1. These Terms of Service (the “Agreement” or “Terms”) contain the terms and conditions under which you may make use of the A1Pigeons Site at www.a1pigeons.com and /or the services that we make available to you. These terms constitute a legal agreement between you (“you” or “user”) and A1Pigeons, LLC (incorporated in the State of California and operates the A1Pigeons Site, hereinafter referred to as “A1Pigeons,” “we” or “us”), and, they govern your access and use of the website, content, products, and services (the “Services”), made available to you either as a Seller or as a Buyer.

    These Terms together with the privacy policy available at (“Privacy Policy”), Buyer Terms and Conditons available at (“Buyer Terms & Conditons”), Seller Terms and Conditons available at (“Seller Terms & Conditons”), Shipping and Return Policy available at “Shipping and Return Policy” and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.”

    Please, read these Terms and any additional terms applicable to your use of the Site or the Services before using it. By accessing or using the Services either as a registered user or not, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.

    IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.  BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

    CHANGES TO THIS AGREEMENT: We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Service or through other communications such as the email address registered in your account. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the platform, you are indicating to us that you agree to be bound by the modified Terms. The contents of this website may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this site, you agree to be bound by any such revisions.

    If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion

    PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

    1. Description of services and marketplace platform

    The Services constitute a technology platform including a website designed to provide an auction marketplace platform where users of the Service can participate in several auctions on the platform. We provide a marketplace platform that helps Buyers (“Buyer”), access a network of Independent Sellers (“Seller”). Users can sell, bid on listed items and buy items via the platform. Subject to the terms herein, we provide other site services to both Buyers and Sellers (both “users”), including hosting and maintaining the Site.

    All auction events are operated by independent Sellers and we have no control over the activities of the users of the platform nor are we a party to any purchase agreement between users of the platform. Sellers are solely responsible for running each auction event and regulating each sale. The information on items provided through these services and on the Site is supplied by the seller or other third parties; A1Pigeons is not responsible for the accuracy of such information. A1Pigeons provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. A1Pigeons is not a party to any transaction between users that occurs through the Site or that originates from information found on the Site.

    We may provide information and tools to help users make more decisions such as our listing information, safety resources and guides. However, we do not guarantee, nor do we warrant or represent, that the information displayed on the platform by any user about a listing is accurate or that it belongs to the user who supplied it.

    A1Pigeons does not make any representation or warranty as to the item-specifics (such as legal title, identity, etc.) of any of its Users. You release and indemnify A1Pigeons and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Service and specifically waive any claims that you may have on this behalf under any applicable law.

    1. A1Pigeons accounts: registration and acceptance
    • Account types: In order to access and use most aspects of the Services, you must register for and maintain a user account (“Account”), either as a Seller or a Buyer. Subject to the Terms herein, certain portions of the platform are available to Site Visitors, including those portions before the creation of an account. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
    • Eligibility: A1Pigeons offers the Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the platform, you must, and hereby represent that you will use the Services for business purposes only and will comply with any licensing, registration, or other requirements. You also represent that you are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.
    • Registration and acceptance: Account registration requires you to submit certain personal information, such as your name, email address, location information, and/or mobile phone number, and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to-date information in your Account.

    We may also require you to provide additional optional information about you and your preferences from time to time, which is not a compulsory requirement to register for a user account but may be helpful to A1Pigeons in improving and providing safety, security and a more customized user experience when using the platform.

    A1Pigeons reserves the right to decline a registration to join A1Pigeons for any lawful reason.

    • Usernames, passwords, and account security

    Each individual who uses the Site must register for their own Account. When you register for an Account, you may be asked to choose a username and password for the Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service. You hereby acknowledge and agree that A1Pigeons will not in any way be liable to you for any loss caused by unauthorized access to and use of your account.

    1. Relationship with A1Pigeons

    You acknowledge, agree, and understand that A1Pigeons is not a party to the relationship or any dealings between users of the service. We do not provide sales services, and we are not the employer of any Seller on the platform. You acknowledge that we do not supervise, direct, or control users or Services made available to you in any manner. A1Pigeons is not responsible for any non-performance or breach of any contract entered into between users of this service. A1Pigeons cannot and does not guarantee that the concerned user(s) will perform any transaction concluded through the platform.

    We merely make the Services available to enable users to connect on the platform. A1Pigeons does not select items or auction events for Buyers. Through the Services, Buyers may be notified of auction events or listings around them or based on their preferences. However, Users are responsible for evaluating and determining the suitability of any auction event or listed item on their own.

