User Agreement Close window


Welcome to LaModelDisplay.COM. Any person who wishes to access the Site to buy or sell for goods must accept the terms and conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

LaModelDisplay.COM. (hereinafter "LaModelDisplay.com") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

 

  1. Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to LaModelDisplay.com that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address, and valid credit card information. The valid credit card information must be satisfied when you submit your order.
  2. Fees and Payment Terms. No fee for buyers who are registering on this site. Any fee schedule and payment terms in effect on the date of listing the item shall govern the transaction. All prices are quoted in U.S. Dollars. Please note that we may change the prices for our products from time to time. Please check the prices and terms each time you participate. Each time you list an item you will have an opportunity to review and accept the prices that will be charged for the use of our listing products. We may in our sole discretion change some or all of our products at any time. In the event we introduce a new product, the prices for that product will become effective upon the launch of the product.
  3. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for conducting and participating in transactions contained in the Help Pages, which are incorporated by reference into, and made part of, this Agreement. The policies, procedures and guidelines contained in the Help Pages explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by LaModelDisplay.com in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to the Help Pages to understand the current procedures and guidelines for participating and to be sure that the goods you offer for sale or want to buy on the Site.
  4. LaModelDisplay.com's Role and Responsibilities
    LaModelDisplay.com features several types of shopping, and LaModelDisplay.com's role and responsibilities vary in each such shopping-type.
    • LaModelDisplay.com Direct Shopping. LaModelDisplay.com itself is the seller of the products offered in LaModelDisplay.com Direct Shopping. In Direct Shopping, LaModelDisplay.com undertakes responsibility for all aspects of the shopping and the selling listing, including product descriptions, identification of quantities and establishment of selling prices.
    • LaModelDisplay.com Direct Seller. Through the LaModelDisplay.com Preferred Partner program, a variety of merchants may directly list goods for selling. LaModelDisplay.com does warehouse, ship and manage inventory or goods listed by LaModelDisplay.com Direct Seller merchants. LaModelDisplay.com Direct Seller merchants list items directly, and undertake responsibility for all aspects of their item listings, including product descriptions, identification of quantities, establishment of selling prices, establishment of reserve requirements (if any) and shipping.

      IT IS THE SELLER'S RESPONSIBILITY TO ACCURATELY DESCRIBE THE ITEM FOR
      SALE. LaModelDisplay.com CANNOT ENSURE AND DOES NOT KNOW WHETHER (1) ANY LaModelDisplay.com CONSUMER EXCHANGE LISTING IS ACCURATE, COMPLETE, MISLEADING OR DECEPTIVE, (2) THE ITEM(S) LISTED ARE SAFE, LEGAL OR OF ACCEPTABLE QUALITY, OR (3) THE SELLER AND BUYER WILL PERFORM AS PROMISED. ACCORDINGLY, YOU SHOULD EXERCISE CARE IN ENTERING INTO ANY AGREEMENT WITH ANOTHER PERSON IN THE LaModelDisplay.com CONSUMER EXCHANGE. BUYERS AND SELLERS USE THE PRODUCTS IN THE LaModelDisplay.com CONSUMER EXCHANGE AT THEIR OWN RISK.
  5. LaModelDisplay.com Payments
    • LaModelDisplay.com currently accepts credit card/debit card payments and Open Account payments (for corporations only) for orders in LaModelDisplay.com Direct shopping. LaModelDisplay.com honors Visa, MasterCard, Discover and American Express.
    • You warrant that any payment method selected by you when placing an order shall enable you to make full and immediate payment for the item(s) chosen. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, LaModelDisplay.com may in it sole and absolute discretion cancel your order. At LaModelDisplay.com sole discretion, but without any obligation, alternate payment methods may be arranged with the buyer(s) in the case where a payment method has been declined.
    • Buyers must pay sellers in Consumer Exchange through methods designated by applicable sellers.

