. You agree you will comply with all applicable export laws and regulations. You may not, without prior U.S. Government authorization, export, re-export, or transfer any goods, software, or technology, either directly or indirectly, to any country subject to a U.S. trade embargo or sanction or to any resident or national of these countries, or to any person, organization, or entity on any of the restricted parties lists maintained by the U.S. Departments of State, Treasury, or Commerce. In addition, any goods, software or technology may not be exported, re-exported, or transferred to any end-user engaged in activities, or for any end-use, directly or indirectly related to the design, development, production, use, or stockpiling of weapons of mass destruction, e.g. nuclear, chemical, or biological weapons, and the missile technology to deliver them. We do not sell property to persons from the countries that are prohibited from receiving transfers of military equipment or technology. Please check with the appropriate government agency for a current list of prohibited countries. Buyers are advised that purchasing from our Sites and Services and then reselling or attempting to export to these countries is prohibited. The list of prohibited countries is subject to change at the discretion of the U.S. Government. If you purchase property that will be exported outside of the United States, you must obtain proper export licenses prior to our transfer of title and release of goods. We undertake no responsibility to assist Buyers in obtaining export licenses, and you agree to do so at your sole cost and expense associated with obtaining any licenses required. We cannot advise you as to which forms, which licenses, or what agencies may have jurisdiction over the property you purchase. You are encouraged to seek expert legal advice regarding export licensing.
12.8. Notice and Communication
Unless stated otherwise, all notice and communication with User shall be provided by e-mail to the e-mail address provided by the User in their registration application or via posting on the Site. Notice shall be deemed to have been provided 24 hours after the e-mail was properly transmitted by Inventory Portal or at the time the information was posted on the Site. If Inventory Portal receives a message that the User’s e-mail is disconnected, is no longer valid, or that the e-mail communication could not be delivered (for whatever reason), notice shall be deemed to have been provided at the time the information was posted on the Site. Any mailed letters sent by Inventory Portal to the User shall be considered courtesy copies only, and shall not have any bearing on the determination regarding the date notice was provided as stated above. Inventory Portal will contact buyers by phone in instances of pending payment or pickup in an effort to avoid cancellation and penalties.
12.9. Third Party Links
The Site may contain links to other websites or resources for the convenience of Users in locating related information and services. User acknowledges and agrees that Inventory Portal is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources, the User Agreements that may govern such sites or resources, or the privacy policies and data collection, use or retention practices of such sites. The inclusion of any link on the Site does not imply that Inventory Portal endorses the linked site. User uses the links at User’s own risk.
This User Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to the conflicts of law provisions thereof, and, to the maximum extent permissible, without reference to that body of law known as the Uniform Computer Information Transaction Act. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules as more further detailed in Section 8 hereof. In no event shall this agreement and transactions hereunder be governed in whole or in part by the rules and regulation of the International Chamber of Commerce.
If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this User Agreement shall continue in full force and effect.
The terms and conditions of this User Agreement constitute a binding agreement between Inventory Portal and each User until terminated by the User or Inventory Portal. User may discontinue use of the Site and Services at any time with or without notice to Inventory Portal. Inventory Portal may consider any account on which no activity (the User has not logged into the account) has occurred for 365 consecutive days to be abandoned, and may terminate the account without further notice to the User. Upon termination, User is obligated to immediately cease using the Site and Services. Inventory Portal expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of Inventory Portal, for any reason and without notice.
12.13. Disclaimer of Warranties
THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. INVENTORY PORTAL DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY SYSTEM INTEGRATION OR QUIET ENJOYMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. INVENTORY PORTAL MAKES NO WARRANTY THAT THE LISTED GOODS, SITE OR SERVICES WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE GOODS, THE GOODS WILL BE SOLD. INVENTORY PORTAL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM INVENTORY PORTAL SHALL CREATE ANY WARRANTY BY INVENTORY PORTAL NOT EXPRESSLY MADE HEREIN. INVENTORY PORTAL EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY GOODS SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER. Buyer acknowledges the goods are being sold on an “AS IS” basis and used by Buyer at the Buyer’s own risk. SELLER DISCLAIMS ALL, AND MAKES NO, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR THE GOODS. Seller makes no warranty of any results Buyer might obtain in any particular application. DESPITE THE FOREGOING, IF WARRANTY LIABILITY IS SOMEHOW FOUND BY A COURT OF COMPETENT JURISDICTION FROM WHICH NO FURTHER APPEALS MAY BE TAKEN, Buyer's sole and exclusive remedy for any breach of warranty shall be limited, in Seller's sole discretion, to replacement at Buyer's installation of any defective goods or refund of the purchase price thereof. This remedy extends only to Buyer. Buyer shall not return goods unless authorized in advance in writing by Seller. Seller shall have the right to inspect the goods at Buyer's installation. Buyer's failure to give written notice that goods are non-conforming within thirty (30) days of delivery shall constitute a waiver by Buyer of all warranty claims. Notwithstanding the foregoing, Seller shall have no obligation hereunder if the goods become defective as a result of improper storage, contamination, adulteration, improper use or misapplication after delivery thereof to Buyer. BUYER ACKNOWLEDGES THAT IT IS PURCHASING THE GOODS SOLELY ON THE BASIS OF THE COMMITMENTS OF SELLER EXPRESSLY SET FORTH HEREIN. FROM TIME TO TIME, INVENTORY PORTAL MAY ASSIST A SELLER IN DETERMINING THE APPROPRIATE PRICING FOR ITS GOODS. IN PROVIDING PRICE SUCH, INVENTORY PORTAL IS UTILIZING PUBLICALLY AVAILABLE INFORMATION WHICH IS PRESUMED TO BE, BUT MAY NOT NECESSARY BE, ACCURATE AND EVERY SELLER UTILIZES SUCH INFORMATION AT ITS OWN RISK.
