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The following describes the terms and conditions under which Insva.com offers you access to our services.
Thank you for visiting Insva.com. You agree that, by using the services on the Insva.com website(s) (the “Sites”), you will abide by and follow the following terms and conditions, (the "Agreement" or "User Agreement") with Insva.com. You acknowledge that you have read and accepted all of the terms and conditions in, and linked to, this User Agreement, as well as the Insva.com Privacy Policy.
While using the Site(s), you agree that you will :
·abide by all applicable laws and regulations, international, federal, state and local;
·abide by and respect all notices and instructions posted;·not post content or items in an inappropriate or improper category or location on the Site(s);
·not violate any laws, regulations, rights of others, or our policies, or use the site for any unlawful or improper purpose;
·not use the Site(s) if you are not able to enter into legally binding contracts by age or disability or if you have been or are suspended from use of our Site(s), either temporarily or permanently;
·timely deliver full payment for items purchased by you, unless there has been a material change to the purchased item's description after you have bid, a clear typographical error has been made, or the seller's identity cannot be confirmed;
·timely deliver items purchased from you, unless the buyer’s identity cannot be confirmed or fails to comply with posted terms;
·not manipulate the price of any item or interfere with other user's listings; attempt to avoid or manipulate Site fees,or billings or billing system
·not post or state any false, inaccurate, misleading, defamatory, or libelous material or information, personal or otherwise;
·not take any action that may undermine or compromise any rating, comment or feedback system, or use any such information or material for any purpose outside the Site(s);
·not transfer your Insva.com account and/or any User ID to another party
·not distribute or post spam, chain letters, or otherwise use the Site for improper purposes , scams or or schemes, including but not limited to pyramid-type selling or sales organizations;
·not distribute or introduce viruses, worms, rootkits or other systems, programming, techniques or the like that could interfere with or harm may harm Insva.com, the operation of its Sites, or or the interests or property of any user or third party, or that may be used to collect or harvest user information;
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It is Insva.com commitment to maintain its Site(s) in proper operation and free from interference and offensive matter. We ask our users to assist us in our efforts by reporting any problems or concerns, including potentially offensive content, to us. Please include all relevant information that will assist us in investigating the issue
In accordance with our commitment, Insva.com reserves the right to limit, suspend, or terminate service and/or user accounts in the event we consider a user to be acting inappropriately or not in accordance with our policies. In addition we may prohibit site access or bar or delete hosted content. In addition, and without limiting any other and additional remedies that may be available to us, we may take steps to bar a user from the Site(s). We also reserve the right to cancel or seek re-confirmation of an a unconfirmed account or any long-inactive account.
Joining Insva.com and bidding on listed items is free. We do charge fees for using other services, such as posting and auctioning items. When you post 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, at our discretion, change from time to time. Changes to that Policy are effective after we provide you with at least seven days notice, by posting the changes on the Site(s).
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site(s) 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.
Micro-job: Sign up and normal posting services are free & $5.00 for featured post, when you make a sell, you will get 90% of the money.
Real Estate: Sign up and normal posting services are free & $5.00 for featured post and 10% per sell.
Link Exchange: Sign up and normal posting services are free & $49.00 for featured post.
Medical Equipment: Sign up and normal posting services are free & $5.00 for featured post and 10% per sell.
Project Bidding: Sign up and normal posting services are free & $5.00 for featured post, when you make a sell, you will get 90% of the money.
The contents of the site, including but not limited to database content and layout, images, text and graphics, are, unless otherwise indicated, the property of Insva.com and third parties that have given Insva.com the right to use and display such contents. You may not copy, use, display modify or adapt any of the content for any purpose whatsoever without the prior written consent of Insva.com or the applicable third party. AuctiosMed.com claims copyright rights in the contents to the full extent permissible.
When you give us content (“Your Information”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your Information , in any media known now or in the future, and you represent and warrant that you have the full right and ability to grant us such right and will hold us harmless in connection with our use of Your Information.
The Insva.com service mark and domain name are the property of Insva.com. The trademarks and names of equipment and supplies posted are the property of the applicable third party.
You will not hold Insva.com responsible for other users' actions or inactions, including the content and subject matter of their postings. You acknowledge that we are not a traditional auctioneer. Instead, the Site(s) are a venue to allow anyone to offer jobs and services and sell any items, medical equipment and supplies, 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 or warrant in any manner the quality, safety or legality of items advertised, the truth or accuracy of 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 New York State Uniform Commercial Code (UCC) or any other applicable law under which a sale transaction is conducted. 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 New York State Uniform Commercial Code (UCC). Further, we cannot guarantee continuous or secure access to our Site(s) and/or services, and operation of the Site(s) may be interfered with by numerous factors outside of our control. Accordingly, to the full 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 Site(s).
Not withstanding the foregoing, 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.
Any communication that you conduct through the Site(s) shall not include any falsities, unlawful, obscene, abusive, harmful or otherwise objectionable material or content. You understand that your use of the Site(s) may lead to or expose you to content posted or being posted by another that you consider to be offensive, inaccurate or otherwise objectionable. Insva.com shall have no responsibility to you in connection with mediating, intervening in, or resolving any dispute over such content. Your communications are to be considered non-proprietary and non-confidential, and you recognize and agree that Insva.com has the right, but not the obligation, to monitor, limit, restrict, save or forward a communication. Insva.com shall have no liability with respect to the content of any communication, its actions taken, or any failure to act in connection therewith. Upon proper request, Insva.com will cooperate in the investigation and resolution of any governmental inquiry or legal process relating to or associated with any communication on the Site(s).
Insva.com does not warrant that the Site(s) are are free of potentially injurious material, such as viruses, worms, Trojan horses and the like. It is your responsibility that your equipment is properly protected. Please report any such suspicious Site behavior or material to us.
If you have a dispute with one or more users, you release us and hold us harmless (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all 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 and any resolution thereof.
The Site(s) contains robot exclusion headers. Much of the information on the Site(s) is updated on a real-time basis and is proprietary or is licensed to Insva.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site(s) 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 Site(s) without the prior expressed written permission of Insva.com and the appropriate third party, as applicable;
·interfere or attempt to interfere with the proper working of the Site(s) or any activities conducted on the Site(s);
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
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.
Except as explicitly stated otherwise, legal notices shall be served on Insva.com’s national registered agent (in the case of Insva.com) or to the email address you provide to Insva.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 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.
If a dispute arises between you and Insva.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Insva.com 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 the laws of the state of New York, 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. 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 New York as they apply to agreements entered into and to be performed entirely within New York State, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Insva.com must be resolved by a court located in New York State, 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 New York State 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 Insva.com pursuant to the Uniform Commercial Code (UCC) must be resolved in accordance with New York State UCC. All claims filed or brought contrary to the New York State UCC shall be considered improperly filed. Should you file a claim contrary to the New York State UCC, Insva.com may recover attorneys' fees and costs up to $1000, provided that Insva.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Each of these policies may be changed from time to time. Changes take effect when Insva.com posts them on the Site(s). When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Site(s), which may be posted from time to time. All such policies or rules are hereby incorporated into 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 upon the day posted. This Agreement may not be otherwise amended except in writing signed by you and Insva.com. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.