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Terms of Service

Mpire Corporation

Terms of Use Researcher and Buyer

These terms of use (Terms) are a legal agreement between you and Mpire Corporation (Mpire) governing your use of Mpire's research and comparison shopping services described on the Mpire website (Service). Please read the Terms carefully before using the Service. By clicking on the I accept button, you agree to become bound by the Terms. If you do not agree to the Terms, then click on the I do not accept button and do not use the Service.

A Note About Minors
The Mpire website is not targeted towards, nor intended for use by anyone under the age of 18. By using the Mpire website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Mpire website. We reserve the right to terminate your membership in the event that Mpire becomes aware you are under 18.

Updates to Service
Mpire may update the Service at any time. Notification will be by updating the description of the Service on the Mpire website. These updates will apply to all future and existing accounts for the Service.

Privacy Policy
Mpire's information and collection practices are set forth in the Mpire privacy policy, available at www.mpire.com/home/privacypolicy.html. Please read the privacy policy carefully. By agreeing to these Terms, you are agreeing to the privacy policy.

Member Account, Password, and Security
Use of the Service requires that you register for an account. You must complete the registration process by providing Mpire with complete and accurate information. You must choose a valid email address and a password. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You will notify Mpire immediately of any unauthorized use of your account or any other breach of security. Mpire will not be liable to you for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

Use of Service
Mpire provides a number of different services to assist you in researching products to sell and comparison shopping for auctioned and used products to buy. Mpire provides information about products and third party merchants, and links to third party merchants that are selling listed products. In some cases, Mpire is paid by merchants or other third parties to list products on the Mpire website. The products listed on the Mpire website are sold by third party merchants, and are not sold by Mpire. Mpire may also participate in third party merchants affiliate or referral programs.

The Service will allow you to access third party services, such as the eBay, Amazon, Yahoo, Overstock or Terapeak data services, and in some cases payment services. These third party services are governed by their own terms of use and other requirements. You agree to abide by these third party requirements when you access the third party services through the Service. Mpire is not responsible for the services and information provided to you through these third party services.

You will not use the Service for any purpose that is unlawful or prohibited by the Terms. You are strictly prohibited from using the data in any manner whatsoever for the benefit of any other third party to explore, undertake or commit to other commercial or research related activity without the express written consent of Mpire. You are restricted from copying, sublicensing, reproducing, distributing, or disclosing the data for any other purpose for its benefit or for that of any other third party without the express written consent of Mpire. You are not allowed to use the data to build a derivative product and or work, and shall not use the data to reverse engineer any work or product.

You will not use the Service in any manner that could damage, overburden, or impair the Service, any Mpire server, or networks connected to any Mpire server, or interfere with any other party's use and enjoyment of any Service. You will not attempt to gain unauthorized access to the Service, other users' accounts, or services connected to the Service.

The Service contains messaging/email features designed to enable you to communicate with others for the purposes of inviting others to register for this service. You will only use these features to post, send, and receive content that is proper and legal. Mpire has no obligation to monitor the Service. However, Mpire may review and monitor your use of the Service for violations of these Terms. Mpire may immediately and at any time terminate your access to the Service, if Mpire believes in its sole discretion that you have violated these Terms.

Violations
The Service allows individuals to research items for sale online. Mpire does not control how users use the Service or what items they research. Mpire is not in a position to arbitrate trademark disputes between the advertisers on the Mpire website and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, Mpire does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via the Mpire website, and trademark owners should contact third party sites directly to resolve trademark disputes. As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints. If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on the Mpire website that is consistent with the foregoing, or you believe that we have improperly used your registered trademark to promote the Mpire website on a third party website, you may notify Mpire at: abuse@mpire.com. You must include a detailed description of the infringement and the account of the user. Mpire will use reasonable efforts to investigate violations of these Terms that you submit in accordance with this paragraph, but may not be able to investigate in all instances. Mpire cannot modify or remove auctions or other information on third parties' websites, so you must request their removal from the appropriate contacts of the third party website.

Disclaimer
THE SERVICE IS PROVIDED ON AN AS-IS BASIS AND MPIRE AND ITS PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICE, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, AND ACCURACY. MPIRE DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION. The Mpire website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Mpire website, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Mpire liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Mpire website.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MPIRE, ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION.

Limitation of Liability
NEITHER MPIRE NOR ITS PARTNERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO ACCESS YOUR CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. THESE LIMITATIONS WILL APPLY EVEN IF MPIRE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

MPIRE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF $20 OR THE AMOUNT PAID BY YOU IN THE PAST 2 MONTHS FOR THE SERVICE THAT CAUSED THE DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THESE TERMS.

The Disclaimer, Limitations of Liability, and exclusive remedies set forth in these Terms are fundamental elements of the basis of the agreement between Mpire and you. Mpire would not be able to provide the Service to you on an economic basis without these limitations and they are an essential basis of the bargain in the Terms.

Termination
Mpire has the right to terminate or cancel your membership to the Service at any time, if Mpire believes in its sole discretion that you have violated these Terms. You may also cancel your membership at any time. The cancellation of your membership or a particular subscription is your sole right and remedy with respect to any dispute with Mpire.

General Terms
These Terms are governed by the internal laws of the State of Washington, without giving effect to principles of conflict of laws or the United Nations Convention on the International Sale of Goods. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in King County, Washington, and the federal courts in the Western District of Washington, to resolve any disputes arising under the Terms.

If you provide any feedback or suggestions to Mpire regarding the Service or other Mpire products, you hereby grant Mpire a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into Mpire's services.

These Terms contain the complete agreement between you and Mpire with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of Mpire to exercise any of its rights under the Terms or upon any breach of the Terms will not be deemed a waiver of those rights or of the breach.

If any provision of the Terms are held by a court to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect.

Mpire may update the Terms by providing notice on its website. The most current version of the Terms can be found at http://www.mpire.com/buyer/terms.html.

Mpire and other trademarks contained in the Service are trademarks of Mpire. Any third party trademarks, trade names, product names, and logos contained in the Service are the trademarks of their respective owners. These Terms do not authorize you to use Mpire's trademarks. In addition, the Mpire website and works of authorship in the Service are copyrighted and owned by Mpire. All rights are reserved to Mpire.