PhiMart.com and its subsidiaries and affiliates , including PhiReviews.com (hereinafter jointly referred to as "PhiMart") provide the services on PhiMart websites to you subject to your express agreement to follow the terms and policies and any other terms and policies available by hyperlinks (the "Agreement"). By using PhiMart services, you are agreeing to the terms and policies of the Agreement that is effective at the time the service is used.

PhiMart may change or modify the Agreement at any time at its discretion, without prior notice to you.

In using PhiMart services, whether you are an account holder or not, it is agreed that:

1. You have to be 18 years old to use PhiMart services, and have capacity to enter into a binding legal contract. If you are under the age of 18, or lack capacity, you must be assisted by your guardian when using PhiMart.



2. PhiMart reserves the right to monitor, cancel or void any transaction . PhiMart also reserves the right to refuse service to anyone for any reason, further reserves the right to terminate accounts in its sole discretion without prior notice given to you.



3. You have to timely pay all fees that are charged according to our Fee Schedule, which may change as deem necessary by PhiMart. Unless otherwise noted, all fees are in U.S. dollars. Failure to pay fees on time may result in additional charges, suspension or cancellation of account, or actions taken by collection agency.



4. You have to uphold your transaction agreements with other users. You must timely pay for the items you purchase on PhiMart websites, or timely ship the items you sold upon receipt of the payment.



5. You will not utilize PhiMart services for inappropriate purposes, such as soliciting PhiMart users to engage in transactions outside of PhiMart, obtaining personal information for the purpose other than completing the transaction, harvesting or collecting personal information, posting offensive contents, infringing on other people's copyrights, or engaging in illegal activities.



6. You will use your best judgment to list your item under appropriate category.



7. You will not sell or transfer your user account to other user(s) without prior written authorization from PhiMart.



8. You will not distribute or post spam or chain letters. Also, you will not initiate any type of pyramid schemes.



9. You will not interfere with the PhiMart's operations, including price manipulation, feedback manipulation, or alteration of server information or data.



10. You will not attempt to harm the equipments or properties of PhiMart or other users through the use of the technology or skills.



11. You understand that we only provide a forum or place for people to independently engage in a transaction. We do not make any guaranties or representations regarding the quality, fitness-of-use, ownership, accuracy of the description, or legality of the items that are being offered by other users. Under no circumstances the relationship other than the customer-provider between the user and PhiMart shall be created such as agency, joint venture, partnership, employment, or any ownership interest. The items listed by the users are owned by the listing user, and the ownership in the item passes directly from the selling user to the purchaser. Under no circumstances the ownership interest pass to or through PhiMart.



12. You cannot hold PhiMart responsible for other user's actions or inaction, offensive conducts or listings, and release PhiMart of all liability from other user's conduct.



13. When you use PhiMart services, you must respect other people's ownership, copyrights and trademark rights. You are strictly prohibited from using copyrighted materials or trademarks without the prior authorization from the respective owner. Your authorized use of the copyrighted materials or trademarks on our websites grant us the content license to publish the same on our websites royalties-free. You must have the full ownership right to the items that you list for sale.



14. You shall defend, indemnify and hold PhiMart harmless from and against any and all liabilities, suits, actions, claims, demands, damages, losses, expenses and costs of every kind and character suffered or incurred by or asserted or imposed against it and resulting from, connected with, or growing out of your action in any way connected to the use of PhiMart services.



15. You take full responsibility for, but not limited to, applicable taxes, refunds, password security, accurate description of the items, compliance with any applicable law, and fulfillment of agreements with PhiMart and other users.



16. In any dispute or claim you have against PhiMart, you must first attempt in good faith to meet and confer and resolve the dispute or claim in question by submitting your claim in writing. If the dispute or claim in question is not resolved within sixty ( 60 ) days following the date the attempt to meet and confer to settle such dispute or claim was initiated, such dispute or claim shall be decided by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA") or Judicial Arbitration And Mediation Services, Inc. ("JAMS") in Los Angeles County, California. This election between AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The parties to arbitration may agree in writing to choose different rules and/or arbitrator(s). In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9, of the California Code of Civil Procedure. Judgment upon the award rendered by the arbitrator(s) may be entered into in any court having jurisdiction thereof. The parties shall have the right to discovery in accordance with the California Code of Civil Procedure, Section 1283.05.



17. The use of PhiMart services shall be governed by and construed in accordance with the laws of the State of California.



18. Under certain circumstances that the arbitration clause does not apply, the parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the Central District of the Los Angeles County Superior Court or in the Western Division of the United States District Court in the Central District of the State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than those specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Los Angeles, State of California as stated above shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.



19. You have read and agree with the following provisions:



1. Fee Schedule


2. Listing Policies and Prohibited Items


3. Olives


4. Outage


5. Copyright and Trademark Claims


6. Privacy Policy