| ~ NeoLoch Terms of Service ~ |
Welcome to NeoLoch, The Friendly Auction Site. These terms and conditions are intended to assist keep NeoLoch a safe place to trade. |
The Service provided by NeoLoch is only available to individuals who can make legally binding contracts. The services provided by NeoLoch, LLC are not available to minors and/or those individuals under the age of 18 years old and any other individuals who are legally prohibited from entering into binding contracts. 1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by NeoLoch, LLC from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended. Your continued use of the Service constitutes an affirmative
Should you object to any of these Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is immediately to:
These terms and conditions were last updated May 5th, 2008. 1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out: 'item', 'items' means goods that may be bought or sold through the auction or classified process; 'member' means a registered member of NeoLoch, LLC; 'services' means any one or more of the services offered by NeoLoch, LLC, including online auctions, classifieds, message boards, and chat rooms and any other service that NeoLoch, LLC may offer; 'we', 'us' and 'our' are a reference to trading as NeoLoch, LLC; 'you' and 'your' are a reference to you; 'web site' means any NeoLoch, LLC web site through which the services are offered; and 'listing' means a listing on the web site through which you offer, negotiate and buy or sell any item, whether by auction or classified. |
SPECIFIC WARNINGS |
2.1 The services: NeoLoch, LLC provides a venue to introduce members who want to buy and sell items. NeoLoch, LLC does not take any part in the sale of items other than by providing our web site as a venue for members. If a seller accepts a bid, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. As a result, even though some of the services being referred to as an auction, NeoLoch, LLC is not an auctioneer in any legal sense in any jurisdiction. 2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that NeoLoch, LLC takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. NeoLoch, LLC gives no undertakings, representations, or warranties in relation to items sold or listed on the web site, including:
2.3 Disclaimer: You expressly understand and agree that:
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of NeoLoch, LLC to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. NeoLoch, LLC liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 2.5 Indemnity: You hereby agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, your use of NeoLoch, LLC message boards and chat rooms, your sale or attempted sale of an item prohibited under clause 4.4(e), or arising out of any content or item you submit, post, transmit, or make available through the services. 2.6 Breach: Without limiting any other rights and remedies available to NeoLoch, LLC, NeoLoch, LLC may limit your activities on the web site, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where NeoLoch, LLC considers it appropriate. 2.7 Promotions of Advertisers: From time to time, NeoLoch, LLC may communicate via email items that may be of interest to you as a Member of the Service if and only if you have agreed upon registration or subsequently to receive such emails. NeoLoch, LLC may also sell or make available to Advertisers online advertising using the web pages of the Service. You may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the Advertiser. NeoLoch, LLC assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree to pay all sales, use, value-added, personal property or other governmental tax or levy imposed on goods or services (if any) that you purchase through the Service. |
BECOMING A MEMBER |
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract. Membership is non-transferable. 3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by NeoLoch, LLC to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). NeoLoch, LLC may phone or mail you to verify these details. 3.3 Termination of membership: NeoLoch, LLC reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, NeoLoch, LLC may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. Registered members may request their membership to be closed at any time, however, NeoLoch, LLC will not process the request for any member currently holding the highest bid on an open auction until such time that the member loses status as the high bidder or the auction closes. Additionally, sellers with open listings may not close their account until all current auctions are ended and all outstanding fees are settled. To request your account to be closed, send an email request to Admin@NeoLoch, LLC including your User Name and reason for the request. 3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
3.5 Levels of Membership. (See NeoLoch, LLC's Fees Page) |
GENERAL RULES |
4.1 General
4.2 Items listed for Sale NeoLoch, LLC does not own, warehouse or sell any of the products displayed on this site (unless specifically disclosed). Payment and Shipping terms are agreed upon between seller and buyer; NeoLoch, LLC is not involved in the transaction. Members agree to release NeoLoch, LLC from any disputes, claims, demands, and/or damages evolving from the use of this service. Buyers and sellers must ensure that participation in the auction does not violate any applicable local, state, federal or international laws or Regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You may place any goods or service that you have the right to sell up for auction. If NeoLoch, LLC does not think your lot is appropriate for any reason, we reserve the right to delete your listing altogether. NeoLoch, LLC disclaims any warranties expressed or implied on products or services listed on this site. NeoLoch, LLC does not take responsibility for the quality of the lots listed on the Service. This includes, but is not limited to, mistakes and typographical errors entered by a seller. If you are not sure whether you are entitled to sell or buy you should take professional advice. You should specifically take advice in respect of the sale and purchase of prescription medicines. Items that are expressly prohibited to be listed include, but are not limited to:
NeoLoch, LLC will delete a listing of any such nature upon becoming aware it is a prohibited item or notification by a legitimate authority. The seller of such listings may be subject to suspension at NeoLoch, LLC discretion. 