Welcome to BisManOnline. By using the BisManOnline platform (including BisManOnline.com and/or its related sites, services, applications, and tools), you agree to the following terms and general principles. If you reside in the United States you are contracting with BisManOnline, Inc.
This Agreement is effective upon use/access for new users. For current users, this Agreement is effective January 1, 2018 and supersedes all previous versions of the BisManOnline User Agreement. You accept this User Agreement by clicking the Submit button when registering a BisManOnline account; accessing or using BisManOnline’s sites, services, applications, and tools; or as otherwise indicated on a specific site, service, application, or tool.
Scope for User Accounts
Table of Contents
- Using BisManOnline
- Abusing BisManOnline
- Online Conduct
- Buyer Protection
- Cross-Border Trade
- Authorization to Contact You; Recording Calls
- Disclaimer of Warranties; Limitation of Liability
- Limitation Of Liability
- Listing Conditions
- Purchase Conditions
- Security Policy
- No Agency
- Legal Disputes
- Limitations On Use
- Termination Of Access
- Change In Products, Services, Or Terms Of Service
By accepting this User Agreement, you unequivocally attest to being 13 years of age, or older, in compliance with COPPA rules and guidelines. Use of our site and services are expressly prohibited to any persons who do not meet this requirement. While using the BisManOnline site, services, applications, and tools, you will not:
- post content or items in inappropriate categories or areas on our sites and services;
- violate any State or Federal laws, existing statutes, Century Code, third party rights or our policies;
- use our sites, services, applications, or tools if you are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
- manipulate the price of any item or interfere with other users’ listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- circumvent any BisManOnline policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm BisManOnline, or the interests or property of BisManOnline users;
- export or re-export any BisManOnline applications or tools, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- copy, modify, or distribute rights or content from the BisManOnline sites, services, applications, or tools or BisManOnline’s copyrights and trademarks;
- commercialize any BisManOnline application or any information or software associated with such application; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
BisManOnline and its community of users (the “Community”) work together to keep our sites, services, applications, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may, at our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, 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 this agreement. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue BisManOnline sites, services, applications, or tools.
Any conduct by you or any user that at our sole discretion restricts or inhibits any other user from using or enjoying our products and/or services will not be permitted. You agree to use our products and services only for lawful purposes.
You may not post on or transmit through our products or services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.
We may prohibit conduct, communication, or Content that we, at our sole discretion, believe to be harmful or objectionable to individual users, us or our affiliates, or any rights of ours or any third party, or to violate applicable laws. Notwithstanding the foregoing, we cannot ensure prompt editing or removal of questionable Content after online posting or transmittal. Accordingly, neither we, nor any of our, nor the partners, officers, directors, employees, investors, and other representatives of any of them, assume liability for any action or inaction with respect to conduct, communication, or Content in connection with our products and/or services.
We require BisManOnline sellers to comply with all State and Federal laws pertaining to firearms. The sale of any illegal item, service or regulated substance is expressly forbidden, including, but not limited to, prescription medications, illegal drugs or paraphernalia, adult services, endangered species, etc. Any violation of this requirement will result in a suspension or cancellation of the user’s account without notice or recourse. Any pertinent information made aware to BisManOnline may also be provided to authorities accordingly.
Our website, services, applications, and tools are accessible to all sellers and buyers who access BisManOnline. Accordingly, some BisManOnline members may reside outside of North Dakota or the United States, and some may not speak English as a primary language. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to interstate or international buyers.
Authorization to Contact You; Recording Calls
To contact you for reasons relating to your account or your use of our site, services, application or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
When providing us with content or posting content on BisManOnline, services, applications, and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future. BisManOnline claims ownership rights to all user accounts, ads, messages, and any related content to do with as we see fit. At no time will we intentionally delete this information from our database or archives. Any liabilities for the use of stock images and copyrighted content in connection with BisManOnline listings are the sole responsibility of the seller.
We are a content distributor and not a publisher. We shall be considered to have no more control over the content on our site than a library has over the books on its shelves or a newsstand has over the publications it sells. We do not guarantee the accuracy, completeness or usefulness of any Content on the site. You are solely responsible for evaluating such Content. We assume no liability for any such Content.
All content on our sites/applications is Copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part without written notice from us. All Content is copyrighted, and we own a copyright in the selection, coordination, arrangement and enhancement of the Content, page headers, and custom graphics, button icons, previous and future Content.
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code: We will respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.
Disclaimer of Warranties; Limitation of Liability
We try to keep BisManOnline and its services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications, or tools. You further acknowledge that operation of and access to our sites, services, applications, or tools may be interfered with because of technical issues or numerous factors outside of our control. Updates to content and/or other notification functionality in BisManOnline’s applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays, or latency due to your physical location or your data service provider’s network. You agree that you are making use of our sites, services, applications, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold BisManOnline 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:
- Your use of or your inability to use our sites, services and tools;
- Delays or disruptions in our sites, services, applications, or tools;
- Viruses or other malicious software obtained by accessing our sites, services, applications, or tools or any site, services, applications, or tools linked to our sites, services, applications, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications, and tools or in the information and graphics obtained from them;
- Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications, and tools;
- The content, actions, or inactions of third parties, including items listed using our sites, services, applications, or tools, feedback provided by third parties, or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account;
- The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
- BisManOnline’s decision to end or remove your listing(s);
- Your need to modify practices, content, or behavior or your loss of or inability to make transactions, as a result of changes to this User Agreement or our policies.
