Welcome to Yard Sale Auction.Net / The Nickel Auction.com.com
By using the services on Yard Sale Auction.Net / The Nickel Auction.com.com website you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with Yard Sale Auction.Net / The Nickel Auction.com and the general principles for the website of our subsidiaries
Before you may become a member of Yard Sale Auction.Net / The Nickel Auction.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement.
You must have a Google Account for the purposes of billing with this account; in some cases we will accept money orders, or cashiers checks for your ad/listing. If you do not have a Google account a link is provided on the website for you to get one.
While using the Site, you will not:
·post content or items in an inappropriate category or areas on the Site;
·violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
·use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
·fail to deliver payment for items matched, manipulate the price of any item or interfere with other user's listings;
·circumvent or manipulate our fee structure, the billing process, or fees owed to Yard Sale Auction.Net / The Nickel Auction.com;
·post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
·take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to Yard Sale Auction.Net / The Nickel Auction.com website);
·transfer you’re Yard Sale Auction.Net / The Nickel Auction.com account (including feedback) and User ID to another party without our consent;
·distribute or post spam, chain letters, or pyramid schemes;
·distribute viruses or any other technologies that may harm Yard Sale Auction.Net / The Nickel Auction.com website, or the interests or property of Yard Sale Auction.Net / The Nickel Auction.com users;
·copy, modify, or distribute content from the Sites and Yard Sale Auction.Net / The Nickel Auction.com’s copyrights and trademarks; or
·Harvest or otherwise collect information about users, including email addresses, without their consent.
We and our website function solely as a neutral party, where two parties may agree on a price for a particular type of service. We are the neutral party for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete the transaction for any of the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member.
Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.
Fees. There are currently no fees to register, the only fees are those associated with the placement of your auction items. The fees for those services are listed on the fees page, if you do not agree with those fees then you are requested not to use this site. Although the fee may be authorized when the transaction is completed on the site, the fee may not be billed to the credit card on file with Google until the 10th day of the month following the month of the transaction. Multiple transactions in the same month will be billed collectively...
If in any billing period, we are not able to charge your credit card on file the full amount owed us we reserve the right to charge your credit card for fees associated with specific matches or transactions that occurred on our site. Yard Sale Auction.Net / The Nickel Auction.com may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites. Yard Sale Auction.Net / The Nickel Auction.com reserves the right to waive or change our fees, penalties, or interest at any time.
All fees are quoted in U.S. Dollars. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your User ID and password, including fees. We recommend that you not disclose you’re Yard Sale Auction.Net / The Nickel Auction.com password to any third parties.
Authorization to Credit and Debit Accounts. You irrevocably and expressly authorize Yard Sale Auction.Net / The Nickel Auction.com, to credit any monies to the account that you have identified for Yard Sale Auction.Net / The Nickel Auction.com. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with Google while engaging in activity on our website. You agree that if you do not maintain a valid, non-expired card/account on file with Google during any billing attempt, you may be subject to interest and penalties as enumerated above.
You irrevocably and expressly authorize Yard Sale Auction.Net / The Nickel Auction.com, to withhold any monies and/or debit any monies from any account that you have identified to Yard Sale Auction.Net / The Nickel Auction.com, for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to Yard Sale Auction.Net / The Nickel Auction.com. We reserve our rights to all actions and remedies in connection with any monies owed to Yard Sale Auction.Net / The Nickel Auction.com; You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
Unpaid Fees. If, for any reason, any fees have not been received or in any manner realized by Yard Sale Auction.Net / The Nickel Auction.comon transactions that have been completed by you for the services and any additional services performed by you ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. If in any billing period, we are not able to charge your credit card on file the full amount owed us we reserve the right to charge your credit card for fees associated with specific matches or transactions that occurred on our site. If in any billing period, (30 days) we are not able to charge your credit card on file the full amount owed us, Yard Sale Auction.Net / The Nickel Auction.com may charge your account a penalty of no more than $20 for every billing period that your account remains unpaid.
In addition, Yard Sale Auction.Net / The Nickel Auction.com may charge interest, in the amount of 1.5% per month or fraction thereof, on any unpaid account balance that you maintain. Any partial payments made to members’ account balances will first be applied to the most recent fees owed us. If anytime after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account until the fees are paid. If you subsequently pay off your entire balance owed to Yard Sale Auction.Net / The Nickel Auction.com then all services will be restored and your account will be reactivated.
