SHIVAI User Agreement

Last Updated: November 30, 2005

Welcome to SHIVAI.COM GLOBAL MALL AND AUCTION (the "Site"). Any person who wishes to access the Site to buy or bid for goods or to use the other services provided on the Site (collectively, the "Services") must accept the terms and conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. All policies, agreements and statements of SHIVAI.COM may be amended at any time. Please refer to this page to be aware of the most current agreement.

1. Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to SHIVAI that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and E-mail address, along with other information that may be required from time to time.

2. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for conducting and participating in transactions on the Site, which are contained in the Help pages and are incorporated by reference into, and made part of, this Agreement. The policies, procedures and guidelines contained in the Help pages explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by SHIVAI in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to the Help pages to understand the current procedures and guidelines related to the Site.

3. SHIVAI's Role and Responsibilities. SHIVAI.COM features two types of marketplaces, via the SHIVAI GLOBAL MALL platform and via SHIVAI AUCTION. SHIVAI's role and responsibilities vary in each such marketplace. Our site acts as the secure online venue for Merchants, Buyers, Manufacturers, Bidders and Sellers to conduct display various products, and services via our SHIVAI GLOBAL MALL or SHIVAI AUCTION. Those not familiar with auctions, should have some preliminary understanding of auctions and know that to enter into a bid, you should be of the age of majority, at 18 years old. SHIVAI does not control the actual auction or bidding process between sellers and buyers. Therefore, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on. However entering into frivolous bidding or toying with bidding may be cause of cancellation, restriction or termination of membership services and privileges and may lead to legal or arbitration action by a merchant. During any transaction there are always risks when dealing with Foreign nationals, minors, and those perpetrating frauds, SHIVAI.COM takes any complaints seriously. Parties whose online listings may violate any applicable laws or who register with SHIVAI.COM using fraudulent information to become a merchant, seller, buyer or bidder may be subject to termination of services, auction or permission to list any products. Additionally parties who choose to use our website for fraudulent purposes, which may result in financial, or other forms of damage to any of our merchants, users, members, and others may be subject to reporting to any and all Federal, State, Local, International Enforcement agencies;

* SHIVAI GLOBAL MALL and SHIVAI AUCTION both function as a lessor of online space for the duration of any sale, auction or listing of products or services. All Global merchants may use SHIVAI.COM as an online venue for global access to other merchants and buyers to display their items, products and various goods. SHIVAI undertakes to mediate the sale, however the seller and buyer alone will arrange the processes of shipment and finalization of purchases. Our service functions as a listing service enhancing the global presence of various merchants, manufacturers, service industries and smaller business concerns. The establishment of prices will be done via the merchant alone as will be the shipping. Services types are not restricted but must assure that listing of a service is not in violation of any Federal, State, Local, International and Military statutes, acts, rules and regulations.

* SHIVAI’s LIVE GLOBAL AUCTION. This service may work in conjunction or independently of the SHIVAI GLOBAL MALL. The merchants and buyers will determine the prices via a live bidding process. Each vendor may determine the length of the auction and placement of a reserve price.

*SHIVAI does not get involved in user-to-user dealings, in the event that a dispute should arise with one or more merchants, vendors, or sellers, you SHALL RELEASE SHIVAI.COM (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

*We do not encourage any offensive, illegal, dangerous, or hazardous products or items to be listed on our website. Please refer to our policy regarding possible reporting to enforcement agencies when a listing is discovered to be in violation of a State, Federal, International, Military or other jurisdictional rules, laws, codes, acts or regulations.

* Listing and Selling. Listings are text descriptions, graphics and pictures on SHIVAI.COM's web site supplied by you of either (a) the Text, Graphics and picture(s) describing an auctioned item(s) (single, batch, bulk, or wholesale lot or other quantities) or (b) Text, Graphics and picture(s) describing the item(s) (single, batch, bulk, or wholesale lot or other quantities) you are listing for direct sale. You may post on SHIVAI.COM's Site’s GLOBAL MALL OR AUCTION, provided that you place such listings in their appropriate category, as SHIVAI may require.

As an auction or “BUY NOW” type merchant, if you receive one or more bids at or above your stated minimum, reserve price, or “BUY NOW” price, then you are obligated to complete the transaction. You may not E-mail bidders in a currently open auction being run by a different seller, offering similar or the same item at price levels below the current bid (bid siphoning), nor may you use an alias to place bids to make your auction a hot auction.

