Atomic Mall Terms of Service Agreement


1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
Use of the Atomic Mall web site (http://www.atomicmall.com/) constitutes acceptance of these Terms & Conditions. You accept and agree to be bound by the Terms & Conditions, operating rules and/or policies, published by our website as described below (all such Terms & Conditions, operating rules and/or policies as they may be amended from time to time shall hereinafter be referred to as these "Terms & Conditions"). Members may be referred to as "Member", "Seller", "User", OR "Buyer". "Buyer" when a Member is being described as acting as a buyer in a marketplace transaction, "User" or "Member" when a Member is being described as operating within the general framework of the site, and "Seller" when a Member is acting as a seller in a marketplace transaction. These Terms & Conditions comprise the entire agreement between Member and our company and supersede all prior agreements between the parties, regarding the subject matter contained herein.

1.2 DESCRIPTION OF MARKETPLACE SERVICES
Atomic Mall acts as a venue for Sellers to list services and merchandise for sale and Buyers to purchase services and merchandise. We are not involved in the actual transactions between Buyers and Sellers and assume no responsibility for actions made based on information or services. In the event that any parties using our Site, including Sellers and Buyers, have a dispute, the Company (including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any way connected with such disputes. The information published on the Site may include inaccuracies or errors. While Atomic Mall strives to keep the information on the Site accurate, complete and up-to-date, Atomic Mall can not guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. In no event shall the Company (and our officers, directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way connected with the use of the Site, the delay or inability to use Atomic Mall, or any information or services obtained from the Site.

1.3 WHO CAN BUY?
Buyers must register with Atomic Mall as a Member and be capable of forming legally binding relations under applicable law. The services provided are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from, or otherwise incapable of, entering into binding contracts.

1.4 WHO CAN SELL?
Sellers must be at least 18 years of age, and the rightful owners or authorized by the owners of such property, a court of law, or through power of attorney to sell an Asset. Sellers must produce evidence of ownership and/or authorization to sell an Asset upon request of our company or a Buyer.

1.5 PROCEDURE FOR CONDUCTING MARKETPLACE TRANSACTIONS
Assets are listed for the specified offering periods shown on Atomic Mall and are deemed "sold" at the close of a successful, verified electronic payment to the Seller, or a promise of payment via money order or check. Each Asset will have a description and disclosure information on Atomic Mall, as well as any additional conditions of sale provided by the Seller. Buyers may make an offer to purchase at reduced price, at any time prior to an item's delisting, based on the Seller's predefined selling preference. All Assets will have current price displayed on the site. If the Buyer's method of payment is not acceptable to the Seller, or is classified as invalid for any reason, the Seller is not obligated to sell the Asset. After sales are finalized on each Asset, We will send the Buyer and Seller emails detailing the transaction, with contact information. In all marketplace transactions, Buyers who complete a purchase by entering valid and verifiable payment and clicking the final "Send Payment" button, are legally bound to buy the asset at the quoted price amount (see "Contractual Obligations of Buyers and Sellers" below), and the Seller is legally bound to sell the asset, pursuant to these Terms & Conditions, subject to the additional conditions of sale specified by Seller. The Seller is obligated to process and ship orders within the time frame outlined by his/her store policies and posted notices. Failure to ship within this posted time frame may negatively affect the Seller's account, including but not limited to, cancellation of account services. Once the Seller contacts the Buyer, the Seller and successful Buyer shall complete the settlement of the purchase and sale of the Asset pursuant to "Settlement of Transactions" below.

1.6 SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of an Asset following a completed sale shall be conducted pursuant to this Section, unless otherwise provided in the Seller's conditions of sale or in a written agreement executed by the Buyer and Seller. Unless otherwise provided in the Seller's conditions of sale or otherwise agreed upon by the Seller and Buyer in writing, final settlement shall take place no later than seven (7) business days after Buyer is given a successful sale notice.

1.7 USER NAME AND PASSWORD
Once a party becomes a Member of Atomic Mall, the Member will select a user name and a password. Members are entirely responsible for maintaining the confidentiality of their user names and passwords. Furthermore, Members are entirely responsible for any and all activities, which occur under a Member's ID and password. Member agrees to immediately notify us of any unauthorized use of Member's ID or any other breach of security known to Member.

1.8 CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS
Terms & Conditions As Contract. These Terms & Conditions, together with any additional conditions of sale provided by a Seller for a particular Asset disclosed on the Site, comprise a contract between a Seller and the successful Buyer in any completed marketplace transaction. By purchasing an Asset a Buyer agrees, and by listing an Asset on Atomic Mall, a Seller agrees, to be bound by these Terms & Conditions and the Seller's conditions of sale included in the Asset's description, so long as those conditions of sale are not in violation of these Terms & Conditions or unlawful. In the event of any direct conflict between these Terms & Conditions and any conditions of sale provided by a Seller, then these Terms & Conditions shall prevail, except that in the event of a direct conflict regarding the timing and requirements of settlement provided in the Section entitled "Settlement of Transactions" above, then the Seller's conditions of sale shall prevail with respect to such provisions.

