Scientologists Freezone Auction

TERMS & USER AGREEMENT & CONDITIONS OF USE

THIS SITE IS THE http://freezoneauctions.com HEREINAFTER REFERRED TO AS FREEZONE AUCTIONS.
THIS SITE IS PROVIDED BY FREEZONE AUCTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
FREEZONE AUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. FREEZONE AUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FREEZONE AUCTIONS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FREEZONE AUCTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FREEZONE AUCTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH FREEZONE AUCTIONS WILL PROVIDE ITS ENTIRE SERVICES.
THIS AGREEMENT DESCRIBES USER'S RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES.
USER SHOULD READ IT CAREFULLY AND BE SURE USER UNDERSTANDS THESE TERMS AND CONDITIONS.
USE OF THIS WEB SITE AND OR ANY FREEZONE AUCTIONS PRODUCT OR SERVICE MEANS USER ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THE PARTIES TO THIS AGREEMENT ARE FREEZONE AUCTIONS AND THE USER.

Introduction
Welcome to freezoneauctions.com. By using the services on the freezoneauctions.com website you are agreeing to the following terms & conditions, (the "Agreement" or "User Agreement") with freezoneauctions.com.

Before you may become a member of freezoneauctions.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. By accepting this User Agreement.

While using the freezoneauctions.com site, you will not:

Post content or items in an inappropriate category or areas on the Sites;
Violate any laws, third party rights, copyright or trademark laws or rights or our policies such as may be posted on the Freezone Auctions site;
Use the Freezone Auctions site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site;
Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
Manipulate the price of any item or interfere with other user's listings;
Circumvent or manipulate our fee structure, the billing process, or fees owed to Freezone Auctions;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to freezoneauctions.com);
Transfer your freezoneauctions.com account (including feedback) and User ID to another party without our consent; Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm Freezone Auctions, or the interests or property of Freezone Auctions users;
Copy, modify, or distribute content from the Sites and freezoneauctions.com's copyrights and trademarks; or
Harvest or otherwise collect information about users, including email addresses, without their consent.

FREEZONE AUCTIONS RETAINS THE ABSOLUTE RIGHT TO REMOVE OR SUSPEND OR REFUSE MEMBERSHIP TO ANY MEMBER OR PROSPECTIVE MEMBER FOR ANY REASON IF THEY CONSIDER THAT MEMBER IS VIOLATING THE SPIRIT OF THE PURPOSE OF FREEZONE AUCTIONS, THE INTERNATIONAL FREEZONE ASSOCIATION, THE TERMS, USER AGREEMENT AND CONDITIONS OF USE. NO COMMUNICATION WILL BE ENTERED INTO ON THIS POINT.

Abusing freezoneauctions.com

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the freezoneauctions.coms site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for what we consider to be a long time.

Fees and Services

Joining freezoneauctions.com and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service we have a flat fee of 5% of the winning bid with a minumum of three dollars applied payable to freezoneauctions.com paypal account at the nominaled PayPal account. If there is no sale and or the seller cancels the auction for that item then a fee of three dollars is still payable to Freezone Auctions for the use of the system. These and any other fees may change at freezoneauctions.com discretion but any changes or additions will be advised well in advance and will only appply to new auctions posted after the notice of fee change has been posted and not to existing auctions. Changes to that policy are effective after we provide you with at least seven days' notice by posting the changes on the freezoneaction.com site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the site.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes due associated with the freezoneaction.com site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This may include charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability

You will not hold freezoneaction.com responsible for other users actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the freezoneaction.com site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of, if you are a California resident the California Civil Code §1542,the Uniform Commercial Code § 2-401(2), or any other code, by which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with the Uniform Commercial Code § 2-401(2) or any other code. Further, we cannot guarantee continuous or secure access to our services, and operation of the freezoneaction.com site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our freezoneaction.com site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 6 months prior to the action giving rise to the liability, or a maximum of (b) $50, whichever is the lesser.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, 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." Further information is available at the Disputes page.

All Buyers and sellers acknowledge that any Meter of any type whatsoever, examples being the Stalker, the ability, the Mark IV, Mark V Mark VI, Mark VII or the meter known as the Quantum VII or any other meter offered for sale is not intended for the diagnosis or treatment of any disease or ailment and is purely used as a guide during counseling to locate spiritual activity occurring during the counseling process.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission.

