Welcome to duPontREGISTY.comtm's website (the "Site").
To access this Site to buy or sell goods (collectively the "Services")
you must first accept all of the terms and conditions of this
Participation Agreement
without exception. BY REGISTERING FOR AND USING THE SERVICES OF THIS SITE, INCLUDING BUT NOT LIMITED TO ADVERTISING GOODS OR SERVICES FOR SALE THROUGH THE DEALER PROGRAM,YOU AGREE TO BE
BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT AND ALL POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE.
duPontREGISTRY.comtm, Inc. (hereinafter "duPontREGISTRY.comtm") may amend this Participation Agreement
and any policies or guidelines governing the Site, at any time, in its sole and absolute discretion.
Any such change will be effective at the time the decision to make the change is reached, which may
occur prior to posting the change on the Site. Because changes to policies and guidelines may be posted
without notice, you should frequently review the Site to keep informed of all changes. YOUR CONTINUED
USE OF THIS SITE AND THE SERVICES FOLLOWING duPontREGISTRY.comtm’S POSTING OF ANY CHANGES WILL CONSTITUTE
YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION
AGREEMENT, DO NOT CONTINUE TO USE THIS SITE.
1.Eligibility.
1.1Use of the Services of this Site is restricted to individuals who can enter into legally enforceable
agreements under applicable law. Please do not use this Site if you are a minor or are otherwise
incapable of entering into a legally binding agreement.
1.2 You must register to sell on this Site. To register, you must provide your real name, address,
phone number and email address.
2. Fee Policy.
2.1By listing an item on the Site, you authorize duPontREGISTRY.com™ to charge your credit card
for amounts due. All fees are in U.S. Dollars unless stated otherwise. The Fee Policy may change at
any time. The Fee Policy in effect on the date of listing the item shall govern the transaction. We
recommend that you check the Fee Policy prior to each time you participate in the Services.
3. duPontREGISTRY.com™’s Role.
3.1 YOU ACKNOWLEDGE THAT USE OF THE SITE AND SERVICES IS AT YOUROWN RISK. duPontREGISTRY.com™
simply provides a venue for Sellers and Buyers. duPontREGISTRY.com™ is not involved in the actual
transactions between Sellers and Buyers, and is not the agent of, and has no authority for either for
any purpose. duPontREGISTRY.com™ has no control over the quality, safety, legality, or description of
the items advertised or sold and does not know whether any listing is accurate, complete, misleading or
deceptive. Further, duPontREGISTRY.com™ has no control over the ability of the sellers to actually
sell the items listed, or the ability of the buyers to actually buy the items and does not guarantee
to any buyer or seller that he or she will receive payment for the item. Both Buyers and Sellers
acknowledge that duPontREGISTRY.com™ is under no obligation to assure the performance of any obligation
of Buyers or Sellers under this Participation Agreement or applicable law. You should always use
caution in entering into any agreement with another participant. You may wish to use a third party
escrow agent to protect you in transactions.
3.2 duPontREGISTRY.com™, Inc. itself may participate on the site. duPontREGISTRY.com™ will be
treated as any other Seller participating in the Services of this Site. As a Seller,
duPontREGISTRY.com™ will abide by the same procedures and guidelines required of all Sellers,
notwithstanding any other terms and conditions of this Participation Agreement.
3.3 In addition, employees of duPontREGISTRY.com™ are permitted to participate in their
personal capacity (i.e., not as duPontREGISTRY.com™ employees, representatives or agents) in the
transactions conducted through this Site.
4. Illegal/Prohibited Activities:
4.1 You are restricted to use of the Site and Services in a lawful manner for lawful purposes only.
You agree to comply with all applicable laws, statutes and regulations regarding use of the Services
including listing, purchasing, and soliciting offers to purchase.
4.2 You agree not to engage in any of the following prohibited activities:
A. You shall not register under a false name or use an invalid or unauthorized credit card.
B. You shall not represent yourself under a false name, or impersonate any participant, duPontREGISTRY.com™
employee, officer, or any other person.
C. You shall not use another participant's password(s).
D. You shall not list, post, or transmit any item, link or material that infringes a third-party such as
contractual rights, copyright, trademark, patent, trade secret or other proprietary rights
(including rights to publicity or privacy)
E. You shall not list, post, or transmit any item that is counterfeited, illegal, stolen, or fraudulent.
F. You shall not list, post, or transmit any information that in any way violates any privacy related right
belonging to any person, business, or other entity under the common law or codified laws or
regulations of the United States or another country or under international law.
4.3 You shall not list, post, or transmit any information that reasonably could be construed as false
and/or defamatory with respect to any person, business, governmental or other entity product or
service.
4.4 You shall not list or post any links to commercial or private web sites for the purpose of
advertising non-duPontREGISTRY.com™ services.
