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Home > Help > User Agreement | 4Sale4Now
User Agreement
Rev. Date 10/1/2008.
Welcome to 4Sale4Now, Inc.'s ("4Sale4Now") online buying and selling community (the "Website"). The following User Agreement describes the terms and conditions applicable to your use of the 4Sale4Now Website and participation in the online auctions facilitated by the Website. This User Agreement is entered into between you and 4Sale4Now and constitutes a binding agreement.
Before you may become a registered user of this Website, you must read and accept all of the terms and conditions of this User Agreement, which includes 4Sale4Now's Privacy Policy and Terms of Use as well as any other policies and guidelines incorporated herein by reference.
By registering to use the Website, you accept and agree to the terms and conditions of this user agreement. If you do not agree to accept this User Agreement, you may not access or otherwise use the services provided by 4Sale4Now or the Website.
4Sale4Now reserves the right to modify or amend this User Agreement at any time. Notice of changes to User Agreement will be communicated to you in advance and following such changes you may be asked to confirm your acceptance of the modified User Agreement before your next participation in an auction. All changes will be effective immediately upon their implementation. Material changes will be conspicuously posted on this Website. You agree that by accessing or using the 4Sale4Now Website without any objection following posting of such changes, constitutes your acceptance of the revised terms.
1. 4SALE4NOW IS ONLY A VENUE
Although 4Sale4Now refers to this Website as an “auction” site, 4Sale4Now is not a traditional “auctioneer.” This Website is a venue that allows sellers ("Sellers") to offer items for sale and invites buyers ("Buyers") to purchase the items, whereby the price of the item may be repeatedly discounted by a given amount over a time frame set by the Seller until all of the items have sold, the price has reached the Seller's base price, or the time allotted for the sale has expired.
4Sale4Now is only a venue to bring Buyers and Sellers together. 4Sale4Now does not transfer legal ownership of an item from the Seller to the Buyer. 4Sale4Now is not involved in the actual transaction between the Buyer or Seller and offers NO WARRANTY, express or implied on any item sold in connection via the Website. Any express or implied warranties provided for an item are made by the Seller and as a Buyer you should ask the Seller for a copy of any such warranties, if any are provided. 4Sale4Now has no control over the quality, safety or legality of the items posted on this Website or the truth or accuracy of the item listings.
It is your responsibility to understand the terms and conditions of any offer for sale before participating in an auction as either a Buyer or Seller.
Delivery of any item purchased with the assistance of this Website will take place upon terms and at a place and time mutually agreed upon by the Buyer and Seller. As a Buyer, unless you and the Seller agree otherwise, you will become the lawful owner of the item upon physical receipt of the item from the Seller.
2. REGISTRATION AND ELIGIBILITY
The venue provided by the 4Sale4Now Website is available only to registered users and is not available to children (persons under the age of 18), unless under the supervision of a parent or legal guardian. The Website may also not be available to you if your registration has been temporarily or indefinitely suspended or terminated.
To register you must provide your e-mail address and create a password, along with submitting the following information: name, physical address, shipping address, telephone number, and date of birth. All registration information is subject to 4Sale4Now’s Privacy Policy .
You will need an email address, user ID, and password to access your account and to use the venue provided on the Website. You are responsible for all activity that takes place under your user ID. It is your responsibility to maintain the confidentiality of your password. If you become aware of any unauthorized use of the Website using your password or account, you must notify 4Sale4Now immediately at : contactus@4sale4now.com.
You may not transfer, assign, or sell your account to any third party. You must provide accurate and current information to us to open and maintain your account. If you provide any information that is false, misleading, inaccurate, or outdated, 4Sale4Now may suspend or terminate your account and deny you access to the Website.
If you are using or registering with this Website on behalf of a business entity, you represent and warrant to 4Sale4Now that you have the requisite authority to bind such business entity to this Agreement.
3. USING THE 4SALE4NOW WEBSITE
Your use of the 4Sale4Now Website is subject to the Terms of Use. You enter into any business transactions via this Website at your own risk and sole discretion.
All offers to purchase are final once submitted, unless there is a material inaccuracy or misrepresentation as explained below. All sales and delivery disputes are to be settled directly between the Buyer and the Seller.
