EXCHANGE BY ISC™ USER AGREEMENT
This User Agreement, the User Privacy Notice, and all policies posted on our sites set out the terms on which Exchange by ISC™ offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.
The entity you are contracting with for in this User Agreement is:
Industrial Sales Corporation
727 Post Road East
Westport, Connecticut 06880.
About Exchange by ISC™
Exchange by ISC™ is an online marketplace that allows users to offer, sell and buy products in the window, door and glass industry. The actual contract for sale is directly between the sellers and buyers, not with Exchange by ISC™. Exchange by ISC™ is not a seller, manufacturer, supplier, or distributer of any products offered for sale by any sellers on Exchange by ISC™.
While we may provide pricing, shipping, listing, and other guidance, such guidance is solely informational and you may decide to follow it or not. Exchange by ISC™ has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Using Exchange by ISC™
In connection with using or accessing Exchange by ISC™ you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- use Exchange by ISC™ if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you for which payment is due;
- fail to deliver items sold by you;
- manipulate the price of any item or interfere with any other user's listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses, worms or any other technologies that may harm Exchange by ISC™, or the interests or property of users;
- use any robot, spider, scraper or other automated means to access Exchange by ISC™ for any purpose;
- bypass our robot exclusion headers, interfere with the working of Exchange by ISC™ in any way;
- export or re-export any Exchange by ISC™ application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Exchange by ISC™ or belongs to another Exchange by ISC™ user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Exchange by ISC™ and/or any other party holding the right to license such use;
- commercialize any Exchange by ISC™ application or any information or software associated with such application;
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide Exchange by ISC™.
If we believe you are abusing Exchange by ISC™ in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to Exchange by ISC™, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using Exchange by ISC™. We reserve the right to refuse Exchange by ISC™ to anyone for any reason at our discretion.
When you visit Exchange by ISC™ or send emails to us, you are communicating with us electronically, and therefore you are consenting to receive communications from us electronically or by other means designated by you. It is also understood that all agreements, disclosures, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
The entire contents of this website, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Exchange by ISC™, its collaborators, or its clients and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior expressed written consent of Exchange by ISC™.
License and Website Access
Exchange by ISC™ grants you a limited, non-exclusive license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Exchange by ISC™. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Exchange by ISC™. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, Flash movie, page layout, or form) of Exchange by ISC™ without the express written consent of Exchange by ISC™. You may not use META tags or any other “hidden text” which utilize Exchange by ISC™, www.iscamerica.com/exchange/, or any other derivative of our domain or company name without the express written consent of Exchange by ISC™.
When listing an item, you agree that:
- You agree that you will be required to pay to Industrial Sales Corporation a commission fee on items you sell on Exchange by ISC™.
- You also agree that you will pay Industrial Sales Corporation the same commission if, within one hundred and eighty (180) days after you remove a listing from Exchange by ISC™, you sell the listed item to anyone who viewed the listing on Exchange by ISC™.
- You are responsible for the accuracy and content of the listing and item offered.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Exchange by ISC™ cannot guarantee that your listing will be searchable by any particular time.
- Content that violates any of Exchange by ISC™'s policies may be deleted at Exchange by ISC™'s discretion.
When purchasing an item, you agree that:
- You are responsible for reading the full item listing before making a bid or commitment to buy.
- You enter into a legally binding contract with the seller to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
- We do not transfer legal ownership of items from the seller to the buyer.
- You may be subject to provisions of law in your jurisdiction regarding commercial sales.
- If you purchase that item on a website other than www.iscamerica.com/exchange/ you are subject to the user agreement of that other website with respect to that particular purchase.
Risk of Loss
All items purchased from Exchange by ISC™ are made pursuant to a shipment contract between the listing seller and purchaser. Exchange by ISC™ is not a party to the shipment contract. This means that Exchange by ISC™ assumes no risk of loss or title for such items and is not liable for any damage or loss with respect to such items.