4.5 You shall not list, post, or transmit any information that reasonably could be construed
as constituting evidence of, or an element of, collusion, monopolization, predatory conduct or pricing,
a refusal to deal, below-cost sales, price squeezing or any other violations of any Federal, state, or
international law prohibiting antitrust or anti-competitive activities or unfair trade practices.
A. You shall not manipulate the price of any item.
B. You shall not list, post, or transmit any unsolicited advertising or promotional
materials or other forms of solicitation.
C. You shall not use the Site or Services to harass, threaten, abuse, embarrass or cause
distress, unwanted attention or discomfort to any other person or entity by any means including the
use of vulgar, hateful, abusive, threatening or otherwise objectionable language or information.
D. You shall not disrupt, in any manner, the normal flow of the Site or Services,
or otherwise act in any manner that interferes with other participants’ use of the Site or Services.
E.You shall not list, post, or transmit any information that contains any viruses,
Trojan horses, worms, time bombs, cancel bots or other computer programs or files that are designed
to damage, interrupt or surreptitiously intercept any system, data, or personal information.
F. You shall not compile the personal data of any other participant except to the extent necessary
to complete a transaction.
5. duPontREGISTRY.com™ Rights.
5.1 duPontREGISTRY.com™ retains all rights permitted by law or otherwise including, without
limitation, the right to immediately halt any listing or deny, restrict or terminate your access to the
Site or Services in its sole and absolute discretion (with or without cause or reason) including,
without limitation, if you engage in any of the illegal or prohibited activities enumerated in paragraph
4. duPontREGISTRY.com™ also retains the right to delete any listing or other information, in its sole
and absolute discretion (with or without cause) including, without limitation, any such listing or other
information that violates this Participation Agreement or is otherwise considered to be offensive or
unacceptable.
6. Obligations of Sellers and Buyers:
6.1 Sellers' Obligations: Sellers are obligated to comply with all applicable laws and all
provisions of this Participation Agreement.
6.2Buyers' Obligations: Buyers are obligated to comply with all applicable laws and all provisions of this
Participation Agreement.
7. International Listings.
7.1 Participants buying or selling items internationally must comply with all applicable laws
including, without limitation, all import and export laws.
7.2 Buyer is required to pay Seller in the currency Seller has specified.
8. Sales/Use Taxes.
8.1You agree that it is the responsibility of the Buyer and Seller to determine whether any
taxes (including, without limitation, sales, use, or luxury taxes) apply to the transactions and to
collect, report and remit the correct tax to the appropriate tax authority. You also agree that
duPontREGISTRY.com™ is not obligated to determine whether taxes (including, without limitation, sales,
use, or luxury taxes) apply and is not responsible to collect, remit or report any such taxes arising
from any transaction.
9. Password Security.
9.1 During the registration process you will be asked to select a password. You must use
this password to gain entry to the Site and Services. You are solely responsible for maintaining
the confidentiality of this password and for any activity taken under your password on this Site.
You acknowledge that duPontREGISTRY.com™ is not liable to you or any third party for any losses or
damages arising from your failure to comply with this paragraph.
10. Privacy:
10.1Click here for our Privacy Policy that is incorporated into this Participation Agreement by
reference. duPontREGISTRY.com™ fully intends to respect the privacy of all participants of the Site
and Services and will not randomly monitor or disclose any activity or content associated with this
Site or Services. duPontREGISTRY.com™, however, reserves the right to monitor or disclose any activity
or content associated with the Site or Services, if in our sole and absolute discretion we believe
it necessary to do so including, without limitation, to: (1) comply with applicable laws or regulations
or competent legal process; (2) protect our rights under the Participation Agreement or otherwise; or
(3) protect a person as physical safety, legal rights, or well being. In addition, duPontREGISTRY.com™
reserves the absolute right and discretion to disclose the identity of a participant to third parties
in response to a valid legal subpoena and to otherwise cooperate with legitimate police inquiries and
lawful civil proceedings.
10.2Further, unless otherwise authorized, you agree not to use any information regarding other
participants, which is accessible from the Site or disclosed to you by duPontREGISTRY.com™ except
as necessary to complete the transaction. You agree not to use any such information for purposes of
solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise
objectionable conduct.
11.Exclusion of Warranties.
11.1THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS,""AS AVAILABLE" BASIS. EXCEPT TO THE EXTENT
THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, duPontREGISTRY.com™ MAKES NO WARRANTIES OF ANY
KIND WHETHER 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 ERROR FREE;
THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE ACCURATELY REPRESENTED BY
SELLERS, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS 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
duPontREGISTRY.com™
11.2duPontREGISTRY.com™ IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER
PARTICIPANT DEALINGS. IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU UNCONDITIONALLY
RELEASES duPontREGISTRY.com™ (AND ITS AGENTS, EMPLOYEES, AND AFFILIATED COMPANIES, IF ANY) FROM ALL
CLAIMS, DEMANDS, AND DAMAGES (INCLUDING BOTH 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.
