1. The Terms
    1. The Services provided by Xintory, Inc. ("Xintory") through the Xintory Web Site (the "Site") are undertaken by Xintory in accordance with these terms (the "Terms"). By either listing products for sale or purchasing products on the Site, users ("Users") agree to these Terms. Xintory reserves the right to modify the Terms by posting modified Terms on the Site.
    2. Users who wish to become prospective buyers or sellers of products ("Products") listed on the Site shall register by selecting a login ID (your e­mail) and personal password and providing any other required registration information.
    3. Users who log­in represent and warrant that (a) all information provided during registration is accurate and complete, and (b) all registration information from time to time will be updated so that it is kept current, accurate and complete at all times. Users are solely responsible for all conduct and transmissions that take place under their respective login ID and passwords. Xintory may request additional information at any time with respect to registration information. Xintory may, in its sole and absolute discretion, refuse to accept a User's registration, and may terminate a User's rights to continue using the Site for any reason at any time.
    4. Xintory also collects generic information using IP addresses that do not identify Users directly, to help diagnose problems with the Xintory server, administer the Site, analyze trends, track Users' movements, and gather broad demographic information for aggregate use in order to improve the Site.
    5. These Terms are in force at any time a User uses the Site in any way. If a User disagrees with these Terms, the sole remedy is for the User to terminate its use of the Site. Upon any termination of a User's right to use the Site, these Terms shall survive termination with respect to any use or transactions occurring prior to termination.
    6. Xintory provides an exchange to bring Buyers and Sellers together in an online marketplace. Xintory is not involved in forming the actual transaction between a Buyer and Seller. Xintory is neither an agent, partner, nor joint venturer of Buyers nor Sellers. Xintory does not take title to Products at any point in time in a transaction between a Buyer and Seller. Xintory has no control over the quality, safety or legality of the Products listed, or the truth or accuracy of the Product listings. Xintory agrees to maintain the Buyer’s payment for the transaction in a federally insured escrow account until notified by the Buyer of acceptable receipt to protect both the Buyer and Seller. Buyers must notify Xintory of any dispute with the Seller or problems with the goods received within five business days of receipt of product or forfeit all rights of remedy from Xintory. Xintory may rely on any instrument or email reasonably believed by it to be genuine and to be signed and sent by the party or parties, their officers, agents or representatives. See below for dispute resolution policy.
  2. Seller’s Responsibilities and Rights
    1. A prospective seller ("Seller") of Products must have the authority to sell the Products it lists for sale on the Site, free and clear of any liens, claims or other encumbrances. Seller agrees to use commercially reasonable efforts to supply accurate information for each Product listing (including quantity and condition), and will be solely responsible for the Product listing information. Each Product listing will be immediately posted on the Site by Xintory. Xintory reserves the right to reject any Products from posting on the Site. Links posted on the site to the manufacturer’s web site are not guaranteed to be accurate and are dependent upon the Seller providing full and accurate information when listing a product for sale. Seller agrees to hold Xintory harmless from an incorrect link for any reason.
    2. Sellers are responsible for the availability of all products listed on the site. Sellers will remove from the site any products no longer available on a timely basis. If Sellers are advised of a purchase of product that is no longer available, Seller agrees to notify Xintory within one business day; Xintory will immediately notify Buyer and refund Buyer’s payment in full.
    3. Seller agrees that Buyers will pay Xintory directly for all products sold on the Site and that Xintory will hold Buyer’s payment in escrow in a federally insured bank account. Upon notice from Xintory of its receipt of payment from Buyer, Seller agrees to release products to Buyer or its authorized freight carrier on a timely basis, but no longer than three business days from such notification. Upon notification by Buyer that Seller’s products were received as listed for sale and in good condition (such notification not to exceed five business days from receipt of product by Buyer), Xintory will forward Buyer’s payment to Seller by check or wire transfer, as directed by seller, less fees charged by Xintory for its services and any credit card fees incurred in Buyer’s transaction and any fees incurred by Xintory for wire transfers to Seller (if wire transfers are specified by Seller in its registration).