12.14. Limitation of Liability
IN NO EVENT SHALL INVENTORY PORTAL, NOR ANY SELLER, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (a) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY A LISTED ASSET OR SPARE PART OR (b) DEFECTS IN SUCH LISTED ASSET ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY. IN ADDITION, IN NO EVENT SHALL INVENTORY PORTAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL,PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE CONTENT INCLUDING WITHOUT LIMITATION ANY MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF INVENTORY PORTAL OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL INVENTORY PORTAL’S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT) EXCEED THE AMOUNT OF FEES PAID BY THE USER TO INVENTORY PORTAL IN CONNECTION WITH THE DISPUTED TRANSACTION(S).
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Inventory Portal responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages or lost profits) resulting directly or indirectly from:
Your use of or your inability to use our sites, services and tools;
Delays or disruptions in our sites, services, applications, or tools;
Viruses or other malicious software obtained by accessing our sites, services, applications, or tools or any site, services, applications, or tools linked to our sites, services, applications, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications, and tools or in the information and graphics obtained from them;
Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications, and tools;
The content, actions, or inactions of third parties, including items listed using our sites, services, applications, or tools, feedback provided by third parties, or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account;
The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section;
Inventory Portal’s decision to end or remove your listing(s);
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Inventory Portal reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
The parties have agreed that the limitations of liability set forth will survive and apply even if any limited remedy specified in this User Agreement is found to have failed its essential purpose
The failure of Inventory Portal to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative, and will be effective only for the instance specified in the writing.
12.16. Oral Representations
Any oral statement or representation by any representative of Inventory Portal, changing or supplementing the written description of the offering or the published terms and conditions of this User Agreement, is unauthorized and confers no right on the User and may not be relied on by the User. No interpretation of any provision of the terms and conditions of this User Agreement, including applicable performance requirements, is binding on Inventory Portal unless agreed to, in writing by Inventory Portal.
12.17. Intellectual Property
Inventory Portal intellectual property (“Inventory Portal IP”) means all inventions, data, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, copyrights, trademarks, trade names, trade secrets, software, mask works and/or other works conceived of and/or reduced to practice or writing or otherwise relating to the Site or Services. Inventory Portal IP may be created by one of more of Inventory Portal’s employee(s) or contractor(s) alone or jointly with a User or Users arising from the use and development of the Services or as a result of User’s feedback regarding the Site or Services (“Feedback”). All right, title and interest in any Inventory Portal IP shall belong to Inventory Portal and shall be subject to the conditions of this User Agreement and applicable law. User hereby irrevocably assigns to Inventory Portal all right, title and interest User may acquire in any Inventory Portal IP. Inventory Portal may, at its option, file an application for intellectual property protection for Inventory Portal IP. If any such Inventory Portal IP is created with User’s participation, User agrees to cooperate with Inventory Portal to assure that such application(s) will cover, to the best of User’s knowledge, all features of commercial interest and importance. Inventory Portal IP is the sole and exclusive property of Inventory Portal, unless otherwise stated and may not be used without the prior express written consent of Inventory Portal.
The Site and Inventory Portal’s trade names, trademarks, domain names and logos found on the Site are trademarks or service marks of Inventory Portal LLC. No display or use of such marks may be made without the express written permission of Inventory Portal LLC.
All third party trademarks, trade names, logos, and service marks featured on this website are the property of the owners of said intellectual property. Inventory Portal disclaims any associations or endorsements that may be implied through the use thereof.
Buyer agrees not to use Seller’s name, logo, trademark or service mark, whether known or suspected, nor any photographs, images, illustrations, or other depictions from the Seller’s website in any remarketing or re-selling of the products purchased from this site, which would violate the intellectual property rights of the Seller.
This User Agreement may not be assigned by User or by operation of law to any other person, persons, firms or corporations without the prior written approval of Inventory Portal.
12.20. Entire Agreement
This User Agreement constitutes the entire agreement between the User and Inventory Portal, and it supersedes any previous agreements, whether oral or in writing, between Users and Inventory Portal
We may amend this User Agreement at any time by posting the amended terms on www.inventoryportal.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through Inventory Portal’s Site and/or by email. This User Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature. Not further agreeing to any such amended terms may result in Inventory Portal deactivating a User’s account and the removal of any listings, transaction data, reports, orders, etc. Such amendment shall not apply to any completed or in progress transactions.
12.21. Translation of the User Agreement into Languages Other than English
This User Agreement may be presented to the User in a language or languages other than English. Any presentation or translation of this User Agreement into a language other than English shall be for the User’s convenience, but User will continue to be guided by the English language version of the User Agreement in the event that there is a conflict between the English language version of the User Agreement and any translation into a language other than English.
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