Nex-Tech Classifieds User Agreement
This User Agreement is between you and Nex-Tech, LLC, with corporate headquarters located at 145 North Main,
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
you have read, understand and agree to be bound to this User Agreement. IF YOU DO NOT AGREE TO THE USER
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
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.
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
- 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
- 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
- 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
- Interfere with the working of the Service or impose an unreasonable or disproportionately large load on
- 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.
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
- 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
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be
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
firstname.lastname@example.org 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.
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
- 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.
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
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
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.
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.
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
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, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or
created by this User Agreement.
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.
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.
By Email: email@example.com
By Phone: 877-344-2037