    4. Seller is responsible for the accuracy of information of products listed on the site, including but not limited to the product description, pricing, quantity and condition. Products are sold FOB seller’s location or FOB Delivered, at the option of the Seller. Seller agrees that Xintory provides an exchange for the sale of Seller’s product and is not a principal or participant in the underlying transaction between Seller and Buyer and is not responsible for any dispute with the Buyer or damage to said product by freight carrier. Should any dispute arise between the Buyer and Seller with respect to the Product, Xintory shall (a) maintain the Buyer’s payment in escrow until it shall have received joint written instructions signed by each of Buyer and Seller, or a final order, judgment or decree from a court of competent jurisdiction, or (b) institute a bill of interpleader in any court of competent jurisdiction to determine the rights of the parties. If Buyer and Seller agree to resolve their dispute through binding arbitration, Xintory shall have the additional right to act on the instructions of the appointed arbitrator(s). Should such actions be necessary, or should Xintory become involved in litigation or other proceedings of any nature on account of the transaction, Buyer and Seller agree to pay Xintory, in addition to any commissions or fees hereunder, reasonable attorney's fees incurred by Xintory and any other costs and expenses resulting from such actions, all of which may be deducted from the funds held in escrow by Xintory.
  3. Buyers Responsibilities and Rights
    1. Buyers are invited to purchase any product as listed by seller. Buyers agree to pay Xintory directly for all purchases, such payment to include fees for Xintory’s services and applicable federal, state and local taxes, and that no transaction is complete until Xintory receives full payment on a timely basis. Buyer agrees to forfeit its purchase if Xintory does not receive payment in full within five days of purchase on the Site and that in such event, Xintory will notify Seller that it can relist the product on the Site. Buyer agrees that its payment will be held in Xintory’s federally insured escrow account until Buyer notifies Xintory that the product that was received is acceptable; such acceptance to confirm the products are acceptable in all regards, including but not limited to, quantity, quality, and timeliness of delivery, at which time Xintory will release payment to Seller. Buyer agrees to notify Xintory of its acceptable receipt of product or of any dispute regarding the transaction within five business days of receipt. Failure to advise Xintory within five business days of such acceptable receipt in all regards or dispute, including but not limited to quantity, quality of product and timely delivery shall be deemed full and complete acceptance by Buyer according to the terms of the transaction, and by such default, authorization by buyer for Xintory to release all payments to Seller. Buyer agrees that any subsequent dispute for any reason will be resolved directly with Seller and that it forfeits any rights or remedies for subsequent disputes from Xintory and that Xintory fees or other charges incurred as a result of the transaction are not refundable. In the event the Buyer has a dispute with the Seller after its acceptance of the product, Buyer expressly waives its rights to assert any claim with its credit card company and to pursue any and all claims directly with Seller.
    2. Buyer agrees to arrange for its carrier to pick up its purchased products on a timely basis, but no more than five business days after purchase. In any event, if Buyer or its authorized freight carrier or agent fails to pick up its product within ten business days, Xintory is hereby authorized to pay Seller in full. Buyer agrees that any subsequent dispute for any reason will be resolved directly with Seller and that it forfeits any rights or remedies for subsequent disputes from Xintory and that Xintory fees or other charges incurred as a result of the transaction are not refundable. Once Xintory has released payment to Seller, Buyer expressly waives its rights to assert any claim with its credit card company and to pursue any and all claims directly with Seller.
    3. Links posted on the site to the manufacturer’s web site are provided for the convenience of Buyers and are not guaranteed to be accurate. Buyer agrees to independently verify that the link to the manufacturer’s web site is correct and to hold Xintory harmless from an incorrect link for any reason.
    4. Buyer agrees that Xintory provides an exchange for the purchase of Seller’s product and that Xintory is not a principal or participant in the underlying transaction between Seller and Buyer and is not responsible for any dispute with the Seller or damage to said product by freight carrier. In the event that Xintory is notified by the Seller that the product purchased is no longer available, full payment will be refunded to the Buyer in the same manner of payment made by Buyer within 2 business days. Once payment is received by Xintory, Buyer agrees that no transaction is cancellable (unless the product is no longer available from the Seller) without written approval by Seller and will be subject to Seller’s terms and conditions and that Xintory’s fees or other charges incurred as a result of this transaction are not refundable.
