Terms & Conditions
These Terms of Using the iNetStreet Platform ("Terms of Using the iNetStreet Platform" or "Agreement") shall serve as an agreement that sets forth the terms and conditions which will govern your use and participation in the transaction management and iNetStreet services provided on and through iNetStreet.com (the "Services"). By selecting to utilize the Services you shall have also indicated your acceptance of these Terms of Using the iNetStreet Platform and your intent and agreement to be bound by them. If you are unwilling to agree to these Terms of Using the iNetStreet Platform, you shall discontinue further use of the Services. If you agree to these Terms of Using the iNetStreet Platform, you will be bound as follows:
- Definitions - "Account" means an account of a Buyer from which payment for the Transaction and related fees will be obtained. "Agreement" refers to this Agreement, the then current operating rules contained on the Site and the Transaction iNetStreet Instructions. "Transaction Detail Screens" means those screens on the Site where Users provide all requested information in connection with a Transaction. "User" means Buyer(s) participating in a Transaction. "Site" refers to the website for the Services which can be found at www.iNetStreet.com. Capitalized terms not defined herein shall have the same meaning as set forth in the General iNetStreet Instructions.
- Description of the Service - The Services are Internet-based transaction management services performed by iNetStreet.com.
- Limits on the Services - The Services are only available for lawful items and items not otherwise excluded by Section 4 below. Limitations on the Services may apply and can be found on the Site or in the General iNetStreet Instructions or Transaction iNetStreet Instructions. Only registered Users may use the Services. In order to register, you must supply all information required on the Site. Applicable state or federal laws and regulations may further limit the Services.
- Prohibited Transactions - Users shall not utilize the Site or the Services in connection with any Transaction that is illegal or involves any illegal items, or is for any illegal purpose. In addition, iNetStreet.com, in its sole discretion, may refuse to complete any Transaction that iNetStreet.com has reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or if iNetStreet.com has reasonable cause not to honor it. Each User agrees to indemnify and hold iNetStreet.com harmless for losses resulting from any use or attempted use of the Services in violation of this Agreement.
- Rejection of Payment - Since the use of a bank account, credit card or debit card account, or the making of an electronic funds transfer may be limited by your agreement with your financial institution and/or by applicable law, iNetStreet.com is not liable to any User if iNetStreet.com does not complete a Transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. iNetStreet.com may post operating rules related to payment on the Site and change such rules from time to time.
- General Conditions of Use - If you arrive at the Site through entities linked and/or integrated with iNetStreet.com or otherwise by or through a third party (e.g., an auction, exchange, or Internet-based intermediary that hosts electronic marketplaces and mediates transactions among businesses), then you authorize such third party to transfer relevant data to iNetStreet.com to facilitate the Transaction. You represent and warrant that all information you provide to iNetStreet.com or to such third party will be true, accurate and complete. The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at the Site, agree to all terms in the General iNetStreet Instructions and agree to the Transaction iNetStreet Instructions.
- Obligations of Sellers - left blank intentionally.
- Obligations of Buyers - On the Transaction Detail Screens, Buyer must designate a payment mechanism and an Account from which the purchase price and related fees (unless such fees are to be paid by Seller) will be obtained for the deposit into iNetStreet. Depending on the amount of the Transaction and the currency selected for the Transaction, Buyer may remit the necessary funds via various methods, which may include corporate credit card, charge card, debit card or purchasing card, check (cheque), cashier's check, money order, or wire transfer. In the case of wire transfers, Buyer will initiate the wire to an account designated by iNetStreet.com on or before the date set forth in the Transaction Detail Screens. Regardless of the payment method, Buyer authorizes iNetStreet.com and iNetStreet.com authorized agents to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations under Section 22 of this Agreement.
- Obligations of Brokers - left blank intentionally.
- Our Responsibilities - iNetStreet.com is obligated to perform only those duties expressly described in this Agreement and the General iNetStreet Instructions. iNetStreet.com shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct (subject to the limitations in Section 17 below). .
- Canceling a Transaction - In iNetStreet.com's sole discretion, iNetStreet.com may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Transaction Details Screens by clicking the "Agree" button as requested on the Site. You may cancel a Transaction as provided in this Agreement, on the General iNetStreet Instructions or in the Transaction iNetStreet Instructions.
- Questions about the Services - If you believe an error has been made or there has been any unauthorized use of your Account or the Services, you agree to send an e-mail as soon as possible, but no later than forty-eight hours after you became aware of an error. When you contact iNetStreet.com, please be prepared to provide your name, iNetStreet.com reference number and your email address you have registered on the iNetStreet.com site.