Yard Sale Auction.Net / The Nickel Auction.com reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Match/Transaction Retractions and Refunds. Yard Sale Auction.Net / The Nickel Auction.com requires all our members, to give a good faith effort to complete the sales of items matched on our site. When a dispute arises after a transaction is made, each person should communicate with each other to try and work out a mutually agreeable solution. After exhausting all reasonable efforts to work out a solution to complete a sale, if after all efforts are made and a dispute cannot be resolved then either party may formally initiate a “Match Retraction”. A Match Retraction is ONLY appropriate when all other efforts have been tried and no compromise can be reached.
To initiate a Match/Transaction Retraction through the online system, please send an email to mailto:matchretractions@yardsaleauction.netonce you have started the process; be as detailed as possible when describing the reason for the retraction. If the retraction is accepted by the other party (within the first 72 hours), it will automatically retract and a full credit will be given to the wronged party. If the retraction is disputed by the other party, it will be reviewed by Yard Sale Auction.Net / The Nickel Auction.com staff to determine if it should be retracted and what the credit, if any, will be given. The seller will have the option of re-listing in the marketplace or deleting the auction item. If the retraction is requested 30 days after the match was made, it is not eligible for the automatic retraction process and will be reviewed by Yard Sale Auction.Net / The Nickel Auction.com. Please let us know as soon as possible.
If the cause of the Match/Transaction Retraction is determined to be entirely the fault of the seller, the buyer will receive a full refund. If the Match Retraction is determined to be entirely the fault of the buyer, then they will not receive a refund. Any refunds will be given at the sole discretion of Yard Sale Auction.Net / The Nickel Auction.com after verifying each member’s claims. All decisions regarding refunds are final. Please do not email disputes@yardsaleauction.net for Match Retractions, if you have questions about a match retraction email matchretractions@yardsaleauction.net.
No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of Yard Sale Auction.Net / The Nickel Auction.com website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
Release/Disputes If you have a dispute with one or more Yard Sale Auction.Net / The Nickel Auction.com users, you release Yard Sale Auction.Net / The Nickel Auction.com, its officers, directors, agents, and subsidiaries, joint ventures, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Prohibited and Restricted Items. Prohibited Items: Hazardous or Dangerous goods. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier’s are not allowed on Yard Sale Auction.Net / The Nickel Auction.com. The few hazardous materials that lawfully may be sold, listed or transported under certain conditions (if they are properly packaged and labeled) may be listed on Yard Sale Auction.Net / The Nickel Auction.com - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements in the US, see the U.S. Postal Service Publication 52.
Restricted Items: Prohibited, regulated or dangerous items: Full responsibility rests with the seller to comply with all postal and non postal laws and regulations that relate to the selling of hazardous, restricted and perishable material. Anyone who sells, or causes to be sold, a non-mail able or hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment), including but not limited to those specified in 18 U.S.C. For more information see our restricted and prohibited items amendment in our community section.
Account Self Policed System. Yard Sale Auction.Net / The Nickel Auction.com site is self-policed by Yard Sale Auction.Net / The Nickel Auction.com community the violation system is used to communicate the policies of Yard Sale Auction.Net / The Nickel Auction.com user agreement. Yard Sale Auction.Net / The Nickel Auction.com members are able to report certain texts that do not comply with this Agreement. To report violations send an email to violations@yardsaleauction.net After agreeing that the text you are reporting violates Yard Sale Auction.Net / The Nickel Auction.com User Agreement an email is sent to Yard Sale Auction.Net / The Nickel Auction.com team for review. After review, Yard Sale Auction.Net / The Nickel Auction.com team will either allow the text or remove the text, meaning there was no violation, Yard Sale Auction.Net / The Nickel Auction.com member who continues to be reported is subject to suspension of their account.
Privacy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in Yard Sale Auction.Net / The Nickel Auction.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see Yard Sale Auction.Net / The Nickel Auction.com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. Yard Sale Auction.Net / The Nickel Auction.com uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers.
Information You Submit. You are solely responsible for any information you provide to us or other users in the registration, bidding, buying or selling, process. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information. Your personal information and any listing must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing Yard Sale Auction.Net / The Nickel Auction.com transaction fees.
Yard Sale Auction.Net / The Nickel Auction.com reserves the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a neutral party for any of your on line communication or distribution of content or information.
Furthermore, you expressly represent and warrant the following: (A) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (B) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information.
Fraud. Yard Sale Auction.Net / The Nickel Auction.com may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our website. Members may not manipulate the bid prices for any shipment or interfere with other members' listings or transactions.
