Nex-Tech Classifieds User Agreement

This User Agreement is between you and Nex-Tech, LLC, with corporate headquarters located at 145 North Main, Lenora, KS 67645 ("Nex Tech Classifieds," "we," "us" or "our"). You are agreeing to the following terms of use and membership in the Nex-Tech Classifieds service and the general principles for the www.nextechclassifieds.com website (the "Site"), the mobile app (the "App"), and anywhere else we display this User Agreement (collectively, the "Service").


Before you become a member, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy. By accessing or using the Service, you acknowledge that you have read, understand and agree to be bound to this User Agreement. IF YOU DO NOT AGREE TO THE USER AGREEMENT OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE NEX-TECH CLASSIFIEDS OR DOWNLOAD THE APP.


Nex-Tech Classifieds may modify the User Agreement and any other agreement(s) in reference to Nex-Tech Classifieds at any time in its sole discretion. Changes take effect when they are posted on the Site. You are responsible for periodically checking for changes and are bound by the changes if you continue to use the Service.


Nex-Tech Classifieds' Privacy Policy, and all other policies, site rules and agreements referenced below or on the Site, are fully incorporated into this User Agreement, and you agree to them as well. If you are accessing or using the Site on behalf of a business, you represent and warrant to Nex-Tech Classifieds that you have authority to accept the User Agreement on behalf of that business and that that business agrees to the User Agreement.


This User Agreement was last updated on 05/14/2020.


License


If you agree to the User Agreement and either (1) are of sufficient age and capacity to use Nex-Tech Classifieds and be bound by the User Agreement, or (2) you use Nex-Tech Classifieds on behalf of a business, thereby binding that business to the User Agreement, then, subject to the terms of this User Agreement, NexTech Classifieds grants you a limited, revocable, nonexclusive, non-assignable license to use the Service in compliance with the User Agreement. Unlicensed use is unauthorized.


You grant NexTech Classifieds a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute and make derivative works from Content (as defined below) you post to the Service. You represent and warrant that for all such Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such Content is accurate. As a seller, you agree to ensure that Content directly associated with your listings is accurate. You represent and warrant that use of any Content you post to the Service (including derivative works) by Nex-Tech Classifieds, its Nex-Tech Classifieds' users or others in contract with NexTech Classifieds, and in compliance with this User Agreement, does not, and will not, infringe upon any Intellectual Property Rights of any third party. Nex-Tech Classifieds takes no responsibility and assumes no liability for any Content provided by you or any third party.


Using Nex-Tech Classifieds


The Service is for your personal, non-commercial (except as expressly permitted herein) and lawful use only. You may not use the Service, or any Content within the Service, for any purpose that is unlawful or prohibited by this User Agreement, or to solicit the performance of an illegal activity or other activity which infringes the rights of Nex-Tech Classifieds or other individuals or entities.


Users have the opportunity to list goods for sale, as well as to purchase desired items. Users are also able to edit and remove their listings. After a period of one (1) week, listings will be automatically removed, ensuring the database is current. Users are encouraged to renew unsold items.


While using the Service, you understand and agree to the following:

  • All postings, messages, text, files, images, photos, video, sounds or other materials ("Content") posted on, transmitted through or linked from the Service are the sole responsibility of the person from whom such Content originated.
  • That Nex-Tech Classifieds does not control, and is not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
  • Nex-Tech Classifieds reserves the right to edit, alter, reject or report to appropriate authorities any listing, message or account deemed offensive to Nex-Tech Classifieds users or suspected of being illegal. This includes listings portraying unhealthy animals and animals in unhealthy living conditions.
  • Nex-Tech Classifieds may moderate access or use of the Service in its sole discretion by blocking, filtering, recategorizing, reranking, deleting, delaying, holding, omitting, verifying or terminating your access, listing, license, or account. You agree (1) not to bypass said moderation, (2) Nex-Tech Classifieds is not liable for moderating or not moderating and (3) nothing Nex-Tech Classifieds says or does waives its right to moderate or not to moderate.
  • Nex-Tech Classifieds reserves the right to edit, alter or reject any listing, message or account that advertises competing services or products sold by Nex-Tech Classifieds or any of its affiliated companies. This includes auction sites or using the Service in an auction manner.
  • Complimentary accounts, without a number of listings restriction, are limited to noncommercial use.
  • Commercial use of the Service is allowed with two options available: (1) posting a single listing for free or (2) posting multiple listings for a fee. Commercial accounts are defined as anyone who has a Federal Tax ID, State Business Number, Federal FFL License, advertisement in typical media locations (e.g., directory, television, radio, vehicle logo, etc.) or if any reasonable person would consider it a business (e.g., consistent items being advertised for sale). Multilevel marketing products are also considered businesses and will require a commercial account. Nonprofits are considered commercial accounts and, therefore, will be required to follow the commercial account guidelines.
  • If listings are posted in an incorrect category, they will be subject to deletion or re-categorizing.
  • The Site, the App, and Content available through the Service may contain links to other websites, which are completely independent of Nex-Tech Classifieds.
  • Nex-Tech Classifieds does not review listed items for recalls and is not responsible if a listed item has been recalled.
  • Your interactions with organizations or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
  • Neither Nex-Tech Classifieds nor any of its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that neither Nex-Tech Classifieds nor any of its affiliated companies are under any obligation to become involved. In the event you have a dispute with one or more other users, you hereby release Nex-Tech Classifieds and its affiliated companies, and any of their respective officers, directors, agents, successors, employees from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Service.

