User Agreement (Terms and Conditions)
We may also collect more general information from your browser such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data. This information may be collected from you whenever you access the site whether or not you provide us with any personal information. We use this information, which does not identify individual users, to help us to diagnose problems with our servers and administer the Site, to analyze trends, to administer the site, to analyze trends, to administer the site, to track usersâ€™ movements around the site and to gather demographic information about our user base as a whole, track usersâ€™ movements around the site and to gather demographic information about our user base as a whole.
We offer sign-on services that allow you to use third party login credentials to access noblag website. We also offer services that allow you to share information with third party social media websites such as Facebook, Google Plus, Twitter, pinterest, youtube, and others.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your personal information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us, you can indicate your communications preference in your noblag home page or within the direct communication from us. If do not wish to participate in our ad-customization programs, you can opt-out by following the directions provided within the applicable advertisement.
We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We also share your personal information with:
Service providers under contract who help with our business operations such as, but not limited to, fraud investigations, bill collection, affiliate and rewards programs, site operations, and co-branded credit cards.
Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other noblag user to legal liability. In such events, we will disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history, and anything else we may deem relevant to the investigation.
Credit bureaus. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
We use â€œcookiesâ€� on certain of our pages to help analyze our web page flow; customize our services,content and advertising,measure promotional effectiveness, and promote trust and safety.
Hassle-Free Spam, Spyware or Spoofing
We and our usersd do not tolerate spam. We suggest that you set up your noblag communication preferences so we can communicate to you as you prefer. You are not licensed to add other noblag users, even a user who has purchased an item from you, to your mailing list without their express content. To report noblag-related spam, please forward the email to [email protected]. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks, and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
We work closely with our affiliated businesses. In some cases, these businesses might sell offerings to you directly through noblag. In other cases, we might sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party. We Do Not Control.
Personal information Security Measures
In an effort to keep your information confidential in our Site, noblag has implemented various security measures, including the highest industry standards for secure servers - Secure Socket Layers (SSL) and firewalls. We provide you with the capability to transmit your personal information via secured and encrypted channels if you use a similarly equipped web browser. As you know, perfect security does not always exist on the Internet (or in the real world). Despite this, we will do our best to continue to ensure the security of your private information.
Risk of Interception
Please keep in mind that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While noblag strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this Site and that any personal information, general information or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume. If you have any questions about security on our Web site, please contact us.
Personal Information changes
If your personal information changes, or if you no longer desire our service, you may cancel your registration at any time, or delete or modify your personal information by logging in to our website and visiting your registration page and following the instructions provided. You may also make a request by contacting our customer support or by contacting us by telephone or postal mail using the contact information listed below. We will respond to your request to access within 30 days
We will retain your information for as long as your account is active or as needed to provide you services. Thereafter, we will retain and use your information only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Receiving emails from our site is part of our service. If you no longer wish to receive these emails, you may opt out of them by canceling your account.
Third-Party Service Providers
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Sometimes we send offers to selected groups of noblag customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your Email Preferences or unsubscribe by clicking the unsubscribe link at the bottom of any noblag e-mail.
As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Noblag or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Noblag is designed to allow buyers and sellers to engage in transactions although we also provide you with the opportunity to communicate privately with buyers and sellers. We also make chat rooms, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your personal information. If you cannot do so yourself, to request removal of your personal information from our community forum, contact us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
What Choices Do I Have?
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase.
You can add or update certain information on pages such as those referenced in the "Which Information Can I Access?" section above. When you update information, we usually keep a copy of the prior version for our records.
If you do not want to receive e-mail or other mail from us, please adjust your Email Preferences or unsubscribe by clicking the unsubscribe link at the bottom of any noblag e-mail.
What About Third-Party Advertisers and Links to Other Web Sites?
Our site might include third-party advertising and links to other Web sites. We do not provide any personally identifiable customer information to these advertisers or third-party Web sites.
noblag might also display targeted advertising based on personal information about users. Although nolag does not provide any personal information to advertisers, advertisers (including ad-serving companies) may assume that users who interact with or click on a targeted advertisement meet the targeting criteria used to display the ad (for example, users in the northwestern United States who like designer jeans).
We go to great lengths to protect all of your information on our site. To help us maintain the security of your personal information, we ask that you do not share your password with anybody. Sharing this information could put you and your rating as a buyer/seller at risk. If you lose control of your password or you think that somebody has obtained unauthorized access to your account, immediately change your password. Please contact us if you have any questions.
You must promptly notify us if your credit stolen or lost, user name or password is lost, stolen or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.
Transfer and Assignment of Rights
Nothing in this Policy shall limit, prohibit, or otherwise deny the ability of noblag to transfer, assign, or sell its assets, including limitation,the assets of our site, to a third party or dispose of its assets in any manner through bankruptcy or similar proceeding.
