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User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH NIT OFFERS
YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for Northwest Internet Technologies. This
Agreement describes the terms and conditions applicable to your useof
our services available under the domain and sub-domains of www.worldofRockhounds.com
(including www.buildaauction.com) and the general principles for the
websites of our subsidiaries and international affiliates. If you do
not agree to be bound by the terms and conditions of this Agreement,
do not use or access our services. If you have any questions, please
our contact page
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement and the Privacy Policy, which include
those terms and conditions expressly set out below and those incorporated
by reference, before you may become a member of our storefront system.
We strongly recommend that, as you read this User Agreement, you also
access and read the information contained in the other pages and websites
referred to in this document, as they may contain further terms and
conditions that apply to you as a World of Rockhounds user. Please
note: underlined words and phrases are links to these pages and websites.
By accepting this User Agreement, you also agree that your use of other
NIT websites will be governed by the terms and conditions posted on
those websites.
We may amend this Agreement at any time by posting the amended terms
on our site. Except as stated below, all amended terms shall automatically
be effective 30 days after they are initially posted on our site. In
addition, we will notify you in accordance with your Notification Preferences.
This Agreement may not be otherwise amended except in a writing signed
by you and NIT. This Agreement is effective on March 19th, 2002 for
new registering users, and is otherwise effective on April 19th, 2002
for all users registered prior to March 19th, 2002. The last amendment
to this Agreement was effective for all users on May 15th, 2001.
1. Membership Eligibility.
Our services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing,
our services are not available to minors or to temporarily or indefinitely
suspended members. If you are a minor, you can use this service only
in conjunction with your parents or guardians. If you do not qualify,
please do not use our services. If you are registering as a business
entity, you represent that you have the authority to bind the entity
to this Agreement.
2. Fees and Services.
Our Fees and Credits Policy is openly presented on the site and is incorporated
by reference. We may change our Fees and Credits Policy and the fees
for our services from time to time. Our changes to the policy are effective
after we provide you with at least fourteen (14) days' notice of the
changes by posting the changes on the announcements board. However,
we may choose to temporarily change our Fees and Credits Policy. When
you open a storefront you have an opportunity to review and accept the
fees that you will be charged for the use of our listing services. We
may in our sole discretion change some or all of our services at any
time. In the event we introduce a new service, the fees for that service
are effective at the launch of the service. Unless otherwise stated,
all fees are quoted in U.S. Dollars. You are responsible for paying
all fees associated with using our service and our website and all applicable
taxes.
3. Information and verification
3.1 Identity Verification. We use many techniques to identify our users
when they register on our site. However, because user verification on
the Internet is difficult, NIT cannot and does not confirm each user's
purported identity. We also encourage you to communicate directly with
potential trading partners.
3.2 Release. Because we are a venue, in the event that you have a dispute
with one or more users, you release NIT (and our officers, directors,
agents, subsidiaries, joint ventures 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.
3.3 Information Control. We do not control the information provided
by other users that is made available through our system. You may find
other user's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when using
our site. Please note that there are also risks of dealing with underage
persons or people acting under false pretense. Additionally, there may
also be risks dealing with international trade and foreign nationals.
4. Listing and Selling.
4.1 Listing Description. You must be legally able to sell the item(s)
you list for sale on our site. You must describe your item and all terms
of sale on the listing page of our site. Your listings may only include
text descriptions, graphics, pictures and other content relevant to
the sale of that item. All listed items must be listed in an appropriately
legal manner.
5.2 Fraud. Without limiting any other remedies, NIT may suspend or terminate
your account if we suspect that you (by conviction, settlement, insurance
or escrow investigation, or otherwise) have engaged in fraudulent activity
in connection with our site.
6. Your Information.
6.1 Definition. "Your Information" is defined as any information
you provide to us or other users in the registration, bidding or listing
process, in any public message area or through any email contact. You
are solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information (or any items listed) and
your activities on the site shall not: (a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(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,
antidiscrimination or false advertising); (e) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f) be obscene or contain
child pornography or, if otherwise adult in nature or harmful to minors.
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots,
easter eggs or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; (h) create liability for us
or cause us to lose (in whole or in part) the services of our ISPs or
other suppliers; and (i) link directly or indirectly to or include descriptions
of goods or services that: (aa) are prohibited under this Agreement.
7. Privacy.
We do not sell or rent your personal information to third parties for
marketing purposes without your consent and we only use your information
as described in the Privacy Policy. We view protection of users' privacy
as a very important community principle. We understand clearly that
you and your information is one of our most important assets. We store
and process your information on computers located in the United States
that are protected by physical as well as technological security devices.
8. No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE
AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY 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 that vary from state to state.
9. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES
OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
10. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your breach of this Agreement or
the documents it incorporates by reference, or your violation of any
law or the rights of a third party.
11. Legal Compliance.
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our service
and your listing, purchase, solicitation of offers to purchase, and
sale of items.
12. No Agency.
You and NIT are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.
13. Additional Terms.
Each of these policies may be changed from time to time and are effective
immediately after we post the changes on our site, except for the Privacy
Policy for which we will provide you with thirty days prior notice.
In addition, when using particular services on our site, you agree that
you are subject to any posted policies or rules applicable to services
you use through our site, which may be posted from time to time. All
such posted policies or rules are hereby incorporated by reference into
this Agreement.
14. General.
This Agreement shall be governed in all respects by the laws of the
State of Oregon. We do not guarantee continuous, uninterrupted or secure
access to our services, and operation of our site may be interfered
with by numerous factors outside of our control. 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. You
agree that this Agreement and all incorporated agreements may be automatically
assigned by NIT, in our sole discretion, to a third party in the event
of a merger or acquisition. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent
of such section. 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 sets forth the entire understanding
and agreement between us with respect to the subject matter hereof.
Thank you for your understanding,
Preston White
CEO Northwest Internet Technologies
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