GoNellie.com Terms and Conditions - Revised May 20, 2008
The following describes the terms on which GoNellie.com offers you access to our services.
Welcome to GoNellie.com. By using the services on the GoNellie.com websites, you are agreeing to the following terms. Before you may become a member of GoNellie.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. This Agreement is effective on May 20, 2008, for current users, and upon acceptance for new users.
Using GoNellie.com
While using the Site, you will not:
post content or items in an inappropriate category or area on the Site;
violate any laws, third party rights, or our policies
use the Sites 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 purchased by you, unless the seller has materially changed the item's description after you have made an offer, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
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 GoNellie.com;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the reputation or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to GoNellie.com);
transfer your GoNellie.com account (including reputation) 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 GoNellie.com, or the interests or property of GoNellie.com users;
copy, modify, or distribute content from the Sites and GoNellie.com's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing GoNellie.com
GoNellie.com and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Fees and Services
Joining GoNellie.com and making offers on listed items is free. Posting items available for sale is also free, however their limits imposed regarding the number of items, images and length of time for which items may be posted. Subscriptions may be purchased to increase such limits. Costs and available subscriptions are subject to change, however any account that remains in good standing will continue to pay to subscription fee that was originally purchased. Should you cancel your account or fail to make payments in a timely manner resulting in the termination of your account, you may purchase a new subscription at the rates available at that time.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel). Fees for our services are non-refundable and there is no guarantee, express or implied, as to the success or failure of posted items to sell.
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (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.
Liability
You will not hold GoNellie.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are simply offering a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more users, you release us (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, arising out of or in any way connected with such disputes.
Access and Interference
Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to GoNellie.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
· take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
· copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of GoNellie.com and the appropriate third party, as applicable;
· interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites
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 the GoNellie.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 the GoNellie.com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on GoNellie.com's national registered agent (in the case of GoNellie.com) or to the email address you provide to GoNellie.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and GoNellie.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GoNellie.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 going to the About Customer Support help page. 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 Ohio as they apply to agreements entered into and to be performed entirely within Ohio between Ohio residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GoNellie.com must be resolved by a court located in Stark County, Ohio, 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 Stark County, Ohio 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 GoNellie.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, GoNellie.com may recover attorneys' fees and costs up to $1000, provided that GoNellie.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Copyright 2009, GoNellie.com. All Rights Reserved. Designated trademarks and brands are the property of their respective owners.
User of this website constitutes acceptance of the GoNellie Terms and Conditions and Privacy Policy.
