Terms and Conditions
This Member Agreement (this "Agreement") describes the terms and conditions applicable to your ("Member") use of our services at EZFuelBid.com ("Web Site", "EZFuelBid", or "EZFuelBid.com"). By using EZFuelBid.com, you accept the terms and conditions of this Agreement on behalf of yourself and/or your company. If you do not accept these terms and conditions or have any questions, please contact info@ezfuelbid.com. This Agreement may not be otherwise amended except in writing, signed by both parties.Membership Registration
EZFuelBid.com 's services are available only to individuals, corporations or other business entities that have agreed to the terms of this Agreement and have provided the information requested on the Membership Registration Form and that are legally permitted to enter into contracts for the sale of goods or services under applicable law. Should additional information be required, EZFuelBid.com may at its discretion grant full membership, reject membership or approve membership subject to offer limits. EZFuelBid.com through its approval process makes no assertions regarding a member to other members.
Standard Terms and Fees
All members are subject to EZFuelBid.com 's standard terms included in this Agreement and the fees available on the EZFuelBid.com Web Site. Member will be eligible to receive terms and fees no less favorable than any other member.
Fees and Commissions
Each Seller in a transaction for which a successful sale/auction end notice is issued shall pay our company the agreed upon commission based on the final gross sale amount for the transaction in question, and as determined by the posted fee charts on our web site. Please email to info@EZFuelBid.com for further information on Seller rates or Premium Seller rates.
EZFuelBid.com is Only a Venue
EZFuelBid.com acts as the venue for our members to conduct transactions or auctions and to bid on other members' offers or auctions. The actual transaction occurs between buyers and sellers. We have no control over and are not responsible for the quality, safety, legality or condition of the goods or services advertised, the truth or accuracy of the listings or the ability or capacity of any buyer or seller to participate in the transactions. We cannot and do not control whether sellers will complete the sale of items on which they have post and bid or buyers will complete the purchase of items that they have posted. In addition, Member acknowledges that it is aware that it may face additional risks of dealing with people acting under false pretense. EZFuelBid.com has established a rating system, discussion forum, quality checks and a feedback system to help members better evaluate the buyers and sellers on the EZFuelBid.com web site. However, such systems are not foolproof, so EZFuelBid.com encourages members to act with due care and to use the contact information provided to communicate directly with trading partners to assist in evaluating the parties to each transaction or auction.
Member hereby agrees to release EZFuelBid.com (and its agents, employees, officers and directors) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with listings, bids, uncompleted or completed transactions, or items offered or actually sold through the web site.
Although EZFuelBid.com is not responsible for the accuracy, legality or decency of information or content contained on, distributed through, or linked, downloaded or accessed from any of the services contained in this web site, EZFuelBid.com will use reasonable efforts to require that Members act professionally and responsibly. We reserve the right to take down any information that we deem unprofessional or irresponsible. However, any reliance by Member on such information, content or other materials shall be at Member's sole risk.
Bidding and Selling
Members agree to complete the sale in good faith after completion of an auction or exchange at the price submitted in the bid, subject to customary business and credit checks. EZFuelBid.com will send an e-mail to the seller and the winning bidder notifying each party that the auction has closed, along with a reminder that the winning bidder is responsible for contacting the buyer within three (3) business days to arrange for fuel delivery.
EZFuelBid.com does not verify, warrant or guarantee the condition of any goods or services offered for sale by any member. All goods and services are sold as specified in the offered or auction description. Any complaints or problems with services should be addressed to the seller. EZFuelBid.com is not involved in these or other disputes between buyers and sellers other than to provide each party, upon request, with the contact information of the other party. Neither Member nor EZFuelBid.com will be responsible for any transactions or auctions "lost" due to technical problems or service interruptions beyond EZFuelBid.com 's reasonable control.
Whenever Member chooses to post a request, bid, or transact on an item, you are certifying that the Member has the legal right in its jurisdiction to sell those goods or services. Each transaction and auction is independent and subject to any additional terms and conditions established by the buyer and seller. Because buyers and sellers are free to control the qualifying criteria for contracts to participate in their transactions and auctions.
