- PLEASE READ CAREFULLY -
1. Introduction. E=MC²Company Inc. and its affiliates
(individually or collectively the "Company") has created this commercial transaction
policy ("Commercial Policy") in order to regulate commercial
transactions between Members, and between Members and the Company as described in the E=MC²
Terms of Service ("Agreement"), which is an integral and
indivisible part of this Commercial Policy. Questions regarding this policy
should be directed to:
We provide a safe, secure, and fun environment (venue) to allow anyone to do business with one another, through a worldwide multilingual
network of friends, shop blogs, and the E=MC² Green Community Platform. We have designated business sections of the E=MC² Green Community Platform for people to conduct
commercial endeavors.
The E=MC² Green Community Platform includes but not limited to the following
brands, websites, products and services as described further
below. The E=MC² Green Community Platform will empower millions of members and organizations worldwide to change the world for the better. This includes the following inter-connected collaborative systems, which can be accessed by one User ID:
- green social network: the E=MC² Creative Friends Network is a green social network ("it is modeled after MYSPACE and FACEBOOK") , where people can make friends with other green revolutionaries ("includes blogs, forums, wikis, start-a-business, search engines, classified, personals, photos, jobs,art, music, movies, videos and more"); at our online social network, our goal is to help
our members reach their full potential.
- social stock exchange: the Green Stock Exchange is North America's first social stock exchange. The eBAY.COM AUCTION STYLED online bulletin board for trading securities empowers social businesses, which are more
earth friendly and humanity friendly. The exchange makes it easier for people to invest in green companies ("it is modeled after AIM London Stock Exchange and NASDAQ "). Since all the listed companies on the exchange are pre-screened, evaluated, and audited according to social and sustainable guidelines set by the exchange, it will make it much easier for green investors to find and support social businesses. The GREENSX provides opportunities for small green Issuers to access public equity capital efficiently, while providing early stage investors, angel investors, and venture capitalists with greater liquidity.
- green ad network: AdCharity is an ad auction and ad delivery network ("it is modeled after GOOGLE'S ADSENSE"), that allows marketers to reach people interested in green living. Products that can be advertised includes: hybrid and electric cars, organic and natural food, organic and natural personal care products, yoga, tai chi, massage centers, spas and fitness products, green and sustainable building, eco-tours, hiking and wilderness trips, energy efficient electronics/appliances, socially responsible investing, natural household products (paper goods and cleaning products), natural and preventive medicine (naturopathic, Chinese medicine, etc.), fair-trade fashion, and eco-publications;
- green magazine: LOHAS Magazine is an online open source catalogue and magazine created by blog journalists and citizen reporters, for LOHAS (Lifestyles of Health and Sustainability). Citizen journalists, movie-makers and photographers bring the stories and images.
Subject include: climate change, news, health, the environment, social issues, conservation, green products reviews, videos, global warming, cooking, gossip, advice and whatever suits your taste. It is a magazine create by the people, for the people.
- green charity: Green Charity is
"Charity Without Boundaries".
The Green Charity program is a non-profit social network that puts you in touch with thousands of non-profit organizations, volunteers, donors, and recipients from all over the world. It makes it easier for people to find and donate to charities.
Most of our major brands, websites, products
and services can be found at: http://www.emc2.com, http://products.emc2.com and http://www.emc2.com/info/websites.php (individually or collectively "Services" or "Websites").
You agree not to use your the E=MC² Green Community Platform for any commercial use, except in
the designated Business Section of the E=MC² Green Community Platform, in which the section is
indicated by a E=MC² Business Logo at the bottom of the web page ("Business
Section").
2. The E=MC² Venue. We provide through our venue a variety of tools to
allow people to make it easier to do business together around the world,
including secure payment processing, order forms, receipt and invoice
generation, reward system, stock trading, business blogs, private and public classified ads,
private and public auctions, the E=MC² Business Pages, language tools, live
translation through language interpreters, coupon system, dealer specials, business
matching system, business search engines, secure chat, secure email, specialty
classified ads (such as, car listings, real estate listings, collectibles, art),
and much more ("Business Service").
3. Transactions with Organizations or Individuals. Since we are only a
venue, the Company shall not be liable for your interactions with any Members and/or organizations and/or individuals found on or through the E=MC² Green Community Platform. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings or that a buyer or seller will actually complete a transaction. These dealings are solely between you and such Members and/or organizations and/or individuals. Consequently, we do not transfer legal ownership of items from the seller
("Seller") to the buyer ("Buyer"). You agree that the Company is not responsible for any damage or loss incurred as a result of any such dealings. The Company is under no obligation to become involved in disputes between Members, or between participants on the site and any third party. In the event of a dispute, you release the Company, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and Service.
