{"id":127,"date":"2018-11-15T17:58:13","date_gmt":"2018-11-15T17:58:13","guid":{"rendered":"https:\/\/createomoto.com\/marketplace\/?page_id=127"},"modified":"2018-11-15T17:58:34","modified_gmt":"2018-11-15T17:58:34","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/createomoto.com\/marketplace\/terms-conditions\/","title":{"rendered":"Terms &#038; Conditions"},"content":{"rendered":"<p><strong>INTRODUCTION<\/strong><\/p>\n<p>This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in<br \/>\nour website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and<br \/>\nencompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings<br \/>\nwith respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this<br \/>\nagreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and<br \/>\nyou should carefully review the same before you use our site.<\/p>\n<p><strong>Use of the site &amp; PROHIBITIONS<\/strong><\/p>\n<p>The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites,<br \/>\nincluding its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely<br \/>\nsuspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting<br \/>\ninformation about users personal information; (d) maneuvering the price of any item or interfere with other users\u2019 listings; (f) post false, inaccurate,<br \/>\nmisleading, defamatory, or libelous content; (g) take any action that may damage the rating system.<\/p>\n<p>For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information<br \/>\nneeded in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and<br \/>\nbe responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive<br \/>\nnature.<\/p>\n<p><strong>Payments AND PROCESSES OF INVIOCES<\/strong><\/p>\n<p>https:\/\/createomoto.com has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by<br \/>\nhttps:\/\/createomoto.com prior to the latter\u2019s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by<br \/>\ncredit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An<br \/>\norder may be invoice separately. https:\/\/createomoto.com has all the discretion to cancel or deny orders. https:\/\/createomoto.com is not responsible for<br \/>\npricing, typographical, or other errors in any offer by https:\/\/createomoto.com and reserves the right to cancel any orders arising from such errors.<br \/>\nInvoices must be paid within a day of the invoice date. For all but consumer purchases, https:\/\/createomoto.com reserves the right to charge you a late<br \/>\npenalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter,<br \/>\nyou will continue to be charged an additional late penalty charge.<\/p>\n<p><strong>Refund Policy<\/strong><\/p>\n<p>We offer a refund or an exchange (on non-used gear) within 10 days of receipt of your order, unless the items were custom-produced.<\/p>\n<p><strong>RISK OF LOSS<\/strong><\/p>\n<p>All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the<br \/>\ncarrier.<\/p>\n<p><strong>PRODUCT PRICING &amp; DESCRIPTIONS<\/strong><\/p>\n<p>The List Price displayed for a product on our website represents the full retail price listed on the product itself, suggested by the manufacturer or<br \/>\nsupplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The<br \/>\nList Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are<br \/>\noffered as a set, the List Price may represent \u201copen-stock\u201d prices, which means the aggregate of the manufacturer\u2019s estimated or suggested retail price for<br \/>\neach of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of<br \/>\nmispriced in our catalogs in which the item\u2019s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions<br \/>\nbefore shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is<br \/>\naccurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused<br \/>\ncondition.<\/p>\n<p><strong>Editing, Deleting and Modification<\/strong><\/p>\n<p>We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a<br \/>\nnew agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW<br \/>\nAGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.<\/p>\n<p><strong>Acknowledgment of Rights<\/strong><\/p>\n<p>You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the<br \/>\nsite, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify,<br \/>\nadapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our<br \/>\nservices, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or<br \/>\nproprietary information related thereto.<\/p>\n<p><strong>Fraud<\/strong><\/p>\n<p>FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected https:\/\/createomoto.com shall resort all remedies available to us, and you<br \/>\nshall be responsible for all costs and legal fees arising from these fraudulent activities.<\/p>\n<p><strong>WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY<\/strong><\/p>\n<p>We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or<br \/>\nthe Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the<br \/>\nProgram will not exceed USD 2,000 or the total price of the subject products paid or payable to you whichever is less.<\/p>\n<p>We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without<br \/>\nlimitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade<br \/>\nusage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the<br \/>\nconsequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an as is basis. You<br \/>\nunderstand and agree that your use of this site is at your own risk.<\/p>\n<p><strong>Confidentiality<\/strong><\/p>\n<p>You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user<br \/>\ncustomer pursuant to a Program is proprietary information of https:\/\/createomoto.com. Such customer information is confidential and may not be disclosed.<br \/>\nPublisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.<\/p>\n<p><strong>NON-WAIVER<\/strong><\/p>\n<p>Failure of the https:\/\/createomoto.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a<br \/>\nrelinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms,<br \/>\nconditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.<\/p>\n<p>No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other<br \/>\nprovision.<\/p>\n<p><strong>MISCELLANEOUS<\/strong><\/p>\n<p>This Agreement shall be governed by and construed in accordance with the substantive laws of Fort Lauderdale Florida, without any reference to conflict-of-<br \/>\nlaws principles.<\/p>\n<p>Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably<br \/>\nsubmitted to the exclusive jurisdiction of the courts of Fort Lauderdale Florida, to the exclusion of any other courts without giving effect to its conflict<br \/>\nof laws provisions or your actual state or country of residence.<\/p>\n<p>The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall<br \/>\nbind either party herein.<\/p>\n<p>Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without<br \/>\nliability to us. However, we may assign this Agreement to any person at any time without notice.<\/p>\n<p>In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision<br \/>\nshall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable<br \/>\naccording to its terms.<\/p>\n<p>CREATEOMOTO LLC.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>INTRODUCTION This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our website. 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