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User Agreement

This user agreement is for realmtb.com and describes the terms and conditions applicable to you and for your use of our services provided to you by realmtb.com. If you cannot agree to the terms within then you cannot use realmtb.com and you hereby agree to leave realmtb.com and shall not return unless you agree to the terms herein. Use of this website constitutes you acceptance to both the user agreement and privacy policy. This agreement represents the entire agreement of the parties and supersedes all prior oral and written understandings and agreements with regard to the subject matter hereof. There are no oral or written representations, agreements, or understandings except as provided herein. This agreement may change at anytime with or without notice to REALMTB members.

1. Disclaimer - Users or guests of REALMTB agree not to hold REALMTB accountable for any errors, mishaps, misfortunes, monetary losses or gains, product losses or gains, property damage, negligence, attorney fees, or any other unfortunate event or reason that may have occurred because of REALMTB, its services, its employees and agents, and other users or guests. You agree to the use of REALMTB in "as is" condition without warranty, including the implied merchantability and fitness for particular purpose or any other statutory, expressed or implied warranties. There are no warranties which extend beyond the description on the face hereof. No expresses warranties are ever created by REALMTB, if you are ever made aware of any information that could possibly be construed as an expressed warranty you should disregard the information as it is not intended to be a express warranty of any kind. In addition REALMTB assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure. REALMTB is a public site run by the public and its operators can in no way be responsible for anything associated with the site. Use of this site by a user constitutes an implied contract to the terms within this document. Use of this site will be governed and construed in accordance with the laws of the Commonwealth of Wisconsin. All civil cases of law shall but settled by arbitration in Madison, Wisconsin or the closest court to Madison, Wisconsin. In the event a problem still occurs and civil litigation proceeds, the parties agree that the losing party will pay the legal fees of both parties. In addition you should know that REALMTB has no assets which to obtain any sort of monetary relief and the maximum amount of relief you agree to be entitled to is $10.00 USD. You are not entitled to any consequential or incidental damages that you may occur because of use of this site. In the event of some form of tort you agree that you are entitled to a maximum amount $10.00 USD and you will reimburse REALMTB for any expenses it occurred in the amount not to exceed $200,0000 USD. Some states do not allow this disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

2. Membership Eligibility - In order to use our site you must be able to enter into a legally binding contract, and reside in the United States. Examples of individuals who cannot form a legally binding contract are: minors, individuals adjudicated incompetent, individuals incompetent in fact, and intoxicated individuals. If you do not meet the above qualifications then you may not become a member of REALMTB. If you are a business entity and are registering, you hold that you have the authority to bind the entity into this agreement. Lastly, if you are already a member you cannot obtain an additional membership ID. Members founds with more than one account will have both accounts terminated

3. Fees for Services - All services provided by realmtb are free at the current time including but not limited to: browsing, buying, and selling. Users will be given 10 days notice if the policy on fees is ever changed.

4. REALMTB is solely a Venue (The scene or setting in which something takes place) - REALMTB is a public meeting ground for the exchange of goods. We do not take any part in the sale of goods and are merely equivalent to a city street where a buyer and seller meet. Buyers and sellers are responsible for their own actions including determining if the individual they come in contact with is a reasonable party to be conducting business with.
4.1 Identity Verification - We collect data from our users and relay it to the necessary individuals taking part in a transaction. This data should in no way be solely relied upon for completing a transaction. Feedback is also provided for users but the system can easily be abused. An Individual taking part in a transaction must engage in additional techniques to verify the legitimacy of the other party and take steps to safeguard the transaction. An example of this would be to use a third party "escrow" service for transactions.
4.2 Release - Because realmtb.com is only a venue, in the event that dispute with one or more users, or a dispute with a third party arising out of your use of realmtb.com, you release REALMTB and its operators, owners, and employees, from claims, demands and damages (both actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and disclosed, expressed and implied, arising out of or in any way connected with such disputes. In addition you waive any statues or other legal instruments used to inhibit or limit the effectiveness of this release on the part of REALMTB.
4.3 Information Provided by Other REALMTB Users - We cannot control the information provided within this site by other users. You should know that in general sellers use techniques known as "puffing" to market their goods in a way that may be considered deceptive by some but nonetheless makes an item seem more valuable. In addition some users may have provided language that maybe offensive, harmful, inaccurate. Before sending any form of consideration for a contract you must engage in behavior to determine if the party you are dealing is of age and can legally form a binding contract. Minors are allowed to rescind contracts under most states even if they misrepresent their age. If you in the course of verification you determine the individual is not of legal age then you must not continue and you shall report the user to REALMTB at the following email address: admin@realmtb.com