4Sale4Now does not control the content or information provided by other users and made available through the Website. You understand that you may find content and information provided by other users to be offensive, harmful, inaccurate, or deceptive. You further understand that there is the risk of dealing with underage persons and people acting under false pretenses and that there may also be risks dealing with international trade and foreign nationals. In accessing the 4Sale4Now Website, you agree to assume all such risks and that 4Sale4Now is not responsible for the acts or omissions of users on the 4Sale4Now Website.
4Sale4Now uses many techniques to verify the accuracy of the information our users provide us when they register for a 4Sale4Now account. However, because user verification on the Internet is difficult, 4Sale4Now cannot and does not confirm each user's purported identity. In accessing the 4Sale4Now Website, you agree it is your responsibility to evaluate with whom you are dealing and that 4Sale4Now is not responsible for the acts or omissions of users on the 4Sale4Now Website.
If 4Sale4Now determines, in its discretion, that you have failed to comply with the terms of this User Agreement, 4Sale4Now has the right, in addition to all other available remedies, to (i) investigate the failure, and/or (ii) suspend or terminate your account and access to the Website.
4. FEES AND SERVICES
4Sale4Now charges commissions and fees for the provision of the Website as set forth in the current rate and fee table. Click here and then on fee schedule to view our current fees and pricing.
5. CONTENT
When you provide content to 4Sale4Now, in the form of information on an item for sale or otherwise (collectively "User Content") you are granting 4Sale4Now a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, post, display, copy, modify the format of, reproduce, and distribute such User Content as necessary to maintain the Website, manage the auction and conduct the business anticipated by this Agreement.
4Sale4Now is not responsible for and shall have no liability for, for any User Content, including defamatory, offensive or illicit material and that risk of damages from such material rests entirely with you.
You are solely responsible for any of your User Content and shall indemnify, defend and hold harmless 4Sale4Now and its officers, directors, employees, affiliates, representatives and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising from any third party claim or allegation that the User Content infringes any patent, copyright, trade secret, privacy, trademark or other proprietary right of such third party.
4Sale4Now reserves the right to take down or not otherwise allow items for sale or other User Content that is unlawful, offensive or otherwise impermissible in our sole discretion.
4Sale4Now has no liability for errors in your User Content.
6. PARTICIPATION IN ONLINE AUCTIONS - BUYERS
When, as a Buyer, you submit a offer to purchase, or otherwise make an offer to buy an item on the Website, you have extended an offer to the Seller to meet the requirements specified in the offer for sale, including, but not limited to price, payment terms, shipping terms, and payment method. In submitting a purchase order, you agree that(i) you will not use an alias to place false offers for sale, or to otherwise provide false information on the Website and (ii) you will purchase the item according to the terms of the offer for sale.
When an offer to purchase has been accepted, the Seller will notify 4Sale4now within twenty-four (24) hours that a sale has occurred. 4Sale4Now will then notify you and provide the Seller with your contact information.
In the event of a material inaccuracy or misrepresentation in a purchase order, you must contact 4Sale4Now immediately at contactus@4sale4now.com to retract the offer. Failure to contact 4Sale4Now in a timely manner may result in the Seller accepting the mistaken offer. 4Sale4Now does not make any guarantees that a purported retraction of a mistaken offer to purchase will prevent acceptance by the Seller of the mistaken offer to purchase. In participating in a sale, you agree that it is your responsibility to ensure that your offer to purchase is free from errors before the offer to purchase is submitted and that 4Sale4Now is not responsible if a offer to purchase containing errors is accepted by a Seller.
As a Buyer, you grant 4Sale4Now permission to charge the credit card or debit card provided by you during the registration process for the total sale price, plus fees, shipping or handling, and any taxes, once you made an offer to purchase an item that has been accepted by a Seller. The charge will be paid to 4Sale4Now and held in a bank account owned by 4Sale4Now until such time that the Seller has confirmed shipment of the goods. At no time will 4Sale4Now provide your credit card or debit card information to the Seller.
In order to protect the safety of our members and maintain the security of all purchases, 4Sale4Now requires that Buyers not engage in the transfer of private information or funds directly to Sellers. 4Sale4Now cannot provide support or assistance to buyers that ignore this direction and choose to engage directly with sellers.
