1. TERMS AND CONDITIONS ElevatorGear.com’s terms and conditions are intended to make ElevatorGear.com a safe place for people to buy, sell and trade their new, old or excess elevator components. ElevatorGear.com is a FREE site to all registered users as long as the following terms and conditions are agreed to. Where ElevatorGear.com is named in the terms and conditions below ElevatorGear.com is a Limited Liablity Corporation. 1. 1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which ElevatorGear.com offers you access to the services and the web site. By registering as a member of ElevatorGear.com you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services. 2. 1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by ElevatorGear.com from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended. Terminology: In these terms and conditions, the following expressions have the meanings set out:
'item(s)' means goods that may be bought or sold through the auction or classified process;
'member' means a registered member of ElevatorGear.com;
'services' means any one or more of the services offered by ElevatorGear.com from time to time, including online auctions, classifieds and any other service that ElevatorGear.com may offer;
'we', 'us' and 'our' are a reference to ElevatorGear.com an LLC
'you' and 'your' are a reference to you;
'web site' means any ElevatorGear.com web site through which the services are offered;
and
'listing' means a listing on the web site through which you offer, negotiate and buy or sell any item, whether by auction or classified.
2.SPECIFIC WARNINGS
1. 2.1 The services: ElevatorGear.com provides a venue to introduce members who want to buy and sell items. ElevatorGear.com does not take any part in the sale of items other than by providing our web site as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. As a result, even though some of the services are being referred to as an auction, ElevatorGear.com is not an auctioneer. 2. 2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that ElevatorGear.com takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. ElevatorGear.com gives no undertakings, representations, or warranties in relation to items sold or listed on the web site, including: ownership of any item; the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site; the accuracy or truth of listings; the suitability of an item for your requirements or expectations; or the ability of members to complete a transaction.
2.3 Disclaimer: You expressly understand and agree that: your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting Clause 2.2, ElevatorGear.com disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; ElevatorGear.com does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the web site is error-free or reliable; no advice or information that is obtained by you from ElevatorGear.com or anyone else shall create any warranty by ElevatorGear.com that is not expressly stated in the terms and conditions; and responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute ElevatorGear.com's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of ElevatorGear.com to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. ElevatorGear.com's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of ElevatorGear.com's web site, your sale or attempted sale of an item prohibited under clause 4.2(c), or arising out of any content or item you submit, post, transmit, or make available through the services. 2.6 Breach: Without limiting any other rights and remedies available to ElevatorGear.com, ElevatorGear.com may limit your activities on the web site, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where ElevatorGear.com considers it appropriate. 2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items List and Listing Policies form part of these terms and conditions.
3. BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in the United States or Canada and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract. 3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by ElevatorGear.com to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). ElevatorGear.com may phone or mail you to verify these details. 3.3 Termination of membership: ElevatorGear.com reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, ElevatorGear.com may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. 3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: not to permit any other person to use your user name or membership; and not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.
4. GENERAL RULES 4.1 General All listings, bids or communications made through ElevatorGear.com shall be made in good faith. You must not attempt to damage, interfere with or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature for any purpose. You must list auctions and classifieds in US dollars. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). Contracts for the sale of companies, elevator service contracts must be in writing to be legally enforceable. We recommend that, after the seller accepts the highest bid for companies and elevator maintenance contracts via the services, you and the other member should agree in writing on the price and terms of sale for the company or elevator maintenance service contract or after each of you has obtained independent legal advice.
4.2 Your obligations as a seller Sellers must be located in the United States or Canada. Sellers outside of The United States or Canada are not permitted to sell on ElevatorGear.com. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only and that category must be the most appropriate category for your item. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services or any of the banned or restricted items on the site. In the case of elevator equipment that is offshore or in transit to the United States or Canada you must hold clear proof of ownership of such equipment before listing them. You must also clearly indicate that such equipment is offshore or in transit in the listing. You must not sell illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item the sale of which is prohibited by, or violates, any law. You are responsible for ensuring that any item listed by you does not breach this clause 4.2(d). You agree that ElevatorGear.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time. ElevatorGear.com classifieds may be used by individuals or businesses to sell specific items only and must not be used for multiple or generic item listings. Your listing may not contain a URL for a website that contains further information on the item you have listed. You must not use the services or the web site to sell items that are of a speculative nature including, but not limited to pyramid, surf-for-free, or similar schemes. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success. For classifieds, you may choose to sell to any buyer at your discretion. Listings are not pre-screened for content. ElevatorGear.com reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. You must promptly forward the listed item to the successful buyer on completion of the transaction. You must not charge unreasonable amounts for shipping and packaging costs. ElevatorGear.com is not a registered car dealer. If you are selling a motor vehicle on ElevatorGear.com, ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest.
4.3 Your obligations as a buyer You must be located in the United States or Canada to buy on ElevatorGear.com. People outside of the United States or Canada are not permitted to purchase items on ElevatorGear.com. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction. You must make full and prompt payment for an item bought by you. You agree to your username and the amount of your bid being publicly shown on the ElevatorGear.com website. If your bid is successful and you do not pay for the item, you will receive a warning from ElevatorGear.com if the seller complains about you. After three such complaints, ElevatorGear.com may suspend or terminate your membership. You may not bid on an auction that has been listed by a family member, roommate, friend or any member that is personally known to you, in order to raise the price of that auction. You also may not contact another member either with the intent to raise the price of that auction.
4.4 Feedback Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. ElevatorGear.com reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction. You must not post feedback about yourself or include any contact details or personal information in your feedback. Feedback is provided for the sole purpose of facilitating trading between members on the ElevatorGear.com web site. You must not market or export any feedback to any venue other than the ElevatorGear.com web site. Linking to your ElevatorGear.com feedback from other buying and selling websites will be considered a breach of our terms and conditions.
5. FEES AND ACCOUNTS
5.1. ElevatorGear.com Listing Fees and Success Fees
ElevatorGear.com at this time does not charge fees for the use of the web site as a venue. At this time this is a free service that we plan on keeping free for as long as financially possible. If ElevatorGear.com decides to start charging fees we will provide a three month notice before fees go into effect. Our number one goal for ElevatorGear.com is to create and maintain a FREE online markeplace for elevator equipment. To help offset the costs associated with ElevatorGear.com we do plan on offering banner advertising on the site.
6. GENERAL PROVISIONS 6.1 System Integrity: ElevatorGear.com will use reasonable efforts to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, ElevatorGear.com takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, ElevatorGear.com assumes no responsibility for the corruption of any data or information held by ElevatorGear.com. 6.2 Resolution of disputes: As ElevatorGear.com is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, ElevatorGear.com in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided. 6.3 Force Majeure: Without prejudice to clause 2.3(a), ElevatorGear.com has no liability for any lack of performance, unavailability or failure of the services or the web site or for any failure of ElevatorGear.com to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of ElevatorGear.com. 6.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. 6.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 6.6 Governing Law: These terms and conditions are governed by the laws of Illinois, United States. You submit to the non-exclusive jurisdiction of the Courts of Illinois. 6.7 Intellectual Property Rights: ElevatorGear.com (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means: Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or Commercialize, copy, or on-sell any information, or items obtained from any part of this web site. 6.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions. 6.9 Privacy: ElevatorGear.com collects personal information about you through your use of the services and the web site, including; - your registration details; and - information relating to your use of the web site and the content you access. You agree that ElevatorGear.com may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other ElevatorGear.com products and services to you, and for any other use that you authorize. We will not sell or allow third parties to access your personal information without your consent, however you agree that ElevatorGear.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(c) at any time. Please review our privacy policy. |