While using the Service, you will not do any of the following:

  • Post content or items in an inappropriate category on the Site or the App.
  • Violate or circumvent any laws, regulations, third-party rights, Nex-Tech Classifieds systems, copyrighted material or Nex-Tech Classifieds policies.
  • Use the Service if you are not able to form legally-binding contracts, are under the age of 18 or are temporarily or indefinitely suspended from the Service.
  • Post false, inaccurate, misleading, defamatory or libelous content (including personal information).
  • Display, "frame," make derivative works, distribute, license or sell Content from the Service, excluding postings you create.
  • Post or distribute spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes.
  • Distribute viruses or any other technologies that may harm the Service, Nex-Tech Classifieds or its affiliated companies or the interests or property of Nex-Tech Classifieds users.
  • Use any robot, spider, scraper, data mining tools, data gathering and extraction tools or other automated means to access the Service for any purpose, except with the prior express permission of Nex-Tech Classifieds.
  • Interfere with the working of the Service or impose an unreasonable or disproportionately large load on its infrastructure.
  • Export or re-export any Nex-Tech Classifieds application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
  • Infringe upon the copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Nex-Tech Classifieds. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling or preparing derivative works from Content that belongs to Nex-Tech Classifieds or someone else.
  • Infringe upon any Intellectual Property Rights that belong to third parties.
  • Commercialize any Nex-Tech Classifieds application or any information or software associated with such application, except with the prior express permission of Nex-Tech Classifieds.
  • Harvest or otherwise collect information about Nex-Tech Classifieds users, including email addresses, with or without their consent.
  • Renew or recreate listings in order to gain a better position within the Service.
  • Post negative information about another user or business.
  • Circumvent any technical measures used for the Service.

Copyright


If you believe in good faith that content or materials available on the Service infringes your copyright, you may request removal of (or access to) that content or material by providing the copyright agent below with a written notice pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, containing the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed;
  • A description (such as the URL) of where the material that is claimed to be infringed is located on the Site or the Services;
  • Your name, address, telephone number and email address;
  • A statement that you have a good faith belief that use of material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Our designated agent to receive notifications of claimed copyright infringement is:
Attn: Product and Culture Department
Address: 145 North Main, P.O. Box 158, Lenora, KS 67645
Phone: 785-625-7070
Email: abuse@ruraltel.net
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.


Abuse


Nex-Tech Classifieds and the communities work together to keep the Service working properly and the communities safe. Please report problems, offensive content and policy violations to Nex-Tech Classifieds via email at  info@nextechclassifieds.com or via phone at (877) 344-2037.


Without limiting other remedies, Nex-Tech Classifieds may, in any way, in its sole discretion and without limiting other remedies, limit, suspend or terminate the Service or user accounts, prohibit access to the Service, delay or remove hosted content, remove, not display and/or demote listings, and take technical and/or legal steps to keep users off the Service if Nex-Tech Classifieds thinks they are creating problems, possible legal liabilities or acting inconsistently with the letter or spirit of Nex-Tech Classifieds policies.


Nex-Tech Classifieds may cancel unconfirmed accounts or accounts that have been inactive for any period of time. Additionally, Nex-Tech Classifieds reserves the right to refuse, modify or terminate all or part of the Service to anyone for any reason at its discretion.


Purchase Conditions


When buying an item on the Service, you agree that:

  • You are responsible for reading the full item listing before making a purchase.
  • For motor vehicles and real estate, an offer initiates a nonbinding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
  • Nex-Tech Classifieds does not transfer legal ownership of items from the seller to the buyer.
  • Uniform Commercial Code § 2-401(2) and Kansas Code § 84-2-401 apply to the transfer of ownership between the buyer and the seller unless the buyer and the seller agree otherwise.
  • Prices are quoted in U.S. dollars. Packaging and delivery costs, if any, may be added to the total purchase price.
  • By completing and submitting an order, you are making an offer to purchase which, if accepted, may result in a binding contract (other than in connection with motor vehicles and real estate as set forth herein).