1.9 BINDING CONTRACT BETWEEN BUYER AND SELLER
A finalized sale initiated by a Buyer is a binding agreement to purchase the asset from the Seller at the stated price. The agreement is an irrevocable offer, subject only to material changes in the description of an asset made after such sale is completed by a Buyer. Buyers are required to conduct any research or due diligence of an asset prior to finalizing a sale (See "Other Responsibilities of Buyers" below). All Assets are listed and sold on an "as is" basis. If a Buyer agrees to purchase an asset, the Buyer's offer is deemed accepted by the Seller (subject to these Terms & Conditions, including the right of a Buyer to change or retract an offer in the event of a material change in the description of the Asset, as set forth below), except for an exceptional circumstance, such as a typographical error. Once a Buyer's bid is accepted by the Seller, the Buyer is obligated to purchase the asset at the price he/she/it offered and pursuant to these Terms & Conditions and the Seller's conditions of sale. If a Seller receives a verified and valid order for purchase, the Seller is obligated to complete the transaction with the Buyer, unless there is an exceptional circumstance, such as a clear typographical error or other conditions stated in these Terms & Conditions.

1.10 CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use of Atomic Mall by Members shall be conducted in compliance with applicable law. Purchases made on Atomic Mall are entirely without recourse to our company. All Members acknowledge and agree that closing of all sales of Assets may be subject to final approval of a court (including a bankruptcy court) or other agency and that if such approval is not obtained, the Seller may withdraw such Asset after a completed sale process without any recourse or liability on the part of Seller.

1.11 BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions, and Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, our company retains the right to terminate a Member's rights to use Atomic Mall in the event a Member violates these Terms & Conditions. All Assets are listed and sold on the Site on an "as is" basis. Buyers are required to conduct any research or due diligence of an asset that they wish to conduct prior to making an offer of purchase. Unless otherwise indicated/engaged, Buyers are responsible for taking all necessary actions to complete a sale. We retain the rights to terminate a Buyer's rights to use Atomic Mall in the event a Buyer fails to perform his/her obligations to settle on a completed marketplace transaction.

1.12 OTHER RESPONSIBILITIES OF SELLERS
Description of Assets: Sellers must accurately describe Assets in a listing provided for inclusion on Atomic Mall and shall be liable for any misstatements or omissions in such description. Failure to accurately describe an Asset could be fraudulent and could subject a Seller to civil and/or criminal liability, as well as being in violation of these Terms & Conditions. Our company retains the right to terminate a Seller's rights to use the Site in the event a Seller includes material misstatements or omissions in an Asset's description. Prior to listing an Asset, Sellers shall provide to us any terms or conditions of sale for particular Assets in addition to these Terms & Conditions. Sellers are responsible for complying with all applicable local, state, federal, or foreign laws, rules, regulations and legal approvals regarding the sale of any Assets. Sellers are also solely responsible for ensuring that all items offered for sale are offered in full compliance with any applicable legal limitations or restrictions.

1.13 FEES, PAYMENT OF COMMISSION, AND REFUNDS
Each Seller in a transaction for which a valid payment is received shall pay our company the agreed upon commission based on the gross sale amount for the transaction in question, as determined by the posted fee charts on our web site. Fees for listing enhancements and upgrades are separate from final sale fees, and are due and payable at time of selection. Fees for listing enhancements are visible from the listing edit/creation page, also referred to as the "Creation Station", and can be accessed by clicking the blue Info "i" button within the Listing Enhancements section of the form. Listing enhancements remain with their respective listings until such time as the listing is removed from the site, either by management, the Seller, or through natural expiration. All Sellers agree to pay the posted fees associated with each enhancement when chosen. Paypal accounts: Negative balances must be paid within 10 days of invoicing or receipt of our "top-up" reminder notice. Credit card accounts: Negative balances are billed semi-monthly and applied to the credit card on file for each member. Our minimum credit card transaction is $5.00. Any account balances which are less than the minimum charge shall have the overage applied back to member's account in the form of a credit, which may then be applied to any subsequent site fees. Store closures will result in refunds to the Seller's payment account in the amount of any existing site credit, less signup bonus(es) and verification fee credits previously applied. Credits from new account verification fees and signup bonuses are non-refundable and non-transferable. Any refunds or credits due through NPB claims or other account adjustment shall be applied to Seller's existing account balance and settled within our regular fee processing schedule. FSF credits shall be issued upon request due to seller-initiated order cancellation prior to shipment, in the event of invalid buyer payment, or when buyer's payment has not arrived within 30 days of a completed sale. Requests for FSF credits must be received within 45 days of posted transaction date. Final sale fee credits shall not be issued after order shipment has taken place.