    5. Should Buyer notify Xintory of any dispute with Seller with respect to the Product within five business days of its receipt by Buyer, Xintory shall (a) maintain the Buyer’s payment in escrow until it shall have received joint written instructions signed by each of Buyer and Seller, or a final order, judgment or decree from a court of competent jurisdiction, or (b) institute a bill of interpleader in any court of competent jurisdiction to determine the rights of the parties. If Buyer and Seller agree to resolve their dispute through binding arbitration, Xintory shall have the additional right to act on the instructions of the appointed arbitrator(s). Should such actions be necessary, or should Xintory become involved in litigation or other proceedings of any nature on account of the transaction, Buyer and Seller agree to pay Xintory, in addition to any commissions or fees hereunder, reasonable attorney's fees incurred by Xintory and any other costs and expenses resulting from such actions, all of which may be deducted from the funds held in escrow by Xintory.
  4. Buyer and Seller Responsibilities
    1. For any agreement on the sale of Products, Buyer and Seller agree:
      1. ALL PRODUCTS ARE SOLD "AS IS, WHERE IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE EXPRESSLY SET FORTH IN THE TERMS OF SALE FOR SUCH ITEM AND LABELED AS A "WARRANTY".
      2. IN NO EVENT SHALL BUYER OR SELLER BE LIABLE TO EACH OTHER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY LOST REVENUE OR ANTICIPATED PROFITS, ARISING OUT OF OR IN CONNECTION WITH SUCH TRANSACTION.
      3. IN NO EVENT SHALL THE LIABILITY OF SELLER TO BUYER, OR BUYER TO SELLER, FOR ANY SUCH TRANSACTION EXCEED THE BID AMOUNT OF THE PRODUCTS.
    2. In any transaction on the Site, Buyer and Seller are responsible for determining whether sales, use, VAT, GST, transfer, ad valorem or other similar taxes of any taxing authority apply to the transaction and to collect, report and remit the correct tax to the appropriate tax authority. Xintory is not obligated to determine whether any such taxes apply and is not responsible for collecting, remitting or reporting any such taxes arising from any transaction.
    3. Buyers and Sellers agree to comply with all applicable laws and regulations (including those relating to taxes) regarding use of this Site and the sale or purchase of Products on this Site. Buyers and Sellers agree not to use this Site or any content contained in it for any illegal or inappropriate activities, which include harassing or bribing others, misappropriating or copying the contents of this Site or any listing, or selling fraudulent or counterfeit Products.
    4. Sale price manipulation of any kind by users is strictly prohibited, including, without limitation, bidding through a secondary account or other party, by communicating with other buyers, or by shill bidding.
    5. Buyers and Sellers shall not submit, publish, distribute, or transmit through this Site or its e­mail links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, or that would otherwise give rise to liability or violates any law.
    6. Buyers and Sellers agree not to submit, publish, distribute, or transmit anything through this Site that will violate or infringe, or cause Xintory to violate or infringe, the intellectual property or other rights of any third party, including copyright, trademark, trade secret, privacy or other proprietary rights. Buyers and Sellers shall not use this Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users.
    7. Sellers and Buyers are required to comply with all applicable laws, including those for importing goods into the country where the Products will be imported. For importers in the United States who import any items located outside the U.S., they should become knowledgeable about any restrictions, taxes or duties, and government filings involved with importing the particular product into the United States.
    8. Sellers and Buyers have the sole responsibility to comply with all applicable laws including those for exporting goods. Sellers and Buyers agree to comply with the laws of the countries where both the Products are located and the country into which the Products will be imported.
  5. Sales Tax
    1. Xintory has no obligation to collect or pay sales tax as it is a marketplace for independent sellers and independent buyers to meet and does not take passion of the goods. However, as a curtesy to its users, Xintory will charge and collect sales tax from buyers for sellers in states where they indicate they are registered to pay sales tax and forward this payment to sellers to remit to the appropriate state authority.
  6. No Xintory Warranties; Limitation of Liability; and Release
    1. THIS SITE IS PROVIDED BY XINTORY ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, XINTORY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON­ INFRINGEMENT. XINTORY DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT ON THE SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, SECURE OR OPERATE WITHOUT ERROR. XINTORY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY BUYER OR SELLER.