4. Listing Description. You must be legally able to sell the item (s)
or service you list for sale on the Business Section. You must describe your item
or service and all terms of sale on the listing page of the Business Section. Your listings may only include text descriptions, graphics,
your profile, your picture (optional), pictures of the item/service and other content relevant to the sale of that
item or service. All listed items or service must be listed in an appropriate category. All items in multiple item listings must be identical.
5. Fixed Pricing or Auctioned Items. We offer the possibility of listing both fixed-priced items in the classified
ads, as well as variable priced items in the auction ads. You cannot place ads
for the same item as both a classified ad, at the same time as a auction ad. In
the event you place ads for the same item, simultaneously as both a classified
ad, at the same time as a auction ad, you agree to pay to the Company a penalty
of $ 250.00, in addition at the Company's discretion you may be banned from
pursuing any commercial endeavors from the E=MC² Green Community Platform, and/or you may be banned from
using the E=MC² Green Community Platform.
6. For Auctioned Items. If you are a Seller and you have placed a
listing as an auction item, and you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the
Seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the
Buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the
Buyer's identity.
7. For Fixed-Priced Items. If you are a Seller and you have placed a
listing as an fixed-priced item, and you receive at least one offer at the price
you are asking for, you are obligated as the Seller to complete the transaction with the
Buyer, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the
Buyer's identity.
8. Green Stock Exchange (GREENSX). Members can buy and
sell securities from the Green
Stock Green Stock Exchange (GREENSX) via their Account, including securities from
the E=M² Company, under the stock symbol EMC2.
You agree that you have fully read the offering of securities, investigated the company issuing the shares, and fully read and understand that there are risks involved in the investment in securities.
Your participation in Commercial Transactions on the Green
Stock Green Stock Exchange (GREENSX) is governed by the Commercial Transaction Policy, which is an integral part
of this Agreement. Furthermore, you understand that purchasing and selling securities may require
your acceptance of certain agreements by the issuing company,
such as subscription agreements, shareholder agreements and
its policies. The Green Stock Exchange does not act as a stock broker-dealer, nor is a licensed broker-dealer. We also do not give advice on the merits of a trade or promote the shares traded or negotiate prices for the shares traded. Furthermore, investors are warned of the risk of liquidity since the shares on the Green Stock Exchange are not traded on any well known registered securities exchange or through NASDAQ; there is no guarantee that investors will be able to sell the issuer ’s shares at the price paid or at any particular indication of interest.This not an offer of shares in any jurisdiction where it has not been qualified. No sale of shares may be made in any state unless pursuant to qualifications or an exemption from qualification.
9. Escrow Service. The ensure the integrity between Buyer and Seller,
the Company provides an escrow service ("Escrow Account"). Upon the
completion of a transaction, the Buyer deposits the money in a Escrow Account.
The money is held in the Company's Escrow Account during the transit of the
product/service. When the product/service is delivered to the Buyer, the money
is released from the Escrow account to the Seller. There is a 10% surcharge,
with a minimum surcharge of thirty dollars (US $30.00) from the Company for the
Escrow Service, which is deducted off the final selling price of the
item/service. In the event there is a dispute between the Buyer and the Seller,
the disputing party must take legal action through our Dispute
Policy, within twenty (20) days ("Dispute Date") commencing from
the date the Buyer deposited the money into the Escrow Account, otherwise the
money in the Escrow Account will be released from to the appropriate party,
after the Dispute Date.
10. Insurance. The ensure the integrity between Buyer and Seller, the
Company provides through a insurance company, delivery insurance. At the time of
payment, the Buyer can select to purchase delivery insurance, to protect against
non-delivery of a product/service.
11. Identity Verification. The ensure the integrity between Buyer and Seller,
we have implemented a identity verification system. There are two levels of
verification Basic Verification, and Full Verification. The Basic Verification
is done through a credit card, and a credit bureau. The Full Verification is
done through a credit card, a credit bureau, and a chartered bank. Verified
Members when posting an ad, the listing system will automatically generate a
Basic Verified Member logo or a Full Verified Member logo alongside your
classified ads or auctioned ads. Non-Verified members will receive a
Non-Verified Member logo next to their classified ads or auctioned ads. We
suggest you become a Full Verified Member in order to get the best selling price
for your product/service. You may not take any actions that may undermine the integrity of the
Identity Verification System, nor to use any of the Basic Verified Member logo
or Full Verified Member logo anywhere on your the E=MC² Green Community Platform, except as provided herein.
12. Rating System. To ensure the integrity between Buyer and Seller,
we have implemented a feedback rating system. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids,
offers, the price per item, and listings you may place on the E=MC² Green Community Platform based upon the level of your feedback. If you earn a net feedback rating of
zero (0) or a negative value, your Account, Name and the Services on the E=MC² Green Community Platform may be suspended, and you may be unable to list,
sell, offer, buy or bid.