    1. Intellectual property rights, license, and restrictions
    • Intellectual property rights: This platform is controlled and operated by A1Pigeons and all material on this Platform, including but not limited to software, images, illustrations, text, scripts, graphics, audio clips, and video clips, and other interactive features made available to you on the Platform, logos, trademarks, and service marks contained herein, are owned by A1Pigeons. Other service marks, logos, and names on this Platform are the property of their respective owners.

    Any use of the Platform or the contents made available to you on the Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by A1Pigeons at any time without notice and with or without cause.

    Without the prior written consent of A1Pigeons, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

    • License and restrictions: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.

    You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.

    1. 5. Commission, fees, tax, and payment

    We charge a certain fee as commission on any sale you make through the platform. Notwithstanding this, transaction fees and other applicable taxes such as federal, state and local tax, sales, import, export, VAT and other taxes and duties applicable to the sale or purchase of the item and users understand that they are responsible for the payment of any such charges.

    All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

    Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order

    1. User representation and platform use

    You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

    Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

    You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:

    1. You shall not host, display, upload, modify, publish, transmit, update or share any listing or information which:
    2. belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized property or copy of another person’s content such as providing links to them, providing information about them;
    3. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
    • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
    1. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
    2. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
    3. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
    • tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
    • Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
    1. Interferes with another user’s use and enjoyment of the website or any other individual’s user and enjoyment of similar services;
    2. Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms of Service.
    3. You shall not attempt to or manipulate or misuse the feedback system, including by:
    • Making attempts to compel another user by threatening to leave negative feedback on such user;
    • Expressing or communicating views and values that are unrelated to the service, such as religious, social commentary, sexual or political views, in the feedback system; or
    • Offering to make a payment or anything of value in return for obtaining feedback without actually offering a service.
    1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
    2. You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
    3. You shall not probe, scan or test the vulnerability of the Service or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
    4. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

    The content you access: It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

    Your safety, interaction with other users: The Services allows you to interact with other users, either in person or online. Although A1Pigeons strives to encourage a respectful user experience, we shall not be responsible for the conduct of any user on and off of the service. You agree to use caution in all interactions with other users particularly if you decide to communicate off the Service or meet in person.

    1. How we communicate: consent to electronic transaction, communication and disclosures

    To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices or other communications from A1Pigeons to you regarding our services being offered (“Communications”) may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the A1Pigeons website and/or delivered to your email address.

    Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

    You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account with information or questions about your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

    Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward; we may still send you relevant information about your account and any transaction detail carried out between you and other users on the A1Pigeons platform. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the A1Pigeons service.

    1. Non-circumvention

    As a user of the A1Pigeons service, you hereby agree not to solicit, offer or accept any proposal to engage in making or receiving payments outside of A1Pigeons with the aim of circumventing the A1Pigeons stipulated charges.

    You understand that a violation of this section is a breach of this Terms of Service and your account may be permanently suspended if you are found to violate this section.

    1. Copyright infringement and DMCA notification

    A1Pigeons respects the intellectual property of others and asks its users of the platform to do the same. A1Pigeons’s Service may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.

    A1Pigeons has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on any of A1Pigeons’s Services in a way that constitutes copyright infringement, please notify us at customercare@a1pigeons.com.

    Notification of alleged copyright infringement

     In order to be valid, the notification must be in writing, must contain the following information and be submitted to us:

    1. a description of the copyrighted content or other intellectual property that you claim has been infringed;
    2. a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
    • a detailed description of where this content or intellectual property is located on the Service, for us to find it;
    1. your address, telephone number, and email address;
    2. a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    3. a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.

    Counter-notification of alleged copyright infringement

    If you believe that your content on the A1Piegeons’ marketplace was wrongly taken down or disabled by a DMCA takedown, you have the right to contest such takedown by submitting a counter-notice to us. Your counter-notice must contain the following information and sent to our email at customercare@a1pigeons.com:   

    1. your name, telephone number, email address and physical address;
    2. a description and identification of the content that has been taken down or disabled as well as the location at which the content appeared before it was taken down or removed, including any applicable URLs;
    • A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the material in question;
    1. A statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which A1Piegeons, LLC is located and that you will accept service of process from the person who submitted a notice in compliance with Section 512(c)(1)(C) of the DMCA; and
    2. Your electronic or physical signature.

    Upon receipt of a counter-notice from you, A1Piegeons may provide a complete unredacted copy of your counter-notice to the complaining party and inform the complaining party that A1Piegeons may restore the disabled content. unless the complaining party files an action seeking a court order against A1Pigeons, the disabled content may be restored by A1Piegeons.