4.3 Your obligations as a Member Your right to use the Service is personal to you. You agree that without the prior written consent of NeoLoch, LLC you shall not resell the Service or use the Service for the transmission of commercial solicitations or for the receipt of responses to commercial solicitations. You agree not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the Service. You agree to refrain from sending unsolicited offers to purchase goods, chain letters or other commercial email to other users. You agree not to "harvest" or use "robots" to gather email addresses from the Service for solicitation or other offers. You agree not to use the Service for the transmission of (or receipt of responses to) chain letters, lotteries, gambling or pyramid schemes of any kind. You agree not to use the Service to disseminate any message in a broad-based mailing without the prior written permission of NeoLoch, LLC You agree not to forge communications or take any other action that would disguise the origin of communications transmitted by you through the Service. You agree not to permit another person to transmit communications that falsely identifies your account as the origin of such communication. You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable state, national and international laws and regulations. You agree not to interfere or disrupt networks connected to the Service, and to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable state, national or international law or regulation. Attempts to gain unauthorised access to other computer systems are prohibited. You further agree not to use the Service in a manner that violates any Commonwealth, or state laws or statute including but not limited to the sale of regulated substances to minors or the filing of fraudulent insurance claims. NeoLoch, LLC retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms and Conditions and may, at its sole discretion, immediately terminate your use of the Service if your conduct is found to be inconsistent with these Terms and Conditions, or may be referred to the appropriate authorities. 4.4 Your obligations as a seller
4.5 Your obligations as a buyer
4.6 Feedback NeoLoch, LLC provides a ratings service for buyers and sellers to provide feedback and commentary on the performance of other buyers and sellers in the context of specific completed transactions. NeoLoch, LLC will not remove or edit postings to the public display areas including ratings and feedback comments, unless the Member resigns from the Service, or the rating contains profanity, in which case only the objectionable words will be removed. Members are not permitted to post positive ratings and feedback comments on themselves using their primary or secondary membership accounts or through third parties. Negative feedback. Members will receive one warning email if their feedback record falls to -1 net negative ratings. If a membership account accrues a -2 net negative feedback rating, the account will be suspended from further activity. If the negative comments are retracted, membership may be reinstated at the discretion of NeoLoch, LLC NeoLoch, LLC shall be in no way liable to any party at any time for the content of ratings and comments posted on the Service by Members. You hereby agree to indemnify, defend and hold NeoLoch, LLC, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (state or local), liability and/or expense that may be incurred by NeoLoch, LLC, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with comments and rating scores made by you or made about you by other Members. You further agree to take no legal action nor threaten legal action of any kind and at any time against any party in relation to the ratings and commentary service; and agree to deal with any disputes concerning the ratings and commentary service solely in accordance with the provisions of the Terms and Conditions.
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FEES AND ACCOUNTS |
5.1 NeoLoch, LLC Listing Fees and Success Fees
5.2 NeoLoch, LLC Accounts
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GENERAL PROVISIONS |
6.1 System Integrity: NeoLoch, LLC will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, NeoLoch, LLC takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, NeoLoch, LLC assumes no responsibility for the corruption of any data or information held by NeoLoch, LLC. 6.2 Resolution of disputes: As NeoLoch, LLC is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, NeoLoch, LLC in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided. 6.3 NeoLoch, LLC message boards and chat rooms: NeoLoch, LLC provides Message Boards and Chat Rooms for the use of NeoLoch, LLC members. The Message Boards and Chat Rooms may not be used to promote auctions, web sites or any commercial or business activity. NeoLoch, LLC is not responsible for any of the opinions expressed in the Message Boards and Chat Rooms. By posting a message to the message board or chat room you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements. 6.4 Force Majeure: Without prejudice to clause 2.3(a), NeoLoch, LLC has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of NeoLoch, LLC to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of NeoLoch, LLC. 6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. 6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 6.7 Governing Law: the laws of the state of Florida govern these terms and conditions. You submit to the non-exclusive jurisdiction of Saint Lucie County in the state of Florida. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. NeoLoch, LLC failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NeoLoch, LLC in writing. You and NeoLoch, LLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and you and NeoLoch, LLC forever waive any such cause of action. The section titles in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance. 6.8 Intellectual Property Rights: NeoLoch, LLC (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not, without our prior written permission, in any form or by any means:
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions. 6.10 NeoLoch, LLC cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of the site nor can NeoLoch, LLC guarantee that it will give notice of any illegal or inappropriate use of the Site. 6.11 NeoLoch, LLC cannot guarantee the preservation of any record and may delete information at its sole discretion and without notice. 6.12 NeoLoch, LLC reserves the right to refuse service to anyone at any time. 6.13 NeoLoch, LLC reserves the right to cancel any bid or listing at any time. 6.14 NeoLoch, LLC does not assume responsibility for the content or the context of the listings. 6.15 NeoLoch, LLC cannot guarantee that it will notice or prevent users from registering with false demographic information. 6.16 NeoLoch, LLC cannot guarantee that sellers will complete the sale of a lot, or that buyers will go through with the purchase of a lot; the individual buyers and sellers take all risk. This includes but is not limited to risks associated with dealing with foreign nationals, underage persons, or persons acting under false pretence. 6.17 NeoLoch, LLC is not responsible for damage or loss caused by errors in the Service or the Internet. The service may be unavailable unexpectedly as a result of errors or circumstances beyond our control. Use at your own risk. 6.18 NeoLoch, LLC does not endorse any of the goods and services that are transferred through the Service. 6.19 NeoLoch, LLC is not responsible for any damages to goods during transit nor for misrepresentations or breaches of contract by either buyer or seller. 6.20 NeoLoch, LLC cannot confirm the identity or location of its Members, whether Members are under age or acting under false pretence. 6.21 Privacy: NeoLoch, LLC collects personal information about you through your use of the services and the web site, including: Your registration details; and Information relating to your use of the web site and the content you access. You agree that NeoLoch, LLC may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other NeoLoch, LLC products and services to you, and for any other use that you authorize. We will not sell or allow third parties to access your personal information without your consent, however you agree that NeoLoch, LLC may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.4(e) at any time. Please review our privacy policy. |