4. SHIVAI.COM Payments. SHIVAI currently accepts credit card/debit card payments for orders in the SHIVAI GLOBAL MALL. Payments may vary for the SHIVAI AUCTION. Various other payment formats may exist depending on the merchant. SHIVAI honors Visa, MasterCard, Discover and American Express. You warrant that any payment method selected by you when placing a bid shall enable you to make full and immediate payment for the item(s) chosen.

In the cased of live auctions, in the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, SHIVAI may in it sole and absolute discretion cancel your bid. In such case, SHIVAI may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At SHIVAI's sole discretion, but without any obligation, alternate payment methods may be arranged with the product purchaser(s) in the case where a payment method has been declined.

5. SHIVAI Reservation of Rights. SHIVAI retains the right, but does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of SHIVAI, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site. Our Site acts as the venue for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.

6. Your Transactions and Obligations. Merchants, Direct Buyers and Bidders and buyers create different obligations by accessing the Site and using the Services.

* In the SHIVAI GLOBAL MALL, the seller must sell the product once payment has been made. Similar to any purchase online or otherwise. Similarly, if a Shivai Listed Merchant offers to sell an item by means of the BUY NOW feature, the seller must sell the item to any buyer who elects to purchase the item through the BUY NOW offer. For bidders, a bid or BUY NOW election is a legal offer to buy the product. Once the transaction closes, both the buyer and seller are obligated to complete the transaction. On the SHIVAI GLOBAL MALL, any agreements and return policies, credits, exchanges, warrantees, return of damaged goods, shipping charges and stocking fees are to be determined by the SHIVA LISTED MERCHANT working through the SHIVAI GLOBAL MALL or SHIVAI AUCTION Shopping Portals.

* Each transaction in the SHIVAI ONLINE AUCTION will indicate whether a reserve price has been established. If you are the highest bidder (meeting the applicable minimum bid or reserve requirements) or if you elect to purchase the item through a BUY NOW offer, your bid or BUY NOW election, as the case may be, is a legal offer to buy the product and you are obligated to complete the transaction. Bids and BUY NOW purchases are not retractable.

* By entering into this Agreement and bidding on a product or making a BUY NOW purchase, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

* In the SHIVAI GLOBAL MALL, you agree that it is the seller's and the buyer's responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that SHIVAI is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.

7. Password Security.
Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.

8. Access and Interference.
*The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary of or is licensed to SHIVAI. You agree that you will not use any robot, spider, scraper, device, software or routine to interfere or attempt to interfere with the proper working of the SHIVAI.COM site or any auction being conducted on our site.

other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
* We do not guarantee continuous, uninterrupted operation of our site. Due to factors beyond our control access to this site and an auction or listing may be occasionally interrupted. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Product headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such a category. That is a seller or merchant may opt to list a product in any given category at his or her discretion. It behooves the buyer or bidder to examine and browse different headings when seeking a product or products. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and other postings under our Help pages or Privacy Policy pages sets forth the understanding and agreement between SHIVAI and all merchants, bidders and buyers with respect to the subject matter hereof.

9. Illegal Activity
* Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and SHIVAI will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

10. * Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on SHIVAI.COM or the bid price of any product listed on the Site, or influencing user behavior on SHIVAI.COM. Additionally all Listed Merchants, Vendors, Businesses and Sellers of all types may not engage in price manipulation of their item(s), either by using a shill (a secondary account or third party) or by bidding themselves

11. Breach. Without limiting other remedies, SHIVAI may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if SHIVAI or any Merchant is unable to verify or authenticate any information you provide to SHIVAI; or (c) if SHIVAI believes that your actions may cause legal liability for you, other SHIVAI users or SHIVAI.

*You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

*Your Information and the sale of your item(s) on SHIVAI.COM: (A) shall not infringe any third party's copyright, patent, trade secret, trademark, or other proprietary rights or rights of publicity or privacy; (B) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (C) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (D) shall not be obscene, contain child pornography or other pornographic or indecent material; (E) shall not contain any viruses, Trojan horses, worms, other disruptive software, or cancelbots or designed to interrupt our operations, lead to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (F) shall not create a weblink directly to or include descriptions of goods or services that (1) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (2) are concurrently listed for auction on a web site other than SHIVAI.COM's; or (3) you do not have a right to create weblink to or include.