Fees - You shall NOT: 1. Charge members a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on Yard Sale Auction.Net / The Nickel Auction.com website (given that the particulars of the service requested are materially the same as those requested on Yard Sale Auction.Net / The Nickel Auction.com website). Your accepted bid price must include ANY and ALL charges, including any taxes, fees, shipping rates etc.; (we understand from time to time that shipping rates are approximate and they may increase due to carrier rates, please try to keep it within a respectable range) Yard Sale Auction.Net / The Nickel Auction.com will NOT tolerate excessive shipping charges in connection with a sell.
2. Charge to, or in any way attempt to collect from members, as an additional charge to the total amount agreed upon for the services, Yard Sale Auction.Net / The Nickel Auction.com Listing Fee/ Final Value Fee/ or any Fee for use of our website, or;
3. Communicate or correspond, whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Listing Fee / Final Value Fee or any Fee for use of our website. 4. Represent or communicate to members that you are to collect Yard Sale Auction.Net / The Nickel Auction.com Listing Fee / Final Value Fee or any Fee for use of our website. 5. Cause another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to Yard Sale Auction.Net / The Nickel Auction.com Listing Fee / Final Value Fee or any Fee for use of our website. 6. Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a Listing Fee / Final Value Fee or any Fee for use of our website.
Manipulating feedback - You acknowledge and agree that Yard Sale Auction.Net / The Nickel Auction.com website is a neutral party and that all transactions for services are made by and between you and other members only and, therefore, we can not, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the website is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the website,
You shall NOT:
1.Post or attempt to post, in any manner or by any means, a feedback review on your own account.
2. Post and/or cut and paste and/or copy the content of a member feedback review from Yard Sale Auction.Net / The Nickel Auction.com website to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;
3.Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
4.Attempting to gain feedback by receiving multiple feedbacks from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other); .
Off-Site Communications. Yard Sale Auction.Net / The Nickel Auction.com prohibits offers by its members to sell listed auction items, outside of Yard Sale Auction.Net / The Nickel Auction.com site. Offers of this nature circumvent Yard Sale Auction.Net / The Nickel Auction.com fee structure and are a potential fraud risk for both buyers and sellers
Some examples of off-site offers include:
Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in Yard Sale Auction.Net / The Nickel Auction.com’s question and answer system, profile section, “Additional Information” sections, user ID, discussion forums, auction listing, or item description.
Yard Sale Auction.Net / The Nickel Auction.com reserves the rights to edit, amend, or delete any personal contact information that members submit on our site. Yard Sale Auction.Net / The Nickel Auction.com reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
Community Discussion Forums. Yard Sale Auction.Net / The Nickel Auction.com’s discussion forums and café’ are intended to allow our members to communicate their experiences using Yard Sale Auction.Net / The Nickel Auction.com. Yard Sale Auction.Net / The Nickel Auction.com reserves the right to edit, amend, or delete any information posted on the discussion forums/café’ if, in the sole opinion of Yard Sale Auction.Net / The Nickel Auction.com, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement or our Discussion Forum/Cafe Rules, which has detailed information about what postings we deem unacceptable. Please address yourself in a discussion in a respectful / professional manner.
Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in Yard Sale Auction.Net / The Nickel Auction.com website at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of your participation can include but is not limited to:
1. Any circumvention of Yard Sale Auction.Net / The Nickel Auction.com website by you or by others at your direction;
2. Your creation, maintenance and/or management of more than one account;
3. Your circumvention or non-payment in full of our fees;
4. An attempt by you to improperly influence, or cause another to, improperly influence the feedback of members;
5. Any attempt by you to harass, or cause another to harass;
6. Commit inappropriate communications with a member;
7. Failure to deliver the promised services on time;
8. Commit inappropriate communications with one of employees, agents, or partners.
Petition for Reinstatement. Upon your removal from Yard Sale Auction.Net / The Nickel Auction.com website, you may petition for reinstatement. Your petition for reinstatement must include the following:
1) A written statement as to why you should be reinstated
2) Your contact information;
3) Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final. Please email all reinstatement requests to reinstatement@yardsaleauction.net
Confidentiality
All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Yard Sale Auction.Net / The Nickel Auction.com’s Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Yard Sale Auction.Net / The Nickel Auction.com Information"). You hereby agree and acknowledge that any and all of Yard Sale Auction.Net / The Nickel Auction.com’s information is confidential and shall be our sole and exclusive intellectual property and proprietary information.