1.14 SUPERVISION OF CONTENT
We reserve the right to supervise all material, content and information on this Site, including, but not limited to, asset listings and bidding activity, to determine compliance with the Terms & Conditions and all current and future operating procedures and rules of conduct established by our company. Atomic Mall reserves the right, at our sole discretion and without prior notice, to amend, edit, remove or otherwise block any material which may be deemed in violation of state, federal or local laws or violate any aspect of these Terms & Conditions or which may otherwise jeopardize or interfere with our business operations.

1.15 MEMBER CONDUCT
Each Member is solely responsible for the contents of his/her/its transmissions through Atomic Mall. Member's use of the Site is subject to all applicable local, state, national and international laws and regulations. Member agrees: (a) to comply with international law regarding the transmission of technical data exported from any country through the Site; (b) not to use the Site for illegal purposes; (c) not to interfere or disrupt networks connected to the Site; and (d) to comply with all regulations, policies and procedures of networks connected to the Site. Member agrees not to transmit through Atomic Mall any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to our computer systems are prohibited and punishable by law. Member further agrees not to use Atomic Mall in a manner that violates any national, international, federal, state, local or statute laws, including but not limited to the sale of any regulated substances, or items which may be deemed obscene by various localities within the United States or other countries. Atomic Mall retains the right, at the sole discretion of its staff, employees and officers, to revoke membership and access privileges for any registered or non-registered member at any time for reasons deemed necessary to ensure the continued safe and reliable operation of our site, including, but not limited to, the aforementioned guidelines.

1.16 NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not to resell or make any commercial use of the services provided on Atomic Mall, without the express written consent of our company. Member acknowledges that content appearing on the Site may be protected by copyrights, trademarks or other proprietary or personal rights and that applicable laws will govern the Member's use of such content. Member agrees that without the prior written consent of our company, Member shall not resell the Site, or the services provided on the Site, or use the Site for the transmission of commercial solicitations (other than an offer by Seller of Assets for sale) or for the receipt of responses to commercial solicitations (other than a Buyer's interest in purchasing Assets offered for sale through the Site) without the express written consent of our company. Member agrees not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the Site. Member agrees not to use Atomic Mall for the transmission of (or receipt of responses to) chain letters, lotteries, gambling, raffles or pyramid schemes of any kind. Member agrees not to use Atomic Mall to disseminate any message in a broad-based mailing without the prior written permission of our company. Member agrees not to forge communications or take any other action that would disguise the origin of communications Member transmits through the Site. Member agrees not to permit another person to transmit communications that falsely identifies the Member's account as the origin of such communication. Nothing herein shall limit or prevent any Buyer from re-selling any Asset purchased through Atomic Mall

1.17 SALES TAX
It shall remain the sole responsibility of the Seller to collect and report sales tax revenue where and when necessary as required by Seller's state, province or locality. As Atomic Mall is only a venue for the congregation of buyers and sellers, we assume no responsibility or burden for the collection, reporting, submission or dissemination of state sales and/or use tax. We agree to provide necessary tools to all Members engaging in inter/intrastate transactions for the purposes of defining and calculating appropriate sales tax figures, but under no curcumstances shall we be held liable for a Seller's obligation or failure to submit, report or pay any and all tax related debts to his/her collecting agency.

1.18 PROHIBITED ITEMS
Atomic Mall requires its Buyers and Sellers to comply with all governmental laws and regulations. Since Federal Regulations restrict or prohibit the sale of some items, Sellers are prohibited from listing, selling or otherwise advertising these products on Atomic Mall:

This list should not be interpreted as exhaustive or comprehensive. Atomic Mall reserves the right to cancel, delete or otherwise modify any listing or listings, for any reason as deemed appropriate by management.

1.19 LIMITATION OF LIABILITY
NEITHER ATOMIC MALL, ATOMICMALL.COM, AME, ATOMIC MALL ENTERPRISES, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF OUR MARKETPLACE SITE OR INABILITY TO USE OUR COMPANY (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF ATOMIC MALL PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF ATOMIC MALL, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPHS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

1.20 NO WARRANTY

ATOMICMALL.COM PROVIDES THIS WEBSITE ON AN 'AS-IS' BASIS, WITHOUT WARRANTY, CONDITION, OR PROMISE OF PERFORMANCE. ATOMICMALL.COM ASSUMES NO LIABILITY FOR ANY DAMAGES RESULTING FROM A "FOR SALE" TRANSACTION CONDUCTED WITHIN OUR SITE, OR ANY VISITATION OR OTHER USE OF THIS SITE.


The services herein are offered by Atomic Mall Enterprises (AME). Any inquiries can be made to the following address:

Atomic Mall
PO Box 11567
Yakima WA 98909
USA

All contents of the Atomic Mall (atomicmall.com) Web Site are Copyright © 2008-2017 AME., All rights reserved. AME, Atomic Mall, atomicmall.com and/or other products and services referenced herein may also be either trademarks or registered trademarks of AME and/or Atomic Mall. The names of companies, organizations, products, domain names, email addresses or logos mentioned in the Atomic Mall web site may be the trademarks of their respective owners.