6. License - Your posting of any information while using our site becomes the sole property of REALMTB and may be used for any purpose. You grant to REALMTB a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights with respect to the content and information provided. To read more about our privacy policy please click the privacy policy button on the bottom of the page.

7. Physical Site Restrictions - You may not engage in any behavior that sacrifices the integrity of the REALMTB website such as but not limited to: hacking, cracking, excessive processing of system resources, submitting virus or worms or trojan horses, exploiting bugs or holes in the security systems, placing easter eggs, cancel bots, and timebots. You may be sued for any damage that is resulted from these actions or any other criminal actions you engage in.

8. Listing and Selling - You must be able to legally sell items to list an item for sale which includes residing in a location within the United States of America. Each listing must describe the item and the terms and conditions to complete the the transaction. You agree to only provide information needed to describe the item and the associated terms and condition for each listing. You agree as the seller that their listings are free of errors and misrepresentations, and that your list is in the proper category and product. You agree as the seller to abide by the quality rating system provided by REALMTB. You agree as the seller to sell and ship the item at the price stated in the ad, but only to a location within the United States. You agree that you will remove an item from REALMTB if at anytime the item becomes unavailable or damaged. Sellers who do not follow through with a sale may have their account suspended or removed from our system for a definite or indefinite period of time. A sale may only be avoided if the other party as defined by this agreement is not capable of using the site. In addition you agree that an item for sales was legally acquired and does not infringe on any third party's rights. You also agree to post merchandise in a manner that makes the buyer aware of anything that may cause physical injury to them in the course of ordinary use.

9. Buying - Buyers must have the ability to enter into a binding contract and must reside within the United States. Buyers agree to pay the listing price for the item in question and agree to send payment for the item in a reasonable time period following initial contact with the seller, but only after you the buyer have determined the legitimacy of the seller and his or her bona fide intentions. All terms of the contract are in United States dollars unless otherwise specified. A buyer may only retract an acceptance of an offer under unusual circumstances such as but not limited to: death, bankruptcy, and when the buyer has determined that the seller is not qualified either because because of misrepresentation or fraud, or because the user does not meet the criteria necessary to be a participant of REALMTB.

10.1 Feedback - Bona Fide Buyers agree to leave feedback only if they intended to purchase the item in question and sellers agree to leave feedback only if they intended to sell the item in question. Users found leaving feedback for themselves or under any false pretenses will be banned and will be held responsible for any harm caused to REALMTB or REALMTB's users for past, present, and future arising.
10.2 Fraudulent Feedback - Users found to have left feedback in a fraudulent manner such as buying an item just to leave feedback are subject to an investigation, which upon you agree to reimburse REALMTB for any administrative fees incurred in the investigation but not to exceed $5000 if you are found to have conducted behavior that is not satisfactory to a reasonable person. In addition, a user may rescind from a contract if another party is found to have had fraudulent feedback.

11. Generalized Restrictive Activities - You or your information shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISP'S or other suppliers; and (h) link directly or indirectly to or include descriptions of goods or services that: (1) are prohibited under this Agreement; (2) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (3) are concurrently listed for sale on a web site other than REALMTB (this does not prevent linking to or advertising an REALMTB item from another web site); or (4) you do not have a right to link to or include.

Fraud - If realmtb suspects that you may be committing an act fraud, either directly through our site or indirectly through a third-party, you will have your account terminated. In addition you are liable for you owns actions and including but not limited to: slander, libel, negligence, fraud, misrepresentation.


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