PreownedWoodworking.com User Agreement
1.0 Welcome to the PreownedWoodworking.com User Agreement. This
Agreement sets forth the terms and conditions applicable to your
use of our services at PreownedWoodworking.com. If you have any
questions that our User Agreement cannot answer, please contact
us at
.
1.1 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. This Agreement may not be otherwise amended except
in a writing signed by you and PreownedWoodworking.com. This agreement
was last revised on January 7th, 2007.
Membership Eligibility
2.1 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. If you
do not qualify, please do not use our services. Further, our services
are not available to members who have been temporarily or indefinitely
suspended from PreownedWoodworking.com.
Fees and Services
2.2 Joining and bidding on items at PreownedWoodworking.com is
free. Fees are assigned for advertising bought and final closing
commissions; this is explained further in our Fees and Credits
Policy. 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 fourteen(14) days after posting the changes on the
announcements board. However, we may choose to temporarily
change our Fees and Credits Policy and the fees for our services
for promotional events (for example, free listing days) and such
changes are effective when we post the temporary promotional event
on the announcements board. When you list an item 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 web site as well as all applicable
taxes.
PreownedWoodworking.com an Auction Venue
3.1 Our site acts as the venue for sellers to list items (or,
as appropriate, solicit offers to buy) and buyers to bid on items.
We are not involved in the actual transaction between buyers and
sellers. As a result, we have no control over the quality, safety
or legality of the advertised items, the truth or accuracy of the
listings, the ability of sellers to sell items or the ability of
buyers to buy items. We cannot ensure that a buyer or seller will
actually complete a transaction.
Safe Trading
3.2 Because user authentication on the Internet can be difficult,
PreownedWoodworking.com cannot and does not confirm each user's
purported identity. Thus, we have established a user-initiated
feedback system to help you evaluate the party or parties with
whom you are dealing. We also encourage you to communicate directly
with potential trading partners. In the case of extremely rare
and expensive items the buyer and seller may also wish to consider
using a third party escrow service or services that provide additional
user verification.
Release
3.3 Because we are not involved in actual transactions between
buyers and sellers, in the event that you have a dispute with one
or more users, you hereby affirmatively release PreownedWoodworking.com
(and our officers, directors, agents, subsidiaries 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.
Information Control
3.4 We do not control the information provided by other users
which 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 foreign nationals, underage persons, or people acting under
false pretense.
Bidding and Buying
4.1 If you are the highest bidder at the end of an auction (meeting
the applicable minimum bid or reserve requirements) and your bid
is accepted by the seller, you are obligated to complete the transaction
with the seller. By bidding on an item you agree to be bound by
the conditions of sale included in the item's description (or linked
to from the description) so long as those conditions of sale are
not in violation of this Agreement or unlawful. Bids are not retractable
except in exceptional circumstances such as when the seller materially
changes the item's description after you bid, a clear typographical
error is made, or you cannot authenticate the seller's identity.
Listing and Selling
5.1 Listing Description. Listings may only include text descriptions,
graphics and pictures you supply to our site (or that you link
to from your site) that describe your item for sale (or as appropriate,
for which are soliciting offers to buy). All listed items must
be listed in an appropriate category. All Dutch auction items must
be identical (the size, color, make, and model all must be the
same for each item). At any one time you may not promote identical
items in more than ten (10) listings (whether Dutch or Regular
auction style) on our site. Links to other sites are not allowed
from your description unless you have a special permission to do
so from PreownedWoodworking.com. Such permission can be withdrawn
at any time without notice.
5.2 Binding Bids. If you receive at least one bid at or above
your stated minimum price (or in the case of reserve auctions,
at or above the reserve price), you are obligated to complete the
transaction with the highest bidder upon completion of the auction,
unless there is an exceptional circumstance, such as: (a) the buyer
fails to meet the terms of your listing (such as payment method),
or (b) you cannot authenticate the buyer's identity.
5.3 Fraud. Without limiting any other remedies, PreownedWoodworking.com
may suspend or terminate your account if you are found (by conviction,
settlement, insurance or escrow investigation, or otherwise) to
have engaged in fraudulent activity in connection with our site.
5.4 Manipulation. Neither bidders nor sellers may manipulate the
price of any item nor may you interfere with other user's listings
or auctions. Shill bidding is not allowed.
5.5 Solicitation of Off-site Sales, Circumventing fees by soliciting
sales outside of PreownedWoodworking.com
The following activities are not permitted and may result in removal
of the offender from PreownedWoodworking.com:
Using member contact information obtained from PreownedWoodworking.com
or using any PreownedWoodworking.com feature to offer to sell any
listed item outside of PreownedWoodworking.com
Using member contact information obtained from PreownedWoodworking.com
or using any PreownedWoodworking.com feature to offer to sell an
item outside of PreownedWoodworking.com to any of your bidders
in a Reserve Not Met listing.
Using member contact information obtained from PreownedWoodworking.com
or using any PreownedWoodworking.com feature to sell duplicate
or additional merchandise outside of PreownedWoodworking.com to
under bidders
Sending unsolicited (without prior permission) commercial email
offers to bidders for the same or similar products that they have
bid on in the past on PreownedWoodworking.com.
Listing and Selling
"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 e-mail feature.
You are solely responsible for Your Information, and we act as
a passive conduit for your online distribution and publication
of Your Information.
