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Terms & Conditions...

The following describes the terms on which FreewayAuction offers you access to our services.

Introduction

Welcome to FreewayAuction. By using the services on the FreewayAuction websites (FreewayAuction.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with FreewayAuction and the general principles for the websites of our subsidiaries and international affiliates.

Before you may become a member of FreewayAuction, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some FreewayAuction-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on April 23, 2009, for current users, and upon acceptance for new users.

Using FreewayAuction

While using FreewayAuction, you will not:

  • post content or items in an inappropriate category or areas on our sites and services;

  • violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;

  • use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;

  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

  • manipulate the price of any item or interfere with other user's listings;

  • circumvent or manipulate our fee structure, the billing process, or fees owed to FreewayAuction;

  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to FreewayAuction);

  • transfer your FreewayAuction account (including feedback) and User ID to another party without our consent;

  • distribute or post spam, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm FreewayAuction, or the interests or property of freewayauction users;

  • copy, modify, or distribute content from the Sites and FreewayAuction's copyrights and trademarks; or

  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing FreewayAuction

FreewayAuction and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

FreewayAuction's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services

Joining FreewayAuction and bidding on listed items is free. We do charge fees for using other services, such as Selling Items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the FreewayAuction site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your FreewayAuction listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.

Liability

You will not hold FreewayAuction responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

The sites contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to freewayauction by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of FreewayAuction and the appropriate third party, as applicable;

  • interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or

  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the FreewayAuction Privacy Agrement. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the FreewayAuction Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on FreewayAuction's national registered agent (in the case of FreewayAuction) or to the email address you provide to FreewayAuction during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we 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.

Resolution of Disputes

If a dispute arises between you and FreewayAuction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and FreewayAuction agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against FreewayAuction must be resolved by a court located in Hollidaysburg, Pennsylvania, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Blair County, Pennsylvania for the purpose of litigating all such claims or disputes.

  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • Improperly Filed Claims - All claims you bring against FreewayAuction must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eBay may recover attorneys' fees and costs up to $1000, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

  • Outage Policy - FreewayAuction's highest priority is its members’ trading success. However, the FreewayAuction site occasionally experiences outages during which bidders cannot place bids or effectively locate items via our Title Search function. When outages occur that are at least one hour in duration, freewayauction offers this Outage Policy to compensate for member inconvenience

  • Prohibited, Questionable & Infringing Item Policy -

    Before you list your item, you need to find out if your item is allowed on Freewayauction and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As an Freewayauction seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law.

    Violations of these policies may result in a range of actions, including:

    • Listing cancellation

    • Limits on account privileges

    • Account suspension

    • Forfeit of freewayauction fees on cancelled listings

    • Loss of PowerSeller status.

    When policy violations occur, freewayauction emails the seller, as well as bidders, that a listing has been ended. You may contact Freewayauction to report violations by using the “Report” or “Contact Us” links found on most policy pages.

    Understanding the rules about prohibited and restricted items

Before you list your item, you need to find out if your item is allowed on Freewayauction and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As an Freewayauction seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law.

Violations of these policies may result in a range of actions, including:

  • Listing cancellation

  • Limits on account privileges

  • Account suspension

  • Forfeit of Freewayauction fees on cancelled listings

  • Loss of PowerSeller status.

When policy violations occur, Freewayauction emails the seller, as well as bidders, that a listing has been ended. You may contact Freewayauction to report violations by using the “Report” or “Contact Us” links found on most policy pages.

Understanding the rules about prohibited and restricted items

  • Policies about listing items are often based on country and state laws. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law. The limitations are the result of input by numerous stakeholders, including the Community. For example, see Offensive Material Policy.

  • When selling across borders, be aware of Internation Trading Policy and Import Restrictions. Certain items may be legal in your country, but may be illegal elsewhere.

