1GNITE SITE TERMS OF USE
1GNITE Solutions, LLC (“1GNITE”) offers you (“you” or “User”) access to this website (the “1GNITE Marketplace Site”) based upon the terms contained in this Terms of Use Agreement (the “Agreement”). By using the Market Place Site, you agree and accept each of the terms contained in the Agreement.
Sign Up: Browsing the 1GNITEMarketplace.com Site is free and does not require registering an account. To make a purchase on the 1GNITEMarketplace.com, you must follow the sign up process. When you register at the 1GNITE Site, you must choose a username and password. You are responsible for the security of your username and password and are not to disclose either to a third party or to use the username or password of any other user. You are responsible for all activity that occurs under your 1GNITE account. In the event your account is breached or accessed by someone other than you, you must contact 1GNITE immediately.
Sign Up is only available to those who can form a legal contract. Minors under 18 years of age, those whose account has been temporarily or permanently suspended, or those not legally competent to enter into a binding contract, must not use or sign up to the 1GNITE Site. 1GNITE reserves the right to cancel the account of any User that violates the Agreement. 1GNITE reserves the right to refuse registration or access to its site, to anyone, at any time, in its sole discretion.
Transaction Risks: The 1GNITE Site provides a venue where Sellers may list for sale, or for purchase, items for sale in accordance with these terms. Users assume all risks involved in every transaction. All items are sold by Seller and accepted by buyer on an “as is, where is” basis. Seller expressly disclaims and negates any warranties against defects or of merchantability or fitness for a particular purpose. Buyers assume all liability and costs regarding the equipment. 1GNITE makes no implied or express warranties.
Right to Terminate Purchase: If, for any reason, 1GNITE is unable to complete the sale of any purchase to buyer, even if the buyer was given notice that he is the purchaser, 1GNITE may terminate the purchase, in which case 1GNITE's only liability shall be the return of any monies actually paid by buyer for the item.
Sales Tax
If You have a Sales Tax Exemption or Resale Certificate, please send it to us with 1GNITE listed as the Seller so we may omit sales tax from your invoice. We must charge applicable sales taxes unless we receive a signed and valid certificate prior to the sale. Please understand that if we receive your tax certificate at a later date, we will not be able to refund taxes paid on past invoices as we will have already filed and remitted with the states. The tax certificate will be applied to all future invoices only.
User Representations & Restrictions: You represent and warrant that in using the 1GNITE Site
- you will deliver payment, together with any applicable sales tax, for items purchased by you in the ordinary course of business unless You provide an applicable Resale Certificate;
- you will pay any fees owed to 1GNITE and will not circumvent or manipulate our fee structure or billing process;
- you shall abide by all applicable civil and criminal laws;
Term: The Agreement, and any amendments, shall govern your relationship with 1GNITE and use of this Site for the period of time that you use the 1GNITE Marketplace Site and shall survive beyond the end of your use.
Warranties: 1GNITE will provide the Site services in a professional manner and according to acceptable industry standards. We provide items to you “as is” and “as available” without warranty. Each party shall comply with all applicable federal, state and local laws pertaining to the use of the 1GNITE Site. 1GNITE makes no representation as to the completeness and accuracy of the information contained in the Site. This information may be incomplete, may contain errors or may become out of date.
- 1GNITE EXPRESSLY WAIVE ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, INTEGRATION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE.
- Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS PROVIDED IN THE “TERM” SECTION, ABOVE, 1GNITE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE OR ANY LINKED THIRD-PARTY SITES. IN PARTICULAR, 1GNITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE OR TORT.
Changes: By using the 1GNITE Site, you accept and agree to be bound by each of the terms contained in the Agreement, which may be modified in accordance with this section. Non-material changes may be made by 1GNITE at any time. 1GNITE will notify Users in advance of any material change to this Agreement and require that you accept the amended Agreement. Your access to and use of the 1GNITE Marketplace Site after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended.
Indemnification: You agree to indemnify, release and hold harmless 1GNITE and its respective officers, directors, shareholders, members, employees, agents, heirs, successors in interest, representatives, parents, subsidiaries, affiliates, licensors and content providers from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable legal fees, that may be incurred or suffered by 1GNITE arising out of third-party claims related to: (a) your obligations under this Agreement, (b) your use of the 1GNITE Marketplace Site or (d) any violation of any law, rule or regulation related to your use of the 1GNITE Site.
