Estates On Line, LLC. User Agreement
Site Policies and Terms of Use
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Estates On Line, LLC.
(Estates-On-Line.com) OFFERS YOU ACCESS TO OUR SERVICES.
Your use of this Web Site is conditioned upon and constitutes
acceptance of the terms and conditions contained herein,
without modification. We may amend this Agreement from
time to time by posting the amended terms on our site.
This Agreement may not be otherwise amended except in
a writing signed by you and Estates On Line, LLC.
Scope - Services We Provide
This site is intended for use by private individuals and businesses and is made available on a non-exclusive basis for the purpose of facilitating internet commerce. Services provided by Estates-On-Line.com are intended to support lawful enterprise. Access to this site is provided to the general public. As such, we are not responsible if the site is used in a manner for which it was not intended.
Estate and Property Owners
Estate and Property Owners can use the services of this site to sell their property, or utilize the services of registered users of estates-on-line.com
to sell for them on a commission basis. Estates On Line, LLC. is not a party to any agreement or contract
between a registered user and any estate and property owner arising from the use
of this site. Users agree that they hold Estates On Line, LLC harmless from any dispute arising from their use of this site.
Eligibility
Eligibility for use of Estates-On-Line.com services is limited to those who
have familiarized themselves with the services provided
by www.estates-on-line.com and intend to utilize those
services in the conduct of lawful business purposes.
Generally, users who sell on consignment for others are service providers as defined
within the scope of this site, and have registered on
this site to provide such services on a best-efforts
basis. Estates On Line, LLC. makes no assurance that users are suited
to provide such services, or to the relevance of their
background for eligibility. Users will endeavor to
use their best efforts in good faith to provide services
to their clients (consignors), as defined by agreement, either written
or oral, between the user and his/her client. Estates On Line, LLC. is not a party to any such agreement between
a user and his/her client. Users agree to hold Estates
On Line, LLC harmless from any transaction occuring on this site in which
he/she is engaged. This includes any representations
you make to your client or any 3rd party entering into
the transaction. Estates-On-Line.com endeavors to be a focus
for property and estate owners to find our registered users,
but makes no representations to users that registration
will ensure the opportunity to provide services. To
use Estates-On-Line.com you must register under
your true name using a valid e-mail address. Estates-On-Line.com is available only to those who can form legally
binding contracts under applicable law. Estates-On-Line.com
services are not available to minors. Estates-On-Line.com
services can be suspended or revoked for any violation
of the terms of this User Agreement. Registration constitutes
acceptance of this agreement. Registrants are not agents or employees of Estates On Line, LLC. and have no proprietary interest in Estates On Line, LLC. or this web site. Both Estates On Line, LLC. and users are unrelated entities.
Fees and Commissions
Basic Eligibility in Estates-On-Line.com is free. Our Fees
and Credits Policy is listed on our fee
schedule and is incorporated by reference. We may
change our Fees Policy and the fees for our services
from time to time. Our changes to the policy are effective
after we provide you with at least fourteen (14) days'
notice of the changes by posting the changes on the
site. We may in our sole discretion change some or all
of our services at any time. In the event we introduce
a new service, the fees for that service are effective
at the launch of the service. Unless otherwise stated,
all fees are quoted in U.S. Dollars. You are responsible
for paying all fees associated with using our service
and our website and all applicable taxes.
Estates-On-Line.com is Only a Venue
Our site acts as the venue for estate and property owners
to find registered users (or, as appropriate, solicit services)
and registered users to offer their services to estate and property
owners. We are not involved in the actual transaction
between users and estate and property owners. As a
result, we have no control over the quality, safety
or legality of the services provided, the truth or accuracy
of users' assertions, the ability of users to provide
services, or the ability of estate and property owners
to successfully acquire the services they seek through
this site or its users. We cannot ensure that a user
will actually complete a transaction.
Estates On Line, LLC cannot and does not confirm each user's
purported identity. We recommend that you communicate
directly with potential and actual trading partners.
You may also wish to consider using a third party escrow
service or services that provide additional user verification.
Because we are not involved in the actual transaction
arising from the use of this site, in the event that
you have a dispute with one or more users, you release
Estates On Line, LLC (and our officers, directors, agents,
subsidiaries and employees) from claims, demands and
damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any
way connected with such disputes.
Please use caution, common sense, and practice safe
trading when using our site. We do not control the information
provided by other users, which is made available through
our system. You may find other user's information to
be offensive, harmful, inaccurate, or deceptive. Please
note that there are also risks of dealing with foreign
nationals, underage persons or people acting under false
pretense.
Offers to Purchase on Estates-On-Line.com
Estates On Line, LLC. features personal property offerings
("Estate Listings") on our site. Such listings
may be supplemental to the same item being offered for
sale or auction on another web site by the same user.
Any offer to buy an item listed on this site, or offer
to sell, is non-binding on any party and is intended
as a convenience to our users. Users who conduct business
on this site will not knowingly violate any agreements
they may have entered into on any other site, if any,
and users agree to hold Estates On Line, LLC. harmless from
third party agreements.
Listing and Selling on Estates-On-Line.com
Listings may only include text descriptions, graphics
and pictures you supply to our site (or that you link
to from our site) that describe your item for sale.
Your listing: (a) shall not be false, inaccurate or
misleading; (b) shall not be obscene or contain pornography;
(c) shall not be or consist of racially, religiously
or ethnically offensive materials; (d) shall not be
fraudulent or involve the sale of counterfeit or stolen
items; (e) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (f) shall
not violate any law, statute, ordinance or regulation
(including without limitation those governing export
control, consumer protection, unfair competition, antidiscrimination
or false advertising). Estates-On-Line.com will suspend
or terminate your account if you are found (by conviction,
settlement, insurance or escrow investigation, or otherwise)
to have engaged in fraudulent or otherwise questionable
activity in connection with our site.