BisManOnline reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
Our platform is a venue to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and “Or Best Offer” formats. We are not involved in or liable during, or after, any point of the actual transaction between buyers and sellers. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. that your listing will sell, etc.) We have no control over and do not guarantee the existence, 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 or return an item.
Limitation Of Liability
Use of our products and services is at your sole risk. Neither we, nor our affiliates, nor any of our officers, partners, directors, or employees, agents, investors, third-party content providers, vendors, licensers, or the like, warrant that our products or services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of our products or services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through our products or services.
WE ARE PROVIDING THESE PRODUCTS AND SERVICES AND RELATED CONTENT ON AN “AS IS” BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THESE ITEMS. WE DISCLAIM ALL THOSE REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH OUR PRODUCTS OR SERVICES IS ACCURATE, COMPLETE, OR CURRENT AND ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO YOU.
Neither we nor any of our affiliates, nor the directors, partners, employees, investors or other representatives of any of them, is liable for damages arising out of or in connection with the use of our products and/or services, including mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
You agree that you are solely and completely responsible for your use of our products and/or services, for any data transmissions using our products and/or services, and for the content of any such transmissions. You agree to indemnify and hold harmless us and our affiliates, the directors, partners, employees, investors or other representatives of any of them from any type of demand or any type of claim, including reasonable attorney fees, which may be made as a result of your use of our products and/or services.
If you have a dispute with one or more users or scammers (alleged or convicted), you release us 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.
By listing an item on BisManOnline’s sites, you agree to the following listing conditions: When you list an item on BisManOnline’s sites, your listing will be posted on BisManOnline’s sites. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so BisManOnline can’t guarantee exact listing durations. BisManOnline reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors including for-pay Upgrades purchased.
You are responsible for reading the full item listing, including any instructions the seller provides, before making a commitment to buy. Any offer implying a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item does not create a formal contract between the buyer, seller, and BisManOnline. We do not transfer legal ownership of items from the seller to the buyer.
We use reasonable precautions to protect the privacy and security of your user account information and any other information that you store or transmit using our products and/or services. Our web services are hosted by a reputable third party hosting service who is responsible for periodic backups and disaster recovery. While our experience with our hosting service has been very good, we make no representation or warranty with respect to such backups, disaster recovery, or data security. Specifically, we do not offer the ability to selectively restore content items stored or transmitted using our products or services, nor do we provide any guarantee that some or all of the data content you store or transmit using our service will not be permanently lost or corrupted. You are solely responsible for maintaining backup copies of any data you deem important.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, 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, or another user’s, breach of this User Agreement, improper use of BisManOnline’s sites, services, applications, or tools, and/or violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
By accepting this User Agreement, you indemnify BisManOnline of any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the BisManOnline User Agreement, your use of or access to BisManOnline sites, services, applications, and tools, or any products or services sold or purchased through BisManOnline’s sites, services, applications, or tools.
Limitations On Use
When using our products and/or services, you agree to follow U.S. laws regarding transmitting data, and not to make illegal use of our products and/or services or use them in connection with any activities or purposes that are illegal. Further, you agree not to use our products and/or services for transmitting or storing material that is, in our sole discretion, vulgar, obscene, harmful, libelous, abusive, or unlawful. You agree not to attempt to gain illegal or improper access to other computer systems or information not owned by you. Also, you agree not to interfere with anyone else who is a user of our products and/or services in their use of such products and/or services. You agree to not transmit or store anything using our products and/or services which could reasonably be expected to cause civil liability against anyone, or break applicable international regulations, international laws, national laws, national regulations, state laws, state regulations, or local laws, or local regulations.
Termination Of Access
At any time, for any reason, and without notice, we may terminate access to, or alter the functionality of, all or part of the products and/or services that are publicly provided by us. We may selectively and without notice terminate or limit access by any user for any conduct that we, in our sole discretion, believe to be harmful or disruptive to others, overly resource-intensive, or in violation of applicable laws.
Change In Products, Services, Or Terms Of Service
We may change any of our products or services or these terms of service at anytime. If you are a registered BisManOnline user, we may or may not send notification of any change by e-mail to the e-mail address registered with us.
Your use of any of our products or services on or after the effective date of any changes indicates your acceptance of those changes. If you do not accept the changes, or for any other reason, you may discontinue use of our products and services.
This agreement is governed by the laws of the State of North Dakota, excluding choice of law rules at our sole discretion, and the United States of America. Use of our products and/or services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of our products and/or services.
If anything that appears in this Standard Terms of Service document is found by the appropriate legal jurisdiction and authority to be in violation of the relevant law then the other parts of this document shall be understood as close to their original meaning as possible and the parts which were not in violation of a law remain in full effect, and full force. If we fail to act on any of the terms of this document, it should not be construed as a waiver of any provision nor does it affect our ability to act on any such term in the future.