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User Agreement
User Agreement
Please read the terms and conditions below for use of this site and confirm your agreement by checking
the appropriate box and selecting "Continue."
Note: For those
who do not wish to read the entire page of legal jargon, click on the following link and you'll be
routed to the bottom of the form. Simply check the box
"Check
to agree with the terms and conditions of the user agreement" and click
"Continue."
Welcome to
the Contact Center Professionals, Inc.
online marketplace (the "Site"). Any person who wishes to access the Site to buy or bid
for goods or to use the other services provided on the Site (collectively, the "Services") must accept the terms and
conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING
THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND
ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
Contact Center Professionals, Inc., (hereinafter "CCPro") reserves
the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the
Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the
Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines
may be posted without notice to you. You can review the most current version of this Agreement at any time at
http://www.contactcenterpro.com/faq.htm. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING
CCPro'S POSTING OF ANY
CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS
AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
Eligibility. Use of the Site and the Services is limited to parties that lawfully
can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not
use the Services. Every person who uses the Services hereby represents to
CCPro that he or she is not a minor, is at least
over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register,
you must provide your real name, address, phone number and e-mail address, along with other information that may be
required from time to time.
Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for conducting and
participating in transactions on the Site, which are contained in the Help Pages and are incorporated by reference into,
and made part of, this Agreement. The policies, procedures and guidelines contained in the Help Pages explain the
processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be
changed by CCPro in the future, and will be effective immediately upon posting, without notice to you. You should
regularly refer to the Help Pages to understand the current procedures and guidelines related to the Site.
CCPro is not an Auctioneer. Although Contact Center
Professionals, Inc. is commonly referred to as an online
auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a
venue to allow certain persons sell and buy certain products at anytime, from anywhere, in a variety of pricing formats,
including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions."
Contact Center Professionals, Inc.'s Role and Responsibilities. CCPro features two types of marketplaces, and
CCPro's role and
responsibilities vary in each such marketplace.
Contact Center
Professionals, Inc. Direct Sales. Contact Center
Professionals, Inc. may itself be the seller of some of the
products offered in our Auction site. In such cases, CCPro undertakes responsibility for all aspects of the
transaction and the product listing, including product descriptions, identification of quantities, establishment of
starting and maximum bid prices, establishment of reserve requirements (if any) and shipping.
Contact Center
Professionals, Inc. Non-Direct Sales. Merchants are third-parties who sell products on the Site. In this
case, the Merchant is the seller of the product. These Merchants list their items directly and assume responsibility
for all aspects of their product listings including product descriptions, identification of quantities, establishment
of starting and maximum bid prices, and shipping. Although CCPro does not own, warehouse, ship or otherwise manage any
inventory or goods offered by Merchants, those who do not meet CCPro's service standards can and will be removed from
listing products on the site.
Contact Center Professionals, Inc. Payments. Excepting any items offered directly by
CCPro, CCPro does not currently
accept credit card/debit card payments for other orders on the Contact
Center Professionals, Inc. auction site. For its own products,
and for auction-related service fees, CCPro honors Visa, MasterCard, and American Express. Payments for seller products
must be arranged directly between buyer and seller and CCPro will have no responsibility to intervene in the event of a
dispute.
You warrant that any payment method selected by you when placing a
bid shall enable you to make full and immediate payment for the item(s) chosen, if your bid becomes the winning bid. In the
event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without
limitation insufficient funds or credit decline, CCPro may in it sole and absolute discretion cancel your bid. In such case,
CCPro may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the
applicable minimum bid or reserve requirements) as the winning bidder. At CCPro's sole discretion, but without any obligation,
alternate payment methods may be arranged with the product purchaser(s) in the case where a payment method has been declined.
Contact Center Professionals, Inc. Reservation of Rights. CCPro retains the right, but does not have the obligation, to
immediately prevent or restrict access to the Site or the Services or take any other
action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items,
auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the
procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of CCPro, and
to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or
technical problems on the Site.
Your Transactions and Obligations. Bidders and buyers create different obligations by accessing the Site
and using the Services.
Seller/Buyer Obligations, the seller must sell the product to
the highest bidder that meets or exceeds the minimum price. Similarly, if a Certified Merchant offers to sell an item
by means of the Buy Now feature, the seller must sell the item to any buyer who elects to purchase the item through
the Buy Now offer. For bidders, a bid or Buy Now election is a legal offer to buy the product. Once the transaction
closes, both the buyer and seller are obligated to complete the transaction.
Each transaction in the
Contact Center Professionals, Inc. Auction site will
indicate whether a reserve price has been established. If you are the highest bidder (meeting the applicable minimum
bid or reserve requirements) or if you elect to purchase the item through Buy Now offer, your bid of Buy Now
election, as the case may be, is a legal offer to buy the product and you are obligated to complete the transaction.
Bids and Buy Now purchases are not retractable.
By entering into this Agreement and bidding on a product or
making a Buy Now purchase, you agree to complete the transaction as described by this Agreement. You acknowledge that
by not fulfilling these obligations, your action or inaction may be legally actionable.
If an item purchased in the
Contact Center Professionals, Inc. Auction site
is being shipped to Arizona, CCPro must charge sales/use tax on the transaction.
CCPro will accept Arizona resale
certificates only if submitted before the transaction closes. Merchants agree that it is the seller's and the buyer's
responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the
correct tax to the appropriate tax authority. You also agree that CCPro is not obligated to determine whether sales or
use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any
transaction.