International Buying and Selling


The Service is operated in the United States. Nex-Tech Classifieds makes no representation that the Service, or Content or information available via the Service, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the Content is illegal is prohibited. Those who choose to access the Service from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws. The Service may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations. Sellers and buyers are responsible for complying with all laws, rules and regulations, including, without limitation, all laws, rules and regulations applicable to the international sale, purchase and shipment of items.


Liability; Indemnity; Disclaimer


You will not hold Nex-Tech Classifieds or any of its affiliated companies responsible for other users' content, actions or inactions, or items they list. You acknowledge the Service is a venue to allow anyone to offer, sell and buy just about anything, at any time, from anywhere, in a variety of pricing formats and venues. Nex-Tech Classifieds is not involved in the actual transaction between buyers and sellers. Nex-Tech Classifieds has no control over and does 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. Nex-Tech Classifieds bears no responsibility or liability for the Content on or items sold through the Service, and Nex-Tech Classifieds is not providing any advice regarding the legal requirements for the sale or transfer of firearms. All users are responsible for ensuring compliance with local, state and federal laws applicable to the sale of firearms, and may want to contact a Federal firearms licensee, e.g., a licensed gun dealer, to assist in the sale or transfer of firearms, especially if the buyer and seller live in different states. You will indemnify and hold Nex-Tech Classifieds, its affiliated companies and their respective officers, directors, agents, successors and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of the Service or your breach of any law or the rights of a third party.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL NEX-TECH CLASSIFIEDS, ITS AFFILIATED COMPANIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUCCESSORS OR EMPLOYEES BE LIABLE TO YOU OR ANY OF YOUR AFFILIATES FOR LOSS OF PROFIT OR INCOME, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED OR SUFFERED AS A RESULT FROM THE USE OF THE SERVICE, OR DIRECT OR INDIRECT CONSEQUENCES THEREOF.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF NEX-TECH CLASSIFIEDS IS FOUND TO BE LIABLE, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE, NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO NEX-TECH CLASSIFIEDS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (B) $100.


Nex-Tech Classifieds makes no promise, representation or warranty that the Content provided on the Service or the Service will at all times be available, accurate, complete, up to date, timely, secure or reliable. The Service is provided "AS IS" and "AS AVAILABLE." Nex-Tech Classifieds hereby disclaims any and all warranties, express or implied, including, without limitation, all warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and all warranties arising from course of dealing, usage or trade practice. You agree that Nex-Tech Classifieds is not responsible for examining or warranting the listings or content provided by third parties and that you will not attempt to hold Nex-Tech Classifieds liable for inaccuracies. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.


Release


If you have a dispute with one or more users, you hereby release Nex-Tech Classifieds, its affiliated companies, and their respective officers, directors, employees and agents any and all 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.


Governing Law & Claims & Indemnity


This User Agreement, Privacy Policy and all other policies, site rules and agreements referenced herein or on Nex-Tech Classifieds, and any claim, suit or action arising from it, shall be governed by and construed in accordance with the laws of the State of Kansas, and jurisdiction shall only be proper within the State of Kansas.


Entire Agreement


This User Agreement, including any referenced agreements herein, including the Privacy Policy, constitutes the entire and final agreement and understanding between you and Nex-Tech Classifieds with respect to the Services provided hereunder and supersedes all prior agreements and understandings of the parties.


Accounts


If you use the Service, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Nex-Tech Classifieds reserves the right to refuse service, terminate accounts, remove or edit content or cancel listings in its sole discretion.


Commercial Accounts and Promoted Listings


If you open a commercial account or promote a listing, you authorize us to charge your account. Commercial listings and promoted listings will be billed on the same day each month that the account was set up. Listings created or renewed under a commercial account, or listings promoted by any user, will be considered billable. Nex-Tech Classifieds recommends commercial users create personal accounts for noncommercial items to avoid billing errors.


A $20 service fee will be charged to the customer's account when credit card charges are disputed through the credit card company.


No Agency


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


General


Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.


Text Messages


By selecting to receive informational and/or transactional text messages from Nex-Tech Classifieds, you agree that you have provided your consent to receive the text messages and understand that Nex-Tech Classifieds may send such text messages via an automatic telephone dialing system to the wireless phone number that you have provided. You represent that you are the subscriber for or authorized user of the wireless number that you have provided to receive text messages from Nex-Tech Classifieds and that you are authorized to approve any related charges for messaging and data applied by your wireless carrier. You agree to promptly notify Nex-Tech Classifieds at 877-344-2037 if service for any wireless number provided by you is cancelled or if your wireless number changes, so that Nex-Tech Classifieds may update its records.


You may choose to opt-out of receiving text messages from Nex-Tech Classifieds at any time. You can stop receiving text messages at any time by texting a reply of "STOP" to any text message you receive.


Contact Us


By Email: info@nextechclassifieds.com

By Phone: 877-344-2037

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