Welcome to www.eri-ca.com -- you are invited to register as a member of our online exchange, a global marketplace for surplus semiconductor equipment. Your membership is contingent upon your acceptance of and compliance with these Terms of Use. If you have any questions about our Terms of Use, please call www.eri-ca.com at (650) 363-0660 or send an email to team@eri-ca.com.com.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENTERING YOUR CURRENT PASSWORD AND CLICKING ON THE "ACCEPT" BUTTON. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND THEREBY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU CANNOT BECOME A MEMBER OF OUR EXCHANGE.
The www.eri-ca.com Exchange offers five different membership categories. Eligibility requirements, descriptions and applicable fees for each category are set forth on the "Membership" page. However, please note that any new member may be restricted to "Browse Membership" for up to three business days after registration in any category while certain validation procedures are carried out by www.eri-ca.com
Membership in the www.eri-ca.com Exchange is open only to businesses and not to individual consumers. Further, each individual acting on behalf of a business must be more than 18 years old and authorized to enter into binding agreements on behalf of that business. www.eri-ca.com reserves the right to verify the identity and authority of any prospective member and, at the sole discretion of www.eri-ca.com, may refuse membership to any person at any time without notice.
Each member is wholly responsible for providing all communications lines, telephone and/or transmission services and all equipment and technology necessary for that member to access and use the www.eri-ca.com Exchange.
The www.eri-ca.com Exchange, its content, look-and-feel and functionality, and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights and service marks, are owned or licensed by www.eri-ca.com and/or its licensors (collectively, the "www.eri-ca.com Intellectual Property"). These Terms of Use do not and shall not be construed as transferring ownership rights of any description in the www.eri-ca.com Exchange or any related www.eri-ca.com Intellectual Property to a member or to any third party. You may not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the www.eri-ca.com Intellectual Property. www.eri-ca.com hereby grants you a revocable, nontransferable, nonexclusive, limited right to use www.eri-ca.com Exchange solely for your internal business purposes.
The www.eri-ca.com Exchange serves solely and exclusively as an electronic marketplace. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between www.eri-ca.com and you or or any other person or entity nor do these Terms of Use extend rights to any third party (other than with respect to the Seller's Warranties set forth in Section 5 which pass through to each potential buyer of a Listed Item). In addition, www.eri-ca.com does not and cannot control the actions of users, visitors, linked third parties and other members of the www.eri-ca.com Website and/or the www.eri-ca.com Exchange.
YOU AGREE THAT YOUR PARTICIPATION AS A MEMBER IN THE eri-ca EXCHANGE AND YOUR USE OF ANY SERVICES ON THE eri-ca WEBSITE ARE ENTIRELY AT YOUR OWN RISK AND THAT ALL SERVICES ARE PROVIDED "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You shall indemnify, defend and hold www.eri-ca.com harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) incurred or suffered by www.eri-ca.com as a result of your use of the www.eri-ca.com Website or www.eri-ca.com Exchange, your breach of any provision of these Terms of Use and/or your acts or omissions. We reserve the right to report any malfeasance which comes to our attention to the appropriate authorities.
Further, you hereby release www.eri-ca.com and its employees, officers, directors, agents, assigns and affiliates (collectively, the "www.eri-ca.com Parties") from any and all claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the www.eri-ca.com Website or the www.eri-ca.com Exchange and/or your use thereof, excluding only claims directly arising out of the gross negligence or misconduct of www.eri-ca.com To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: "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 EFFECTED HIS SETTLEMENT WITH THE DEBTOR."
We do not guarantee continuous uninterrupted or secure access to our Services. Operation of the Website and the Exchange may be subject to interference from numerous factors outside our control. Further, scheduled and preventative maintenance as well as required and emergency maintenance work may temporarily interrupt Services or access to the Website or the Exchange.
WE WILL HAVE NO LIABILITY, WHATSOEVER, FOR THE UNAVAILABILITY OR INOPERABILITY OF THE eri-ca WEBSITE CAUSED BY ANY VENDOR'S OR SUPPLIER'S PERFORMANCE OR THE ACTS OR OMISSIONS OF ANY PARTY, INCLUDING eri-ca KEYASSETS INC. SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED BY ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY US, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE eri-caEBSITE.
