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Nick of Time User Agreement
This is the Nick of Time user agreement describing the terms and conditions applicable to your use of our services available under the domain of http://www.mynickoftime.com (the "Site" or “Our” or “We”) Use of this Site means that you (the “Customer,” a registered user or, in some instances, browser) agree to be bound by the terms and conditions of this Agreement.
This Agreement may be altered and amended at any time. Any changes are effective immediately. Customer’s use of the Site means that Customer accepts the terms of the agreement. This Agreement is effective upon acceptance in registration for new registering users and upon commencement of browsing by browsers.
Membership Eligibility:
To use the Site’s services, the Customer must be able to form legally binding contracts. No one under 18 is allowed to use the Site. Children under 18 may only use the site under the supervision of a parent or parental guardian, or along with them. Suspended members are also not allowed to use the site. Moreover, the Customer’s Nick of Time account and User ID may not be transferred or sold to any other party/ies.
Fees and Services:
Although joining and bidding on items at Nick of Time is free, there are fees for selling items for sale through our Site. We reserve the right to change our fees and for our services from time to time, and any changes, when posted on the website, are effective immediately. The same thing goes for any temporary changes to any aspects of our site, such as with limited-time promotions. We may in our sole discretion change some or all of our services at any time. Any fees for new and old services are effective from the moment we introduce 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 the Site and all applicable taxes.
Nick of Time provides a venue that allows anyone to offer, sell, and buy just about anything, at any time, from anywhere. We are not involved in the actual transaction between buyers and sellers, nor are we responsible for any aspects of the buyer/seller transaction, including but not limited to the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the Uniform Com. 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.
Identity Verification:
Although we use various avenues to make sure that information provided by users is accurate, Nick of Time cannot and does not confirm each user's identity. Thus, we have established a user grading system to help you evaluate with whom you are dealing.
Release:
Because we are a venue, not a seller or auctioneer, in the event that you have a dispute with one or more users, you release Nick of Time (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Control of Information by Users:
Nick of Time does not control any and all information provided by other users in the process of posting, buying, selling, and all other activities related to use of our Site. We are therefore not responsible, nor do we endorse, any of the information posted by users on our site, including information that may be offensive, harmful, inaccurate, or deceptive. By using this Site, you agree to accept any risks incurred in using Nick of Time. Nick of Time is not responsible for the acts, omissions, comments, and any and all activities of Site users.
Payment:
Upon using the Site, you agree to use the site according to the material stipulated in the Help section of the site. You agree to pay any charges related to selling. Buyers are responsible for paying sellers any and all charges. You agree that you must understand and be aware of the way the Site is used and the methods of buying and selling, as well as prices. If you have any questions, you can contact us according to the Contact Us information on the website.
Bidding and Buying:
Buyers are obligated to complete transactions with the sellers if they use the Blind Auction bidding and Inverse Auction methods available through Nick of Time once the bid is, in the first case, accepted by the seller and, in the second case “locked,” unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description, as long as those conditions of sale are not in violation of this Agreement or unlawful. You, the buyer, become the item's lawful owner upon physical receipt of the item from the seller. Bids are binding at all times except in exceptional circumstances, such as when the seller materially changes the item's description after you bid; a clear and material typographical error is made or you cannot authenticate the seller's identity: If you choose to bid on mature audience items or items restricted to adult use, you are certifying that you have the legal right to purchase such items.
Listing and Selling:
Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. Item(s) put up for sale, as well as their terms of sale, must be included on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.
If you receive at least one bid at or above your stated minimum price in the case of Blind Auction or the winning bid in the case of a Inverse Auction, you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, 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.
Wrongdoing:
Without limiting any other remedies, Nick of Time may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Neither you, nor any bidders nor sellers, may manipulate the price of any item nor may you interfere with other user's listings or transactions.
Customer Information:
"Customer Information" is any information you provide Nick of Time when you register, bid or list material anywhere on the Site or through email. You are solely responsible for Customer Information. Nick of Time is not responsible for any information you may transmit through any of the above areas, and does not endorse or approve of any information thus transmitted. We simply conduct the information and offer a venue for you to buy and sell goods, as described throughout this agreement and in the Help section of our website.
Customer Information (or any items listed) and your activities on the Site shall not be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement; are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; are concurrently listed for sale on a web site other than Nick of Time's ;or you do not have a right to include. Furthermore, you may not list any item on the Site (or conclude 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, or that constitutes any of the prohibited items and types of items described above.
License:
Solely in order to enable Nick of Time to use the information you supply us with in a way that makes sure 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, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Nick of Time will only use Your Information in accordance with our Privacy and Security Policy.
Access and Interference:
You agree that you will not take any action that places a disproportionately large load on our infrastructure; copy and/or modify in any way and to any extent any material (except for Your Information) from the Site without the prior express permission from Nick of Time and the appropriate third party, as applicable; interfere with the working of the Site or bypass any measures we may use to prevent or restrict access to the Site.
Breach:
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy:
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy and Security Policy. We view protection of users' privacy as a very important principle.
No Warranty:
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Liability Limit:
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO WHAT WOULD BE THE FEE CHARGED BY Nick of Time FOR THE ITEM IF SOLD THROUGH THE SITE, WHATEVER that MAY BE AT THE TIME ANY DAMAGE OCCUR.
Indemnity:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legality of Behavior:
You shall comply with all applicable domestic and international 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:
You and Nick of Time are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices:
Unless stated otherwise, any notices shall be given by postal mail to Nick of Time at the address available in the Contact Us section of the Site or (in the customer’s case) to the email address you provide to Nick of Time. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. We may also contact you via any required information you give us during the registration process, in which case notice shall be deemed given 3 days after the date of mailing.
Disputes Resolution:
All disputes that may arise between the Customer and Nick of Time shall be resolved in the most cost effective way. By using the Site, you agree that any claim or controversy at law or equity shall be resolved in the County of Broward, State of Florida and utilize Broward County, State of Florida law.
Accuracy of Customer Information:
By using Nick of Time, you certify that all information placed by you in every part of the site is truthful, accurate, and up-to-date. This includes but is not limited to information you provide Nick of Time when you register and, if you are selling, as part of your item listing information. You are also responsible for keeping your personal registration information up-to-date and valid. Nick of Time reserves the right to terminate or suspend your account and your ability to use Nick of Time at a future date should you fail to comply by any of the above specified. Nick of Time may at our discretion prevent any transaction between buyer and seller from being completed in which Nick of Time deems that buyer, seller or both have inaccurate or dated information on file with Nick of Time.
General:
This Agreement shall be governed by the laws of the State of Florida. We do not guarantee continuous, uninterrupted or secure access to our services. At time, factors outside the control of Nick of Time interfere with the operation of the Site, and Nick of Time is not liable for any effects resulting from any such situations. 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. All sections and information shall survive any termination or expiration of this Agreement.
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