11.3IN NO EVENT SHALL duPontREGISTRY.com™ BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR
INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES OR THIS PARTICIPATION
AGREEMENT, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.
11.4duPontREGISTRY.com™ MAY, AT ANY TIME, MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR SERVICES
WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT duPontREGISTRY.com™ SHALL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOSSESOR DAMAGES SUSTAINED AS A RESULT OF ANY MODIFICATION, SUSPENSION OR
TERMINATION OF THE SITE OR SERVICES.
12.Restrictions on the Limitation of Damages.
12.1IF YOU ARE IN A JURISDICTION THAT PROHIBITS THE LIMITATION OF LIABILITY FOR INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES, THE PROVISIONS IN PARAGRAPHS 11.1, 11.2 and 11.3 MAY NOT APPLY
TO YOU.
13.Indemnification.
13.1You agree to defend, indemnify and hold harmless duPontREGISTRY.com™, its subsidiaries,
affiliates, officers, directors, and employees and their respective successors and assigns from all
losses, costs, liabilities, damages, claims, and expenses of every kind and description including
reasonable attorneys fees made by any third party due to or arising out of your breach of this agreement,
the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14.Copyright/Trademarks and other Proprietary Information.
14.1Unless otherwise authorized by duPontREGISTRY.com™, this Site may not be reproduced,
duplicated, copied, sold, resold or otherwise exploited for commercial purpose.
14.2All the content included on this site, such as, text, graphics, logos, buttons, icons,
images, audio clips, and the compilation of such content is the exclusive property of duPontREGISTRY.com™
and is protected by U.S. and international copyright laws. duPontREGISTRY.com™ or its software suppliers
own all the software used on this site. This software is protected by U.S. and international copyright
laws. Any unauthorized use of this content or software including the reproduction, modification,
distribution, transmission, republication, display, or performance of the content of this site is
prohibited.
14.3duPontREGISTRY.com™ holds a license to use the trademarks "duPont REGISTRY," "duPont
Registry.Com" and" duPontREGISTRY.com™" in connection with certain services. Unauthorized use of
these trademarks in any manner likely to cause consumer confusion or dilution of these marks is
prohibited.
14.4
duPontREGISTRY.com™ respects the intellectual property rights of others. If you believe that your work
has been copied in a way that constitutes copyright infringement, please provide duPontREGISTRY.com™ as
agent (for purposes of receiving notice only) the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyrighted interest
A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is located on the site
Your address, telephone number, and e-mail address
A statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or are authorized to act on the behalf of the copyright
owner.
duPontREGISTRY.com™ as agent for notice of claims of copyright infringement on this Site is J. Douglas
Baldridge, who can be reached as follows:
J. Douglas Baldridge
Venable LLC
The agent is the exclusive agent of duPontREGISTRY.com™ and is not the agent of any other person for
purposes of this Section.
14.5duPontREGISTRY.com™ does not assume any responsibility to undertake any action upon any
such notification under Section 14.4 of this Participation Agreement.
15.Licenses.
15.1By entering into this Participation Agreement and listing an item, you grant
duPontREGISTRY.com™ a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, r
ight to exercise all copyright and rights of publicity over the material displayed in your listings or
purchases in any existing or future media, known or unknown, now or at any later date.
16. Miscellaneous.
16.1Applicable Law. This Participation Agreement shall be governed by the laws of the State of
Florida. You consent to the exclusive jurisdiction of the courts of Florida for resolution of any
dispute arising out of or relating to the terms and conditions of this Participation Agreement. You
hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts
and waive any objection to such courts based on lack of personal jurisdiction, subject matter
jurisdiction or venue. duPontREGISTRY.com™ reserves the sole and exclusive right to enforce this
provision, and nothing herein shall prohibit duPontREGISTRY.com™ from selecting a jurisdiction or
venue in any other State or Commonwealth.
16.2Termination. duPontREGISTRY.com™, in its sole and absolute discretion, may terminate this Participation Agreement,
access to the Site or the Services, or any current listing immediately without notice for any reason.
16.3Entire Agreement. This Participation Agreement constitutes the entire agreement between the
parties concerning the subject matter hereof, supersedes, and cancels all prior and contemporaneous
agreements, claims, representations and understandings of the parties in connection with the subject
matter hereof.
16.4Severability. Any provision (or portion of a provision) of this Participation Agreement
determined to be invalid by a court of competent jurisdiction shall be severed and shall not affect
the validity and enforceability of any remaining provisions.
16.5No Waiver. duPontREGISTRY.com™ failure to enforce the strict performance of any provision of
this Participation Agreement will not constitute a waiver of duPontREGISTRY.com™ right to subsequently
enforce such provision or any other provisions of this Participation Agreement.