Password Security. Your password may be used only to access the Site, use the Services,
electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining
the security of your password. You may not disclose your password to any third party (other than third parties authorized
by you to use your account) and are solely responsible for any use of or action taken under your password on this Site.
If your password is compromised you must change your password.
Access and Interference. The Site contains robot exclusion headers. Much of the information on
the Site is updated on a real time basis and is proprietary of or is licensed to
CCPro. You agree that you will not use
any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you
will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately
large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly
display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working
of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may
use to prevent or restrict access to the Site.
Illegal Activity
Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in
a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the
Services, including in regard to bidding, and purchasing items. You may not register under a false name or use an
invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use
another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent
conduct may be reported to law enforcement, and CCPro will cooperate to ensure that violators are prosecuted to the
fullest extent of the law.
Shill Bidding. You are strictly prohibited from placing bids or causing bids to
be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on
CCPro or the bid price of any product listed on the Site, or influencing user behavior on
CCPro.
Breach. Without limiting other remedies,
CCPro may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if
you breach this Agreement or the documents it incorporates by reference; (b) if
CCPro or any Certified Merchant is unable
to verify or authenticate any information you provide to CCPro; or (c) if CCPro believes that your actions may cause legal
liability for you, other CCPro users or CCPro.
Privacy, Monitoring and Disclosure.
Contact Center
Professionals, Inc. is committed to protecting your privacy. Click here http://www.Contact
Center Professionals, Inc./faq.htm for our general
Privacy Policy, which is incorporated by reference into, and made part of, this Agreement.
Contact Center Professionals, Inc. may
change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as
authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other
participants which is accessible from the Site or disclosed to you by
CCPro except to enter into and complete
transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail
or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our
privacy policy.
Investigation. As permitted by applicable law and consistent with our privacy
policy, CCPro has the right, but not the obligation, to monitor any activity and content associated with this Site.
CCPro may investigate any reported violation of its policies or complaints and take any action that it deems
appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service,
denying access and/or removal of any materials on the Site, including listings and bids.
CCPro reserves the right and
has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise
objectionable.
Disclosure of Information. As permitted by applicable law,
CCPro also reserves the right to
report any activity that it suspects violates any law or regulation to appropriate law enforcement officials,
regulators, or other third parties. In order to cooperate with information requests, to protect
CCPro's systems and
customers, to allow users to resolve disputes, or to ensure the integrity and operation of
CCPro's business and
systems or other purposes deemed reasonable by CCPro, CCPro may access and disclose any information it considers
necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information,
usage history and posted content.
No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S
USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. CCPro MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON
THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT
CERTIFIED MERCHANTS WILL PERFORM AS PROMISED;
ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT,
WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CCPro.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
CCPro
DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM
CCPro OR
THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
General Release. BECAUSE CCPro IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND
CERTIFIED MERCHANTS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE
CCPro (AND ITS AFFILIATES,
AGENTS AND EMPLOYEES) 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.
IF YOU ARE A CALIFORNIA RESIDENT, YOU 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." YOU, BEING AWARE OF SAID CODE SECTION,
HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF
SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT
WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY CCPro.
Limitation of Liability. CCPro WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH
DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
CCPro AND OUR SUBSIDIARIES,
PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A)
YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE,
FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY
PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Applicable Law. The laws of the State of Arizona govern this Agreement and all of its
terms and conditions, without giving effect to any principles of conflicts of laws.
Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION
RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS,
AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL
BE CONDUCTED IN SCOTTSDALE, ARIZONA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING
JURISDICTION THEREOF. EITHER YOU OR CCPro MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT
JURISDICTION IN SCOTTSDALE, ARIZONA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR
CCPro PENDING THE COMPLETION
OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH
COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
Certified Merchant Disputes. Because CCPro is not the seller in the actual transaction between
Certified Merchants and buyers and is not the agent of either for any purpose,
CCPro does not have the duty to resolve and
will not be involved in resolving any disputes between participants related to or arising out of any such transaction.
Licenses. CCPro grants a limited license to each participant to make personal use
only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation,
any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying
and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the
collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data
extraction or data mining whatsoever.
Termination. CCPro, in its sole discretion, may terminate or modify this Agreement,
access to the Site or the Services, or any current transaction immediately without notice for any reason.
Copyright. If you believe that you have been defamed in some manner by the
CCPro
Web site or your own work has been copied in a way that constitutes copyright infringement, please provide
CCPro's
Copyright Agent the following information in writing: (a) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and
email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed,
and a description of where the material that you claim is defamatory or infringing your rights is located on the
CCPro Web
site; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or
that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a
statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed
party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf.
General Provision
Entire Agreement. This Agreement and the general terms, conditions set forth on the
Site, including but not limited to those set forth in the Help Pages, Privacy Policy and Legal Pages, constitute the
entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and
contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject
matter hereof.
No Agency; Third-Party Beneficiary. CCPro is not the agent, fiduciary, trustee or other representative
of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to
any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this
Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are
intended to be and are for the sole and exclusive benefit of CCPro, its Certified Merchants and you.
Severability. If any provision of this Agreement shall be deemed unlawful, void,
or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and
shall not affect the validity and enforceability of any remaining provisions.
No Waiver. CCPro's failure to enforce the strict performance of any provision
of this Agreement will not constitute a waiver of CCPro's right to subsequently enforce such provision or any other
provisions of this Agreement.