IN NO EVENT SHALL eri-ca BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF PROFITS, REVENUE OR INFORMATION, INCURRED OR SUFFERED BY ANY PARTY IN CONNECTION WITH THE eri-ca WEBSITE OR EXCHANGE OR THESE TERMS OF USE, REGARDLESS OF WHETHER eri-ca KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF eri-ca TO YOU OR ANY OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. These limitations of liability inure to the benefit of all the www.eri-ca.com Parties.
THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUTIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY eri-ca
Listed Items: If you post an item on the www.eri-ca.com Exchange (each, a "Listed Item"), you acknowledge and agree that you are extending an irrevocable offer to sell the Listed Item to the buyer who meets the requirements you have specified in your Listing details. You also acknowledge and agree that the Listed Item is listed subject to the Listing Rules posted on www.eri-ca.com Exchange and that you will abide by these listing rules. As a seller, you may not contact any buyers in an ongoing sale of Listed Items offered by another seller that are the same or similar to the Listed Items you have offered.
Seller's Warranties: You represent and warrant to www.eri-ca.com and all potential buyers of your Listed Item that: (1) all Listing Item details which you provide shall be accurate and complete and shall accurately represent the condition of the Listed Item; (2) no Listed Item shall be fraudulent or counterfeit; (3) you have the exclusive right, through actual ownership or otherwise, to provide any Listed Item for sale on the www.eri-ca.com Exchange and to consummate the sale thereof; and (4) the payment of the Listing Fee and Transaction Fee to www.eri-ca.com for any Listed Item shall not cause www.eri-ca.com to violate any applicable law or regulation. www.eri-ca.com reserves the right in its sole reasonable discretion to remove or delete any Listed Item.
If you use the www.eri-ca.com Exchange to make an offer for a Listed Item, you acknowledge and agree that you will consummate such offer and purchase that Listed Item if your offer is accepted and that you cannot retract your offer unless the Listing Item details include a material inaccuracy or misrepresentation.
In addition to the foregoing, any and all purchase-and-sale transactions involving Listed Items will be consummated in accordance with the Sales Transaction Rules posted on www.eri-ca.com Exchange, including rules protecting the anonymity of both buyers and sellers during a significant portion of the bidding process.
8. Changes to the Terms of Use
www.eri-ca.com may modify the www.eri-ca.com Exchange, the services on the www.eri-ca.com Exchange and its Terms of Use at any time and from time to time by implementing the modifications or posting the amended Terms of Use on the www.eri-ca.com Website and www.eri-ca.com Exchange as applicable. www.eri-ca.com will also use all commercially reasonable efforts to send each member notice of each such modification. All modifications will be effective upon implementation or posting, as applicable.
You are solely responsible for any and all information or other content which you post on the www.eri-ca.com Website and the Exchange, including all postings or listings in any public message area or via email. You hereby grant www.eri-ca.com a nonexclusive, worldwide, perpetual, royalty-free, irrevocable right to exercise all rights other than outright ownership with respect to this information. You represent and warrant that your information and content do not infringe any third party's rights, including but not limited to intellectual property, publicity or privacy rights, and are not defamatory, libelous, threatening, harassing or obscene, indecent or pornographic.
Certain information on the Website designated by www.eri-ca.com in its sole and absolute discretion, including information concerning then-current listings and all member profiles, is deemed confidential by www.eri-ca.com and maintained in confidence in accordance with our posted Privacy Policy. All other information posted by www.eri-ca.com or any other party to the Website will be publicly available and non-confidential.
www.eri-ca.com does not endorse any information or content posted or contained on the www.eri-ca.com Website and hereby disclaims any and all liability for any such information, including any information posted about you. www.eri-ca.com does not and cannot control, monitor or screen the information made available through its Website which, by its very nature, may be offensive, harmful, inaccurate or mislabeled or deceptively labeled. However, www.eri-ca.com may take any action with respect to information posted on the www.eri-ca.com Website and Exchange which it deems appropriate in its sole discretion, including the deletion of such information or the termination of a party's membership.