Release: You hereby release 1GNITE and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, damages (including direct and consequential) of every kind and nature, known or unknown, disclosed and undisclosed, arising out of or connected with your use of the 1GNITE Marketplace Site. If you are a California resident, you waive California Civil Code Section 1542.
Termination: 1GNITE may immediately terminate this Agreement if: (a) you breach this Agreement, (b) 1GNITE terminates or suspends its business, (c) 1GNITE becomes subject to bankruptcy or insolvency proceeding under Federal or state statute; (d) becomes insolvent or subject to direct control by a trustee, receiver or similar authority; (e) has wound up or liquidated, voluntarily or otherwise; or (f) you are involved in conduct that 1GNITE reasonably believes is likely to damage 1GNITE’s Properties or goodwill.
Dispute Resolution: All irresolvable, material differences or disputes which may arise between you and 1GNITE concerning this Agreement shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Dallas, Texas, and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. You and 1GNITE agree that: (a) arbitrators will be selected with expertise in the area in dispute; (b) punitive damages or other remedies not permitted under this Agreement will be allowed; (c) each party will pay an equal share of the arbitrator’s fees and expenses and bear its own attorneys’ fees, witness fees, and other costs of arbitration; and (d) the arbitration decision will be jointly-submitted for enforcement in Dallas County Circuit Court, Dallas, Texas or in U.S. District Court for the Northern District of Texas, Dallas, Texas.
Users are responsible for resolving disputes with other Users. 1GNITE has no obligation to review or determine the merit of any complaint. 1GNITE reserves the right to review disputes and/or complaints at its sole discretion.
General:
- These Terms and Conditions constitute the entire agreement between you and 1GNITE and supersede all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
- 1GNITE will not be liable in any amount to you should its Agreement performance be prevented, restricted or interfered with by circumstances or events beyond its reasonable control.
- This Agreement will be governed by and construed under Texas law without regard to its conflict of laws principles.
- 1GNITE may assign this Agreement
1GNITE SITE TERMS OF USE
1GNITE Solutions, LLC (“1GNITE”) offers you (“you” or “User”) access to this website (the “1GNITE Marketplace Site”) based upon the terms contained in this Terms of Use Agreement (the “Agreement”). By using the Market Place Site, you agree and accept each of the terms contained in the Agreement.
Sign Up: Browsing the 1GNITEMarketplace.com Site is free and does not require registering an account. To make a purchase on the 1GNITEMarketplace.com, you must follow the sign up process. When you register at the 1GNITE Site, you must choose a username and password. You are responsible for the security of your username and password and are not to disclose either to a third party or to use the username or password of any other user. You are responsible for all activity that occurs under your 1GNITE account. In the event your account is breached or accessed by someone other than you, you must contact 1GNITE immediately.
Sign Up is only available to those who can form a legal contract. Minors under 18 years of age, those whose account has been temporarily or permanently suspended, or those not legally competent to enter into a binding contract, must not use or sign up to the 1GNITE Site. 1GNITE reserves the right to cancel the account of any User that violates the Agreement. 1GNITE reserves the right to refuse registration or access to its site, to anyone, at any time, in its sole discretion.
Transaction Risks: The 1GNITE Site provides a venue where Sellers may list for sale, or for purchase, items for sale in accordance with these terms. Users assume all risks involved in every transaction. All items are sold by Seller and accepted by buyer on an “as is, where is” basis. Seller expressly disclaims and negates any warranties against defects or of merchantability or fitness for a particular purpose. Buyers assume all liability and costs regarding the equipment. 1GNITE makes no implied or express warranties.
Right to Terminate Purchase: If, for any reason, 1GNITE is unable to complete the sale of any purchase to buyer, even if the buyer was given notice that he is the purchaser, 1GNITE may terminate the purchase, in which case 1GNITE's only liability shall be the return of any monies actually paid by buyer for the item.
