Terms & Conditions

EFISH AUCTIONS / WWW.EFISHUSA.COM TERMS AND CONDITIONS

TERMS OF USE

Efish Auctions Inc. (referred to hereafter as EAI, “The Company”) provides a collection of online services, resources, forums, email services, ads and communications. EAI provides and owns www.efishusa.com, (referred to hereafter as efishusa.com) by using or interacting with AEI or the before mentioned website, www.efishusa.com, in anyway, you are agreeing to comply with all of EAI’s Terms of Use, Conditions, Policies and guidelines. In addition, when using any product or service of EAI or efishusa.com, you agree to abide by any EAI or efishusa.com applicable posted guidelines which may change from time to time. Should you object to any of the Terms of Use, Conditions, Policies, guidelines or subsequent modifications thereto or become dissatisfied with EAI or efishusa.com in any way, your only recourse is to immediately discontinue use or interaction with EAI and or efishusa.com.


MODIFICATIONS TO THIS AGREEMENT
EAI and or efishusa.com reserve the right, at our sole discretion, to change, modify or otherwise alter these terms, conditions, policies, guidelines or services at any time. Such modifications shall become effective immediately upon the posting thereof. It is your obligation to review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version at of the agreement at:
http://www.efishusa.com


CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from EAI or efishusa.com, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via EAI or efishusa.com. You understand that EAI and or efishusa.com does not control, and is not responsible for Content made available through EAI and or efishusa.com, and that by using EAI and or efishusa.com, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, EAI and or efishusa.com and Content available through EAI and or efishusa.com may contain links to other websites, which are completely independent of EAI or efishusa.com. EAI and or efishusa.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will EAI and or efishusa.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via EAI’s website www.efishusa.com. You acknowledge that EAI and or efishusa.com does not pre-screen or approve Content, but that EAI and or efishusa.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via EAI and or efishusa.com, for violating the letter or spirit of the Terms, Conditions, Policies or Guidelines for any reason.


THIRD PARTY CONTENT, SITES, SERVICES, PAYMENTS AND FRAUD
EAI and or efishusa.com may contain content, features and functionalities which may connect and or link you to third party content which is completely independent of EAI or efishusa.com. Third party content, features and functionalities may include, but is not limited to, websites, directories, servers, networks, systems, information, databases, applications, software, programs, products, services and the internet as a whole.

Your interactions with organizations and or individuals found on or through the EAI or efishusa.com, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. EAI and efishusa.com strongly suggest you proceed with caution and due diligence when becoming involved with any third party content, sites, services, payment or any other interaction which is based on the internet as a platform for your interactions.

You agree that EAI and or efishusa.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that EAI and or efishusa.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release EAI and or efishusa.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and or our service. If you are a California resident, you waive California Civil Code Section 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."


PRIVACY
Please review our Privacy Policy which governs your visit to www.efishusa.com to understand our practices.


COPYRIGHT
All Content included on efishusa.com is the property of EAI. Property includes but is not limited to text, email, graphics, logos, pictures, buttons, icons, images, audio, digital downloads, data completions, software. All content is protected by US and international copyright laws.


CONDUCT
You agree to abide by all state and federal laws when conducting any type of interaction, action, business dealing or general use of the website www.efishusa.com or with EAI. You also agree to conduct only transactions that are lawful and are not fraudulent in any way.


CONDUCT Continued
Any action which is perceived to be or is in fact fraudulent or maybe in conflict with the paragraph above (CONDUCT) will result in the immediately removal of you account, posted items and any other interaction you have with EAI and or efishusa.com will be terminated immediately upon discovery.


YOUR ACCOUNT
If you use the site, efishusa.com, you are responsible for maintaining the confidentiality of your account, username and password, and for restrict access to your computer. You also agree to accept responsibility for all activities that occur under your account, username or password. If you establish an account and are under the age of 18, you must only use efishusa.com with the direct involvement and supervision of an adult or legal guardian.


RISK OF LOSS
Any product(s) which are directly shipped from an EAI or efishusa.com facility are made pursuant to a shipment contract by the carrier responsible for delivering the purchased item(s). This means that the risk of loss and title for such item(s) pass to you upon our delivery to the carrier.


PRODUCT DESCRIPTIONS
EAI and or efishusa.com attempts to be as accurate as possible when posting direct sale items on the site, efishusa.com. Direct sales items are defined those items which AEI and or efishusa.com purchases for resale on efishusa.com. EAI and or efishusa.com will not warrant that product descriptions or other content on or of this site is accurate, complete, current, reliable, or error free. If you feel you have received a product which was a direct sale item from EAI and or efishusa.com and it was not as described, your only recourse and sole remedy is to return it in unused condition.


DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AEI AND OR EFISHUSA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AEI AND OR EFISHUSA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AEI AND OR EFISHUSA.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AIE AND OR EFISHUSA.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM AEI AND OR EFISHUSA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


DISPUTES
All disputes which are a result of a visit, interaction, purchase or posting on efishusa.com with a value of more than 500.00 shall be adjudicated in any state of federal court in Rockingham County, New Hampshire, and you consent to exclusive jurisdiction and venue in such courts.


RATES AND FEES

  • Business Account – Transactions which apply to business accounts are direct user / buyer to business account seller. The user / buyer pays the business account seller in full. AEI and or efishusa.com will invoice at a predetermined billing cycle, the business account seller. A percentage rate for offering products, services, advertising and marketing will also be determined prior to sales and promotion of products on efishusa.com.
  • Fees – Item posted on efishusa.com’s site are subject to a 3.75 transaction fee at the point of sale. The 3.75 percent fee will not be charged if the item does not sell. A monthly invoice will be generated and electronically sent to sellers with payment due for the monthly transaction fees.
  • Boat Postings – All boat posting will have a set fee subject to change. Postings are valid for the period of one year. A renewal email will be sent to the boat seller / poster asking if they would like to renew the posting for another year at a flat rate. Currently the fee has been removed for the initial 90 days that efishusa.com is in operation. The acquisition of all types of boats is between registered users, AEI and or efishusa.com has no knowledge or liability concerning the acquisition or aspects of the transaction or communications.


USER AGREEMENT AND ACKNOWLEDGEMENT
By interacting, visiting, browsing, conduction transactions, conducting commerce, or engaging AEI and or efishusa.com you agree to all terms, conditions, policies and agreements. AEI / efishusa.com Address 3 Newington Rd Greenland, NH 03840 For inquires or disputes please contact support@efishusa.com