Listing and Buying
Listings or Postings are descriptions of goods or services requested by a buyer and reverse auction request appearing on EZFuelBid.com 's web site supplied by a Member. Member is solely responsible for all goods and services requested and for the information posted by it regarding such goods or services. Member may not post false or misleading information regarding goods or services requested for purchase or offered for sale. Member agrees to negotiate in good faith towards agreement after completion of a dealing or exchange at the price submitted in the transaction or the bid. Whenever a buyer lists a request for purchase, that buyer certifies that it has the legal right in its jurisdiction to purchase the goods or services listed. Member may not post listings for any illegal goods or services. EZFuelBid.com reserves the right to refuse to post any listing for bids.
Company Information
Company information includes any information provided by Member or Member's employees or agents during the registration, transactions/bidding or listing process, in any public message area or through any e-mail feature, to EZFuelBid.com or to other users (collectively, "Company Information"). With respect to Company Information:
i. Member is solely responsible for all Company Information, and EZFuelBid.com acts as a passive conduit for online distribution and publication of Company Information. EZFuelBid.com may take reasonable remedial actions with respect to such information (including disclosure to third parties), if EZFuelBid.com is required by law or believes it is necessary to prevent damage to or loss of our service or liability with respect to other parties.
ii. Information posted shall not: (a) infringe any third party's proprietary or intellectual property rights; (b) violate any law, statute, ordinance or regulation; (c) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) be obscene, pornographic or indecent; (e) contain any computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (f) link directly to or include descriptions of goods or services that: (i) are identical to other goods or services Member has up for transaction or auction on the EZFuelBid.com site; (ii) are concurrently listed for transaction or auction on a web site other than EZFuelBid.com's; or (iii) Member does not have a right to link to or include.
iii. So that EZFuelBid.com may deliver the EZFuelBid.com services pursuant to this Agreement without violating any rights the Member might have in the Company Information, Member hereby grants EZFuelBid.com a limited, non-exclusive, worldwide, royalty-free license to the Company Information solely for the purpose of operating EZFuelBid.com 's Web Site to provide the EZFuelBid.com Services. EZFuelBid.com will only use Company Information in accordance with the EZFuelBid.com Privacy Policy.
No Price Manipulation
Members may not manipulate the price of goods and services requested for purchase or offered for sale.
System Integrity
Member may not interfere or attempt to interfere with the proper working of the EZFuelBid.com web site or any transaction or auction being conducted on the EZFuelBid.com web site. Member may not take any action that imposes an unreasonable or disproportionately large load (such as uploading large files) on the EZFuelBid.com web site infrastructure.
Feedback
Member is encouraged to participate in EZFuelBid.com s feedback and message posting system, which involves posting comments that members offer about other members. Member agrees to abide by EZFuelBid.com 's feedback rules and not to take any actions that may undermine the integrity of EZFuelBid.com 's feedback system. If Member receives repeated justifiable negative comments from other Members, EZFuelBid.com reserves the right to revoke Member's membership. Failure to consummate a transaction or auction without a justifiable reason may be treated as a negative comment.
Requests
Member may request information or quotations from other members. An information request may not contain any prices, other financial information usable in a transaction or auction between the disclosing member and the member receiving the information or information from which a member could determine such information. A quotation request is a request for the price of a specific product or service.
Breach
EZFuelBid.com operates on the premise that its members are and will be professional, courteous and trustworthy and will act in good faith. EZFuelBid.com may terminate Member's membership and any of Member's current transaction if (i) Member materially breaches this Agreement; (ii) EZFuelBid.com reasonably believes that Member has violated or attempted to violate the rights of others; or (iii) EZFuelBid.com is unable to verify or authenticate any material information Member provides to EZFuelBid.com. In the event EZFuelBid.com terminates Member's membership under this Section, EZFuelBid.com will not provide any refunds of any commissions, membership fee or other amounts for which services have already been provided.
