User Registration Step 1 of 4 (Membership Agreement)
YOU MUST AGREE TO THESE TERMS BEFORE YOU WILL BE ABLE TO POST ITEMS, OR BID ON THEM. EVEN IF YOU DO NOT INTEND TO USE AUCTION SERVICES, PLEASE READ THE RULES CAREFULLY AS YOU WILL BE COMMITTED TO FOLLOWING THEM. ONCE YOU CLICK THE I ACCEPT BUTTON BELOW, YOU AGREE TO THESE SAID TERMS OF THE USER AGREEMENT BELOW.
Quty, LLC User Agreement Use of the Quty web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement. Quty, LLC User Agreement THIS DOCUMENT DESCRIBES THE TERMS BY WHICH QUTY, LLC OFFERS YOU ACCESS TO OUR INTERNET LISTING SERVICES. The following is the user agreement (the "User Agreement" or "Agreement") for Quty, LLC. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of quty.com ("Quty") and the general principles and conditions of use for the websites of our subsidiaries and global affiliates. Your signature of agreement on this document happens WHEN YOU CLICK ON THE "I AGREE" BUTTON on our registration page, or the "NEXT" button when you register as a Quty Seller-Affiliate. If you do not or cannot agree to be bound by the terms and conditions of this Agreement, do not register to use or gain access to our services. You must Agree to all terms and conditions before registering to become a user at Quty. Quty reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 30 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us. All questions regarding this User Agreement should be sent via email to support@quty.com. Alternatively, you may contact us by pointing your browser to our contact page. 1. Eligibility of Membership / Registration ******************************************* To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing Quty with true and correct information as required on the Quty registration form and subsequent user forms in our Members Section when you login to use Quty. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. 2. Quty serves only as a Venue ******************************************* Quty is an Internet site on which registered users post ads offering merchandise which they possess and wish to sell in an open auction environment. Registered users may also bid on or buy such merchandise. At no time does Quty possess, hold, or offer any merchandise for sale or auction, nor are we involved in any part of the actual transaction. Quty serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the bidder/buyer to verify with the seller any or all information about any item listed on Quty, on which they intend to place a bid, before placing such bid. Quty can not be responsible for a seller's willingness or ability to sell any item they have listed, or a Bidder's willingness to follow through and complete a transaction for an item(s) on which they have placed a bid. We encourage open communication between buyers and sellers before and after any transaction takes place. 3. User Verification ******************************************* Because of difficulties involved with verification over the Internet, Quty is unable to guarantee that a user is who they may claim to be. As a measure of added protection for our community of users, we may request additional information about you including, but not limited to, credit card and bank account information to help us determine the accuracy of the user account information you have provided. If you are uncertain as to another user's identity, we suggest that you contact them. You may also review any users feedback profile to see what others have said about dealing with them. 4. Disputes and Release ******************************************* Because Quty has no involvement in transactions between users we can not get involved in disputes between users. You hereby release and hold harmless Quty, LLC (including all officers, employees, parent companies, contractors, vendors, suppliers, agents, affiliates and consultants) from any and all types of damages or claims resulting from such disputes. 5. Selling on Quty ******************************************* By listing an item(s) for auction/sale on Quty, you are stating that you have the intention and ability to sell the item(s). You furthermore state that any item(s) which you are offering for auction/sale does not violate any local, state, or federal laws, regulations, or guidelines prohibiting the sale or distribution of your item(s). The sale of fully constructed firearms, kits containing all the necessary components to build firearms, illicit and pharmaceutical drugs, hazardous materials, perishable food, and obscene material as percieved by Quty Management is strictly prohibited on Quty. 5.1 Listings may consist of any one, or a combination of the following: a) A detailed and accurate text description of your item b) A picture which you supply of your item c) A link to a picture (that you own or have rights to link to) 5.2 Listings may not contain items or information that: a ) Violate any state, local, or federal laws that prohibit the sale or distribution of your item. b) Infringe upon any third parties, copyright, patent or trademark rights. c) Falsely advertise, or misrepresent the merchandise being offered for sale. d) Are sexually explicit in nature,contain or describe sexual acts, nudity, pornography, or would be classified as Adult-only material. Any child pornography material is consider illegal and therefore reported to the suitable authorities for possible prosecution. e) By paying an insertion fee, listing fee or final auction value fee to Quty, might cause us to violate any local, state, federal law, regulation or guideline. 