*Furthermore, you may not post on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation.

* Investigation. As permitted by applicable law and consistent with our privacy policy, SHIVAI has the right, but not the obligation, to monitor any activity and content associated with this Site. However we CANNOT NOR DO WE TRY TO CONTROL THE INFORMATION PROVIDED by other users which is made available through our system. In particular, note that the pictures and graphics displayed in seller's listing do not reside on our servers, and we do not and cannot control these. By its very nature, occasionally other people's listed items, products, and services or information may be construed as offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution, common sense, and when and if possible you may initiate an inquiry to the seller or merchant prior to initiating bidding or completing a purchase order.

SHIVAI may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. SHIVAI reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

* Disclosure of Information. As permitted by applicable law, SHIVAI also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect SHIVAI's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of SHIVAI's business and systems or other purposes deemed reasonable by SHIVAI, SHIVAI may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

13. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. SHIVAI MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

* THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

* THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

* THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT LISTED MERCHANTS WILL PERFORM AS PROMISED;

* ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

* ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SHIVAI.

14. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SHIVAI DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM SHIVAI OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

15. General Release. BECAUSE SHIVAI IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND LISTED MERCHANTS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE SHIVAI (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY SHIVAI.

16. Limitation of Liability. SHIVAI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

17. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SHIVAI AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, MILITARY CODES OR REGULATIONS AND OTHER JURISDICTIONAL CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

18. Applicable Law. The laws of the State of Nevada govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

19. Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED ON EITHER THE JURISDICTION OF THE BUYER OR SELLER. SHALL BE CONDUCTED WITHIN THE GEOGRAPHICAL JURISDICTION OF THE MERCHANT, MEMBER BIDDER OR BUYERS, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. YOU SHIVAI MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN YOUR JURISDICTION (Merchant, Bidder, Buyer), IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

20. SHIVAI LISTED MERCHANTS. Because SHIVAI is not the seller in the actual transaction between SHIVAI LISTED MERCHANTS and BUYERS (may be bidders, buyers or other LISTED MERCHANTS) and is not the agent of either for any purpose, SHIVAI does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction.

21. Licenses. SHIVAI.COM grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant E-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.

22. Termination. SHIVAI, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.

23. Copyright. If you believe that you have been defamed in some manner by the SHIVAI website Web site or your own work has been copied in a way that constitutes copyright infringement, please provide SHIVAI's Copyright Agent the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the SHIVAI Web site; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf.

SHIVAI's Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is:

SHIVAI INC.
C/O SHIVAI LEGAL DEPT
P.O. Box 230610
Las Vegas, Nevada 89105-0610
USA
Tel: (206) 984-0491
E-mail: LEGAL@SHIVAI-INC.COM

24. General Provision
* Entire Agreement. This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the Help pages, Privacy Policy and other postings on our website and its all links, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

* No Agency; Third-Party Beneficiary. SHIVAI is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of SHIVAI, its Merchants and you.

* Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

* No Waiver. SHIVAI's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of SHIVAI's right to subsequently enforce such provision or any other provisions of this Agreement.

* Notices. Except as explicitly stated otherwise, any notices shall be given by E-mail to Administrator (in the case of SHIVAI.COM) or to the E-mail address you provide to SHIVAI.COM during the registration process, or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the E-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SHIVAI.COM during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

* No Agency. Entering into agreement between You and SHIVAI means that currently no contractual agreements exist to favor a product line(s), merchants, buyers, or bidders. At this point we do not offer partnerships, joint venture agreements, or franchises. But we do offer affiliate programs available via our website. This does not prevent us from changing this policy in the future to keep in line with our company policy, growth strategies and allowing more options for both merchants and buyers.

* Limit of Liability. IN NO EVENT SHALL WE, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

* No Warranty. WE AND OUR SUPPLIERS PROVIDE THE SHIVAI.COM WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

* Breach. We may terminate your membership and any of your current auctions immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.

*Disclosures. The services hereunder are offered by SHIVAI.COM

Please CLICK HERE YES to agree or NO if you DO NOT AGREE

SHIVAI INC.
C/O SHIVAI LEGAL DEPT
P.O. Box 230610
Las Vegas, Nevada 89105-0610
USA
Tel: (206) 984-0491
E-mail: LEGAL@SHIVAI-INC.COM

Copyright © SHIVAI.COM 2005-2006