13. Conditions of the Buyer. If you are a Buyer, in the event you want to purchase an item/service, by bidding or making an offer for an item on you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless
you and the Seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the
Seller, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). Bids and offers are not retractable except in exceptional circumstances, such as: when the
Seller materially changes the item's description after you bid or make an offer; a clear typographical error is made; you cannot authenticate the
Seller's identity; or when the Seller does not confirm your purchase. If you choose to bid or make an offer on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such
items.
14 Fraud. Without limiting any other remedies, the Company may suspend or terminate your
Account, Name or Services on the E=MC² Green Community Platform if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the E=MC² Green Community Platform or have been convicted of fraud or have been convicted of any other illegal activity or for any reason whatsoever as solely determined by the Company.
15. The E=MC² Intellectual Property Protection Program. The E=MC²
Intellectual Property Protection Program ("IPP"), works to ensure that listed items/services do not infringe upon the copyright, trademark,
patents or other rights of third parties. IPP program participants and other rights owners can report listings offering infringing items, and request that such items be removed.
The IPP program participants and other rights owners may have limited access to some of your personal information as described in the Privacy Policy.
16. Manipulation. Neither you, bidders nor Sellers may manipulate the price of any item/service/security nor may you interfere with other user's listings or transactions, including manipulating securities on the Green Stock Exchange (GREENSX). In the event you manipulate the price of any item/service/security in any manner whatsoever, you agree to immediately pay the Company the maximum damages calculated solely by the Company, including but not limited to attorney fees, legal costs, damages to the securities, damages to the Company's reputation and any other loss.
17. Restricted Activities. In addition to the Agreement,
including paragraph 20 Solicitation Prohibited, and 21 Acceptable Use, your
Content (or any items/services listed) and your activities on the E=MC² Green Community Platform shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items or
non-existent goods/services or items not in your physical possession;
(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, those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising);
(e) create liability for us or cause us to lose (in whole or in part) the services of
any of our suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(I) are prohibited under the Agreement or Commercial Policy; or
(II) are identical to other items you have up for auction or listed in the
classified, but are priced lower than your item's reserve or minimum bid amount;
or
(III) are concurrently listed for sale on a web site other than the E=MC² Green Community Platform (this does not prevent linking to or advertising the item from another website); or
(IV) You may not list any item on the E=MC² Green Community Platform (or consummate any transaction that was initiated using our service) that, by not paying to us
any fees, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current
prohibited, questionable and Infringing Items.
18. Further Indemnification of the Company. Further to the Agreement,
you agree to indemnify, defend and hold harmless Company, our associates or
others, our affiliates, and our directors, officers, employees, and our agents
from and against any and all claims of any nature whatsoever (including, but not
limited to contractual and extra-contractual, actual and consequential, direct
and indirect, punitive), damages, liabilities, costs, and expenses (including
reasonable legal fees and expenses) arising out of, or related to, your
registration or use of any of the E=MC² Green Community Platform Services or from your interactions with other
Members, for the Escrow Account and for any commercial transactions that
you conduct on the E=MC² Green Community Platform. You agree to defend, indemnify and hold harmless
Company, our contractors, agents, employees, officers, directors, shareholders,
affiliates, and assigns for any, and all loss, liabilities, claims, expenses,
damages or costs, including reasonable attorneys' fees, resulting from any third
party claim, action, or demand related to the registration or arising from this
Agreement or use of the E=MC² Green Community Platform registered by you or information posted on our
Websites or from your interactions with other Members, for the Escrow Account
and for any commercial transactions that you conduct on the E=MC² Green Community Platform. 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."
19. Non-Export of Feedback Rating Number. You acknowledge that your feedback consists of comments left by other users and a
feedback rating number compiled by the Company, and that the feedback rating number
without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between
Members, you agree that you shall not market or export your Company feedback rating in any venue other than an
on the Company operated Websites.
INFORMATION FOR CALIFORNIA RESIDENTS:
Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information:
Pricing Information. Current rates for using Company's Services may be obtained by going to the pricing schedule on our Websites. Company reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time.
Complaints. The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
BY CLICKING THE "I ACCEPT" BUTTON OR BY COMPLETING THE REGISTRATION PROCESS OR BY USING COMPANY'S SERVICE OR PORTAL OR BY ESTABLISHING AN ACCOUNT WITH US, YOU ARE STATING, CONSENTING, AND WARRANTING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE TERMS OF SERVICE AGREEMENT, THE COMMERCIAL TRANSACTION POLICY, THE PRIVACY STATEMENT, THE DISPUTE POLICY AND ANY RULES OR POLICIES THAT ARE OR MAY BE PUBLISHED BY COMPANY FROM TIME TO TIME.
This is E=MC² Commercial Transaction Policy Version Number 5.0.
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