NEBROWSE TERMS OF SERVICE AND USER AGREEMENT
PLEASE READ THE TERMS OF SERVICE AND USER AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES WHILE USING THE WEBSITE www.nebrowse.com. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT YOU ARE LEGALLY BOUD TO THE TERMS AND CONDITIONS OF USE WHILE USING THIS WEBSITE.
www.nebroswse.com provides a service to purchasers and sellers to transact business in a social marketplace setting. NEBROWSE is not directly involved in the transaction between the two parties but serves as a venue for “NEBROWSELLERS” (sellers) to offer items via uploaded pictures and descriptions to “NEBROWSERS” (purchasers) to browse and purchase these items.
NEBROWSE does not have control over the safety, quality, accuracy, reliability or availability of such items. NEBROWSE is not liable for damages or loss from the sale of these items. NEBROWSE does not imply recommendation or endorsement of any item. Furthermore, NEBROWSE does not guarantee that a transaction between a “NEBROWSELLER” (seller) and a “NEBROWSER” (purchaser) will actually be completed. Please use NEBROWSE at your own risk.
As a “NEBROWSELLER” (seller) or a “NEBROWSER” (purchaser) you warrant and represent that you have legal capacity to enter into a binding contract in the state of your residence, as well as the State of Nebraska (which requires that you be at least 18 years of age).
NEBROWSE reserves the right to suspend, terminate or refuse service to anyone, at any time, for any reason.
1. “NEBROWSELLER” (Seller). As a NEBROWSELLER you agree to the following:
1. A. As a NEBROWSELLER you should warrant and represent that all information about you, your products and your performance of the transaction are complete and accurate in every detail and that you will complete the transaction honestly, in good faith, promptly and precisely.
1. B. As a NEBROWSELLER you are responsible for the fees due NEBROWSE as set forth in FEES.
1. C. As a NEBROWSELLER you are responsible for all applicable taxes and for maintaining your store/account and all activities that occur. You agree to comply with all of NEBROWSE’S policies and to maintain the confidentiality of your username and password. You agree to notify NEBROWSE of any breach of security, potential threats to security and privacy, or unauthorized use of your username and password. NEBROWSE will not be liable for loss or damage arising out of any breach of security or non interruptions of service or the operation of the NEBROWSE website.
1. D. You may not sell or transfer your NEBROWSELLER store/account and you will maintain the accuracy of all information. You are solely responsible for the activities associated with your store/account and will not misrepresent who you are, promote criminal activity, provide information about illegal activities or intentionally or unintentionally violate any applicable local, state or national laws.
1. E. It is your obligation to comply with all local, state and national laws and you agree that NEBROWSE has no liability or responsibility for noncompliance. It is the responsibility of the NEBROWSELLER to be aware of dishonesty, fraud and deception when dealing with NEBROWSERS and, as NEBROWSELLERS; you agree that NEBROWSE will not be liable to you for your damages as a result of such activity.
1. F. NEBROWSELLERS must outline their policies for sales, payment, returns, shipping and all other matters related to the transaction, all of which must be done honestly and in good faith. To the extent NEBROWSE formulates policies related to the above, the products, the promotion of the products or the transaction, NEBROWSELLERS will comply in all respects with the same. NEBROWSE may require a NEBROWSELLER to alter or modify any such policies or be removed from the site, but NEBROWSE makes no warranties and representations that it in fact will review any or all of said policies.
1. G. NEBROWSELLERS shall agree to comply with all tax laws and pay all taxes arising out of any transaction contemplated by this Agreement. NEBROWSE has no liability or responsibility for noncompliance.
1. H. When listing an item on NEBROWSE, the item must not be
Stolen, fraudulent or counterfeit
Replicas or fakes listed as original
Obscene or pornographic
Misleading or inaccurate
1. I. Once the item is sold, the price cannot be decreased, increased or changed. Shipping prices are to be accurate and reasonable and can include fees to cover packaging and handling but should not be exaggerated or excessive.
1. J. NEBROWSE is to be held harmless or any controversy or dispute if someone should post a NEBROWSELLER’S listing or content on another website.
2. “NEBROWSER” (Buyer). As a NEBROWSER you agree to the following:
2. A. NEBROWSERS are solely responsible for reading, knowing and understanding the description of the products before making a purchase. All sales are binding upon both NEBROWSELLER and NEBROWSERS. NEBROWSE does not attempt to exercise control over the information posted by NEBROWSELLERS.