    Please note that under federal law, (i) any person who knowingly misrepresents to A1Pigeons that material is infringing shall be liable to A1Pigeons and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by A1Pigeons and/or the alleged infringer as a result of A1Pigeons’s reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to A1Pigeons that the material was removed or access blocked by mistake or misidentification shall be liable to A1Pigeons and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by A1Pigeons and/or the copyright owner or its authorized licensee as a result of A1Pigeons’ relying on such misrepresentation and replacing such removed or blocked material.

    1. Feedback, comments, and other user content

    We may permit you from time to time to submit, upload, publish, or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services, or initiation of support requests (“User Content”).

    You acknowledge and agree that A1Pigeons provides this feedback system as a means through which users can share their comments, experience, feedback and opinions of other users, products and services publicly, and A1Pigeons does not monitor, contribute to, influence, or censor these opinions. A1Pigeons does not generally investigate any user content posted by users for accuracy or reliability and does not guarantee that any user content is accurate. You also understand and agree that you are solely responsible for your user content, including the accuracy of any user content, and are solely responsible for any legal action that may be instituted by other users or third parties as a result of or in connection with your user content.

    A1Pigeons is not legally responsible for any feedback or comments posted or made available on the Site by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect users from abuse, A1Pigeons reserves the right (but is under no obligation) to remove posted user content, feedback or information that, in A1Pigeons’s sole judgment, violates its terms or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of A1Pigeons.

    You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about A1Pigeons or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including, without limitation, to develop, copy, publish, or improve the A1Pigeons Services by using the Feedback at A1Pigeons’s sole discretion. You understand that A1Pigeons may treat Feedback as non-confidential.

    1. Violations and reporting violations

    Users of the Service may receive a warning to their account for violations of any of these terms or for any user misconduct reported to us. A warning may be sent to the email address attached to the user’s account. Warnings do not limit account activity but can lead to the user’s account being suspended or becoming permanently disabled based on the severity of the violation.

    If you come across any content that may be in violation of these Terms, you should report it to us immediately so that we can take appropriate actions. All cases are reviewed by our team. To protect individual privacy, the results of the review may not be shared and you understand that except as required by law, you understand and accept that we are not obligated to take action in response to any report. You can review our Privacy Policy for more information on our disclosure practices.

    1. Third-party website links and intellectual property

    Some links on the Site may allow you to leave the Site. The linked sites are not in any way under the control of A1Pigeons, and we are not responsible for the contents of any of such linked sites or any link contained in a linked site or any changes or updates to such sites.

    A1Pigeons is not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.

    You understand that any content or information made available or expressed by a third party on the A1Pigeons platform is that of the respective owner(s) and not A1Pigeons’s. A1Pigeons neither approves nor is responsible for the accuracy, currency or reliability of any content, opinion, information, advice or statement made on the Site by anyone.

    1. Release

    In addition to the recognition that A1Pigeons is not a party to any contract between Users, you hereby release A1Pigeons, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exists as of the time you enter into this agreement.

    This release includes, for example, and without limitation, any disputes regarding the performance, functions, and quality of the Services provided by a user and requests for refunds based upon disputes.

    1. Warranty disclaimer

    The contents on this platform have been compiled by us from internal and external sources. While we have made attempts to provide accurate and valid information on our site, no representation is made or warranty given as to the validity, completeness, or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the site before you take any action upon it. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly made herein.

    Our site and the site services are provided “as available” and on an “as-is” basis. To the fullest extent permissible by applicable law, we disclaim 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 this site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to its services, and the operation of our site may be interfered with by numerous factors outside of our control. Your use of the Services that we offer is at your sole risk.

    1. Limitation of liability

    To the extent permitted by law, we assume no responsibility, and in no event and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise shall A1Pigeons or any of its employees, directors, officers, agents, vendors or suppliers be liable to you or any other person for any loss, claim, damage, lost profits or any special, incidental, indirect or consequential damages of any kind arising out of or in connection with your access to, or inability to access, the sites, or from your reliance on any information provided on the sites, even if we have been advised of the possibility of such damages.

    The A1Pigeons platform is only a venue for connecting users. We are not responsible for assessing the suitability, legality or ability of any user and you expressly waive and release A1Pigeons from any and all liability, claims or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way related to any user. We expressly disclaim any liability that may arise between you and any user. The quality of the item or services received through the use of the A1Pigeons platform is entirely the responsibility of the user who makes such item available and who ultimately provides such services to you. You understand, therefore, that by using the A1Pigeons platform, you may be exposed to services that are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that you use the A1Pigeons platform at your own risk. Nothing in this agreement or the A1Pigeons platform constitutes or is meant to constitute, advice of any kind.

