This Agreement helps keep Northwest Flea Mart
a safe place to buy and sell. Northwest Flea Mart is built on
trust, and this Agreement helps promote that trust among all members of
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Northwest
Flea Mart OFFERS YOU ACCESS TO OUR SERVICES. BY REGISTERING
WITH Northwest Flea Mart, YOU ACCEPT THE TERMS AND CONDITIONS
We may amend this Agreement at any time.
- Eligibility for Membership. Our services are
only to individuals who can form legally binding contracts under
law. Without limiting the foregoing, our services are not available to
If you do not qualify, please do not use our services.
- Fees. Our then-current Fees and Credit Policies, are
incorporated herein by reference. Unless otherwise stated, all fees are
in U.S. Dollars. You are responsible for paying all applicable taxes
all hardware, software, service and other costs you incur to bid, buy,
a listing from us or access our servers. We may in our sole discretion
delete or change some or all of our services at any time.
- Northwest Flea Mart is Only a Venue. Our site
acts as the venue for sellers to conduct auctions and for bidders to
sellers’ auctions. We are not involved in the actual transaction
buyers and sellers. As a result, we have no control over the quality,
legality of the items advertised, the truth or accuracy of the
ability of sellers to sell items or the ability of buyers to buy items.
cannot and do not control whether or not sellers will complete the sale
items they offer or buyers will complete the purchase of items they
on. In addition, note that there are risks of dealing with foreign
underage persons or people acting under false pretense. We encourage
communicate directly with a trading partner to help you evaluate with
Because we do not and cannot be involved in
user-to-user dealings, in the event that you have a dispute with one or
users, you release Northwest Flea Mart (and our agents and
from claims, demands and damages (actual and consequential) of every
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
For legal reasons, we cannot nor do we try to
the information provided by other users (including feedback) which is
available through our system. In particular, note that the pictures and
graphics displayed in seller's listing do not reside on our servers,
and we do
not and cannot control these. By its very nature, other people’s
information may be offensive, harmful or inaccurate, and in some cases
mislabeled or deceptively labeled. We expect that you will use caution
common sense -- when using our site.
- Bidding and Buying. If you bid on an item and your
is accepted by the seller, you are obligated to complete the
are not retractable except in exceptional circumstances such as the
materially changing the description of the item after your bid or clear
typographical errors. You may not bid in a way that pulls other bidders
their maximum bid, retract the high bid, and then rebid at a small
above the legitimate high bidder.
- Listing and Selling. Listings are text descriptions,
graphics and pictures on Northwest Flea Mart's web site
you of either (a) the text describing the item you are listing for
(b) links to the text, graphics and picture(s) describing the item you
listing for auction. You may post on Northwest Flea Mart's site
or both of these listing types, provided that you place such listings
appropriate category, as Northwest Flea Mart may require.
If you receive one or more bids at or above your stated
minimum or reserve price, then you are obligated to complete the
You may not email bidders in a currently open auction being run by a
seller, offering similar or the same item at price levels below the
(bid siphoning), nor may you use an alias to place bids to make your
- Your Information. Your information includes any
information you provide to us or other users during the registration,
or listing process, in any public message area or through any email
(defined herein as "Your Information"). With respect to Your
You are solely responsible for Your Information, and we
a passive conduit for your online distribution and publication of Your
Information. However, we reserve the right to take any action with
such information we deem necessary or appropriate in our sole
discretion if we
believe it may create liability for us or may cause us to lose (in
whole or in
part) the services of our ISPs or other suppliers.
Your Information and the sale of your item(s) on Northwest
Flea Mart: (a) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights
rights of publicity or privacy; (b) shall not violate any law, statute,
ordinance or regulation (including without limitation those governing
control, consumer protection, unfair competition, antidiscrimination or
advertising); (c) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (d) shall not be obscene, contain
pornography or other pornographic or indecent material; (e) shall not
any viruses, Trojan horses, worms, time bombs, cancelbots or other
programming routines that are intended to damage, detrimentally
surreptitiously intercept or expropriate any system, data or personal
information; and (f) shall not link directly to or include descriptions
goods or services that: (i) are identical to other items you have up
auction but are priced lower than your auction item's reserve or
amount; (ii) are concurrently listed for auction on a web site other
than Northwest Flea Mart's; or (iii) you do not have a right to
link to or
include. Furthermore, you may not post on our site or sell through our
item that, by paying to us the listing fee, could cause us to violate
applicable law, statute, ordinance or regulation.
Solely to enable Northwest Flea Mart to use Your
Information you supply us with, so that we are not violating any rights
might have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicenseable
multiple tiers) right to exercise the copyright and publicity rights
other rights) you have in Your Information, in any media now known or
currently known, with respect to Your Information. Northwest Flea
will only use Your Information in transaction emails.
- No Price Manipulation. Sellers may not manipulate
price of their item, either by using a shill (a secondary account or
party) or by bidding themselves.
- System Integrity. You may not use any device,
or routine to interfere or attempt to interfere with the proper working
of the Northwest Flea Mart site or any auction being conducted
on our site.
You may not take any action which imposes an unreasonable or
large load on our infrastructure. You may not disclose or share your
to any third parties or use your password for any unauthorized purpose.
- Breach. We may terminate your membership and any of
current auctions immediately if you breach this Agreement or if we are
to verify or authenticate any information you provide to us.
- Privacy. Our then-current privacy policies are
incorporated herein by reference.
- No Warranty. WE AND OUR SUPPLIERS PROVIDE THE Northwest
Flea Mart WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS
DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
you. This warranty gives you specific legal rights and you may also
legal rights which vary from state to state.
- Limit of Liability. IN NO EVENT SHALL WE OR OUR
SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING
OUT OF OR
IN CONNECTION WITH THIS AGREEMENT.
Some states do not allow the limitation of
so the foregoing limitation may not apply to you.
- General Compliance with Laws. You shall comply with
applicable laws, statutes, ordinances and regulations regarding your
use of our
service and your bidding on, listing, purchase and sale of items.
- No Agency. You and Northwest Flea Mart are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
by this Agreement.
- Notices. Except as explicitly stated otherwise, any
notices shall be given by email to Administrator (in the case
of Northwest Flea Mart) or to the email address you provide to Northwest
Flea Mart during the registration process (in your case), or
such other address as the party shall specify. Notice shall be deemed
hours after email is sent, unless the sending party is notified that
address is invalid. Alternatively, we may give you notice by certified
postage prepaid and return receipt requested, to the address provided
to Northwest Flea Mart during the registration process. In such
notice shall be deemed given 3 days after the date of mailing.
- General. This Agreement shall be governed in all
respects by the laws of the State of Oregon as such laws are applied
to agreements entered into and to be performed entirely within Oregon
between Oregon residents. Both parties submit to jurisdiction in Oregon
and further agree that any cause of action arising under this
Agreement shall be brought exclusively in a court in Portland, Oregon.
We do not guarantee continuous, uninterrupted or secure access to our
and operation of our site may be interfered with by numerous factors
our control. If any provision of this Agreement is held to be invalid
unenforceable, such provision shall be struck and the remaining
shall be enforced. Headings are for reference purposes only and in no
define, limit, construe or describe the scope or extent of such
failure to act with respect to a breach by you or others does not waive
right to act with respect to subsequent or similar breaches. This
sets forth the entire understanding and agreement between us with
the subject matter hereof.
- Disclosures. The services hereunder are offered by Bytemaster.