2. B. As a NEBROWSER you agree to the price, shipping amount and tax (if applicable) when you make a purchase. You also agree to complete the purchase and obligated to pay for the items as agreed upon in a timely manner.
3. Fees. With respect to fees and charges, you agree as follows:
3. A. There is no cost to set up a NEBROWSE store/account, however fees are charged for listing items for sale (.25 per listing) and a percentage to complete the transaction once the item has sold (5% of the selling price).
3. B. Each item that is listed is assessed a fee of .25. If you have several of the same item, you can list the quantity available; however, the .25 fee is not assessed until a transaction occurs for the multiple items.
3. C. Items that are sold will also be assessed a 5% fee of the selling price. The 5% fee is not assessed on tax or shipping costs.
3. D. Credit card fees are charged by PayPal and assessed directly at the current rate. These fees are paid directly by the NEBROWSELLER to PayPay when the transaction occurs.
3. E. NEBROWSELLERS have the choice to either have a PayPal account or a credit card on file to pay the charges due for the previous month’s listing fees and selling fees. NEBROWSE will send an email detailing the charges incurred for the current month on the 1st day of the next month. NEBROWSELLERS authorize NEBROWSE to deduct the amount due as detailed in the email, on the 4th day of the month. If the NEBROWSELLERS PayPal account or credit card is closed, changed or rejected, a new form of payment must be made immediately.
3. F. NEBROWSE may, at its discretion, change the fees, promote with either temporary or long term promotions and also add new services. These fees are effective at the time of posting. Shipping costs and any applicable taxes are the sole responsibility of the NEBROWSER.
3. G. If your NEBROWSE account is closed or terminated, either by yourself or NEBROWSE< any unpaid fees are due immediately and you are obligated to pay these fees immediately. 4. Indemnity, Warranty and Liability. With respect to indemnity, warrant and liability, you agree as follows:” 4. A. You agree to indemnify, release and hold NEBROWSE, its officers and directors, harmless form any and all claims or demands. NEBROWSE, its officers and directors shall not be liable for any damages whatsoever, whether direct or indirect. Your use of NEBROWSE is at your own risk and is on an “as is” basis and “as available” basis. 4. B. NEBROWSE is not a seller of any items or products on the website. NEBROWSE makes no warranties whatsoever as a seller. ALL PRODUCTS SOLD ON NEBROWSE ARE SOLD IN AN “AS IS” CONDITION AND WTHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING NO WARRANTY OR MERCHANTABILITY, USAGE IN THE TRADE, OR FITNESS FOR A PARTICULAR PURPOSE. NEBROWSE, IT’S OFFICERS, DIRECTORS AND EMPLOYEES, SPECIFICALLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEBROWSE, ITS OFFICERS, DIRECTORS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, CONSEQUENTIAL AND/OR INCIDENTAL, GENERAL, SPECIAL, OR COMPENSATORY AS A RESULT OF ANY PRODUCTS SOLD ON THE WEBSITE AND FURTHER INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY OR EMOTIONAL DISTRESS, THE LIABILITY OF NEBROWSE, ITS OFFICERS, DIRECTORS AND EMPLOYEES, IS LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID TO NEBROWSE IN THE PRECEDING 12 MONTHS OR $100, WHICHEVER IS GREATER. 4. C. YOU AGREE TO INDEMINFY AND HOLD NEBROWSE AND ITS OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR ANY DOCUMENTS ASSOCIATED WITH THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT, OR YOUR VIOLATION OF THE LAW OR ANY AGREEMENTS WITH THIRD PARTIES. 5. Change of Terms. NEBROWSE has the right to change the terms of this Service and User Agreement at any time. Upon doing so, NEBROWSE will notify you. Said changes will go into effect immediately unless otherwise stated in the notification. All changes will be effective as stated therein and, in any event, no later than any date sated in the notification. You are responsible for reviewing the changes and you must decide whether you want to continue doing business with NEBROWSE after the changes are effective. 6. Termination. NEBROWSE has the discretionary right to terminate an agreement with either a NEBROWSELLER or a NEBROWSER at any time for any reason NEBROWSE deems appropriate. 7. Notices. Any notices given to NEBROWSE shall be given by regular United States mail to the registered office of NEBROWSE at: NEBROWSE, 1326 Koenigstein Avenue, Norfolk, NE 68701. 8. Law. Nebraska law shall govern this Agreement. 9. Severability. If any part of this Agreement is deemed unenforceable, than all remaining provisions of this Agreement shall remain in full force and effect.
NEBROWSE TERMS OF SERVICE AND USER AGREEMENT