BY SUBMITTING AN ADVERTISEMENT TO GourmetSpice.com FOR POSTING IN THE GourmetSpice.com CLASSIFIED AD SERVICE OR BY PURCHASING AN ITEM POSTED ON THE SERVICE, THE PARTICIPANT ACKNOWLEDGES THE FOLLOWING POLICY WITHOUT LIMITATION OR QUALIFICATION AND ALL APPLICABLE LAWS.
The following terms used in this Policy are defined as follows:
1. “Seller” means a participant who has submitted an ad with the intent to sell a product through the classified ad service;
2. “Buyer” means a participant who purchases or intends to purchase a product advertised in the classified ad service;
3. “Ad Service” refers to the service offered by GourmetSpice.com that allows participants to buy and sell products in the form of classified advertisements;
Submission of Ads
Any person is allowed to place a classified ad with GourmetSpice.com. GourmetSpice.com will use its best efforts to consider all ads for publication. The text portion of each classified ad is limited to a maximum of 500 words. GourmetSpice.com reserves the right to reject or edit the ad copy in its sole discretion.
GourmetSpice.com will immediately reject any classified ad with text that it deems unsuitable for the Ad Service. For example, unsuitable text includes, but is not limited to, that which promotes sexually explicit materials, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promotes illegal activities or violates intellectual property rights.
Limitation on Liability
Participation in the Ad Service does not give rise to any relationship between GourmetSpice.com and the Buyer or the Seller. GourmetSpice.com neither warrants nor represents the accuracy of information provided by the Seller including, but not limited to, statements regarding product features, specifications, capabilities, condition or quantity available. Any dispute that arises in connection with the purchase or sale of products through the Ad Service is solely between the Buyer and Seller. GourmetSpice.com will not mediate any such dispute between Buyer and Seller, and cannot be held liable for any claim of loss, damages or wrongdoing on behalf of either the Buyer or Seller.
No Warranty of Satisfaction
Because GourmetSpice.com is not a party to any agreement with either the Buyer or the Seller, GourmetSpice.com neither warrants nor guarantees satisfaction for products sold through the classified ad service. GourmetSpice.com disclaims knowledge of the quality, condition or the legality of any product offered by a Seller. GourmetSpice.com DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GourmetSpice.com BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ANY LIABILITY RELATING TO ANY OF THE GOODS SOLD EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO SUCH LIABILITY. GourmetSpice.com EXPRESSLY DISCLAIMS ALL OTHER LIABILITY TO BUYER OR TO ANY OTHER PERSON ARISING OUT OF OR RELATING TO THE PRODUCTS SOLD, WHETHER SUCH CLAIMS ARE BASED UPON CONTRACT, TORT, OR OTHER LEGAL THEORIES, INCLUDING NEGLIGENCE OR STRICT LIABILITY IN TORT.
All product prices are set solely by the seller, in U.S. dollars. Any terms of payment and delivery are set only by agreement between the Buyer and Seller.
Waiver of Claims
By participating in the Ad Service, Buyer and Seller hereby releases GourmetSpice.com, its parent, affiliate and subsidiary companies, its vendors, agents and employees from any claims, liability or causes of action related to or arising from the sale, purchase, posting, submission or participation in the Ad Service.
GourmetSpice.com is not responsible for classified ads that are not processed or published due to technical difficulties experienced by GourmetSpice.com, by its Internet provider or by any other entity that may affect the stability of its web site.
GourmetSpice.com may modify any of these terms and conditions at any time, in its sole discretion, by posting a change notice or a new policy on our site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO NOT PARTICIPATE IN THE CLASSIFIED AD SERVICE. YOUR CONTINUED PARTICIPATION IN THE CLASSIFIED AD SERVICE FOLLOWING THE POSTING OF A CHANGE NOTICE OR A NEW POLICY ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
This policy is governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to these terms and conditions must be brought in the federal or state courts located in Los Angeles, California. By participating in the Ad Service, you irrevocably consent to the jurisdiction of the federal and state courts of California.