Version 1.0 licensed March 1, 2005
This Version Effective March 1, 2020.
This site is a member of the 2nd Markets Corporation network.
The user of this site agrees as follows:
1. Soldster.com undertakes to obtain for and/or provide to the
User, the specific data and information services
(''Services'') via the Internet.
2. User understands that Soldster.com obtains and
gathers its information from sources that it considers
reliable; however Soldster.com does not guarantee the accuracy
or completeness of the Services, which are supplied on an ''as
3. Soldster.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING SPECIFICALLY, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AS TO THE SERVICES PROVIDED
UNDER THIS AGREEMENT. Soldster.com shall have no liability for
any default resulting from circumstances beyond its reasonable
4. Subscriber agrees that in the event any of the Services
contain an error or inaccuracy, Soldster.com's liability
and obligation will be limited to granting Subscriber a credit
equal to the fee charged to Subscriber for the single
erroneous or inaccurate data element. Except as provided in
Paragraph 10 below, in no event will Soldster.com be liable
for any other credits or damages, direct or indirect,
consequential or compensatory, including, but not limited to
lost profits for any representations, breeches or defaults
arising out of the terms and provisions of this agreement to
supply information to Soldster.com.
5. Subscriber understands that the Services do not constitute
a recommendation to buy or sell merchandise of any kind.
Subscriber further acknowledges and agrees that Soldster.com
has not undertaken any liability or obligation relating to the
purchase, sale or valuation of any merchandise for Subscriber.
6. (a) Subscriber acknowledges and agrees that all proprietary
rights in the Service are and shall remain the property of
Soldster.com and its third-party licensors. Subscriber
acknowledges that the Service was compiled, prepared, selected
and arranged by Soldster.com and its licensors through the
expenditure of substantial time, effort and money and that
they constitute valuable property of Soldster.com and its
(b) Subscribers agrees to indemnify Soldster.com and hold it
harmless from all claims and damages, including without
limitation, reasonable attorney's fees arising our of
Subscriber's use of the Services, unless such claims or
damages result from the negligence of Soldster.com in
providing the Service to Subscriber, or unless Subscriber's
authorized use of the Service has given rise to the claims or
damages based on the infringement of any copyright or other
proprietary right of any third party.
7. (a) Soldster.com shall indemnify Subscriber and hold
harmless against all claims and damages, including without
limitation, reasonable attorney's fees which Subscriber incurs
as a result of any claim against Subscriber that the Services
infringe any copyright or proprietary right of the third
party, provided that:
(i) Subscriber notifies Soldster.com promptly in writing of
the assertion of such claim;
(ii) Soldster.com has sole control over the defense or
settlement of such claim;
(iii) Subscriber's use of the Service has been in accordance
with the restrictions imposed upon Paragraph 9(b) of this
(b) In the event of a claim for infringement, Soldster.com
reserves the right to terminate this Agreement with respect to
the allegedly infringed portion of the Services and either to
substitute other, substantially similar services therefor or
to refund to Subscriber the pro share of any prepaid fees
relating to such terminated Services.
8. (a) This agreement will be binding for a period of one (1)
year from the Commencement Date, designated by signature of
this agreement by Customer.
(b) This agreement may also be terminated by either party in
the event that other party materially breaches the Agreement
and fails to cure or correct such breach within one hundred
twenty (120) days after receiving written notice thereof from
the non-breaching party. Any termination under this
subparagraph shall be effective as of the end of the
prescribed one hundred twenty-day period.
9. (a) All fees and prices charged hereunder are exclusive of
taxes. Subscriber shall be responsible for any federal, state
or local sales, use, property or other taxes which may be
imposed as a result of the transaction contemplation by this
(b) Subscriber acknowledges that all text, and software code
included with this product are provided for Subscriber's
personal use. In no case shall Subscriber re-publish the
listings in any form without express written permission of
Soldster.com, Inc. Subscriber will limit printouts for
personal use of the material to a maximum of 35 individual
text listings per individual. Reproduction of images is
strictly prohibited without the written permission of both
Soldster.com Inc. Subscriber's right to use this product is
limited to a single workstation unless an additional agreement
for network access has been signed by both parties.
(c) Subscriber acknowledges that Subscriber is not permitted
to sell or otherwise dispose the software and that no rights
granted hereunder may be assigned or sublicensed by Licensee,
any assignment or sublicense being void.
10. Soldster.com and Subscriber further agree:
(a) Neither the maker of this Agreement nor the performance
of its provisions will be construed to constitute either of
the parties hereto as an agent, employee, partner, joint
venture or legal representative of the other. Each
acknowledges that it has no right or authority to create an
obligation, representation, or responsibility, express or
implied, on behalf of the other.
(b) This Agreement contains the entire understanding with
respect to the subject matter hereof, and no oral or prior
written statement or representations not contained herein will
have any force or effect.
This Agreement cannot be modified except by a writing signed
by both parties.
(c) If any provision of this Agreement is invalid or
unenforceable, the balance of this Agreement shall remain in
effect, and if any provision is inapplicable to any person or
circumstance, it will nevertheless remain applicable to all
other persons or circumstances.
(d) Paragraphs 9 and 10(a) of this Agreement shall survive
the Agreement's termination.
(e) Each of the undersigned represents that he or she has
authority to sign this Agreement on behalf of his or her
respective party shown below.
(f) The failure of a party to insist upon strict compliance
with any term or provision of this Agreement on any occasion
will not be construed or deemed as a waiver with regard to any
subsequent compliance with such term or provision.
(g) This Agreement will be interpreted, and enforced under
the laws and in the courts of the State of Tennessee.
(h) All notices, requests, demands and other communications
provided for herein must be in writing and mailed by
registered or certified mail, return receipt requested, or
sent by overnight courier or telecopier to the address
specified in this Agreement or to such other address which may
be provided in writing. The transmission of any such
communication shall be deemed effective when the communication
is received. Soldster.com, Inc. Use of this product
constitutes Acceptance and Agreement to the above conditions.