Terms and Conditions of Auction
- GENERAL: The NarrowWebExchange.Com website (hereinafter the “Website”) is maintained to provide users (hereinafter “You” or “Your”) a direct buyer-to-seller, on-line, virtual marketplace to facilitate the listing of, and bidding on, used equipment including data and information about equipment listed on the Website. By bidding, buying, listing, selling, browsing, viewing, or in any way accessing any part of the Website, You agree to accept and be bound by all of the terms and conditions without limitation or qualification. If You do not accept the terms and conditions, You may not use the Website in any manner for any purpose. NarrowWebExchange.Com may change the terms and conditions from time to time without specifically notifying You; the latest terms and conditions will always be posted at the Website and Your continued usage of the Website confirms Your continued assent to and agreement to be bound by the terms and conditions.
- LISTING INFORMATION: All sellers warrant to NarrowWebExchange.com and all users that all information sellers provide, including details of seller’s identity, location, assets, description of items, and any other information in relation to any goods listed on the Website will be complete and accurate. Sellers by listing an item for sale on the Website represent and warrant that they possess unencumbered title to the goods being listed, that they have the authority to sell said items.
- CREDIT: In order to place bids, buyers must supply valid credit card information in advance of submitting any bids. Internet bids will only be accepted from pre-registered bidders.
- BIDDING: Bidding on an item indicates your intent to purchase that item and is considered a legally bidding contract between You and the seller of the item. Bids cannot be cancelled once they are submitted. Upon receiving notification that You are the winning bidder, You are obligated to purchase the item and pay the Buyer’s Fee as well as the final sales price. ALL SALES ARE FINAL. You are legally obligated to pay for Your item per the terms of the seller if You are the high bidder at the close of auction. If You do not pay for Your item, you will not receive a refund of Your Buyer’s Fee, You may be prohibited from future use of the Website. Any person or entity using the Website and/or participating in an auction or fixed price listing agrees to be bound by and accepts these terms and conditions of auction. If an entity places a bid, the person executing the bid on behalf of the entity represents and warrants that he/she has the legal capacity and authority to act on behalf of the entity and further, said person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.
- BUYER’S FEE: All bids are subject to a Buyer’s Fee which is in addition to the placed successful bid. The Buyer’s Fee is five (5%) percent of the final winning bid sales price. All buyers are required to have registered a credit card before they bid or buy. The Buyer’s Fee will be charged to the buyer’s registered credit card up to but not to exceed One Thousand and 00/100 ($1,000.00) Dollars. In the event the Buyer’s Fee is in excess of $1,000.00, the balance of the Buyer’s Fee will be invoiced to the buyer and payment for said balance due shall be made to NarrowWebExchange.com via check or wire transfer.
- PAYMENT: All sales are strictly for cash in United States dollars. Acceptable methods of payment are certified check, cashier’s check, money order, company check, or wire transfer. Immediately upon buyer winning the item, seller will receive an email with instructions along with a link to allow seller to contact the buyer directly. Seller will at that time receive instructions to send buyer the information needed for completion of the sale and payment of proceeds. At the same time, buyer will receive an email with instructions and a link to contact seller. Buyer will be instructed to send seller a request for any invoice, bill of sale or other documentation required by buyer. Title shall not pass to buyer until all invoices are paid in full in good funds.
- DELIVERY, SHIPPING AND HANDLING CHARGES: Buyer is liable for all shipping, handling, and delivery costs or fees. It shall be the responsibility of buyer to communicate with seller via the Website’s communication system to arrange pick up or shipping of the item, in a timely manner (within ten (10) days) after payment in good funds for the merchandise and any shipping, handling or delivery charges is received. All communications between buyer and seller in connection with any listing shall be conducted via the Website’s communication system. Any outside communication between buyer and seller regarding a listing is prohibited.
- DENIAL OF SERVICE: NarrowWebExchange.com reserves the right to refuse service to or access of the Website by anyone, for any reason including but not limited to violation of these terms and conditions or any actions or conduct including but not limited to those in violation of these terms and conditions and/or other misconduct or potential abuse.
- DISCLAIMER: EXCEPT AS SPECIFIED HEREIN, THE SERVICES AND/OR PRODUCTS LISTED FOR SALE ON THIS WEBSITE ARE PROVIDED SOLELY ON AN "AS IS" BASIS. NARROWWEBEXCHANGE.COM, LLC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PRODUCTS/SERVICES ARE SUFFICIENT FOR YOUR PURPOSES.; NARROWWEBEXCHANGE.COM, LLC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE PRODUCTS/SERVICES CONTAINED OR LISTED FOR SALE ON THE WEBSITE.