Sales Tax
If You have a Sales Tax Exemption or Resale Certificate, please send it to us with 1GNITE listed as the Seller so we may omit sales tax from your invoice. We must charge applicable sales taxes unless we receive a signed and valid certificate prior to the sale. Please understand that if we receive your tax certificate at a later date, we will not be able to refund taxes paid on past invoices as we will have already filed and remitted with the states. The tax certificate will be applied to all future invoices only.
User Representations & Restrictions: You represent and warrant that in using the 1GNITE Site
- you will deliver payment, together with any applicable sales tax, for items purchased by you in the ordinary course of business unless You provide an applicable Resale Certificate;
- you will pay any fees owed to 1GNITE and will not circumvent or manipulate our fee structure or billing process;
- you shall abide by all applicable civil and criminal laws;
Term: The Agreement, and any amendments, shall govern your relationship with 1GNITE and use of this Site for the period of time that you use the 1GNITE Marketplace Site and shall survive beyond the end of your use.
Warranties: 1GNITE will provide the Site services in a professional manner and according to acceptable industry standards. We provide items to you “as is” and “as available” without warranty. Each party shall comply with all applicable federal, state and local laws pertaining to the use of the 1GNITE Site. 1GNITE makes no representation as to the completeness and accuracy of the information contained in the Site. This information may be incomplete, may contain errors or may become out of date.
- 1GNITE EXPRESSLY WAIVE ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, INTEGRATION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE.
- Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS PROVIDED IN THE “TERM” SECTION, ABOVE, 1GNITE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE OR ANY LINKED THIRD-PARTY SITES. IN PARTICULAR, 1GNITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE OR TORT.
Changes: By using the 1GNITE Site, you accept and agree to be bound by each of the terms contained in the Agreement, which may be modified in accordance with this section. Non-material changes may be made by 1GNITE at any time. 1GNITE will notify Users in advance of any material change to this Agreement and require that you accept the amended Agreement. Your access to and use of the 1GNITE Marketplace Site after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended.
Indemnification: You agree to indemnify, release and hold harmless 1GNITE and its respective officers, directors, shareholders, members, employees, agents, heirs, successors in interest, representatives, parents, subsidiaries, affiliates, licensors and content providers from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable legal fees, that may be incurred or suffered by 1GNITE arising out of third-party claims related to: (a) your obligations under this Agreement, (b) your use of the 1GNITE Marketplace Site or (d) any violation of any law, rule or regulation related to your use of the 1GNITE Site.
Release: You hereby release 1GNITE and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, damages (including direct and consequential) of every kind and nature, known or unknown, disclosed and undisclosed, arising out of or connected with your use of the 1GNITE Marketplace Site. If you are a California resident, you waive California Civil Code Section 1542.
Termination: 1GNITE may immediately terminate this Agreement if: (a) you breach this Agreement, (b) 1GNITE terminates or suspends its business, (c) 1GNITE becomes subject to bankruptcy or insolvency proceeding under Federal or state statute; (d) becomes insolvent or subject to direct control by a trustee, receiver or similar authority; (e) has wound up or liquidated, voluntarily or otherwise; or (f) you are involved in conduct that 1GNITE reasonably believes is likely to damage 1GNITE’s Properties or goodwill.
Dispute Resolution: All irresolvable, material differences or disputes which may arise between you and 1GNITE concerning this Agreement shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Dallas, Texas, and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. You and 1GNITE agree that: (a) arbitrators will be selected with expertise in the area in dispute; (b) punitive damages or other remedies not permitted under this Agreement will be allowed; (c) each party will pay an equal share of the arbitrator’s fees and expenses and bear its own attorneys’ fees, witness fees, and other costs of arbitration; and (d) the arbitration decision will be jointly-submitted for enforcement in Dallas County Circuit Court, Dallas, Texas or in U.S. District Court for the Northern District of Texas, Dallas, Texas.
Users are responsible for resolving disputes with other Users. 1GNITE has no obligation to review or determine the merit of any complaint. 1GNITE reserves the right to review disputes and/or complaints at its sole discretion.
General:
- These Terms and Conditions constitute the entire agreement between you and 1GNITE and supersede all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
- 1GNITE will not be liable in any amount to you should its Agreement performance be prevented, restricted or interfered with by circumstances or events beyond its reasonable control.
- This Agreement will be governed by and construed under Texas law without regard to its conflict of laws principles.
- 1GNITE may assign this Agreement