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XINTORY ASSUMES NO RESPONSIBILITY, AND IN NO EVENT SHALL XINTORY BE LIABLE FOR, ANY INJURY, LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH BUYERS OR SELLERS ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR FROM DOWNLOADING OF ANY MATERIALS, DATA, OR CONTENT FROM THE SITE OR FROM THE PURCHASE OF MATERIAL ON THIS SITE.
    3. IF, NOTWITHSTANDING THE FOREGOING, XINTORY OR ANY SELLER SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE (WHETHER IN CONTRACT OR TORT) WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF THE SITE, THE LIABILITY OF XINTORY AND ANY SELLER SHALL IN NO EVENT EXCEED THE FEES PAID XINTORY WITH RESPECT TO THE PARTICULAR TRANSACTION GIVING RISE TO SUCH LIABILITY, OR (B) $500.
    4. Buyers and Seller release XINTORY, its subsidiaries and affiliates, and their respective officers, directors, agents, employees and third party suppliers, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes (inasmuch as XINTORY is not involved in the actual transaction between Buyers and Sellers). All Buyers and Sellers who are California residents, waive California Civil Code §1542, which says: "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 affected his settlement with the debtor."
  7. Indemnification
    1. Buyers and Sellers shall indemnify, defend and hold harmless Xintory, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents (collectively, the "Xintory Enterprise"), from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), brought by or on behalf of any third party against Xintory that arises out of (a) any breach or violation of these Terms, (b) any dispute with another Site user relating to your purchase or sale of Products on this Site, or (c) any personal injury, death or property damage caused by or arising out of the subsequent use of the Products purchased on the Site.
  8. Links and Advertisements
    1. The Site may contain links to or banners advertising other sites on the Internet that are owned and operated by third party vendors and other third parties. Xintory is providing these links and banners solely as a convenience. The appearance of a link or advertisement does not imply Xintory’s endorsement, nor is Xintory responsible for the content of any linked site.
  9. Applicable Law
    1. This Site is controlled by Xintory from its offices in Baltimore, Maryland. The laws applicable to the interpretation of these Terms shall be the laws of the State of Maryland, without regard to any conflict of law provisions.
  10. Disputes and Venue
    1. Any legal action arising out of or relating to these Terms shall be filed only in the state or federal courts of Baltimore County, Maryland, U.S.A., and Buyers and Sellers consent and submit to the exclusive jurisdiction and venue of such courts.
  11. Xintory Copyright and Trademarks
    1. Xintory and the Xintory logo are trademarks or service marks of Xintory, Inc. The trademarks, tradenames and all other material contained on this Site, including all portions of the website, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Xintory or its licensors. Except as expressly permitted hereby, the use of any such property for any other purpose, or the modification, distribution or republication of such material without the prior written permission from Xintory, is strictly prohibited.
  12. General Terms
    1. These Terms constitute the entire agreement and understanding of the parties in respect of its subject matter and supersedes all prior understandings, agreements, or representations by or among the parties, written or oral, to the extent they relate in any way to the subject matter hereof or the transactions contemplated hereby.
    2. These Terms do not create, and shall not be construed by the parties or any third person as creating any agency, partnership, joint venture, or employment relationship between a Buyer or Seller and Xintory. The relationship of the parties under these Terms shall be solely that of independent contractors. Neither party shall have, nor hold itself out as having, any right, power or authority to assume, create, or incur any expenses, liability, or obligation on behalf of the other party, except as expressly provided herein.
    3. Xintory's failure to exercise or enforce any right or provision of these Terms will not constitute our waiver of such right or provision.
    4. All of the terms, agreements, covenants, representations, warranties, and conditions of these Terms are binding upon, and inure to the benefit of and are enforceable by, the parties and their respective successors and assigns.
    5. The provisions of these shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof, provided that any provision of these Terms that is invalid or unenforceable in any situation or in any jurisdiction will not affect the enforceability of the remaining terms and provisions hereof or the enforceability of the offending term or provision in any other situation or in any other jurisdiction.

Please feel free to contact Xintory to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, or sending email to info@xintory.com.