The www.eri-ca.com Website may contain links to third-party sites and you expressly acknowledge and agree that www.eri-ca.com has no control over any such sites. Links to other sites are provided solely as a convenience; www.eri-ca.com neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein. All representations or statements by www.eri-ca.com herein pertaining to the www.eri-ca.com Website or Exchange do not apply in any way to any links or any linked third-party sites. Except as otherwise agreed in writing, you may only provide a hypertext link to the www.eri-ca.com Website from another site if you comply with all of the following: (a) the link must be a text-only link clearly marked www.eri-ca.com, www.eri-ca.com; (b) the link must point to the URL "http://eri-ca.com" and not to other pages within the www.eri-ca.com Website; (c) the link, when activated by a user, must display the www.eri-ca.com Website full-screen and not within a "frame" on the linking site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance that we are associated with or sponsor any linked site. www.eri-ca.com may revoke its consent to or otherwise delete or terminate any link at any time in its sole discretion.
You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the www.eri-ca.com Website, the Exchange or any auction or purchase being conducted thereon, or to surreptitiously intercept or expropriate any system, data or personal information therefrom. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including "spam" or other such unsolicited mass emailings.
At www.eri-ca.com's sole option, the www.eri-ca.com Website may contain third-party content and other information and such third-party materials are subject to and governed solely by that party's respective Terms of Service. www.eri-ca.com will make reasonable efforts to post each such third party's then-current Terms of Service but bears no responsibility or liability for any such content or information or the acts or omissions of such third party.
No Seller may attempt to manipulate the price of its Listing Items, either by using a shill (a second account or third party) or by bidding itself. The www.eri-ca.com Exchange automatically restricts shilling and www.eri-ca.com will actively pursue any member or other user believed to be in violation of this Section.
You must comply with all applicable laws and regulations governing your access to and your use of the www.eri-ca.com Website, your ordering of, bidding on or purchase of products and services, if applicable, and the posting and retrieval of information. YOU REPRESENT AND WARRANT TO US THAT YOU SHALL NOT USE THE eri-ca WEBSITE TO VIOLATE APPLICABLE ANTITRUST LAWS AND SHALL NOT KNOWINGLY ACT AS A CONDUIT OR INTERMEDIARY FOR PRICE-FIXING OR ANY OTHER ANTI-COMPETITIVE AGREEMENT AMONG COMPETITORS.
If you breach any terms of this Member Agreement, or if we are unable to verify or authenticate any information you provide to us, www.eri-ca.com may terminate your membership immediately and/or terminate any asset Listings without liability. Further, in its sole discretion, www.eri-ca.com reserves the right to terminate immediately any or all of your rights of membership or use and/or any of your current bids or offers without any liability to you or any other party involved.
You may terminate your user ID and password at any time by notifying www.eri-ca.com at team@eri-ca.com.com; provided that such termination will not relieve you of any obligations incurred prior to such termination.
It is your responsibility to maintain the confidentiality and security of your user ID and password and neither should be shared, disclosed or distributed to any third party. You must promptly notify www.eri-ca.com if you must change or discontinue your user ID and password and/or if you have any reason to believe that the security or confidentiality thereof has been compromised. Please review our Privacy Policy, which is deemed part of the Terms of Service and incorporated in full by this reference.
The Terms of Use and any and all transactions and other activities on the www.eri-ca.com Website and www.eri-ca.com Exchange shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws rules. The United Nations Convention on the International Sale of Goods shall not apply in any way. You hereby submit to the jurisdiction of the state and federal courts located in Santa Clara County, California which shall be the exclusive venue for any and all disputes or claims arising hereunder.
Except as otherwise required by law, you shall provide any notices to www.eri-ca.com by email to team@eri-ca.com.com. We shall provide notices to you via the email address provided during your registration as a Member or by certified mail, postage prepaid and return receipt requested, to the street address provided during registration. Notices shall be deemed received 24 hours after an email is sent (unless the sending party is notified that the email address is invalid) or five days after the date of mailing.
www.eri-ca.com is operated as an Anonymous site. Unless exclusive sales and marketing rights have been extended to www.eri-ca.com or as otherwise agreed to by www.eri-ca.com, you shall not provide any information disclosing your identity as a buyer, seller or user of the site to any other member or user of the site. Additionally, in listings, questions and answers or other direct and indirect communication methods provided for, you shall not make any attempt to disclose your identity or provide alternate communication channels that circumvent the www.eri-ca.com site without the consent of www.eri-ca.com Identity disclosure is the sole right of www.eri-ca.com in accordance with the transaction rules stated on the site.