       
  6. LaModelDisplay.com Reservation of Rights. LaModelDisplay.com retains the right, but does not have the obligation, to immediately halt any selling items, prevent or restrict access to the Site or the Services or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items or any items otherwise prohibited by the procedures and guidelines contained in the Help Pages, and to correct any inaccurate listing or any inappropriately categorized items in LaModelDisplay.com Direct Shopping.
  7. Your Transactions and Obligations. Buyers and sellers create different obligations by accessing the Site and using the Services. By listing an item by sellers in the Consumer Exchange, you represent and warrant to prospective buyers that you have the right and ability to sell, and that the listing is accurate, current and complete and is not misleading or otherwise deceptive.
    • Sellers must provide a full refund directly to any buyer who remits payment, whether directly or through any payment service, if the item cannot be shipped in 48 hours. Seller must provide the refund promptly, but in no case later than thirty (30) days following the submitted order. Any buyer who believes he/she may be entitled to a refund on this basis should contact the seller directly.
  8. Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
  9. Illegal Activity
    • Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Products and  Services, including in regard to ordering, listing, purchasing and selling items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make order under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and LaModelDisplay.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
  10. Breach. Without limiting other remedies, LaModelDisplay.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our products and services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if LaModelDisplay.com or any Direct Seller or Consumer Exchange vendor or seller is unable to verify or authenticate any information you provide to LaModelDisplay.com; or (c) if LaModelDisplay.com believes that your actions may cause legal liability for you, other LaModelDisplay.com users or LaModelDisplay.com.
  11. Privacy, Monitoring and Disclosure.
    • LaModelDisplay.com is committed to protecting your privacy, which is incorporated by reference into, and made part of, this Agreement. LaModelDisplay.com may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by LaModelDisplay.com except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.
    • Investigation. As permitted by applicable law and consistent with our privacy policy, LaModelDisplay.com has the right, but not the obligation, to monitor any activity and content associated with this Site. LaModelDisplay.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. LaModelDisplay.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
    • Disclosure of Information. As permitted by applicable law, LaModelDisplay.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect LaModelDisplay.com systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of LaModelDisplay.com business and systems or other purposes deemed reasonable by LaModelDisplay.com, LaModelDisplay.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
  12. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. LaModelDisplay.com MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
    • THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
    • THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
    • THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THE CONSUMER EXCHANGE ON THE SITE WILL BE AS REPRESENTED BY SELLERS, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS IN THE CONSUMER EXCHANGE WILL PERFORM AS PROMISED;
    • ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
    • ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF LaModelDisplay.com.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LaModelDisplay.com DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM LaModelDisplay.com OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

  1. General Release. BECAUSE LaModelDisplay.com IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS IN THE CONSUMER EXCHANGE SELLING COMMUNITY, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE LaModelDisplay.com (AND ITS AGENTS 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 ?542, 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." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY LaModelDisplay.com.
  2. Limitation of Liability. LaModelDisplay.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE PEODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
  3. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LaModelDisplay.com AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
  4. Applicable Law and Arbitration. The laws of the State of New York govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
    YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR PRODUCRS SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW JERSEY, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR LaModelDisplay.com MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN CHICAGO, ILLINOIS, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR LaModelDisplay.com PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
  5. Termination. LaModelDisplay.com, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current selling immediately without notice for any reason.
  6. Copyright. If you believe that you have been defamed in some manner by the LaModelDisplay.com Web site or your own work has been copied in a way that constitutes copyright infringement, please provide LaModelDisplay.com Copyright Agent the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (ii) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the LaModelDisplay.com Web site; (iii) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (iv) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf.

LaModelDisplay.com 's Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is:

support
GecSoft.Com, Inc.
29-50 137 Street, Suite 4B
Flushing, NY 11354
By email:sale@LaModelDisplay.com

 

 

Copyright©2009 LaModelDisplay.com, GECSOFT.COM, Inc . All Rights Reserved. Use of this Web site constitutes acceptance of the LaModelDisplay.com User Agreement and Privacy Policy. All offers, promotions and prices are subject to change without notice. LaModelDisplay.com is not responsible for any typographical or photographic errors which may appear on our website.