- LIMITATION OF LIABILITY: NARROWWEBEXCHANGE.COM, LLC SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF PURCHASING OR SELLING ITEMS ON THIS WEBSITE. IN NO EVENT SHALL NARROWWEBEXCHANGE.COM, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF NARROWWEBEXCHANGE.COM, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD SITE OWNER HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST NARROWWEBEXCHANGE.COM, LLC, ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS WEBSITE.
- MISCELLANEOUS: NarrowWebExchange.com may discontinue or change the Website at any time. This Agreement is governed by the internal substantive laws of the State of Wisconsin, without regard to its conflict of law principles. Venue for any claims arising under this Agreement shall lie exclusively in Waukesha, Wisconsin or in the District Court in the Eastern District of Wisconsin. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the validity of the remaining provisions of this Agreement shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. These Terms and Conditions of Auction, together with the terms and conditions of Website Use Agreement, constitute the entire agreement between You and NarrowWebExchange.com.
PLEASE READ THESE TERMS CAREFULLY.
If you do not accept the terms stated here, do not use the Website. This Agreement contains the complete terms that apply to your use and participation, and by using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Website. If you find changes in these terms that are unacceptable, you should discontinue your use of the Website. Your right to use the Website will terminate immediately, without any further action by NarrowWebExchange.com, if you breach any terms of this Agreement.
Section 1. General Terms – Content and Communications
(a) The Website is a venue to provide users a direct buyer-to-seller, on-line, virtual marketplace to facilitate the listing of, and bidding on, used equipment including data and information about goods and equipment listed on the Website. The Website may contain inaccuracies or typographical errors. The Website may also contain third party advertisements. Advertisements posted on the Website may have inaccurate dates or may have expired. NarrowWebExchange.com does not have control over third party advertisements, sales, offers, promotions and related information published on the Website. Any decisions you make facilitated through the Website are strictly on your own. The use, posting, distribution, or publication of any content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by NarrowWebExchange.com, nor an assurance of legality, quality or safety by NarrowWebExchange.com. NarrowWebExchange.com shall not be responsible for any third-party advertisements, offers, sales, or purchases. Prices and details of third-party advertisements, promotions, specials and sales may significantly vary from that posted on the Website. Users should confirm the accuracy of the third-party advertisements directly with that third party.
(b) NarrowWebExchange.com reserves the right to expel users and prevent their further access to the Website for violating the Agreement or the law. Parents and guardians are solely responsible for use of this site by their children under the age of eighteen.
Section 2. Copyright and Trademark
(a) Copyright; Prohibition Against Copying. The contents of the Website, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), or content provided through the Website (the “Material”), are protected by copyright under both United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark and other laws. Regardless of the extent to which the Material is protected by copyright, you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by NarrowWebExchange.com. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on any other Website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of NarrowWebExchange.com, is prohibited.
(b) NarrowWebExchange.com is a trade name and trademark of NarrowWebExchange.com. LLC and may not be used by the user in connection with any product or service that is not offered by NarrowWebExchange.com, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits NarrowWebExchange.com.
Section 3. Disclaimer of Liability
(a) NarrowWebExchange.com, LLC does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website results in the need for servicing or replacing equipment or data, NarrowWebExchange.com, LLC is not responsible or liable for those costs. NarrowWebExchange.com, LLC does not guarantee continuous, uninterrupted or secure access to the Website, and numerous factors outside of NarrowWebExchange.com, LLC’s reasonable control may interfere with operation of the Website. The Website may contain links to third-party Websites. These links, if any, are provided solely as a convenience to you and not as an endorsement by NarrowWebExchange.com, LLC of the content on such third-party Websites. NarrowWebExchange.com, LLC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk.
(b) The Website and the listings included on the Website are provided without any warranties of any kind. NarrowWebExchange.com, LLC makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the listings, content, services and links. Use of the Website is at your own risk.
Section 4. Limitation of Liability
(a) In no event shall NarrowWebExchange.com, LLC, its members, managers, affiliates, agents, suppliers, partners, information providers, and their respective employees, contractors and agents or any third parties mentioned at the Website be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use of or inability to use the Website, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not NarrowWebExchange.com, LLC or such other parties are advised of the possibility of such damages. In no event shall NarrowWebExchange.com, LLC be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Website or any of its content.
(b) Each party recognizes and agrees that the warranty disclaimers, liability and remedy limitations in this agreement are material bargained for basis of this agreement to use the Website and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement to use the Website pursuant to the terms and conditions.
Section 5. Indemnity and Release
(a) As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold harmless NarrowWebExchange.com, LLC, and its members, managers, owners, employees, agents, partners, information providers, and affiliates (collectively, the “Indemnified Parties”) from and against any and all damages, liability, claims, actions, demands and costs in connection with any claim arising out of this Agreement and the use as well as contents of the Website, including, reasonable attorney’s fees and costs.
(b) If you have a dispute involving the Website with a third-party, you agree to release NarrowWebExchange.com, LLC from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of the use and contents of the Website.
Section 6. Miscellaneous