You agree to use Yard Sale Auction.Net / The Nickel Auction.com’s Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Yard Sale Auction.Net / The Nickel Auction.com’s Information to a third party specifically including a direct competitor is strictly prohibited and will be challenged in a court of law. Remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief and punitive monetary relief.
Taxes you are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site, this includes local, county, State or Federal Taxes.
Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
Non-solicitation. During the term of this agreement, you shall not solicit to hire nor hire Yard Sale Auction.Net / The Nickel Auction.com’s employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
No Felony Convictions. You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the duties of a buyer or seller.
Unsolicited Idea Submission. We always want to receive messages and feedback from Yard Sale Auction.Net / The Nickel Auction.com members and welcome any comments regarding Yard Sale Auction.Net / The Nickel Auction.com website or business practices. After all it is you that makes this website and business a success. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by Yard Sale Auction.Net / The Nickel Auction.com might be similar or even identical to your idea.
Yard Sale Auction.Net / The Nickel Auction.com shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission.
Identity Verification. We use techniques to help verify the identity of sellers and buyers when they register on our website; however, Yard Sale Auction.Net / The Nickel Auction.com cannot and will not confirm each persons provider's .We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
Remedies. Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your auction items, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.
No Warranty. Yard Sale Auction.Net / The Nickel Auction.com, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Feedback. You acknowledge that your feedback consists of comments left by other Yard Sale Auction.Net / The Nickel Auction.com members and a composite feedback number compiled by Yard Sale Auction.Net / The Nickel Auction.com. You agree that you will not use your Yard Sale Auction.Net / The Nickel Auction.com feedback in any party other than Yard Sale Auction.Net / The Nickel Auction.com .If you undermine the integrity of our feedback system in any way, or if you earn a net feedback rating of negative four (-4) or lower, your membership may be suspended, Lets all act in a professional manner.
Limited Liability. In no event shall we, employees of Yard Sale Auction.Net / The Nickel Auction.com, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement however arising, including negligence. Our liability and that of our employees and suppliers, to you or any third parties in any circumstance is limited to the greater of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and $100.
Indemnity. You agree to indemnify and hold us and our organizers, 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 negligence, breach of this agreement, or violation of any law or the rights of a third party.
Arbitration.
Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Yard Sale Auction.Net / The Nickel Auction.com to collect our fees and/or recover damages for, or obtain an injunction relating to, Yard Sale Auction.Net / The Nickel Auction.com site operations, intellectual property, and our services, shall be settled in a court of law. The suit shall be conducted in Oregon and judgment on the legal award may be entered into any court having jurisdiction thereof; additionally a alternative dispute resolution is listed below
If a dispute arises between you and Yard Sale Auction.Net / The Nickel Auction.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Yard Sale Auction.Net / The Nickel Auction.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by filing a dispute. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
·Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Oregon as they apply to agreements entered into and to be performed entirely within Oregon, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Yard Sale Auction.Net / The Nickel Auction.com must be resolved by a court located in Oregon, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Oregon for the purpose of litigating all such claims or disputes.
·Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
·Improperly Filed Claims - All claims you bring against Yard Sale Auction.Net / The Nickel Auction.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Yard Sale Auction.Net / The Nickel Auction.com may recover attorneys' fees and costs up to $5000, provided that Yard Sale Auction.Net / The Nickel Auction.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Disputes between you and Yard Sale Auction.Net / The Nickel Auction.com regarding our services should be reported to disputes@yardsaleauction.net
We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity (for example, Square Trade). We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
We will attempt to resolve any disputes you have with us. Because we are a neutral party (as explained above), we are not responsible for resolving any disputes between you and members regarding services. All disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and/or listing items and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith.
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.
Protection Property Content. Yard Sale Auction.Net / The Nickel Auction.com website contains copyrighted material, know how, material, design logos, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all rights, interests and title thereto. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use Yard Sale Auction.Net / The Nickel Auction.com’s (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
Trademark and Domain Name Protection. Yard Sale Auction.Net / The Nickel Auction.com website contains trade names, service marks, domain names or other indicia of ownership, owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof.
You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. Marks, of others business entity’s are the sole exclusive use of that business and are used on Yard Sale Auction.Net / The Nickel Auction.com website with the permission of that business.
Governing Law. THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
General. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
You hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on Yard Sale Auction.Net / The Nickel Auction.com.com website.
All modified terms and conditions shall take effect immediately after posting to Yard Sale Auction.Net / The Nickel Auction.com website. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on April 1, 2010