- Statements, Verification - You agree that all disclosures and communications regarding this Agreement and the Service shall be made by e-mail or on the Site, unless the parties make other arrangements as set forth in the General iNetStreet Instructions.
- Digital Identification - You understand and agree that iNetStreet.com will create, issue, and verify a digital identification (a "Digital ID") for each User. This Digital ID is attached to each accepted electronic document and notification e-mails. You agree that your Digital ID is a valid "Electronic Signature." Please review the General iNetStreet Instructions for more information about iNetStreet.com's use of the Digital ID.
- Fees - Buyer agrees to pay the fees for the Services that are disclosed on the Site at the time the completed Transaction iNetStreet Instructions are agreed to by all such Users, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, appraisal, inspection, etc.). Once paid, iNetStreet.com fees are nonrefundable. iNetStreet.com fees may change from time to time in iNetStreet.com's absolute and sole discretion. iNetStreet.com is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the Services or otherwise arising from the Transaction.
- Security - iNetStreet.com uses secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet to ensure that the data you provide iNetStreet.com is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. iNetStreet.com has also implemented a security system requiring a user ID and a password to access your transactions on the Site. You agree not to give your password to any other person or entity and to protect it from being used or discovered by anyone else.
- Disclaimers - You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly "as is" and "as available" basis. iNetStreet.com MAKES NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.
iNetStreet.com expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. iNetStreet.com shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any Seller of items. No advice or information, whether oral or written, obtained by you from iNetStreet.com or through the Services shall create any warranty not expressly made herein.
You acknowledge and agree that iNetStreet.com does not endorse the website of any third party, or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. In no event will iNetStreet.com be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond iNetStreet.com's control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, terrorism, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).
- Limitation of Liability - TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER iNetStreet.com NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES.
- Termination of Services - iNetStreet.com may suspend or terminate your use of the Services at any time, without notice for any reason, in iNetStreet.com's sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, iNetStreet.com will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an e-mail, but iNetStreet.com is not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to, the delivery of the items and the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys' fees) that iNetStreet.com may incur in order to (a) collect any amounts you owe under this Agreement, the General iNetStreet Instructions, or the Transaction iNetStreet Instructions or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between Buyer and Seller, as set forth in the General iNetStreet Instructions.
- Non-Transferability of the Services - You may not assign this Agreement or the iNetStreet Instructions to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of iNetStreet.com. iNetStreet.com may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void.
- Modifications - iNetStreet.com reserves the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the Transaction iNetStreet Instructions. You understand that the most recent version of this Agreement will be located on the Site.
- Notices - Notices from iNetStreet.com to you will be given by e-mail, or by general posting on the Site. You may contact iNetStreet.com by filling out the customer support form or such other email address as iNetStreet.com posts as its address for notice on the Site in the most recent version of the Terms of Using the iNetStreet Platform
- Indemnification - You agree to indemnify and hold iNetStreet.com, iNetStreet.com affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys' fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the Transaction iNetStreet Instructions, including, without limitation, payment of iNetStreet.com fees and any charge backs from a card organization or reversal or nonpayment of any credit or debit entry.
#. Miscellaneous - In the event of any dispute, claim, question, or disagreement arising from or relating to, this Agreement or to the Underlying Transaction, or breach of any of them, you agree to resolve such dispute in the manner set forth in the General iNetStreet Instructions. This Agreement shall be governed by the laws of the State of Georgia. Any dispute shall be resolved pursuant to the Dispute Resolution and Governing Law/Venue provisions of the General iNetStreet Instructions. This Agreement in conjunction with the General iNetStreet Instructions and rules contained on the Site constitutes the entire agreement between iNetStreet.com and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter. If there is a conflict between the terms and conditions of this Agreement, the rules contained on the Site, and/or the General iNetStreet Instructions, then the conflicting terms set forth in the General iNetStreet Instructions shall control first, these Terms of Using the iNetStreet Platform shall control second and the rules contained on the Site shall control third. The General iNetStreet Instructions are incorporated herein by this reference. iNetStreet.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iNetStreet.com in writing. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect for so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto.
iNetStreet.com may assign this Agreement to any current or future affiliated company and to any successor in interest. iNetStreet.com also may delegate certain of iNetStreet.com rights and responsibilities under the Agreement to independent contractors or other third parties.
If you are a registered User of the Site, then each time you request the Services will constitute your agreement to these Terms of Using the iNetStreet Platform, as amended from time to time in iNetStreet.com's sole discretion, and evidence that you have read, understood and accepted the then applicable Terms of Using the iNetStreet Platform.
Revised January 29, 2020.