5.3 If at the close of your auction, a bid has been placed on your auction that meets or exceeds your stated minimum bid or reserve price, you are obligated and agree to complete the transaction with the high bidder(s) as per the terms and conditions stated in your listing. 5.4 Sellers may not engage in the following activity: Using a secondary UserID to place bids on your own auction for any reason. Soliciting bidders who have placed bids in an auction being run by another seller offering an item similar or identical to yours. The practice of so-called Dual Listings where an item listed on Quty is also listed on other auction sites or similar venues. Listing items which you do not have possession of at the time of listing unless this information is clearly stated within the item's description. If you are running a Dutch Auction, your items must be identical in size, shape, color, and description. 6. Placing Bids ******************************************* By placing a bid on an item(s) listed on Quty, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid. Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid. 6.1 Only in certain situations would bid withdrawal be acceptable. These situations may include: a) The seller has made material changes to the description of the item after your bid was placed. b) The seller has made a typographical error in the description of the item. c) You have contacted the seller and received their express permission to withdraw your bid. 6.2 Bidders may not engage in the following activity: a) Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder. b) Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID. c) Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on Quty, any questions you may have regarding the sale of, or condition of the item before placing your bid. d) By placing a bid, you further state that the purchase and or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item(s). 7. Fees and Charges ******************************************* 7.1 The listing fee, or insertion fee for posting an item on Quty is 100% FREE, except in the case of Real Estate advertisements. There is however, a minimal charge for other auction posting features such as featured item listings, attention grabbers, bold listings, highlighted listings, etc., should you wish to use them. There will also be a final value fee imposed on all items sold (please see the Auction Fees page). This amount will be automatically debited to your account and you will be sent an invoice monthly via email showing your account status. A negative balance indicates money owed on your account. A positive balance indicates credit available to you for posting items for auction and our other services. If your account has a negative balance, and payment is not made with 30 days, your account may be suspended until payment is received, and posted to your account. Payments can be made directly from your Members Page. 7.2 When you make a payment to Quty, it is deemed to be applied toward Quty Auction Fees you have already incurred or intend to incur. As such, all payments made to Quty are final and no refunds of payments will be granted. In specific cases where your account has been charged listing fees in error or your item listing did not get added properly to our listing database because of a technical error, your sole remedy is to request and receive an IMMEDIATE REMOVAL of the listing charges applied to your account. Your request for removal of charges MUST be made within 7 calendar days of the erroneous listing/charges. Requests made after 7 calendar days are subject to a fifty percent (50%) late charge resulting in removal of only HALF the erroneous charges. 8. Personal Information ******************************************* 8.1 License. Solely to enable Quty to use the information you supply us with, so 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 (through multiple tiers) 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. Quty will only use your information in accordance with our Privacy Policy. 8.2 Personal information is the information that you provide to Quty or to other users when: Completing the registration process. Listing an item. Placing a bid. Leaving feedback comments. Placing your credit card and/or checking account information on file with us. Posting messages in any forums or forum area. Using any email feature or private message offered to you through use of the site. You are responsible for your personal information. In the event that your information creates a liability to us that may cause our internet service provider, vendors, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information. The use of your information is explained in our current Privacy Policy. 9. Your Password ******************************************* You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish. 10. Public Chat Forums ******************************************* Quty provides public forums (herein referred to as "Forums"), in which registered users may post messages and enjoy interacting with other registered users. These Forums are provided as a courtesy to the Quty community. Quty is not responsible for the content posted in the Forums and may not agree with the views expressed therein. The following types of posts or comments are considered unacceptable in any forum on our site. Posting of such may result in the suspension of your ability to post in our forum or the suspension of your Quty Account. Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a forum. Posts that contain profanity or that are defamatory in nature. Posts that contain links to other online auction or e-commerce sites. Posts that contain adult pictures, material, or links. Posts that disclose personally identifiable information about another registered user. Posts that are disruptive in nature, harass or threaten another user or Quty staff user. Additional guidelines may be posted, and amended, regarding the use of our chat Forums. 