4Sale4Now employs various technologies and methods to minimize disruptions to the sale process. However, 4Sale4Now cannot and does not guarantee that your experience will be free from technical difficulties or will meet your needs or expectations. you agree that 4Sale4Now is not responsible if a Seller fails to receive an offer of purchase made by you due to technical difficulties or maintenance of the Website.
7. PARTICIPATION IN ONLINE AUCTIONS - SELLERS
When, as a Seller, offer an item for sale, or otherwise solicit the purchase of items on the Website, you extend an irrevocable offer to the Buyer to sell the item according to the terms of the sale as stated at the time the offer to sell is made, including, but not limited to, providing the goods or services requested on the terms and conditions specified. Once you have received an offer to purchase, you may not retract or modify your offer to sell unless the posted offer to sell contained a material inaccuracy or misrepresentation, or the identity of the Buyer cannot be authenticated. In bidding on an RFB, you agree that you will not use an alias to falsely place an item for sale, or otherwise provide false information on the Website.,
4Sale4Now employs various technologies and methods to minimize disruptions to the sale process. However, 4Sale4Now cannot and does not guarantee that your experience will be free from technical difficulties or will meet your needs. In using the Website, you agree that 4Sale4Now is not responsible for offers to purchase not being processed or received by you due to technical difficulties or maintenance of the Website.
As a Seller, you grant 4Sale4Now permission to charge the credit card or debit card provided by you at the time of your registration for any applicable fees or charges once you have accepted an offer to purchase an item and the order has been confirmed. At no time will 4Sale4Now provide your credit card or debit card information to the Buyer.
Your listing price must include any and all applicable fees and taxes. As a Seller, you are solely liable for any applicable fees and taxes associated with use of the 4Sale4Now services and any sales transaction that you enter into and will indemnify 4Sale4Now for any such liabilities that arise from your use of the 4Sale4Now services.
Sellers shall not include personal contact information within the listing description. This may include, but is not limited to Name, Telephone Number, Email Address and/or Physical Address.
9. REPRESENTATION AND WARRANTIES - SELLER'S
As a Seller, you represent and warrant that (i) all information provided in an offer for sale shall be accurate and complete, (ii) that no goods provided by you in connection with an offer to purchase or posted on the Website shall be fraudulent, counterfeit, or illegal in any manner, (iii) no User Content provided by you will infringe the intellectual property or any other proprietary right of any third party, (iv) that you have the right and authority to make an offer for sale and to provide the goods as described in your offer for sale, (v) that the fulfillment of an offer for sale in response to an offer to purchase shall not violate any applicable law, statute, ordinance, or regulation or contract to which you are a party, and (vi) your activities on the Website will be in good faith and in accordance with applicable laws.
8. REPRESENTATION AND WARRANTIES - BUYER'S
As a Buyer, you represent and warrant that (i) all information provided in response to an offer for sale shall be accurate and complete, (ii) no information or User Content provided by you shall be misleading, unlawful or fraudulent, (iii) no User Content provided by you will infringe the intellectual property or any other proprietary right of any third party, (iv) you have the right and authority to post an offer to purchase in response to a posted offer of sale, (v) that the posting an offer to purchase shall not violate any applicable law, statute, ordinance or regulation or contract to which you are a party, and (vi) your activities on the Website will be in good faith and in accordance with applicable laws.
10. DISPUTE RESOLUTION
This Agreement is governed by the laws of the United States and the State of Illinois, without regard to any conflict of laws provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement. Venue for any dispute arising under this Agreement shall be proper exclusively in Cook County, Illinois. In the event of any dispute the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs.
If any provision of this Agreement is deemed unenforceable or invalid by a court or arbitrator, including, without limitation, the provision on warranty disclaimers or the provision on the limitation of liability, then the court or arbitrator making such determination shall modify such provision to the minimum extent necessary so as to make it enforceable and valid; but if this cannot be done then the provision shall be severed and the remaining terms will be interpreted to give them maximum enforceability. A waiver or modification of any provision of this Agreement will be effective only if in writing and signed by 4Sale4Now. Nothing in these Terms of Use shall imply or create any type of joint venture, partnership, employment or agency relationship between you and 4Sale4Now as a result of this Agreement.
