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USER AGREEMENT

This User Agreement describes the terms and conditions on which Lushpad Online Inc. ("we", "us" or "our") allows you to access and use Lushpad.com (the "Site").

Introduction

By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by this User Agreement and our Privacy Policy. This User Agreement governs your access to and use of the Site even if you do not register as a Lushpad.com member. If you do not agree any term or condition in this User Agreement or our Privacy Policy, do not access or use the Site.

This User Agreement is effective from July 15, 2008, and may be amended from time to time without notice to you. Accordingly, you should periodically revisit the Site to review the then-current User Agreement. Your continued use of the Site after any such change to this User Agreement will constitute your consent to the changes.

Eligibility

If you register as a Lushpad.com member, you represent that you are at least 19 years of age, or the age required by your applicable law to make a legal and binding contract.

Membership

Membership Required: In order to post content or items on the Site, or to buy or sell items through the Site, you must register for a Lushpad.com membership account (your "Account") and provide the required membership information. All information that you provide in your membership registration must be truthful, accurate and complete. If any of your membership information changes after registration, you must update your Account to reflect these changes as soon as possible.

Security: As part of your membership registration you must provide a user ID and password. Only you may post content or items or buy or sell items through your Account. You must not provide your user ID or password to a third party, and you must take reasonable steps to maintain the confidentiality and security of your user ID and password.

Using Lushpad.com

You will comply with this User Agreement and with any other rules, guidelines, procedures or policies that we may implement from time to time regarding your access to and use of your Account and the Site.

While using the Site, you will not:

  • post content that is: (a) false, inaccurate, fraudulent, misleading, defamatory, libelous, abusive, threatening, or obscene (including personal information); (b) in violation of copyright, trade-mark or other intellectual property rights of another; or (c) otherwise unlawful or objectionable to us (in our sole discretion);
  • post content or items in an inappropriate category or areas on the Site;
  • circumvent or manipulate our fee structure, or the billing process;
  • violate any laws, third-party rights, or our policies;
  • use the Site if you are not able to form legally binding contracts, or are under the age of 19;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you purchased, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • manipulate the price of any item or interfere with other user's listings;
  • transfer your Account (including feedback) and user ID and password to another party without our consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • copy, modify, or distribute Content (as defined below);
  • harvest or otherwise collect information about Site users, including email addresses, without their consent;
  • distribute viruses or any other technologies that may harm us, the Site, or the interests or property of other Site users; or
  • impersonate others, including Lushpad Online Inc. or an employee, agent, host or representative of Lushpad Online Inc., or other Lushpad.com members or visitors to the Site.

You confirm that your postings are statements of your personal views and opinions, and not those of us or any other person.

Abuse

We may limit, suspend, or terminate our service or Your Account, prohibit access to the Site, remove hosted content, and take technical and legal steps to prevent you from accessing or using the Site if we believe, in our sole discretion, that you are violating this User Agreement, creating problems for us or other users, creating possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

Fees and Services

Lushpad.com is for buying and selling new or used contemporary and mid-century modern furniture and secondary market fine art. If you post an item on Lushpad that does not fit within this description, you will be contacted regarding your posting and it may be deleted at our discretion. You will not be refunded.

Joining Lushpad.com is free. We charge fees for listing items. When you list an item you have the opportunity to review and accept the fees that you will be charged based on our then-current Fees schedule, which we may change from time to time. Changes to our Fee schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We occasionally give out discount codes to our valued customers which provide a variety of discounts for varied periods of time. These discount codes may be revoked without notice.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may delete your posting or collect fees owed using other collection avenues.

Content License

In consideration of allowing you to have an Account, place postings on the Site and otherwise use the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Proprietary Rights Notice

Except as expressly provided in this User Agreement, you have no proprietary right, title or interest in or to your Account, any of your postings on the Site, or the Site itself. The Site and all content on or accessible through the Site, including without limitation advertisements, data, artwork, logos, graphics, text, photographs, images, animations, videos, software design and code, website design and architecture, audio clips and environment (collectively the "Content") is our property and is protected by national and international copyright laws and other laws. You are granted only a limited licence to access, display, download, print and reproduce reasonable portions of the Content solely for your personal, non-commercial use, provided that the Content is not modified and all proprietary notices on the Content are kept intact. Apart from these licensed rights, you may not reproduce, publish, translate, merge, sell, distribute, disassemble, reverse engineer, decompile, modify or create derivative works from any Content, in whole or in part.

Linking

The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials at or from those linked sites. We do not monitor, investigate, or check those websites for accuracy or completeness. All links are provided for your convenience only; they are not an endorsement or referral by us.

If you wish to provide a link to the Site from your website, you may only link to the Site's home page at www.lushpad.com. You may not use any of our icons or logos on your website without our express prior written consent, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your website.

Liability

This Site and its Content are provided "as is" and "as available". The Content may not be accurate, complete or current. To the fullest extent permissible under applicable law, we disclaim all representations and warranties, whether express, implied or statutory (including without limitation any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). We do not represent that functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful content or components.

You will not hold us responsible for other users' actions or inactions, including things they post. This Site is a venue to allow anyone to offer, sell and purchase mid-century modern furniture, accessories and fine art, at anytime, from anywhere. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, 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 seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller.

We cannot guarantee continuous or secure access to the Site or our services, and operation of the Site may be affected by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.

Under no circumstances will we be liable for any direct, indirect, incidental, consequential (including loss of money, business, profits, goodwill, or reputation) special, exemplary, punitive or other damages, under any legal theory, arising out of or in any way connected to your use of Site. Your sole remedy for dissatisfaction with the Site and/or Content is to cease all of your Site use. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

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

Assumption of Liability

You understand and agree that you are solely responsible and liable for your Account, your use of the Site, and all access to and use of the Site through your Account, and any claims, damages, losses or expenses arising directly or indirectly therefrom. You acknowledge that we are merely acting as a conduit for the exchange of items via the Site, and is not undertaking any obligations or liability relating to an activities conducted on or through the Site.

Release

You release Lushpad Online Inc. and its directors, officers, employees, agents and representatives from all claims, actions, liabilities and damages of every kind and nature, known or uknown, relating to any risks described in this User Agreement or arising from your use of the Site.

Access and Interference

Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our Site infrastructure;
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Lushpad.com Privacy Policy. We view protection of users' privacy as a very important principle. We store and process your information on computers located in Canada that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your Account. For a complete description of how we use and protect your personal information, see the Lushpad.com Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint venturers and employees), harmless from any losses, expenses, damages, costs, claims or demands, including reasonable attorneys' fees, resulting from any violation of this User Agreement or any activity related to the Site or your Account by you or any other person accessing or using the Site through your Account. In particular, but without limiting the generality of the previous sentence, you will indemnify us from all losses, expenses, damages, costs, claims or demands resulting from any violation of this User Agreement or resulting from any use of your Account or the Site that is: (a) abusive, threatening, obscene, defamatory or libellous; (b) fraudulent, deceptive, or misleading; (c) in violation of copyright, trade-mark or other intellectual property rights of another; or (d) otherwise unlawful.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement or your access to or use of your Account or the Site.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Lushpad.com or to the email address you provide to Lushpad.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

f a dispute arises between you and Lushpad.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree that we will resolve any claim, dispute or controversy at law or equity that arises out of this User Agreement or our services or your access to our use of the Site (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact or Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes - This User Agreement shall be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions. You agree that any Claim you may have against us must be resolved by a court located in British Columbia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within British Columbia for the purpose of litigating all such Claims.
  • Arbitration Option - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims - All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, we may recover attorneys' fees and costs up to $1000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
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