Noblag makes no representations regarding, and disclaims all liabilities arising out of or related to, the accuracy or completeness of the information it collects and discloses through our site.
this Policy, as modified, is effective as of May 2013, and will remain in effect except with respect to any provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the site. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We reserve the right, at any time and without notice to add to change update or modify this Policy simply by posting such change, update or modification on noblag and without any other notice to you. Any such changes, updates, modifications or deletions will be effective immediately upon posting to this site. You should check this Policy periodically as its terms may change from time to time. Your continued use of the site after we post and your agreement to abide and be bound by the modified Policy.
Your User Agreement
The following describes the terms on which Noblag.com offers you access to our sites, services, and tools (including, but not limited to, applications).
You agree to the following terms with Noblag.com and the general principles for the sites.
By accessing any information contained on noblag website through any device or service, or by using the Service in any manner, you agree to be bound by the following Terms. You may review this Agreement at any time by clicking on the User Agreement link at the bottom of any page. In addition, if you visit any of our partnersâ€™ web sites or arrive at our Site through one of our many partnersâ€™ web sites, you may also be subject to the terms and conditions of that web site.
This Agreement is effective on May , 2013, for current users, and upon acceptance for new users. You accept this User Agreement by clicking the submit button when registering a noblag account; accessing or using the site, services, and tools or as otherwise indicated.
In this User Agreement, you find provisions tha govern how claims you and we have against each other are resolved. An agreement to Arbitrate with limited exception requires you to submit claims you have against us to binding and final arbitration,unless you opt-out of the Agreement to Arbitrate. Unless you opt-out, you will only be permitted to pursue claims against noblag on an individual basis, not as part of any class or representative action or proceeding and you wil only be permitted to seek relief (including monetary, injuctive, and declaratory relief) on an individual basis.
while using noblag sites, services and tools, you will not:
1) post content or items in inappropriate categories on our sites and services;
2) violate any laws, third party rights or our policies;
3) use our sites, services or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, or tools;
4) fail to pay for items purchased by you, or a clear typographical error is made or you cannot reach the seller;
5) fail to pay for items purchased from you, unless the buyer fails to meet the posted terms or you cannot reach the buyer;
Noblag works to keep our sites, services, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Noblag works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our team and we will investigate.
we may, in our sole discretion, and without other remedies, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, or tools. If we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, shill bidding, conducting off-Noblag transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Noblag sites, services, or tools.
You may browse the Site for free and without registering. However, you must register on the Site to use our Services. During Registration You will be asked to provide information such as your name, address, telephone number and email address. You will also be asked to create an account consisting of an email address and a password ("Your Account") to identify yourself in future visits to the Site. It is your responsibility to maintain the confidentiality of Your email address and password and you agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account (including rating and feedback) to any third party.
Account on Hold
To protect against the risk of liability,Noblag may hold seller funds based on certain factors, including, but not limited to,selling history, seller performance, riskiness of the listing category.
Listing items on noblag are free; however, noblag charges fees for various services offered through our site. Please see our fees schedule which we may change from time to time. When we make changes to the fees schedule, a notice will be posted and will be effective afer fifteen days on noblag website. It may also happen where we temporarily change the fees for our services for promotional events or new services, ans such changes are effective when temporary promotional event or new service on the sites is posted.
All fees are in United States Dollars. You are responsible for paying all fees and applicable taxes associate with our sites, services, and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due,we may collect fees owed using other collection mechanisms. We may also use other payment methods you have on file with us to collect the fees. Otherwise collection agencies and lega counsel will be retained for accounts over 180 days past due. In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, and tools until full payment is made.
Credit Card Verification
Noblag requires sellers to have a valid credit card on file. In order to verify your credit card, one or two refundable charges will be made (sougat, I donâ€™t know how you set up that. verify). Once the charges appear on your statement, you will need to confirm those amounts in your noblag account. Noblag will also verify your credit card information (including expiration date and billing address).
Credit Card Billing
Noblag will not charge the seller credit card used for verification on file, unless you conduct an activity on our Site that has a fee associated with it. Before incurring fees, you will have an opportunity to review and accept the fees that you will be charged for the use of our Services. By agreeing to a transaction with a fee, you authorize us to charge your credit card or otherwise bill Your Account for such fees.
Some purchases made through noblag may be subject to a non-refundable per item processing fee.
We reserve the right to change or discontinue, temporarily or permanently, some or all of our Services at any time with or without notice. In the event we introduce a new service, the fees for that service are effective at the launch of the service. We may also choose to temporarily lower the fees for our Services for promotional events (for example, free listing days), and such changes are effective when we post information about the promotional event on the Site. We may also change our Fee Policy and the fees for our Services at any time and in our sole discretion. Except for the foregoing fee changes, our changes to the Fees Policy are effective after we post the changes on our Announcement Board
When you list an item on noblag's sites, you agree to pay noblag's fees, to assume full responsibility for the content of the listing and item offered,and to accept the following lsiting conditions: When you list an item on noblag's sites, your listing will be posted on noblag's sites and can be viewed in My noblag account . Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so noblag can't guarantee exact listing durations. noblag's listing policy may also affect whether your listing appears in search results. Where your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in noblag's Help Pages.
