Introduction

By using the website accessed at www.valuvalu.com (the “Site”) and the services accessed thereby (the “Services”), you are agreeing with Valu Valu Inc. (“We”, or “Valu Valu”) to be bound by the following user agreement (“Agreement”). Any new features which from time to time may be added to the Services shall be also subject to this Agreement. You can review the most current version of the Agreement at any time at: http://www.valuvalu.com/pricing/help_agreement. Valu Valu reserves the right to update and/or change the Agreement by posting updates and changes to the Valu Valu website. You are advised to check the Agreement from time to time for any updates or changes that may impact you. To use the Services , whether you become a registered member of the Site or not, you must read, agree with and observe all of the terms and conditions contained in this Agreement and our Privacy Policy, the most current version of which you may review at any time at http://www.valuvalu.com/pricing/help_privacy.

General Conditions

We reserve the right to modify or terminate the Services for any reason, without notice at any time.

We reserve the right to refuse Services or access to the Site to anyone for any reason at any time, without having to justify such reason.

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Valu Valu does not warrant the Services will be uninterrupted, timely, secure or error-free, nor that the results obtained from the Services, including prices, will be accurate or reliable.

Valu Valu does not warrant that the quality of any product, services, information, or other material described on the Site or purchased or obtained by you through the Services will meet your expectations, or that any defects or errors will be corrected.

Except for the sole purpose of considering or completing specific commercial transactions which are enabled by the Services, no information or material on or from the Site, including but not limited to product prices, may be reproduced, redistributed, republished, uploaded, posted, or transmitted in any manner whatsoever without the express written permission by Valu Valu. Without limiting the generality of the foregoing, you may not use or access the Site to harvest or aggregate information or create derivative information.

You may not link to the Site without the express written permission of Valu Valu. If and when the Services are made available for general commercial access, you may link to the Site in accordance with guidelines that we will post to this Agreement at that time.

You may not use the Services if you are unable to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Site or our Services.

If you use the Services of offer products or services, you will not create duplicates of your offerings or post products or services in inappropriate categories.

You will not manipulate the price of any item or interfere with any aspect of the proprietary Valu Valu pricing mechanism, nor take any action that may undermine or usurp or infringe ValuValu’s rights in its proprietary pricing system.

If you participate in the Services, either to indicate prices of goods sold by you or third parties to offer products or services or to buy products or services, you will make reasonable efforts in helping the Services function as intended to determine accurate prices. As an example of complying with this obligation, you agree that you will dutifully and in a timely manner, both as a seller and a buyer, use the features of the Services to report when a transaction has been completed or cancelled.

You will not circumnavigate the fee structure or the billing process of the Services, or fees owed to Valu Valu.

In accessing the Site or using the Services, you will not violate any laws or Valu Valu or third party rights, nor post false, inaccurate, misleading, defamatory or libelous content.

At no time will you post personal information to the Site. You agree to use generic information, such as a generic email address, that will not enable other Users to easily identify your full name, employer or other personally identifiable information. You agree that you will not post to the Site any information (e.g. full name or address) that is not strictly necessary for using the Services.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

Fees

A basic version of the Services is available on the Site to eligible users without charge.  For transactions which exceed certain thresholds in terms of quantity and/or value, or to to benefit from additional features, We may charge fees. Such Fees and their billing cycle are detailed in our Fees schedule, available at http://www.valuvalu.com/pricing/help_fees (pricing services) and http://www.valuvalu.com/help/fees (marketplace), and may change from time to time. Changes to the fees policy are effective on the next billing cycle. A valid credit card is required for paying accounts.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Whether or not you are charged a fee in connection with your use of the Services, Valu Valu at all times retains all right, title and interest in and to all information and data associated or enabled by the Services, or otherwise generated from your and other users’ use of the Site and the Services (such information to include, but not be limited to, reports that you may generate as required by this Agreement, and information we gather or obtain from the Site or systems under our control which support it). 

Content

As a registered member of the Site who may wish to offer products or services for sale through the Services, you may submit or post content to the Site, which might include text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, trade dress, specifications, catalogs, literature, lists, technical information or other materials (collectively, "Content”).  You agree that you are solely responsible for all Content that you make available on the Site. You also represent and warrant to ValuValu that you own all rights and have unlimited control of your Content, which makes it possible and legal for you to post, share and transmit your Content. Without limiting the generality of the foregoing, you agree that you will not post Content to the Site that is copyrighted by someone other than you, without the express, written permission of the copyright holder. You agree that your Content, once posted on the Site, is non-confidential. Valu Valu retains the right to create limits on use and storage at its sole discretion and at any time, with or without notice.

When posting Content to the Site, you grant Valu Valu a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media known now or in the future, including, without limitation, to post, use, copy, publish, publicly display, exhibit, promote, transmit, frame, package, repackage and syndicate the Content, or any portion thereof, and to publish your name in connection with the Content and each of the foregoing activities, in all languages, via all distribution channels promoted by Valu Valu, and via all partnerships and/or other channels that ValuValu may from time to time take part in, promote or sponsor. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license.

We may, but have no obligation to, remove posted Content that is brought to our attention and that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation with any party’s intellectual property or this Agreement. We may, but have no obligation to, terminate accounts that we become aware of and determine in our sole discretion are responsible for posting any such Content.

Liability

You expressly understand and agree that Valu Valu shall not be liable, to the extent legally permitted, for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or inability to use the Services, however arising, including negligence. You will also not hold Valu Valu responsible for other user’s actions or inactions.

Regardless of the previous paragraph, if we are found to be liable, our ability to you or any third party is limited to the greater of:  (a) the total fees you paid us in the 12 months prior to the action giving rise to the liability; or (b) $100 US Dollars.

Non-involvement in Transactions

The Services are a venue to permit registered members of the Site to offer, sell or buy anything, without Valu Valu being involved in the actual transaction between buyers and sellers. We have some control over who may or may not register as a member of the Site.  However, we have no control over the activities of any seller or buyer, and do not and cannot guarantee the quality, safety or legality of items for sale, 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 a seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer.  In deciding to proceed with or consummate a transaction that is started or enabled by the Services, you do so at your own risk.

Release

You release us (and our officers, directors, agents 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 disputes with other registered members and/or users of the Site and the Services. In particular, because we are a venue, you release Valu Valu (as well as our officers, directors, agents and employees) from claims, demands and damages, wether actual or consequential, of any kind and nature, suspected or unsuspected, known or unknown, disclosed or undisclosed, connected in any way with such disputes. If you are a California resident, you waive California Civil Code §1542 saying "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."

Indemnity

You agree to indemnify and hold us and our affiliates, officers, directors, agents, 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 intended or created by your registration as a member of the Site or by your use of our Services.