11. Stability ******************************************* Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the Quty web site. This includes, but is not limited to, the use of any software, device, or programming or mechanical routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information. 12. Feedback ******************************************* Quty provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. The following actions regarding the use of the Feedback system are prohibited: Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing. Leaving feedback that contains vulgarity or profanity. Leaving feedback that discloses another users personally identifiable information. Leaving comments that are negative in nature, through the selection of the Positive comment option. Quty provides you with an opportunity to "Retract" a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment. This function should not be misused. Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account. In the event that your feedback rating should reach the status of -4 (negative 4) your registration and account may be suspended. It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System. 13. Privacy ******************************************* Quty takes several steps to protect and prevent the misuse of the personal and private information you supply us. You may review our current Privacy Policy. 14. Notice ******************************************* All notices given between both parties (You and Quty) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting. The Quty mailing address is: Quty, LLC Attn: Legal Division 570 W. 78th Street #2001 Chanhassen, MN 55317-2001 USA 15. Limitation of Liability - Non Warranty ******************************************* IN NO EVENT SHALL Quty (INCLUDING OUR PARENT COMPANIES, SUBSIDIARIES, OWNERS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, VENDORS, CONTRACTORS AND CONSULTANTS) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE. THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. 16. Indemnification ******************************************* You agree to indemnify and hold harmless Quty, its owners, officers, employees, parent companies, subsidiaries, contractors, consultants, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Quty, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity. 17. Legal Responsibility ******************************************* It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site. 18. No Partnership / Agency ******************************************* You and Quty act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. 19. Violation of User Agreement ******************************************* We may terminate your account temporarily or permanently if you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination. 20. Resolution of Disputes ******************************************* In the event a dispute arises between you and Quty, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Quty agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 20.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, you or Quty may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 20.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Newcastle County, Delaware or where the defendant resides or is located (in our instance Carver County, Minnesota and in your instance your home address or principal place of business). You and Quty agree to submit to the personal jurisdiction of the courts located within the county of Newcastle, Delaware. 20.3 Alternative Dispute Resolution. Alternatively, Quty will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Newcastle County, Delaware or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 20, the other party may recover attorneys' fees and costs up to $1,000.00 (One Thousand Dollars U.S.), provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. 21. General ******************************************* This Agreement shall be governed in all respects by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely within Delaware between Delaware residents and entities. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Quty in accordance with Section 14 "Notice", at our sole discretion, Section Headings in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the section it identifies. 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. Sections 7 (Fees & Charges) with respect to fees owed for our services, 4 (Disputes and Release), 8.1 (License), 15 (Limitation of Liability - Non Warranty), 16(Indemnification) and 20 (Resolution of Disputes) shall survive any termination or expiration of this Agreement. 22. Disclosure ******************************************* The services herein are offered by Quty, LLC. Any Inquiries can be made to the following address provided in Section 14 of this agreement. A note about Parental Control of the content on Quty: Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these forms of protection, information is available at http://www.safetysurf.com/ Disputes between you and Quty regarding our services may be reported to our Customer Support department at http://quty.com/support/. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. Additionally, you may report complaints to: Minnesota Consumer Protection Division Office of Attorney General 1400 NCL Tower 445 Minnesota Street St. Paul, MN 55101 Phone: +1 612-296-3353
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