  • Just because a particular type of item is listed below, it does not mean that it is completely prohibited. For example, in the Medical Device Policy, many items are prohibited (for example, contact lenses), but many others are allowed – under certain circumstances (for example some medical instruments). When in doubt, you should read the policy page carefully. The policy pages contain these details under Additional Information and Examples.
    Note: Examples are designed to help explain the policy and should not be viewed as an exhaustive list.

  • It is also important to review the Rules For Listing and the Rules For Intellectual Policy to check if your type of item has additional restrictions that would affect your listing.

  • Listing Policy -

    To promote a safe, fair and enjoyable trading experience, FreewayAuction has established a set of rules and policies for item listings. These restrictions involve how certain items are described, and practices that would provide an unfair advantage or result in a negative buyer experience.

    Learning about FreewayAuction's listing policies before you list an item will help you to avoid unintentionally breaking rules.

    Violations of these policies may result in a range of actions, including:

    • Listing cancellation

    • Limits on account privileges

    • Account suspension

    • Forfeit of FreewayAuction fees on cancelled listings

    • Loss of PowerSeller status.

    When policy violations occur, Freewayauction emails the seller, as well as bidders, that a listing has been ended.

    In addition to the Rules for Listings, you should also review the rules for Prohibited and Restricted Items and the Protection Of Intellictual Property to check if your type of item is allowed or has additional restrictions that would affect your item listing.

    The following are the Rules for Listing with links to the specific policy pages that have examples, any exceptions, and a link that you can use to report a violation of that policy.

    Listings must not misrepresent items.

    Except as noted in the specific policy as exceptions, sellers cannot:

    • List items in inappropriate Catogories.

    • Misrepresent the Item Location from which their item will be shipped.

    • Include brand names or other inappropriate keywords in a title or description. This is known as Keyword Spanning.

    • Have misleading titles that do not accurately describe the item for sale.

    Listings cannot use techniques to avoid or Circumvent FreewayAuction Fees.
    Except as noted in the specific policy as exceptions, sellers cannot:

    • Offer a Catolog from which buyers may directly order.

    • Allow buyers a choice of significantly different items.

    • List a single item but offer additional identical items for sale in the item description.

    • Include separate payment surcharges that buyers pay to use ordinary forms of payment.  

    • Misuse the Reserve Price option.  

    • Charge excessive shipping.

    • Offer the opportunity through FreewayAuction to purchase the item or other merchandise outside of FreewayAuction.

    • Use their About Me Page to promote outside-of-FreewayAuction sales or prohibited items.

    Listings must promote a fair and level playing field, and provide an enjoyable and safe experience for buyers.
    Except as noted in the specific policy as exceptions, sellers cannot:

    • Solicit buyers to mail cash or use other payment methods not specifically permitted by FreewayAuction as accepted payment methods.

    • Communicate to buyers that they accept, or will not accept, specific forms of PayPal payment.

    • Include links that do not conform to FreewayAuction's Links Policy. Specific types of links that are limited include links to further descriptions, email address, photos, your About Me page, listing terms and conditions and FreewayAuction Stores.

    • Use certain types of HTML and JavaScript in item listings, Stores pages, About Me pages, or Want-It-Now ads.

    • Promote giveaways, random drawings, raffles, prizes or bonuses.

    • Create a listing that does not offer an item or service.

    • Advertise a desire to buy or trade items, except as allowed in non-binding bid categories and in Want It Now.

    • Include third-party endorsements of FreewayAuction members.

    • Include third party credits beyond what is acceptable.

    • Create test listings except in the Everything Else; Test Auctions category.

    • Use profanity in a listing

    • or types of item, must conform to limitations specified in the policy:

    • Compilation and Informational Items

    • FreewayAuction Pilot Programs

    • Home Page Featured Items

    • Jewelry, Precious Metals and Loose Beads 

    • Pre-Listing Sale 

    • Warranties and Service Contracts

Each of these policies may be changed from time to time. Changes take effect when we post them on the FreewayAuction site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

freewayauction is located at RD1 Box 195b., Imler, PA 16655. If you reside outside of the United States and registered on FreewayAuction. 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. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. 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. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the FreewayAuction Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.





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