    You acknowledge that the total liability of A1Pigeons for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount of commission paid by you to A1Pigeons in the 6 months preceding the event that gave rise to the claim. This limitation of liability does not exclude and will not limit A1Pigeons or management’s liability for gross negligence or willful misconduct.

    1. Report damages claim in time. You understand that you have to report any damages to us in writing as soon as possible after the first appearance of such damages. Each claim for compensation against A1Pigeons expires twelve (12) months after the first appearance of the damages.

    Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

    1. Indemnification

    You hereby agree to indemnify, defend, and hold harmless A1Pigeons, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly:

    • your use or misuse of or inability to use the A1Pigeons Platform, and/or the Services,
    • your violation of this Agreement,
    • your violation of any applicable law or regulation;
    • your violation of the rights of another, and
    • your information and content that you submit or transmit through the A1Pigeons Platform.

    A1Pigeons reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of A1Pigeons.

    1. Agreement term and termination

    Unless both you and A1Pigeons expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein.

    • Termination by A1Pigeons: We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account. Without limiting A1Pigeons’ other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or A1Pigeons or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register under a new Account without A1Pigeons’s prior written consent.
    • Termination by You: You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement.
    1. Governing Law

    These Terms and your use of the service are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

    1. Dispute resolution; arbitration

    Dispute with other users of A1Pigeons

    In the event that you find yourself in dispute with other users of the A1Pigeons Services or a third party, we advise you to contact such party and try to amicably resolve the dispute. You further release A1Pigeons, or any of its employees, directors, officers, agents, vendors or suppliers from any claims, damages, and demands that may arise out of disputes with other parties or users of the A1Pigeons Services.

    Dispute with A1Pigeons

    • Informal negotiations

    To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you as a user of the A1Pigeons Services agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other.

    • Agreement to Arbitrate

    You and A1Pigeons agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration in the event where informal negotiation did not work. In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered subject to the rules of the American Arbitration Association, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.

    In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.

    The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

    1. Survival

    After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance, after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you or A1Pigeons from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

    1. General provisions
    • Severability

    If any provision of these Terms is determined by a court to be unlawful, unenforceable, or invalid as a whole, the parties agree that the court shall amend that provision to achieve as nearly as possible the same effect as the original provision and the remainder of these Terms will remain in effect.

    • Waiver

    No delay or omission by A1Pigeons to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

    • Assignability

    A user may not assign these Terms, or any of its rights or obligations hereunder, without A1Pigeons’ prior written consent in the form of a written instrument signed by a duly authorized representative of A1Pigeons. We may freely assign this Agreement and the other Terms without the User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties

    • Integrated Agreement

    This Agreement, including all references and policies referenced herein, constitutes the complete integrated agreement between the Parties concerning the subject matter hereof. All prior and contemporaneous agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter of this Agreement are superseded in their entirety.

    • Website crash, outages, or downtime

    A1Pigeons does not warrant that the Site will be uninterrupted or available at all times and as such, unscheduled and scheduled interruptions may occur. From time to time, interruptions, delays, crashes, outages, errors or other hindrances in providing the Services may occur due to a variety of factors, of which some may be outside of A1Pigeons’ control, and some which may require or result in scheduled maintenance or unscheduled downtime of the site or the Services in general (collectively, “Downtime”).

     

    In the event of scheduled maintenance or downtime, users may be notified and we shall endeavor to complete such scheduled maintenance as quickly as we can. However, in the event of an unscheduled downtime such as a crash, we shall endeavor to reasonably resolve such a problem and restore the service as quickly as we can. During these unscheduled or scheduled downtimes, users may be unable to transmit or receive data through the site. You understand and acknowledge that part or all of the Platform or Services may be unavailable during any such period of downtime, and you acknowledge that A1Pigeons will not be liable or responsible to you for any inconvenience or losses in any way to you as a result of such downtime.

    • Force Majeure

    The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

    • Conflicts

    The provisions of these Terms supersede and prevail over any conflicting provision (if any) set forth in the Seller Terms or the Buyer Terms.

    • Entire Agreement

    These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the platform and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written

    • Heading

    The section headings herein this Agreement are included for ease of reference and convenience only and shall not be given any legal import nor shall it have any binding effect.

    1. Questions or complaints?

    Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at customercare@a1pigeons.com.