Additionally, you agree that you will not:

Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the freezoneaction.com site without the prior expressed written permission of freezoneaction.com and the appropriate third party, as applicable;
Interfere or attempt to interfere with the proper working of the site or any activities conducted on the site or other measures we may use to prevent or restrict access to the Sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the freezoneaction.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located around the planet that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Freezone Auction Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is implied, intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on the freezoneaction.com national registered agent (in the case of freezoneauction.com) or to the email address you provide to freezoneaction.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given six days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and freezoneaction.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and freezoneaction.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact the other party directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of Delaware, USA as they apply to agreements entered into and to be performed entirely within Delaware, USA between USA residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against freezoneaction.com must be resolved by a court located in Delaware, USA except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Delaware, USA for the purpose of litigating all such claims or disputes.

Improperly Filed Claims - All claims you bring against freezoneaction.com must be resolved in accordance with this Resolution of Disputes Section and the Disputes section of the International Freezone Association as listed at IFA Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, freezoneaction.com may recover attorneys' fees and costs up to $1000, provided that freezoneaction.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General

Freezone Auctions its successors and assigns, officers, members, associates and affiliates retain the right to the practice of their chosen philosophy and religion including the rituals and practices associated thereby.

Freezone Auctions and its websites are independently sponsored by the International Freezone Association and operated by independent scientologists and is neither endorsed by, associated or affiliated with the corporate company known as the Church of Spiritual Technology or it's companies and churches such as the Religious Technology Centre, Church of Scientology International™, or any other of its affiliates, corporations management organisations or groups.

As a convenience to you Freezone Auctions may provide, on this Site, links to web sites operated by other entities. If you use these sites, you will leave this site. Freezone Auctions encourages third parties to follow appropriate privacy standards and policies, but is not responsible for the actions of those parties, the content of their web sites, or any products or services they may offer. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Freezone Auctions makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Freezone Auctions or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Freezone Auctionsor any of its affiliates or subsidiaries

This Site is controlled, operated and administered by Freezone Auctions from its offices within Delaware, USA. Freezone Auctions makes no representation that materials at this site are appropriate or available for use at other locations outside of Canada and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the materials in violation of Canadian export laws and regulations. If you access this Site from a location outside of Canada, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of Canada without giving effect to its conflict of law provisions.

At Freezone Auctions, we understand that children's privacy, security and protection is important. We do not monitor the age of our user audience. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children. However, if you aged 18 or under you should not submit personal identifying information to Freezone Auctions without the consent of your parent or guardian. If you are a parent and want to limit your children's access to material you believe may be harmful to them, you may want to look into the easily obtained commercially available hardware, software and filtering devices. If you are interested in learning about these protections, information is available at various sites including http://www.worldvillage.com/wv/school/html/control.htm

All links to the Freezone Auctions Site must be approved in writing by Freezone Auctions, except that Freezone Auctions consents to links in which: (i) the link is a text-only link containing only the name " Freezone Auctions "; (ii) the link "points" only to http://freezoneauctions.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored Freezone Auctions nor be such as to damage or dilute the goodwill associated with the name and trademarks of Freezone Auctions or its Affiliates. Freezone Auctions reserves the right to revoke this consent to link at any time in its sole discretion.

IN NO EVENT SHALL FREEZONE AUCTIONS OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AND WHEN IFA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment. The provisions of this Agreement shall be continuous and shall inure to the benefit of Freezone Auctions, its successors and assigns, and shall be binding upon user and/or the estate, personal representatives, administrators and successors of user. Freezone Auctions may assign its rights and delegate its duties as to any or all transactions under this Agreement. User shall not delegate any obligations hereunder without the prior written consent of all of the duly authorized officers of the Freezone Auctions and any attempt at such delegation without such consent shall be null and void.

Jurisdiction. This agreement is governed by the laws of Delaware, USA as such laws are applied to agreements entered into and to be performed entirely within Delaware, USA by Canadian residents.

Severability. In the event that any provisions of this Agreement shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of this Agreement shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.

Freezone Auctions will not be held responsible or liable for the consequences of or the results of any activities performed by or on behalf of any Association and/or its officers, affiliates, nominees or representatives.

Force Majeur. Freezone Auctions will not be responsible for delays or failures in the transmission, receipt or execution of orders, Remittances, Payments, or information due to events or systems beyond its control. The obligations of this contract precede any government enactment. Freezone Auctions, it's owners, employees, agents or affiliates will not be responsible for any loss, damage or injury resulting from any event or system beyond its control.

User will be subject to damages and other penalties, including criminal prosecution where available and the notification of the general public of user's actions, at the sole discretion of Freezone Auctions if user attempts to use the Freezone Auctions service in connection with tampering, cracking, modifying or otherwise corrupting the security or functionality of the IFA website, services and/or association.

Freezone Auctions reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.

Entire Agreement. This Agreement constitutes the entire and whole agreement between Users and Freezone Auctions and is intended as a complete and exclusive statement of the terms of the Agreement. This Agreement shall supersede all other communications between the parties.