Privacy
EZFuelBid.com's privacy policy (the "Privacy Policy") as it may be amended from time to time, is available on the EZFuelBid.com site. EZFuelBid.com reserves the right to amend the Privacy Policy in our sole discretion..
Warranty; Disclaimers
EZFuelBid.com will use reasonable commercial efforts to provide the EZFuelBid.com services in a professional, reliable and secure manner. EXCEPT AS PROVIDED ABOVE, EZFuelBid.com PROVIDES THE EZFuelBid.com WEB SITE AND ITS SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. EZFuelBid.com SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limit of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SERVICES, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MEMBER AGREES THAT EZFuelBid.com SHALL NOT BE RESPONSIBLE OR LIABLE TO MEMBER OR NONMEMBER OR ANYONE ELSE FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH EZFuelBid.com 'S WEB SITE OR SERVICES. EZFuelBid.com 'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT OF FEES MEMBER PAYS TO EZFuelBid.com FOR THE AFFECTED MEMBERSHIP OR SERVICES.
General Compliance with Laws
Each party agrees to comply with all applicable laws regarding use or provision of the EZFuelBid.com services and Member bidding on, listing, purchase and sale of goods or services.
Corporate Authority
If the individual accepting this agreement accepts the Agreement on behalf of another entity, then that individual warrants and represents that he or she is authorized on behalf of the entity that is applying for membership and has the corporate power to bind the corporation to this agreement.
Users
Member is responsible for all agents acting or purporting to act on Member's behalf. Member is responsible for the actions and statements of all users who access the EZFuelBid.com web site using Member's membership ID. Such users will be deemed to be agents of Member. Member agrees that prior to permitting any and all agents to use the services of EZFuelBid.com, each such agent will first acknowledge the terms of this Agreement and agree to be bound by them.
No Agency
Member and its agents, on the one hand, and EZFuelBid.com, on the other hand, are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Assignment, Resale or Unauthorized Commercial Use Member's membership belongs only to Member, Member agrees not to resell, assign or transfer its rights or obligations under this Agreement. Member also agrees not to make any unauthorized commercial use of EZFuelBid.com's web site or services.
Others' Information
Member agrees not to make use of or disclose to third parties any other user's information received by Member from the EZFuelBid.com site other than as necessary to participate in the EZFuelBid.com auction. The preceding obligation does not apply to other user's information that is publicly available or available from sources other than the EZFuelBid.com Web Site.
Additional Rules of Etiquette
Member will not, when using EZFuelBid.com web site, (i) threaten, defame or spread false information about another member; (ii) bid under a false name or account or misrepresent Member; (iii) engage in extortive behavior; (iv) use the EZFuelBid.com web site to send unsolicited commercial e-mail ("spam").
Notices
Except as explicitly stated otherwise in this Agreement, any notices shall be given by e-mail to info@EZFuelBid.com (in the case of EZFuelBid.com) or to the e-mail address Member provides to EZFuelBid.com during the registration process (in Member's case), or such other address as either party shall specify or by commercial courier service or by certified mail, postage prepaid and return receipt requested, to the address provided to EZFuelBid.com during the registration process.
General
This Agreement shall be governed in all respects by the laws of the United State. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Any failure by EZFuelBid.com to act with respect to a breach by Member or others does not waive EZFuelBid.com s right to act with respect to subsequent or similar breaches. This Agreement sets forth the understanding and agreement between us with respect to the subject matter hereof.
This document last updated: January 14, 2010
The services herein are offered by EZFuelBid. Any inquiries can be made to:
info@ezfuelbid.com
EZFuelBid PO Box 1557 Burlington, CT 06013-1557
All contents of the EZFuelBid.com Web Site are Copyright © 2010., All rights reserved. EZFuelBid, EZFuelBid.com, and/or other products and services referenced herein may also be either trademarks or registered trademarks of EZFuelBid and/or EZFuelBid.com. The names of companies, organizations, products, domain names, email addresses or logos mentioned in the EZFuelBid.com web site may be the trademarks of their respective owners.