With respect to Your Information: 6.1 Your Information (or any
items listed therein): (a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of counterfeit
or stolen items; (c) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (d) shall not violate any law,
statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
anti discrimination or false advertising); (e) shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child pornography or, if otherwise
adult in nature or harmful to minors, shall be posted only in the
Adults Only section and shall be distributed only to people legally
permitted to receive such content; (g) shall not contain any viruses,
Trojan horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (h) shall not create liability for
us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers; and (i) shall not link directly or indirectly
to or include descriptions of goods or services that: (aa) are
prohibited under this Agreement; (bb) are identical to other items
you have up for auction but are priced lower than your item's reserve
or minimum bid amount; (cc) are concurrently listed for auction
on a web site other than PreownedWoodworking.com's; or (dd) you
do not have a right to link to or include. Furthermore, you may
not list any item on our site (or consummate any transaction that
was initiated using our service) that, by paying to us the listing
fee or the final value fee, could cause us to violate any applicable
law, statute, ordinance or regulation.
6.2 Solely to enable PreownedWoodworking.com to use the information
you supply us with, so that we are not violating any rights you
might have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub licensable
(through multiple tiers) right to exercise the copyright and publicity
rights (but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your Information.
PreownedWoodworking.com will only use Your Information in accordance
with our Privacy Policy.
Access and Interference
7.1 Our web site contains robot exclusion headers and you agree
that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working of
the PreownedWoodworking.com site or any auction being conducted
on our site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure, which
is determined in the sole discretion of PreownedWoodworking.com.
Much of the information on our site is updated on a real time basis
and is proprietary or is licensed to PreownedWoodworking.com by
our users or third parties. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any
content (except for Your Information) from our web site without
the prior expressed written permission of PreownedWoodworking.com
or the appropriate third party.
Feedback
You may not take any actions that may undermine the integrity
of the feedback system. If you earn a net feedback rating of -4
(minus four), your membership will be suspended, and you will be
unable to list or bid.
8.1 Export. You acknowledge that your feedback consists of comments
left by other users and a composite feedback number compiled by
PreownedWoodworking.com, and that the composite number without
the comments does not convey your full user profile. Because feedback
ratings are not designed for any purpose other than for facilitating
trading between PreownedWoodworking.com users, you agree that you
shall not market or export your PreownedWoodworking.com feedback
rating in any venue other than PreownedWoodworking.com.
Breach
9.1 Without limiting other remedies, in the sole discretion
of PreownedWoodworking.com, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you: (a) if you breach
this Agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information
you provide to us; or (c) if we believe that your actions may
cause legal liability for you, our users or us.
Privacy
10.1 This organization is dedicated to building trust in the Internet
and disclosing our information practices as stated in our current Privacy
Policy
No Warranty
11.1 WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY. WE 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; however, to the extent allowed,
these broad disclosures are intended to apply to you.
Liability Limit
12.1 IN NO EVENT SHALL WE 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
(UNDER EITHER CONTRACT OR TORT).
12.2 OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER
OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR
TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Indemnity
13.1 You agree to indemnify and hold us and our subsidiaries,
affiliates, officers, directors, agents, and employees, harmless
from any claim or demand, including full 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.
Legal Compliance
14.1 You shall comply with all applicable laws, statutes, ordinances
and regulations regarding your use of our service and your bidding
on, listing, purchase, solicitation of offers to purchase, and
sale of items.
No Agency
15.1 Your relationship with PreownedWoodworking.com is deemed
that of an independent contractor, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement. Upon mutual written
consent, you may seek to enter into a PreownedWoodworking.com
contractual program which would alters this relationship.
Notices
16.1 Except as explicitly stated otherwise, any notices shall
be given by postal mail to PWW Enterprises, Inc, Attn: Legal PreownedWoodworking.com,
321 E. Florence Ct, Highlands Ranch, CO 80126, USA (in the case
of PreownedWoodworking.com) or to the e-mail address you provide
during the registration process (in your case). Notice shall be
deemed given 24 hours after e-mail is sent, unless the sending
party is notified that the e-mail address is invalid. Alternatively,
we may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to PreownedWoodworking.com
during the registration process. In such case, notice shall be
deemed given 3 days after the date of mailing.
Arbitration
17.1 Any controversy or claim arising out of or relating to this
Agreement or our services shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Colorado, and judgment on
the arbitration award may be entered into any court having jurisdiction
thereof. Either you or PreownedWoodworking.com may seek any interim
or preliminary relief from a court of competent jurisdiction in
Colorado necessary to protect the rights or property of you or
PreownedWoodworking.com pending the completion of arbitration. Should
PreownedWoodworking.com be successful in its claims or defenses,
it shall be entitled to recovery of its costs and full attorney
fees due to the arbitration.
Additional Terms
The following documents are incorporated by reference:
18.1 Our Privacy Policy is
available at for review. We may change our Privacy
Policy from time to time and our changes are effective after
we provide you with at least thirty (30) days' notice of the changes
by posting the changes on the announcements board.
18.2 Our Outage Policy is available
for review. We may change our Outage
Policy from time to time and our changes are effective after
we provide you with notice of the changes by posting the changes
on the announcements board.
18.3 Our Refund Policy is available
for review. We may change the Refund
Policy from time to time and our changes are effective after
we provide you with notice of the changes by posting the changes
on the announcements board.
General
19.1 This Agreement shall be governed in all respects by the laws
of the State of Colorado as such laws are applied to agreements
entered into and to be performed entirely within Colorado between
Colorado residents. 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. 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.
Copyright (c)2006 PWW Enterprises, Inc., PreownedWoodworking.com
All Rights Reserved.
Designated trademarks and brands are the property of their respective
owners.
Use of this Web site constitutes acceptance of the PreownedWoodworking.com
User Agreement and Privacy Policy.
** Recent changes to the user agreement are highlighted in italics.