Personal Information
"Personal Information" is defined as any information
you provide to us or other users in the registration,
bidding or listing process, in any public message area
(including the feedback area) or through any e-mail
feature. You are solely responsible for Personal Information,
and we act as a passive conduit for your online distribution
and publication of your Personal Information. Estates On Line, LLC.
specifically represents that any sensitive information
such as credit card information will be safeguarded
by Internet security techniques and will never be divulged.
With respect to your Personal Information: You agree
to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers)
right to exercise the copyright and publicity rights
(but no other rights) you have in your Personal Information,
in any media now known or not currently known, with
respect to your Personal Information.
Interference
You agree that you will not use any device, software
or routine to interfere or attempt to interfere with
the proper working of the Estates-On-Line.com site. You
agree that you will not take any action that imposes
an unreasonable or disproportionately large load on
our infrastructure. You agree that you will not copy,
reproduce, alter, modify, reverse engineer, decompile,
disassemble, create derivative works, or publicly display
any content (except for your Personal Information) from
our website without the prior expressed written permission
of Estates On Line, LLC or the appropriate third party.
Breach
If you breach this Agreement or the documents it incorporates
by reference; if we are unable to verify or authenticate
any information you provide to us; or if we believe
that your actions may cause legal liability for you,
our users or us, we will immediately (without limiting
other remedies) issue a warning, temporarily suspend,
indefinitely suspend or terminate your user privileges, and
refuse to provide our services to you under your current
user name, email address, and password, and all of your
future user names, email addresses, and passwords.
No Warranty
Estates On Line, LLC PROVIDES OUR WEB SITE AND SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
General Liability Disclaimer
The information, software, products, and services provided
on this web site have been provided for the convenience
of our users and their clients, and have been tested
for accuracy but may include inaccuracies or typographical
errors. Estates On Line, LLC. may make improvements, updates
and revisions to the information on this web site at
any time. Estates On Line, LLC. , our affiliates, and/or associated
companies make no representations about the suitability
of the information, software, products, and services
contained on this website for any purpose. All such
information, software, products, and services are provided
"as is" without warranty of any kind. Estates On Line, LLC. ,
our affiliates, and/or associated companies hereby disclaim
all warranties and conditions with regard to this information,
software, products, and services, including all implied
warranties and conditions of merchantability, fitness
for a particular purpose, title, and non-infringement.
In no event shall Estates On Line, LLC. , our affiliates, and/or
associated companies be liable for any direct, indirect,
punitive, incidental, special, or consequential damages
arising out of, or in any way connected with the use
of this web site or with the delay or inability to use
this web site, or for any information, software, products,
and services obtained through this web site, or otherwise
arising out of the use of this web site, whether based
on contract, tort, strict liability, or otherwise, even
if Estates On Line, LLC. , our affiliates, and/or associated
companies have been advised of the possibility of damages.
Liability Limit
In no event shall we be liable to any person or entity
under any circumstances for any special, incidental,
indirect or consequential damages, loss of profits or
revenues or costs of replacement goods, including, without
limitation, damages resulting from use of or reliance
on our site, our services or this agreement, (however
arising, including negligence), even if informed in
advance of the possibility of such damages.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES,
IF ANY, YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Indemnity
You agree to indemnify and hold Estates On Line, LLC and
our subsidiaries, affiliates, officers, directors, agents,
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 the documents it incorporates by reference, or your
violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our
service and your bidding on, listing, purchase, solicitation
of offers to purchase, and sale of items.
No Agency
You and Estates-On-Line.com are independent contractors,
and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or
created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall
be given by postal mail to Estates On Line LLC. Attn:
Legal Affairs, 1225 Franklin Ave., Garden City, NY,
11530 (in the case of Estates On Line, LLC) or to the email
address you provide to Estates-On-Line.com 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 notice by certified mail, postage prepaid
and return receipt requested, to the address provided
to Estates-On-Line.com during the registration process.
In such case, notice shall be deemed given 3 days after
the date of mailing.
Arbitration
Any controversy or claim arising out of or relating
to this Agreement or our services shall be settled by
binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on
an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Garden
City, NY, USA, and judgment on the arbitration award
may be entered into any court having jurisdiction thereof.
Either you or Estates On Line, LLC may seek any interim or
preliminary relief from a court of competent jurisdiction
in Garden City, NY as necessary to protect the rights
or property of you or Estates On Line, LLC pending the completion
of arbitration.
Additional Terms
The following Estates-On-Line.com documents are incorporated
into this User Agreement by reference: Privacy Policy.
We may change our Privacy Policy from time to time and
our changes are effective after we provide you with
at least thirty (30) days' notice of the changes by
posting the changes on the website and sending email
to users.
Listing Policy. We may change the Listing Policy from
time to time and our changes are effective after we
provide you with notice of the changes by posting the
changes on the website.
General
This Agreement shall be governed in the United States
by the laws of the State of New York, USA. We do not
guarantee continuous, uninterrupted or secure access
to our services, and operation of our 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.
Headings are for reference purposes only and in no
way define, limit, construe or describe 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.
This Agreement sets forth the entire understanding
and agreement between us with respect to the subject
matter hereof.
Disclosures
The services hereunder are offered by Estates On Line
LLC., 1225 Franklin Ave., Garden City, New York, USA
11530.