Any controversy or dispute arising out of or relating to this Agreement must be resolved by binding arbitration before a sole arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) calendar days of a written request for arbitration, an arbitrator will be selected pursuant to the rules and procedures of the American Arbitration Association (AAA). Either party may seek from any court interim or provisional relief that is necessary to protect the rights or property of that party, pending the appointment of the arbitrator or pending the arbitrator’s determination of the merits of the controversy.
11. NO WARRANTY
The features and services of the 4Sale4Now Website are provided on an "as is" basis and 4Sale4Now disclaims all warranties, express or implied, with respect to this Website, and any User Content posted on this Website, and to any information available on this Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
4Sale4Now makes no warranty or representation regarding the results that may be obtained from this Website, or the accuracy or reliability of any information obtained from the Website, or that any information will meet any of your requirements, be uninterrupted, timely, secure, or error-free. 4Sale4Now is not responsible for the timeliness, deletion, misdelivery or failure to store any of your communications, including without limitation, any User Content you may submit or attempt to submit.
Any material downloaded or otherwise obtained through the Website is done solely at your discretion and risk. You are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from 4Sale4Now or through or from the Website shall create any warranty not expressly stated herein.
12. LIMITATION OF LIABILITY
In no event will 4Sale4Now or any of its officers, affiliates, directors, advisors, representatives, or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including without limitation damages: (1) for loss of use, data, information, profits or business interruption; or (2) arising out of or in any way related to (a) the use or performance of this Website or any linked site, (b) any products, services or information obtained through this Website, (c) for the inability to use the Website, or (d) otherwise arising out of the use of this Website. This limitation applies whether based in tort, contract, negligence, strict liability or otherwise, and even if 4Sale4Now has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue using this Website even if such remedy should fail of its essential purpose.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you.
13. RELEASE AND INDEMNIFICATION
Because 4Sale4Now is not a party to the purchase or sale of any item that is the subject of an auction, in the event that you have a dispute with one or more Buyers or Sellers arising from any communications, negotiations, transactions or other activities conducted or initiated through this Website, you release 4Sale4Now and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You hereby expressly waive the application of California Civil Code Section 1542 and any other similar statute that provides for the unenforceability of any general release as to claims which you do not know or suspect to exist at the time of executing this release.
You agree to indemnify, defend and hold harmless 4Sale4Now, its officers, affiliates, directors, advisors, employees, representatives, and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising from your use or misuse of the Website, or the violation of this Agreement, including without limitation, your infringement of any intellectual property or other right or policy of any person or 4Sale4Now.
4Sale4Now reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you shall cooperate with 4Sale4Now in asserting any available defenses.
14. PRIVACY
By agreeing to this User Agreement you are also agree to the use of your personal and other information in accordance with the 4Sale4Now Privacy Policy.
15. GENERAL
You acknowledge that this User Agreement is a valid and binding agreement and the physical act of your clicking your agreement to this User Agreement constitutes your binding signature. To the fullest extent permitted by law, this User Agreement and any other documentation, agreements, notices or communications between you and 4Sale4Now regarding this Website, your account, or your use of this Website, may be provided to you electronically by posting them on the Website or sending them to the e-mail address you provide to 4Sale4Now. You agree to receive all such documentation, agreements, notices or communications in electronic form. Please print a copy of all such documentation, agreements, notices or communications for your reference.
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, legal notices shall be served on 4Sale4Now's national registered agent or to the email address you provide to 4Sale4Now when registering, as applicable. Notice shall be deemed given 24 hours after an email is sent, unless 4Sale4Now is notified that the email address is invalid. Alternatively, 4Sale4Now 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.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In the sole discretion of 4Sale4Now, 4Sale4Now may assign this User Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of 4Sale4Now to act with respect to a breach by you or others does not waive 4Sale4Now's right to act with respect to subsequent or similar breaches.
16. DISCLOSURES
This Website and the services hereunder are offered by 4Sale4Now.com., located at 1051 East Main Street, East Dundee IL, 60118. You may have this information e-mailed to you by sending a letter to the foregoing address, including your e-mail address and a request for this information.
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