You are responsible for reading the full item listing, including any instructions the seller provides before buying.
You authorize noblag, its affiliates, agents, and independent contractors to contact you at any telephone number (including telephone numbers associated with mobile, cellular, wireless, or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including, but not limited to, calls or text messages using an automatic telephone dialing system and/or prerecorded messages, even if you incur charges for receiving such communications.
You understand and agree that noblag may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with noblag or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with noblag may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by noblag, and noblag does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
You agree to grant and hereby do grant noblag a non-exclusive, worldwide,
Intellectual Property and rights
You agree not to link to any third partyâ€™s web site or any file or data on a third party web site without that third partyâ€™s permission. You agree that you will not use any automatic or manual process to monitor or copy any portion of the Site without noblagâ€™s prior written permission. You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of noblag or any third party. When accessing the Site or using noblagâ€™s services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is governed by and subject to applicable U.S. and International law regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information, content, goods or merchandise in violation of any third partyâ€™s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by such laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any information, content, goods or merchandise You provide, transmit, distribute or sell, or that is provided, transmitted, distributed or sold using Your User ID. The sale of unauthorized, counterfeit or replica products is prohibited, and the use of a third partyâ€™s trademark in connection with non-genuine goods is prohibited. The burden of proving that any User Content does not violate any laws or their party rights rests solely with you. If you are identified as selling unauthorized goods, noblag reserves the right to disclose your identity and contact information (including any aliases or alternate IDs or email addresses that you may have previously used) and credit card information, upon request of the intellectual property rights owner, and to assist in any prosecution. This disclosure may be made without notice to you. View our Copyright Policy. Noblagâ€™s Copyright Policy is expressly incorporated into this Agreement by this reference.
Disclaimer of Warranties
We thrive to keep noblag and its sites, services, and tools safe,secure, and functioning properly. You understand that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or other factors outside of our control. You agree that you use our sites, services, or tools at your own risk, and that they are being provided to you on as available basis. We exclude, to the extent permitted by applicable law, all express or implied waranties, terms and conditions including but not limited to, implied warranties of merchantability. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold noblag responsible for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (a) your use or your inability to use our sites, services and tools; (b) Delays or disruptions in our sites, services, or tools; (c) Viruses or other malicious software obtained by accessing our sites, services, or tools or any other sites linked to our sites, services, or tools. (d) errors, inaccuracies, bugs of any kind in our sites, and tools or in the information and graphics obtained from them; (e) the content, actions, inactions of third parties, including items listed using our sites, services, or tools or the destruction of allegedly fake items; (e) a suspension or other action taken with respect to your account; (f) the duration or manner in which your listings appear in search results as set forth in the listing conditions; (g) your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies, noblag reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein;(h) Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you; (i) you acknowledge that our sites are venues to allow users to sell, buy just about anything at any time, from anywhere. We are not involved in the actual transaction between buyers and sellers. We do not have any control over and do not guarantee the existence, quality, safety, or legality of items advertised, the truth or accuracy of usersâ€™ 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 or return an item.
But if for some reason we are found to be liable, our liability to you to any third party is purely limited to the greater of (a) any amounts due under the noblag buyer protection policy to the price the item sold for on noblag (including any applicable sales tax) and its original shipping costs; the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) 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.
Noblag's sites contain robot exclusion headers. Information on our sites is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to noblag by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
express written permission of noblag and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of our sites, services, or tools, or any activities conducted on or with our sites, services, or tools; or
Bypass our robot exclusion headers or other measures we may use to prevent or restric access to our sites.
You will indemnify and hold us (and our affiliates and subsidiairies, and our and their respective offiicers, directors, employees,and agents) 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 User Agreement, your improper use of noblag's sites, services, or tools,and/or your violation of any law or the rights of a third party.
Except as explicitly stated that otherwise,legal notices shall be served on noblag's national registered agent or to the email address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My noblag account. In such case, notice shall be deemed given three days after the date of mailing.
you and Noblag agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accourdance with the provisions set forth in this Lega l Disputes Section. Please read this section carefully. If affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and noblag,except as otherwise stated in this User Agreement.
You agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and noblag,except as otherwise stated in this User Agreement.
Agreement to Arbitrate
You and noblag agree that any and all disputes or claims that have arisen or may arise between you and noblag shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to arbitrate
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and noblag agree that each of us may bring claims against the other only on an individual basis andnot as part of any purported class or representative action or proceeding. Unless both you and noblag agree otherwise, the arbitrator may not consolidate or join more than one personâ€™s or partyâ€™s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that partyâ€™s individual claim(s). Any relief awarded cannot affect other noblag users.