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Seller Agreement


Welcome to the Pragathi.com site (the "Site"). The terms Pragathi.com and Pragathi refer to both this website and to Pragathi Advertisements, LLC. Any person who wants to access the Site to sell items or services must accept the terms and conditions of this Seller Agreement without change. By registering and using the Site, you agree to be bound by all terms and conditions of this Seller Agreement, and all policies and guidelines of the site are incorporated by reference.


1. Pragathi.com's Role

Pragathi.com provides a platform for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete transactions. Pragathi.com is not involved in the actual transaction between Sellers and Buyers. As a Seller, you may list any good, item or service on the Site unless it is a prohibited item as defined in this Seller Agreement, or otherwise prohibited by law. It is up to the Seller to accurately describe the good, item or service for sale. As a Seller, you use the Site at your own risk.

2. Pragathi.com Reservation of Rights

Pragathi.com retains the right to determine the content, appearance, design, functionality and all other aspects of the Site (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Seller Agreement) that has been charged for an order that we stop or cancel.

3. Your Transactions:

a. For sales where a Seller lists goods at a fixed price ("fixed price sales"), the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. By listing an item in a fixed price sale, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.

b. For fixed price sales, Seller will determine the purchase price for each item he or she lists on the Site via and subject to Pragathi.com's standard functionality for listing the purchase price.

4. Your Obligation

By entering into this Seller Agreement and posting a listing for sale, you agree to complete the transaction as described by this Seller Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

5. Seller Taxes

You agree that it is the Seller's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Pragathi.com is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

6. Password Security

Your password may be used only to access the Site, 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 report this to Pragathi.com support and change your password.

7. Illegal Activity

a. Compliance with Laws. The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations relating in any way to the goods or services you provide.

b. Fraud. You may not register under a false name or use an invalid or unauthorized credit card. You may not 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 Pragathi.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

c. Investigation. Pragathi.com has the right, but not the obligation, to monitor any activity and content associated with this Site and investigate as we deem appropriate. Pragathi.com also 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. Pragathi.com reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.

d. Disclosure of Information. Pragathi.com also reserves the right to report any activity that either of them suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Pragathi.com's systems and customers, or to ensure the integrity and operation of Pragathi.com's business and systems, Pragathi.com may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.

8. Privacy Use of Pragathi.com Transaction Information

a. Read the Pragathi.com Privacy Policy. This may be changed by Pragathi.com and its affiliates at any time without notice. You should check the Privacy Policy frequently for changes. Pragathi.com and its affiliates may communicate with you in connection with your listings, sales, and the Site, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means. When you use the Site, some personally identifiable information about you, including your feedback and the e-mail address associated with your account, may be displayed on the Site and may be viewed by potential buyers.

b. You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or information acquired by you or your affiliates from Pragathi.com or its affiliates (or otherwise) as a result of the Seller Agreement, the transactions contemplated hereby or the parties' performance hereunder (collectively, "Pragathi.com Transaction Information"), except you may disclose this information as necessary for you to perform your obligations under this Seller Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information. The terms of this Section do not prevent you from using other information that you obtain separately from the Pragathi.com Transaction Information, even if such information is identical to Pragathi.com Transaction Information, provided that you do not target communications on the basis of the intended recipient being a Pragathi.com user.

9. No Warranties

The Site is provided on an "as is" basis. Pragathi.com does not make any other representations or warranties of any kind, express of implied, including without limitation:

a. The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

b. That the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error.

c. That the information, content, materials, or products included on the site will be as represented by sellers, available for sale at the time of sale, lawful to sell, or that sellers or buyers will perform as promised.

d. Any implied warranty arising from the course of dealing or usage of trade and

e. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of Pragathi.com.

To the full extent permissible under applicable law, Pragathi.com disclaims any and all such warranties.

10. General Release

Because Pragathi.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 release Pragathi.com (and its 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, sounding in tort, contract, statutory or regulatory law, or any other legal theory, arising out of the subject transaction or in any way connected with such disputes.

11. Indemnity/Limitation of Liability

a. Indemnity and Defense. You will defend, indemnify and hold harmless Pragathi.com and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees and costs) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Seller Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes.

b. Limitation of Liability. Pragathi.com will not be liable for any damages of any kind, including, without limitation, any direct, indirect, incidental, punitive, or consequential damages, arising out of or in connection with the Seller Agreement, the Site, the inability to use the Site, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site.

12. Applicable Law

The laws of the state of New Jersey govern this Seller Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods.

13. Arbitration

Each party consents that any dispute or claim relating in any way to this Seller Agreement or your use of the Site will be resolved by binding arbitration as described in this paragraph, rather than in court, except that you may assert claims in a small claims court in Somerset County, New Jersey if your claims qualify and you or we may bring suit in the state or Federal courts in Somerset County, New Jersey to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Seller Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, . The arbitration will be conducted by JAMS under its rules. Payment of all filing, administration and arbitrator fees will be governed by the JAMS' rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Each party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

The arbitrator will render an award within the time frame specified in the JAMS rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS rules.

14. Disputes

Because Pragathi.com is neither the agent of Seller and is not the agent of Buyer for any purpose, Pragathi.com will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Pragathi.com urges Sellers and Buyers to cooperate with each other to resolve such disputes.

15. Your Grant

By entering into this Seller Agreement and listing an item, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to Pragathi.com and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Site); provided further, however, that nothing in this Seller Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to Pragathi.com and its affiliates, and that the use of such materials by Pragathi.com and its affiliates will not infringe upon or violate the rights of any third party.

16. Termination

Pragathi.com, in its sole discretion, may terminate this Seller Agreement, access to the Site, or any current listings immediately without notice for any reason. Pragathi.com, in its sole discretion, also may prohibit any Seller from listing items, goods and services.

17. General Provisions

a. Entire Agreement. This Seller Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy, constitutes 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.

b. No Agency. Third-Party Beneficiary. You and Pragathi.com are independent contractors and nothing in this Seller Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. Nothing expressed or mentioned in or implied from this Seller 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 Seller Agreement. This Seller 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 Pragathi.com, you, and relying Buyers or Sellers.

c. Severability. If any provision of this Seller 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.

d. No Waiver. Pragathi.com will not be considered to have waived any of its rights or remedies described in this Seller Agreement unless the waiver is in writing and signed by the relevant party. No delay or omission by Pragathi.com in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Pragathi.com's failure to enforce the strict performance of any provision of this Seller Agreement will not constitute a waiver of either party's right to subsequently enforce such provision or any other provisions of this Seller Agreement.

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