Exchange by ISC™ attempts to display product descriptions which are as accurate as possible. However, Exchange by ISC™ does not warrant that product descriptions or other content of any listing is accurate, complete, reliable, current, or error-free. If a product listed on Exchange by ISC™ is not as described, your sole remedy is against the seller.
Disclaimer of Warranties; Limitation of Liability
THE EXCHANGE BY ISC™ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), PRODUCTS SOLD ON THE EXCHANGE BY ISC™, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EXCHANGE BY ISC™ SERVICES ARE PROVIDED BY EXCHANGE BY ISC™ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EXCHANGE BY ISC™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EXCHANGE BY ISC™ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), PRODUCTS SOLD ON THE EXCHANGE BY ISC™, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EXCHANGE BY ISC™, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EXCHANGE BY ISC™ SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCHANGE BY ISC™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCHANGE BY ISC™ DOES NOT WARRANT THAT THE SERVICES PROVIDED BY EXCHANGE BY ISC™, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), PRODUCTS SOLD ON THE EXCHANGE BY ISC™, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EXCHANGE BY ISC™, EXCHANGE BY ISC™'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EXCHANGE BY ISC™ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCHANGE BY ISC™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF EXCHANGE BY ISC™, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), PRODUCTS SOLD ON THE EXCHANGE BY ISC™ OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EXCHANGE BY ISC™, 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.
If you use any Exchange by ISC™, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Parties other than Exchange by ISC™ operate stores, provide services, or sell products or product lines through Exchange by ISC™. We may provide links to the sites of users and other businesses. Linked websites are not under the control of Exchange by ISC™. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Exchange by ISC™ does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Exchange by ISC™ provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Exchange by ISC™ of the site or its content.
Release and Indemnity
If you have a dispute with one or more users, you agree to release, indemnify and hold harmless Exchange by ISC™ (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from any claims, demands, suits, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to release, indemnify and hold harmless Exchange by ISC™ (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) from any claim, demand, suit and damages, including reasonable legal fees, made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Services or your breach of any law or the rights of a third party.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your use of or your inability to use Exchange by ISC™;
- pricing, shipping or other guidance provided by Exchange by ISC™;
- delays or disruptions in our services;
- viruses or other malicious software obtained by accessing, or linking to, our services;
- glitches, bugs, errors, or inaccuracies of any kind in our services;
- damage to your hardware device from the use of Exchange by ISC™;
- the content, actions, or inactions of third parties, including items listed on Exchange by ISC™ or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of any provision of this User Agreement above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Authorization to Contact You; Recording Calls
When you visit Exchange by ISC™ or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically.
In addition, you consent to receive autodialed or prerecorded calls and text messages from Exchange by ISC™ at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vii) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.
Exchange by ISC™ may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this User Agreement, our policies, applicable law, or any other agreement we may have with you. You agree these service providers may also contact you using autodialed or prerecorded calls and text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
Exchange by ISC™ may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Exchange by ISC™ or its agents for quality control and training purposes or for its own protection.
Privacy of Others; Marketing
If Exchange by ISC™ provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to Exchange by ISC™. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
You are responsible for determining any and all taxes and duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with the Services and/or the sale or purchase of any products or services for a transaction. You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We may provide you a means for you to determine and apply taxes to your transactions, but Exchange by ISC™ is not obligated to determine whether taxes apply and are not responsible for calculating, collecting, reporting, or remitting any taxes to any tax authority arising from any transaction. Information about you and your transactions using the Services may be reported to the Internal Revenue Service (“IRS”) in order for Exchange by ISC™ to comply with its own reporting obligations.
By using Exchange by ISC™, you agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and Exchange by ISC™. You consent to the jurisdiction of the courts of the State of Connecticut to resolve any disputes arising hereunder.
Modification of Policies and Severability
We reserve the right to make changes to our site, policies, and this User Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
By clicking “I Accept” below, you accept and agree to be bound by the terms and conditions of this User Agreement.